Students for Fair Admissions, Inc. v. President and Fellows of Harvard College et al

Filing 102

Letter/request (non-motion) from SFFA Requesting Telephonic Conference . (Strawbridge, Patrick)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
BOSTON DIVISION
STUDENTS FOR FAIR ADMISSIONS, INC.
Plaintiff,
v.
PRESIDENT AND FELLOWS OF HARVARD
COLLEGE (HARVARD CORPORATION)
Defendant.

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Civil Action No: 1:14-cv-14176

PLAINTIFF’S REQUEST FOR TELEPHONIC CONFERENCE
Pursuant to Local Rule 37.1, Plaintiff Students for Fair Admissions, Inc. (“SFFA”),
hereby requests this Honorable Court for a telephonic conference at the Court’s earliest
convenience to address a discovery dispute that has arisen regarding the propriety of Defendant’s
refusing to exchange any documents before any ruling on its pending motion for stay (Dkt # 58),
filed eight weeks ago. This request is made pursuant to prior statements from the Court
encouraging the parties to contact the Court by telephone to settle basic discovery matters
without resort to formal motion practice.
Plaintiff contends that Defendant cannot effectively grant itself a stay, and that having
failed to request a temporary stay pending the disposition of its motion, Defendant is obligated to
make a good-faith effort to produce documents in the normal course. Defendant denies that it
has any obligation to produce documents while its motion is pending, and that SFFA is required
to file a motion to compel production to obtain any of the documents that Harvard previously
indicated it would produce in this matter. Counsel for the parties have met and conferred on this
issue and are at an impasse. Defendant’s counsel has further indicated it believes a telephonic

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conference is unnecessary. Plaintiff’s counsel is available for a telephonic conference at any time
this week or next.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court schedule a
telephonic conference at its earliest convenience.

Respectfully submitted,
STUDENTS FOR FAIR ADMISSIONS, INC.
By its attorneys,
Date: September 1, 2015

s/Patrick Strawbridge_______________
Patrick Strawbridge BBO #678274
CONSOVOY McCARTHY PARK PLLC
Ten Post Office Square
8th Floor South PMB #706
Boston, MA 02109
Tel: [phone]
[e-mail]
William S. Consovoy
Thomas R. McCarthy
J. Michael Connolly
CONSOVOY McCARTHY PARK PLLC
3033 Wilson Boulevard
Suite 700
Arlington, Virginia 22201
[phone]
[e-mail]
[e-mail]
[e-mail]
(admitted pro hac vice)
Paul M. Sanford BBO #566318
Benjamin C. Caldwell BBO #675061
BURNS & LEVINSON LLP
125 Summer Street
Boston, MA 02110
[phone]
[e-mail]
[e-mail]
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CETIFICATE OF CONFERENCE
Pursuant to Local Rule 7.1(a)(2), counsel for Plaintiff conferred with counsel for
Defendant, and the parties’ positions from that conference are set forth above.
s/ Patrick Strawbridge________________

CERTIFICATE OF SERVICE
I hereby certify that this document filed through the ECF system will be sent
electronically to the registered participants as identified on the Notice of Electronic Filing (NEF).
_ s/ Patrick Strawbridge________________

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