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

Filing 106

DECLARATION re 105 Opposition to Motion for Protective Order by Students for Fair Admissions, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Strawbridge, Patrick)

Exhibit
 3

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CASE NO. 1:14-CV-954
STUDENTS FOR FAIR ADMISSIONS,
INC.,
Plaintiffs,
v.
THE UNIVERSITY OF NORTH
CAROLINA AT CHAPEL HILL, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

JOINT MOTION FOR PARTIAL
STAY OF PROCEEDINGS

Defendants the University of North Carolina at Chapel Hill, et al. (“Defendants”)
previously filed a motion for stay of proceedings pending a decision by the Supreme
Court in Fisher v. Univ. of Texas at Austin, No. 14-981 (“Fisher II”) (Dkt. 46, 47).
Plaintiff Students for Fair Admissions, Inc. previously opposed that motion and continues
to do so (Dkt. 52). Notwithstanding the parties’ disagreement, Plaintiff and Defendants
have agreed to a partial stay of the proceedings pending the resolution of Fisher II on the
condition that Defendants make production of certain agreed-upon materials.
Accordingly, the parties jointly respectfully move that the Court enter an order partially
staying this action pending a decision by the Supreme Court in Fisher II.
The Court has discretionary authority to stay proceedings “incidental to the power
inherent in every court to control the disposition of the causes on its docket with
economy of time and effort for itself, for counsel, and for litigants.” Landis v. North Am.

Case 1:14-cv-00954-LCB-JLW Document 64 Filed 09/30/15 Page 1 of 4

Co., 299 U.S. 248, 254 (1936). On July 6, 2015, Defendants moved to stay all
proceedings pending a decision by the Supreme Court in Fisher II. (Dkt. 46.) Although
Plaintiff initially opposed that motion and continue to do so, the parties have negotiated a
resolution that would permit certain factual discovery while awaiting the Supreme
Court’s decision in Fisher II. The parties believe that this resolution would preserve their
resources and promote judicial efficiency and economy.
The parties have agreed that, by December 31, 2015, Defendants will produce (i)
the factual materials covered in the parties’ Stipulation entered as an Order of the Court
on September 8, 2015 (Dkt. 62) and (ii) certain additional policy documents from the
2013-2014 and 2014-2015 admissions cycles that are partially responsive to Plaintiff’s
discovery requests. With the exception of any action taken to enforce this agreement, the
parties respectfully request that all other proceedings in this case, including discovery, be
stayed pending the Supreme Court’s decision in Fisher II. Should the Court grant this
motion, Defendants will withdraw their Motion to Stay Proceedings (Dkt. 46).
A proposed Order is attached.

2

Case 1:14-cv-00954-LCB-JLW Document 64 Filed 09/30/15 Page 2 of 4

Respectfully submitted this 30th day of September, 2015.
ROY COOPER
Attorney General

/s/ Thomas R. McCarthy
Thomas R. McCarthy
Consovoy McCarthy PLLC
3033 Wilson Boulevard, Suite 700
Arlington, Virginia 22201
[phone]
E: [e-mail]

/s/ Stephanie Brennan
Stephanie Brennan
Special Deputy Attorney General
NC State Bar No. 35955
E: [e-mail]

/s/ William S. Consovoy
William S. Consovoy
Consovoy McCarthy PLLC
3033 Wilson Boulevard, Suite 700
Arlington, Virginia 22201
[phone]
E: [e-mail]

/s/ Matthew Tulchin
Matthew Tulchin
Assistant Attorney General
NC State Bar No. 43921
E: [e-mail]
NC Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
T: [phone]

/s/ J. Michael Connolly
J. Michael Connolly
Consovoy McCarthy PLLC
/s/ Michael Scudder
3033 Wilson Boulevard, Suite 700
Michael Scudder
Arlington, Virginia 22201
Skadden, Arps, Slate, Meagher & Flom LLP [phone]
155 North Wacker Driver
E: [e-mail]
Chicago, IL 60606-1720
[phone]
/s/ Alan M. Ruley
E: [e-mail]
NC State Bar No. 16407
Bell, Davis & Pitt, P.A.
/s/ Lisa Gilford
P.O. Box 21029
Lisa Gilford
Winston Salem, NC 27120-1029
Skadden, Arps, Slate, Meagher & Flom LLP [phone]
300 South Grand Ave.
E: [e-mail]
Suite 3400
Los Angeles, CA 90071
Attorneys for Plaintiff
[phone]
E: [e-mail]
Attorneys for Defendants

3

Case 1:14-cv-00954-LCB-JLW Document 64 Filed 09/30/15 Page 3 of 4

CERTIFICATE OF SERVICE
I hereby certify that on September 30, 2015, I filed a true and correct copy of the
foregoing JOINT MOTION TO STAY PROCEEDINGS with the Clerk of Court using
the CM/ECF system.

This 30th day of September, 2015.
/s/ Michael Scudder
Michael Scudder
Skadden, Arps, Slate, Meagher &
Flom LLP
155 North Wacker Driver
Chicago, IL 60606-1720
[phone]
E: [e-mail]

4

Case 1:14-cv-00954-LCB-JLW Document 64 Filed 09/30/15 Page 4 of 4