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

Filing 119

MOTION to Seal Document (SFFA's Letter to Judge Burroughs) by Students for Fair Admissions, Inc..(Caldwell, Benjamin)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
STUDENTS FOR FAIR ADMISSIONS,
INC.,
Plaintiff,
Civil Action No. 1:14-cv-14176-ADB

v.
PRESIDENT AND FELLOWS OF
HARVARD COLLEGE (HARVARD
CORPORATION),
Defendant.

***The attached envelope contains a letter
subject to a Protective Order of this Court and
cannot be opened or its contents made available
to anyone other than counsel of record for the
parties or Court personnel.***

PLAINTIFF’S MOTION TO IMPOUND
Pursuant to Local Rule 7.2 and this matter’s Stipulated Protective Order (Dkt. No. 55),
Plaintiff, Students for Fair Admissions, Inc. (“SFFA”), hereby brings this motion to give this
Honorable Court the option to impound the enclosed unredacted letter from Plaintiff’s counsel to
Judge Burroughs dated January 27, 2016 (the “Letter”). The Letter contains the identity of
database fields and other information which have been designated by Defendant, the President
and Fellows of Harvard College (“Harvard”) as “protected material” under the Stipulated
Protective Order. This motion is brought in reaction to Harvard’s designations. A redacted
version of the Letter has been publicly filed in which discussion and references to the designated
“protected material” that has not previously been disclosed by Harvard were redacted.
WHEREFORE, SFFA respectfully submits this motion which gives the Court the option
to allow the unredacted version of the Letter to be impounded and to be viewed only by the
Judge, her clerk(s) and Court personnel.

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Respectfully submitted,
By: /s/ Patrick Strawbridge
Patrick Strawbridge

Paul M. Sanford BBO #566318
Benjamin C. Caldwell BBO #675061
BURNS & LEVINSON LLP
One Citizens Plaza, Suite 1100
Providence, RI 02903
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Dated: January 27, 2016

William S. Consovoy
Thomas R. McCarthy
Michael H. Park
J. Michael Connolly
CONSOVOY MCCARTHY PARK PLLC
3033 Wilson Boulevard, Suite 700
Arlington, Virginia 22201
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Patrick Strawbridge BBO #678274
CONSOVOY MCCARTHY PARK PLLC
Ten Post Office Square
8th Floor South PMB #706
Boston, MA 02109
Tel: [phone]
[e-mail]
Counsel for Plaintiff Students for Fair
Admissions, Inc.

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CERTIFICATE OF CONFERENCE
In accordance with Local Rules 7.1(a), I hereby certify that this motion is brought in
reaction to Harvard’s designation of certain database fields and other information as “protected
material” under the Stipulated Protected Order. The issues presented in the Letter encompass
areas of dispute which the parties have previously briefed or which they have reached an impasse
after conferring as required by L.R. 7.1(a)(2).

/s/ Patrick Strawbridge
Patrick Strawbridge

CERTIFICATE OF SERVICE
In accordance with Local Rule 5.2(b), I hereby certify that this document was filed
through the Court’s ECF system on January 27, 2016 and will be sent electronically to the
registered participants identified on the Notice of Electronic Filing. The attachment to this
motion was delivered to the Court in a sealed envelope.
/s/ Benjamin C. Caldwell
Benjamin C. Caldwell

4834-3739-8829.1

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