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
 4

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.

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JOINT STIPULATION AND
MOTION TO AMEND
PROTECTIVE ORDER

JOINT STIPULATION AND MOTION TO AMEND PROTECTIVE ORDER
Plaintiff Students for Fair Admissions, Inc. and Defendants The University of
North Carolina at Chapel Hill, et al. respectfully request that the Court enter this
Stipulation and modify the existing Protective Order.
Plaintiff’s First Request for the Production of Documents seeks production of a
preliminary sample of undergraduate application files for applicants seeking admission to
The University of North Carolina at Chapel Hill as well as related applicant information
stored in electronic databases. The parties have met and conferred regarding this topic
and stipulate and agree as follows:
1. The parties agree that this Stipulation should be entered as an Order of the
Court.

Case 1:14-cv-00954-LCB-JLW Document 59 Filed 08/28/15 Page 1 of 5

2. Defendants will produce redacted versions of 625 application files from
two admissions cycles (for a total of 1,250 files).1
3. Defendants will also produce certain redacted data from electronic
databases for the same admissions cycles. The parties have also agreed that
the Protective Order should be modified to provide additional protection
that will enable Defendants to produce these materials, which are necessary
to this litigation.
4. In producing these materials pursuant to the Protective Order, Defendants
represent that their production of the application files and certain data from
electronic databases also will comply with the requirements of the Family
Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and its
implementing regulations, 34 C.F.R. pt. 99 and North Carolina General
Statutes § 132-1.1(f).
Accordingly, the parties jointly respectfully request that the Court enter the
proposed Amended Protective Order, attached hereto as Exhibit 1.

1

Notwithstanding this agreement, Plaintiff reserves all rights to request additional application
files. Defendants reserve all rights to oppose any such request and to object to the
characterization of 625 application files from two admissions cycles as a “preliminary”
sample.

2

Case 1:14-cv-00954-LCB-JLW Document 59 Filed 08/28/15 Page 2 of 5

Respectfully submitted this 28th day of August, 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
3033 Wilson Boulevard, Suite 700
Arlington, Virginia 22201
[phone]
E: [e-mail]

/s/ Michael Scudder
Michael Scudder
Skadden, Arps, Slate, Meagher & Flom
LLP
155 North Wacker Driver
Chicago, IL 60606-1720
[phone]
E: [e-mail]

/s/ Alan M. Ruley
NC State Bar No. 16407
Bell, Davis & Pitt, P.A.
P.O. Box 21029
Winston Salem, NC 27120-1029
[phone]
E: [e-mail]

/s/ Lisa Gilford
Lisa Gilford
Skadden, Arps, Slate, Meagher & Flom
LLP
300 South Grand Ave.
Suite 3400
Los Angeles, CA 90071
[phone]
E: [e-mail]

Attorneys for Plaintiff

Attorneys for Defendants

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Case 1:14-cv-00954-LCB-JLW Document 59 Filed 08/28/15 Page 3 of 5

This matter having come before the Court upon the Stipulation of the parties
hereto and the Court having reviewed the Stipulation of the parties and being fully
advised;
It is hereby Ordered that the terms of the Stipulation of the Parties set forth
above is hereby entered as an Order of this Court on this ___ day of _____________,
2015.

___________________________
Judge

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Case 1:14-cv-00954-LCB-JLW Document 59 Filed 08/28/15 Page 4 of 5

CERTIFICATE OF SERVICE
I hereby certify that on August 28, 2015, I filed a true and correct copy of the
foregoing JOINT STIPULATION AND MOTION TO AMEND PROTECTIVE ORDER
with the Clerk of Court using the CM/ECF system.

This 28th day of August, 2015
/s/ Michael Scudder
Michael Scudder
Skadden, Arps, Slate, Meagher &
Flom LLP
155 North Wacker Driver
Chicago, IL 60606-1720
[phone]
E: [e-mail]

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