![]() Under the Central District of California’s Local Rules, Rule 23-3 requires plaintiffs to file a motion for class action certification within 90 days of filing a complaint. The district court granted summary judgment in favor of CBS and struck class certification as untimely filed under Central District of California Local Rule 23-3. CBS delivers music content through terrestrial radio and digital streaming. and CBS Radio, claiming that CBS infringed on ABS’s intellectual property rights by digitally streaming certain sound recordings without ABS’s permission. The plaintiffs in ABS Entertainment were four record companies who brought a class action against CBS Corp. The 9th Circuit’s Decision in ABS Entertainment This decision brings a major change to class action litigation practice in the Central District of California, where the 90-day Local Rule places pressure on parties to conduct early discovery for class certification. The 9th Circuit recently invalidated the Central District of California’s Local Rule that requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint as “incompatible” with the Federal Rules of Civil Procedure. Parties have one less tool in their toolkit to push for early class certification discovery.The 9th Circuit in ABS Entertainment overturned Local Rule 23-3’s applicability as “incompatible” with Federal Rule of Civil Procedure 23.Central District of California Local Rule 23-3 requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint. ![]()
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