IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
_________________________________
JENNIFER GRATZ AND
PATRICK HAMACHER,

for themselves and all others
similarly situated,

Plaintiffs

v.

LEE BOLLINGER, JAMES J
DUDERSTADT, THE UNIVERSITY
OF MICHIGAN, and THE UNIVERSITY
OF MICHIGAN COLLEGE OF
LITERATURE, ARTS, AND SCIENCE,

        Defendants
_________________________________
)
)
)
)    Civil Action No. 97-75231
)          Hon. Patrick J. Duggan
)          Hon. Thomas A. Carlson
)
)
)   PLAINTIFFS MOTION FOR CLASS
)   CERTIFICATION AND FOR
)   BIFURCATION OF LIABILITY AND
)   DAMAGES TRIALS
)
)
)      CLASS ACTION
)
)
)
Plaintiffs, by and through counsel, hereby respectfully move this Court for an order as follows:

1.  Certifying as a class action pursuant to FED. R. CIV. P. 23(c)(1) on behalf of a class (the "Class") consisting of all persons who:

(A)  applied for and were not granted admission to the College of Literature, Science & the Arts ("LSA") or who intend in the future to apply for admission into the LSA for all academic years from 1995 forward; and

(B)  were members of those racial or ethnic groups, including Caucasian, that Defendants treated less favorably in considering their applications for admission to the University of Michigan.

Plaintiffs seek to maintain this class pursuant to FED. R. CIV. P. 23(b)(1) & (2) for the purpose of determining whether Defendants engaged in unlawful discrimination; whether they should be enjoined from engaging in such discrimination in the future; and for an award of punitive damages.

2.  Bifurcating trial of the liability and damages portions of the trial, pursuant to Federal Rule of Civil Procedure 42(b), so that liability will be tried first, to be followed by trials for punitive and individual compensatory damages.

In support of this motion, Plaintiffs submit the accompanying memorandum of law and affadavits.

One October 9, 1998 the undersigned Counsel sought and was unable to obtain concurrence of counsel for defendants in this motion.

Dated:    10/9/98    MASLON EDELMAN BORMAN & BRAND, LLP


By _________________________________
David F. Herr, #44441
Kirk O. Kolbo, #151129
3300 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402
612/672-8200

Kerry L. Morgan
PENTIUK, COUVREUR & KOBILJAK, P.C.
Suite 230, Superior Place
20300 Superior Street
Taylor, MI 48180-6303
734/374-8930

Michael E. Rosman
Michael P. McDonald
Hans F. Bader
CENTER FOR INDIVIDUAL RIGHTS
1233 20th Street, NW
Suite 300
Washington, D.C. 20036
202/833-8400

ATTORNEYS FOR PLAINTIFFS

Gratz briefs – Table of Contents