Andre Joseph Thebeau
77 Edlee St.
Fitchburg, MA 01420
(781) 640-3848
Plaintiff in pro per
COMMONWEALTH OF MASSACHUSETTS
WORCESTER COUNTY SUPERIOR COURT
| ANDRE JOSEPH THEBEAU AS THE PARENT AND GUARDIAN OF STUDENTS E.T AND O.T, INDIVIDUALLY AND ON BEHALF OF OTHER PERSONS SIMILARLY SITUATED,Plaintiff,vs.DEPARTMENT OF EARLY EDUCATION AND CARE; AND DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION,Defendants. | Case No.: NumberDocket No.: motion for Temporary Restraining Order |
NOW COMES Plaintiff, Andre Joseph Thebeau (Andre), on his own accord as the parent and guardian of students E.T and O.T, as well as the Parents bringing this action on behalf of all parents and guardians of children similarly situated, and for this Motion for Temporary Restraining Order against Defendants, Department of Early Education and Care and Department of Elementary and Secondary Education, and hereby avers as follows:
- Plaintiff has filed a Verified Complaint for Declaratory Judgment and Writ of Injunction which Verified Complaint is incorporated herein by reference.
- The emergency injunctive relief Plaintiff now seeks is necessary to prohibit substantial and irreparable injury to protect the children’s right of being free from having the use of medical devices forced upon them until such time as the Permanent or Preliminary Injunction is heard.
- Every day that passes, the children are being unlawfully forced to utilize a mask as a device to limit the spread of an infectious disease notwithstanding the Department of Public Health and the local boards of health have at no time sought a quarantine order against the children in a manner prescribed by law.
- The Verified Complaint for Declaratory Relief and Writ of Injunction has set forth Plaintiff’s and other parents and/or guardians in this class action ascertainable rights to be protected and has demonstrated there exists a reasonable likelihood of Plaintiff’s and other parents and/or guardians’ success on the merits.
- Plaintiff and the parents and/or guardians in this class action have no adequate remedy in law in that their children are being forced to utilize a mask as a device to limit the spread of an infectious disease before being allowed to engage in their right to a public education in a manner not authorized by law.
- The public’s interest is still protected in that the Department of Public Health or the local boards of health have the authority to obtain a lawful order of quarantine from the Superior Court against any or all of the children, which would compel them to utilize a device to prevent the spread of an infectious disease.
ANDRE JOSEPH THEBEAU, on his own accord as the parent and guardian of students E.T and O.T, as well as all parents and guardians of children similarly situated, prays for an entry of the following order:
- A Temporary Restraining Order, without bond, restraining Defendants, to immediately discontinue forcing any or all children attending within the Commonwealth of Massachusetts to utilize a mask while on school premises as a device to limit the spread of an infectious disease unless the parent or guardian of the child consents or the Department of Public Health or the public health board obtains an order of quarantine from the Superior Court;
- A hearing date be set on Plaintiff’s Motion for Preliminary Injunction
- For such other and further relief as this Court deems just and proper.
Dated this ____ day of _________________, 2021.
Respectfully Submitted,
___________________________________
Andre Joseph Thebeau
VERIFICATION
I, Andre Joseph Thebeau, being duly sworn depose and say that I am the Plaintiff in the above-entitled action, that I have read the foregoing Motion for Temporary Restraining Order and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this _____ day of ____________________, 2021.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was sent on the ____ day of ____________________, 2021 by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:
Department of Early Education and Care
50 Milk St.,
Boston, MA 02109-5002
(617) 988-6600
(800) 439-2370
Department of Elementary and Secondary Education
75 Pleasant St.,
Malden, MA 02148
(781) 338-3000
(800) 439-2370
Dated this ____ day of _________________, 2021.
Respectfully Submitted,
___________________________________
Andre Joseph Thebeau
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