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 to certify the class |
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 to Certify the Class against Defendants, Department of Early Education and Care and Department of Elementary and Secondary Education, and hereby avers as follows:
- Plaintiff has filed this cause against Defendants seeking declaratory and injunctive relief.
- Plaintiff seeks to represent a class of other parents and legal guardians who have children who attend public schools in the Commonwealth of Massachusetts.
- Because the proposed class includes all parents and legal guardians whose children attend public schools within the Commonwealth of Massachusetts, the number of putative class plaintiffs is so numerous that joinder of all members is impracticable.
- Whether students can be required to utilize a device, such as mask, while present in the school facilities within the Commonwealth of Massachusetts without the consent of the parents or legal guardians, or without a lawful order from the Superior Court is a question common to all putative class Plaintiffs.
- This common question controls the outcome of this matter and, therefore, predominated over any questions affecting only the individual parent named specifically herein.
- The representative party is a parent who has children who attend a public school in the Commonwealth of Massachusetts.
- Plaintiff will pursue the rights of all class members under the laws of the Commonwealth of Massachusetts.
- As such, the representative Plaintiff will fairly and adequately protect the interests of the class.
- Moreover, no class member will be prejudiced in this cause as each parent or legal guardian can merely choose to voluntarily require their children to utilize a device such as mask regardless of whether an order of quarantine might issue against their child by the Department of Health or the local health board.
- The class action is an appropriate method for the fair and efficient adjudication of the controversy, as the outcome will be controlled by a central legal question common to all putative class members.
WHEREFORE, Plaintiff seeks an order from this Court ordering this cause may be maintained as a class action and finding the members of the class are all parents and legal guardians of students who attend school within the Commonwealth, and 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 to Certify the Class 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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