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

Filing 213

MOTION to Seal Document Reply Memorandum and Exhibit in Support of 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
REPLY MEMORANDUM AND SUPPORTING EXHIBIT
IN SUPPORT OF ITS 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) Exhibit A to the Declaration of Felicia H. Ellsworth in Support of Harvard’s Reply
Memorandum in Support of its Motion to Dismiss for Lack of Jurisdiction (“Ellsworth
Declaration”); and (2) the Reply Memorandum in Support of Defendant’s Motion to Dismiss for
Lack of Jurisdiction (“Reply”). Exhibit A to the Ellsworth Declaration contains excerpts from a
document 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),
in part because it discloses the identities of individuals on whose behalf SFFA asserts standing.
The Reply 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 Reply, and Exhibit A 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]
[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]
[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: November 3, 2016

Counsel for Defendant President and
Fellows of Harvard College

2

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 before it was filed and assents to
Harvard’s request to file the Reply and Exhibit A 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

3