1.         Vigorously pursues the case

This basically means you will authorize your attorneys to do what is necessary to successfully pursue this case on behalf of the class. A class representative represents the interest of all members of his or her class in litigation to recover damages or obtain injunctive relief.

2.         Has typical claims as the class

A class representative has claims that are typical of those of the class, and that involve common questions of law and fact.

3.         Makes fair decisions for everyone

A class representative always considers the interests of the class just as he or she would consider his or her own interests and in some cases must put the interests of the class before his or her own interests. This means that you are a champion of the class or a fiduciary litigant. You must make decisions that are fair to everyone in the class. You need to think of the class when you make decisions. This includes making decisions about whether to settle the case. If the defendant wants to settle just with you, you need to think about your responsibilities to the class.

4.         Is available for a deposition and is willing to answer questions under oath

A class representative always participates in the lawsuit, as necessary, by among other things, answering interrogatories (written questions), producing documents to the defendant and giving deposition and trial testimony if required. Taking a deposition may require taking a day off work. Although your participation would be required in any lawsuit, it is especially important in a class case because it is your opportunity to show the defendant and the Court that you are able to handle the responsibility of being a class representative.

5.         Understands that decisions are subject to court approval

A class representative recognizes and accepts that any resolution of the lawsuit by dismissal or settlement is subject to court approval and must be designed in the best interest of the class as a whole.

6.         Must be generally familiar with the case

a.         This does not mean you must know every aspect of this litigation. A class representative is not required to be particularly sophisticated or knowledgeable about the subject matter o the lawsuit.  However, a class representative should follow the progress of the lawsuit and should provide all relevant facts to the lawyers for the class. We will keep you informed of major events and this will satisfy your duty. You should read the complaint and understand it generally. You should know who the parties are. You should know why you are suing.

b.         You may and should confer with us at any time you feel it is appropriate to do so and you need to ask questions of your lawyer if you do not understand what is going on.

7.         Is generally available to their attorneys in preparing the case

During the course of the case, the class representative must be available to the attorneys for consultation and advice on matters which affect the case. The client must diligently respond to requests by their attorneys and assist the attorneys in preparing the case for trial. If the client moves or changes telephone numbers, the client must immediately inform the attorneys how he or she can be contacted.

8.         Has a duty to preserve their iPhone and other potential evidence

            The class representative must preserve their iPhone, documents, and any other evidence that 
            could be relevant to the case.