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

Filing 212

MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss 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
TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION
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 to Dismiss for Lack of Subject Matter Jurisdiction (Dkt. 187). 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. 204), Plaintiff
Students for Fair Admissions, Inc. (“SFFA”) makes several assertions that require a response.
Among other things, SFFA mischaracterizes the law regarding the applicability of the indicia-ofmembership standard set forth in Hunt v. Washington State Apple Advertising Commission, 432
U.S. 333 (1977), and then improperly applies that standard to the facts of this case.
WHEREFORE, Harvard respectfully requests that the Court grant its motion for leave to
file a reply in support of its Motion to Dismiss for Lack of Subject Matter Jurisdiction.

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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