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

Filing 183

Assented to MOTION to Seal Memorandum and Supporting Materials in Support of Defendant's Motion to Dismiss 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 ASSENTED-TO MOTION TO FILE UNDER SEAL
MEMORANDUM OF LAW AND SUPPORTING MATERIALS
IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS
Pursuant to Local Rule 7.2 and the Stipulated Protective Order (Dkt. 55), Defendant
President and Fellows of Harvard College (“Harvard”) hereby moves this Court for an order
sealing (1) certain exhibits to the Declaration of Felicia H. Ellsworth in Support of Harvard’s
Motion to Dismiss for Lack of Jurisdiction (“Ellsworth Declaration”); and (2) the Memorandum of
Law in Support of Harvard’s Motion to Dismiss for Lack of Jurisdiction (“Memorandum”). These
exhibits to the Ellsworth Declaration include documents that Students for Fair Admissions, Inc.
(“SFFA”) has designated as Confidential and Highly Confidential – Attorneys’ Eyes Only
pursuant to the Stipulated Protective Order (Dkt. 55), including documents that disclose the
identities of individuals on whose behalf SFFA asserts standing. The Memorandum also refers to
information that SFFA has designated as Confidential and Highly Confidential – Attorneys’ Eyes
Only. Pursuant to Local Rule 7.1(a)(2), SFFA was made aware of this motion and assents to it.
WHEREFORE, Harvard respectfully requests that the Court grant this motion and allow
the Memorandum, and certain exhibits to the Ellsworth Declaration, 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 Dismiss.
Respectfully submitted,

/s/ Felicia H. Ellsworth
Felicia H. Ellsworth (BBO #665232)
William F. Lee (BBO #291960)
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Tel: [phone]
Fax: [phone]
[e-mail]
Seth P. Waxman (pro hac vice)
Paul R.Q. Wolfson (pro hac vice)
Daniel Winik (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]
Dated: September 22, 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)(2), I hereby certify that Students for Fair
Admissions’ counsel was made aware of this motion by phone and email before it was filed and
assents to Harvard’s request to file the Memorandum and certain exhibits to the Ellsworth
Declaration under seal.

/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.

/s/ Felicia H. Ellsworth
Felicia H. Ellsworth

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