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

Filing 209

Assented to MOTION to Seal SFFA's Unredacted Letter to J. Burroughs and accompanying documents 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,
v.

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

PRESIDENT AND FELLOWS OF HARVARD
COLLEGE (HARVARD CORPORATION),
Defendant.
PLAINTIFF’S UNOPPOSED MOTION TO FILE UNDER SEAL PLAINTIFF’S
UNREDACTED LETTER REGARDING DISCOVERY DISPUTE
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 assented-to motion
seeking an order to file under seal a letter from SFFA to the Court which seeks to resolve a
dispute concerning Defendant’s confidentiality designations for documents produced in this
matter to date (the “Letter”). Included with the Letter are an appendix and copies of the
underlying documents, which SFFA also seeks to file under seal. This Letter, its appendix and
the underlying documents contain information that that has been designated by Defendant as
Confidential and/or Highly Confidential – Attorneys’ Eyes Only pursuant to the Stipulated
Protected Order. Pursuant to Local Rule 7.1(a)(2), Defendant was made aware of this motion
and assents to it.
SFFA is delivering to the Court an unredacted courtesy copy of the Letter, its appendix
and the underlying documents in two binders (along with a CD containing the same). SFFA
requests that the unredacted documents subject to this motion be impounded until further order
of the Court.

1

WHEREFORE, SFFA respectfully requests that the Court grant this motion and allow the
Letter, its appendix and underlying documents to be filed under seal 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

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: November 1, 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.

2

CERTIFICATE OF CONFERENCE
In accordance with Local Rules 7.1(a), I hereby certify that Defendant’s counsel was
made aware of this motion before it was filed and assents to the relief requested therein.

/s/ Benjamin C. Caldwell

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/ Benjamin C. Caldwell

4814-8970-0923.1

3