[Response and brief in opposition to plaintiffs' motion for class certification] Page: 1 of 34
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I .:S. DS PkT RT
C k*RN TRICT F TEXAS
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS SEP :, j83
4ANCY DOHSRTY, CLERK
DALLAS GAY ALLIANCE, INC. ,et al Deputy
v. Civil Action
DALLAS COUNTY HOSPITAL DIST., et al
RESPONSE AND BRIEF IN OPPOSITION TO PLAINTIFFS'
MOTION FOR CLASS CERTIFICATION
I. PLAINTIFFS DO NOT MEET THE RULE 23 PREREQUISITES FOR A CLASS
Plaintiffs ask the Court to designate them as representatives,
and therefore fiduciaries, of a class described as:
"All past, present and future indigent persons residing in the
Dallas County Hospital District who are infected with [HIV]
and/or who have been diagnosed with [AIDS] and/or who have been
diagnosed with [ARC] and who have sought, presently are seeking
or might in the future seek medical care at Parkland Memorial
Hospital," (Plfs.Motion for Class Cert., p.1).
Plaintiffs must satisfy the threshold requireme-its of Rule 23(a);
the first two apply to the entire class:
a) the class is so numerous that joinder of all members is
b) there are questions of law or fact common to the class.
Plaintiffs' "class" description no doubt encompasses thousands of
people, and obviously all of them would have at least two things
in common indigency and infection with HIV.
The Rule next requires:
c) the claims or defenses of the representative parties are
typical of the claims or defenses of the class; and,
d) the representative parties will fairly and adequately
protect the interest of the class.
Plaintiffs fail here. Reasons follow.
II. THE DGA CONTROLS THIS LITIGATION.
The DGA planned in February of this year to hire a lawyer and
solicit plaintiffs to file this suit -
Here’s what’s next.
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[Response and brief in opposition to plaintiffs' motion for class certification], text, September 26, 1988; (https://digital.library.unt.edu/ark:/67531/metadc915710/m1/1/: accessed April 25, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Special Collections.