Gomez v. Illinois State Board of Education

117 F.R.D. 394, 42 Educ. L. Rep. 1211, 1987 U.S. Dist. LEXIS 7838
CourtDistrict Court, N.D. Illinois
DecidedAugust 26, 1987
DocketNo. 85 C 3744
StatusPublished
Cited by63 cases

This text of 117 F.R.D. 394 (Gomez v. Illinois State Board of Education) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gomez v. Illinois State Board of Education, 117 F.R.D. 394, 42 Educ. L. Rep. 1211, 1987 U.S. Dist. LEXIS 7838 (N.D. Ill. 1987).

Opinion

[396]*396MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

Plaintiffs Jorge Gomez, Marisa Gomez, Efrain Carmona, Alina Carmona, Maria Huerta, Juan Huerta, Cristina Calderon and Jaime Escobedo filed this action requesting class certification, and seeking declaratory and injunctive relief to enjoin the defendants’ alleged violations of the Equal Educational Opportunities Act of 1974 (the “EEOA”), 20 U.S.C. sec. 1701 et seq., the fourteenth amendment and Title VI of the Civil Rights Act of 1964. The defendants subsequently moved to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6). Judge Bua dismissed the action on July 12, 1985 without ruling upon the plaintiffs’ request for class certification, (614 F.Supp. 342), and the plaintiffs appealed.

On appeal, the Seventh Circuit affirmed the dismissals of the plaintiffs’ claims under the fourteenth amendment and Title VI, but reversed and remanded the dismissals of the plaintiffs’ claims under the EEOA and the regulations promulgated pursuant to Title VI. 811 F.2d 1030. On June 17, 1987, the case was reassigned here. Before the court are the plaintiffs’ motion for class certification under Fed.R.Civ.P. 23(b)(2), and the plaintiffs’ motion to withdraw certain named plaintiffs and to add other individuals as named plaintiffs. For the reasons set forth below, the plaintiffs’ motion for class certification is granted; the plaintiffs motion to withdraw and add. certain individuals is granted in part and denied in part.

I. STATEMENT OF FACTS

The facts underlying this suit have been reported on two previous occasions, and therefore will not be reported at length here. See 614 F.Supp. 342, 344; 811 F.2d 1030, 1032-35. Nevertheless, a brief description of the plaintiffs’ surviving claims will prove helpful to an understanding of the Court’s resolution of this motion.

In their complaint, the plaintiffs allege that they have been deprived them of the right to equal educational opportunities as the result of the defendants’ violations of the EEOA and the regulations promulgated pursuant to Title VI. The plaintiff’s allege, inter alia, that the defendants have:

(1) failed to promulgate objective and uniform guidelines in order to identify properly limited English-proficient students (“LEP students”);
(2) failed to promulgate objective and uniform guidelines in order to determine properly when LEP students, already enrolled in remedial programs, may be placed in regular classrooms;
(3) failed to enforce state law;
(4) failed to supervise and ensure that local school districts comply with federal law requirements; and
(5) denied the plaintiffs equal access to educational programs for which the defendants have received federal financial assistance.

Pls.’ Complaint pars. 28, 31.

We now address the plaintiffs’ motions.

II. DISCUSSION

The Court has broad discretion in determining whether a class should be certified under Rule 23. Secretary of Labor v. Fitzsimmons, 805 F.2d 682, 697 (7th Cir.1986); Riordan v. Smith Barney, 113 F.R.D. 60, 62 (N.D.Ill.1986). It is well settled that in deciding whether to certify a class, the Court cannot consider the merits of the underlying action, (Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 177, 94 S.Ct. 2140, 2152, 40 L.Ed.2d 732 (1974); Eggleston v. Chicago Journeymen Plumbers, 657 F.2d 890, 895 (7th Cir.1981)), and that the party seeking class certification bears the burden of establishing that certification is proper, (Trotter v. Klincar, 748 F.2d 1177, 1184 (7th Cir.1984)), under Rules 23(a) and (b).

In this case, therefore, the plaintiffs must demonstrate that all of the requirements of Rule 23(a) and (b)(2) are satisfied.

A. Rule 23(a)

Subsection (a) of Rule 23 provides that: One or more members of a class may sue or be sued as representative parties on [397]*397behalf of all only if (1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.

Rule 23(a), in addition to its four express requirements, contains two implicit conditions which must be met: first, an identifiable class must exist; and second, the named representatives must be members of the class. Edmondson v. Simon, 86 F.R.D. 375, 379 (N.D.Ill.1980); Helfand v. Cenco, Inc., 80 F.R.D. 1, 6 (N.D.Ill.1977); see also Miller, An Overview of Federal Class Actions: Past, Present and Future, 13, 15-18 (1977) [hereinafter Miller ]. The Court accordingly will address the six requirements of Rule 23(a) seriatim.

1. The existence of an identifiable class

Before a class can be certified, the . party seeking certification must show that an identifiable class exists. An identifiable class exists if its members can be ascertained by reference to objective criteria. Alliance to End Repression v. Rockford, 565 F.2d 975, 977 (7th Cir.1977). A class description is insufficient, however, if membership is contingent oh the prospective member’s state of mind. Simer v. Rios, 661 F.2d 655, 668-69 (7th Cir.1981); Illinois Migrant Council v. Pilliod, 540 F.2d 1062, 1072 (7th Cir.1976), modified in part on rehearing en banc, 548 F.2d 715 (7th Cir.1977).

In this case, the plaintiffs seek to certify the following class:

All Spanish-speaking children who have been, are, or will be enrolled in Illinois public schools, and who have been, should have been, or should be assessed as limited English-proficient.

Complaint, par. 8.

We believe that this class description is flawed because it includes LEP children who are no longer eligible to attend Illinois public schools.1 We also find, however, that this flaw is not fatal to the plaintiffs’ motion.

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Bluebook (online)
117 F.R.D. 394, 42 Educ. L. Rep. 1211, 1987 U.S. Dist. LEXIS 7838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gomez-v-illinois-state-board-of-education-ilnd-1987.