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

Filing 159

MOTION to Seal Document (SFFA's letter to Judge Burroughs dated 7.8.16) by Students for Fair Admissions, Inc..(Caldwell, Benjamin)

Case 1:14-cv-14176-ADB Document 159 Filed 07/08/16 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
STUDENTS FOR FAIR ADMISSIONS, INC.,
Plaintiff,
v.

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

PRESIDENT AND FELLOWS OF HARVARD
COLLEGE (HARVARD CORPORATION),
Defendant.
PLAINTIFF’S MOTION TO IMPOUND
JULY 8, 2016 LETTER
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 SFFA’s July 8, 2016 letter to Judge Burroughs (“Letter”)
which responds to the Supreme Court’s decision in Fisher v. University of Texas at Austin, --- S.
Ct. ---, No. 14-981 (June 23, 2016) and addresses the scope of discovery going forward in this
matter.

The Letter contains two appendices and three exhibits.

The Letter and its two

appendices contain information that has been designated by Harvard as “protected material”
under the Stipulated Protective Order.

This motion is brought in reaction to Harvard’s

designations. SFFA will be hand-delivering an unredacted courtesy copy of the Letter, along
with its appendices and exhibits, to Judge Burroughs in a sealed envelope. If the Court so orders,
SFFA will file redacted versions of the Letter and appendices (along with unredacted versions of
the exhibits) publicly on the Court’s electronic document filing system.

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Case 1:14-cv-14176-ADB Document 159 Filed 07/08/16 Page 2 of 3

WHEREFORE, SFFA respectfully submits this motion, which gives the Court the option
to allow the Letter and its attachments to be impounded until further order of the Court and to be
viewed only by the Judge, her clerk(s), and Court personnel.

Respectfully submitted,
By: /s/ Benjamin C. Caldwell
Benjamin C. Caldwell

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: July 8, 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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Case 1:14-cv-14176-ADB Document 159 Filed 07/08/16 Page 3 of 3

CERTIFICATE OF CONFERENCE
In accordance with Local Rules 7.1(a), I hereby certify that counsel for all parties has
conferred in a good faith attempt to resolve or narrow the issues involved in this motion.

/s/ Benjamin C. Caldwell
Benjamin C. Caldwell

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 July 8, 2016 and will be sent electronically to the registered
participants identified on the Notice of Electronic Filing. A courtesy copy of the unredacted
Letter referenced herein is being hand-delivered to the Court; a copy is also being provided to
opposing counsel.
/s/ Benjamin C. Caldwell
Benjamin C. Caldwell

4835-9326-1364.1

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