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

Filing 211

MOTION for Leave to File Reply Memorandum in Support of Motion for Judgment on the Pleadings by President and Fellows of Harvard College.(Waxman, Seth)

UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF MASSACHUSETTS
BOSTON DIVISION
STUDENTS FOR FAIR ADMISSIONS, INC.,
Plaintiff,

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

v.
PRESIDENT AND FELLOWS OF HARVARD
COLLEGE (HARVARD CORPORATION),
Defendant.
DEFENDANT’S ASSENTED-TO MOTION FOR LEAVE TO FILE
A REPLY MEMORANDUM IN SUPPORT OF ITS MOTION FOR
JUDGMENT ON THE PLEADINGS ON COUNTS IV AND VI
Pursuant to Local Rule 7.1(b)(3), Defendant President and Fellows of Harvard College
(“Harvard”) respectfully seeks leave of the Court to submit a reply memorandum in support of
its Motion for Judgment on the Pleadings on Counts IV and VI (Dkt. 185). Pursuant to Local
Rule 7.1(a)(2), SFFA has stipulated that it assents to this motion. See Dkt. 196.
A reply memorandum is warranted because in its Opposition (Dkt. 202), Plaintiff
Students for Fair Admissions, Inc. (“SFFA”) makes several assertions of law that require a
response. First, SFFA mischaracterizes the law regarding the Court’s ability to grant a motion
for judgment on the pleadings directed to certain counts of the complaint. Second, SFFA
mischaracterizes the relevant Supreme Court opinions as they relate to its claims in Count IV.
Third, in its effort to avoid judgment on Count VI, SFFA makes wide-ranging new arguments
regarding the scope of injunctive relief that it seeks and the discovery to which it is allegedly
entitled.
WHEREFORE, Harvard respectfully requests that the Court grant its motion for leave to
file a reply in support of its Motion for Judgment on the Pleadings on Counts IV and VI.

Respectfully submitted,
/s/ Seth P. Waxman
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]
[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]
William F. Lee (BBO #291960)
Felicia H. Ellsworth (BBO #665232)
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Dated: November 3, 2016

Counsel for Defendant President and
Fellows of Harvard College

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LOCAL RULE 7.1 CERTIFICATION
Counsel for Harvard hereby certifies that SFFA assented to this motion by stipulation.
See Dkt. 196.
/s/ Seth P. Waxman
Seth P. Waxman
CERTIFICATE OF SERVICE
I hereby certify that this document filed through the CM/ECF system will be sent
electronically to the registered participants as identified on the Notice of Electronic Filing.
/s/ Seth P. Waxman
Seth P. Waxman

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