IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN

_____________________________________ BARBARA GRUTTER for herself and all others similarly situated,              Plaintiff,       v. LEE BOLLINGER, JEFFREY LEHMAN, DENNIS SHEILDS, REGENTS OF THE UNIVERSITY OF MICHIGAN, and THE UNIVERSITY OF MICHIGAN LAW SCHOOL              Defendants. _____________________________________

) ) ) ) ) )     Civil Action # 97-75928 )     Hon. Bernard Friedman )     Hon. Virginia Morgan ) )     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 University of Michigan Law School for the academic years since (and including) 1995 until the time that judgment is entered herein; 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 Law School.

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 July 17, 1998 the undersigned conferred with counsel for defendants and requested concurrence in this motion, but such concurrence was not obtained.

Dated:  7/30/98

MASLON EDELMAN BORMAN & BRAND, LLP ____________________________ 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 & KOBILIAK, 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 PLAINTIFF