A "Designated Internet Site" for the purposes of Local Rule 23-2 of the United States District Court for the Northern District of California is an Internet site that:
(1) is accessible at no cost to all members of the public who are otherwise able to access the Internet through commonly used web browsers;
(2) charges no fee to any party, intervenor, amicus or other person subject to the provisions of this rule;
(3) places no restrictions on any person's ability to copy or to download, free of charge, any materials posted on the site pursuant to the requirements of this rule;
(4) maintains and responsibly operates a notification feature whereby any member of the public can request to receive e-mail notification, at no charge, of any posting of materials to the Designated Internet Site;
(5) undertakes to post on its site, within two days of receipt of the electronic copy, copies of all class action filings forwarded to it in compliance with the provisions of subsection (a) of this rule;
(6) undertakes to provide e-mail notification within one day of receipt of the electronic copy of the class action filing to all other Designated Internet Sites informing them of the posting of any materials related to securities class action litigation;
(7) maintains and publicizes a physical address to which the United States Postal Service or other commonly used delivery services can make physical delivery of documents and/or diskettes, an Internet address in the form of an operational Uniform Resource Location ("URL"), and an e-mail address to which persons can transmit electronic copies of documents subject to the posting requirement of this rule;
(8) undertakes to disclose prominently the URLs, physical addresses, and facsimile numbers of all other Designated Internet Sites known to it; and
(9) submits to the Secretary of the Securities and Exchange Commission (the "Secretary") a statement, signed by a member of the bar that: identifies the Designated Internet Site through its URL; provides the name, address, telephone number, facsimile number and e-mail address of one or more persons responsible for operation of the site; and attests that the site satisfies the requirements of the rule and that it will promptly notify the Secretary should it cease to be a Designated Internet Site.
What Class Action documents can be found on a Designated Internet Site?
On a Designated Internet Site, you will find:
(1) any pleading specified in FRCivP 7(a);
(2) any briefs, declarations or affidavits filed pursuant to FRCivP 12, 41 or 56;
(3) any briefs, declarations or affidavits relating to certification of a class pursuant to FRCivP 23;
(4) any briefs, declarations or affidavits relating to designation of a lead plaintiff pursuant to 15 U.S.C. § § 77z-1(a)(3) or 78u-4(a)(3);
(5) any report, statement, declaration or affidavit of an expert witness designated to testify whether filed pursuant to FRCivP 26(a)(2)(B), or otherwise;
(6) any pretrial conference statement pursuant to Civil L.R. 16-16(B), pretrial briefs or motions in limine;
(7) any filing concerning approval of a settlement of the action; and
(8) any filing concerning any request for attorney fees or costs.
No person, however, is required to post any:
(9) document which is filed under seal with the written consent of the court, whether pursuant to a pre-existing written confidentiality order, or otherwise; or
(10) exhibits, appendices or other attachments to documents otherwise required to be posted; or
(11) briefs, declarations or affidavits which are not available in electronic form in the possession, custody or control of the person filing the document, or such person's counsel, agents, consultants or employees.