ORDER TO CERTIFY THECLASS

Andre Joseph Thebeau

77 Edlee St.

Fitchburg, MA 01420

(781) 640-3848

andre_thebeau@yahoo.com

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.:[proposed] order to certify the class

This cause coming to be heard on ANDRE JOSEPH THEBEAU, on his own accord as the parent and guardian of students E.T. and O.T., Motion to Certify the Case as a Class Action, the court considering the pleadings, the surrounding facts and circumstances, and having been further advised in the premises, finds as follows:

  1. Plaintiff has filed this cause against Defendants seeking declaratory and injunctive relief.
  2. Plaintiff seeks to represent a class of other parents and legal guardians who have children who attend public schools in the Commonwealth of Massachusetts.
  3. 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.
  4. 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.
  5. This common question controls the outcome of this matter and, therefore, predominated over any questions affecting only the individual parent named specifically herein.
  6. The representative party is a parent who has children who attend a public school in the Commonwealth of Massachusetts.
  7. Plaintiff will pursue the rights of all class members under the laws of the Commonwealth of Massachusetts.
  8. As such, the representative Plaintiff will fairly and adequately protect the interests of the class.
  9. 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.
  10. 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, IT IS HEREBY ORDERED:

  1. This matter is hereby certified as a class action which putative class members shall be all parents and guardians on behalf of their children who attend school within the Commonwealth of Massachusetts.

Dated this ______ day of ______________________, 2021.

Entered by:

___________________________________

[NAME OF JUDGE]

Judge

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