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

Filing 130

MOTION to Seal Response to SFFA's Jan. 27, 2016 Letter by President and Fellows of Harvard College.(Ellsworth, Felicia)

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

Civil Action No. 1:14-cv-14176-ADB

Defendant.

DEFENDANT’S MOTION TO FILE UNDER SEAL
RESPONSE TO SFFA’S JAN. 27, 2016 LETTER
Pursuant to Local Rule 7.2 and the Stipulated Protective Order (ECF No. 55), Defendant
President and Fellows of Harvard College (“Harvard”) hereby moves this Honorable Court for an
order sealing Harvard’s letter in opposition to the letter filed by Plaintiff Students for Fair
Admissions, Inc. (“SFFA”) on January 27, 2016 (ECF No. 118). Harvard’s opposition specifically
describes information that Harvard has produced in this litigation and designated as Confidential
and Highly Confidential – Attorneys’ Eyes Only pursuant to the Stipulated Protective Order (ECF
No. 53). The opposition also responds to portions of SFFA’s January 27, 2016 letter that have
already been filed under seal.
Harvard is delivering unredacted courtesy copies of all of these materials to the Court in a
sealed envelope. Harvard requests that the documents subject to this Motion be impounded until
further order of the Court. In the event this Court has not previously ordered otherwise, Harvard’s
submission should be returned to its undersigned counsel upon resolution of this matter. Pursuant

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to Local Rule 7.1(a)(2), Harvard conferred with SFFA in a good faith effort to resolve or narrow
the issues involved in this motion. SFFA was made aware of this motion before filing.
WHEREFORE, Harvard respectfully requests that the Court grant this motion and allow
Harvard’s opposition to SFFA’s January 27, 2016 letter to be filed under seal and to be viewed
only by the Judge, her clerk(s), and Court personnel in conjunction with Harvard’s motion to stay.
Respectfully submitted,

/s/ Felicia H. Ellsworth
Seth P. Waxman (pro hac vice)
Paul R.Q. Wolfson (pro hac vice)
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Ave. NW
Washington, D.C. 20006
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Debo P. Adegbile (pro hac vice)
WILMER CUTLER PICKERING
HALE AND DORR LLP
7 World Trade Center
250 Greenwich Street
New York, NY 10007
Tel: [phone]
Fax: [phone]
[e-mail]
Felicia H. Ellsworth (BBO #665232)
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Tel: [phone]
Fax: [phone]
[e-mail]
Dated: February 5, 2016

Counsel for Defendant President and
Fellows of Harvard College
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CERTIFICATE OF CONFERENCE
In accordance with Local Rule 7.1(a), I hereby certify that Harvard has conferred with
Students for Fair Admissions’ counsel in a good faith attempt to resolve or narrow the issues
involved in this motion.

/s/ Felicia H. Ellsworth
Felicia H. Ellsworth

CERTIFICATE OF SERVICE
I hereby certify that this document filed through the CM/ECF system will be sent
electronically to all counsel of record via the CM/ECF system. The attachments to this motion
were delivered to the Court in a sealed envelope.

/s/ Felicia H. Ellsworth
Felicia H. Ellsworth

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EXHIBIT 1
Attachment To Be Filed Pending
Proposed Motion to File Under Seal