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

Filing 219

DECLARATION re Reply Memorandum in Support of Motion to Dismiss by President and Fellows of Harvard College. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Ellsworth, Felicia) (Additional attachment(s) added on 11/8/2016: # 6 Exhibit A (sealed)) (Montes, Mariliz).

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),

Motion to File Exhibit Under Seal
Granted November 3, 2016
[Dkt. 217]

Defendant.

DECLARATION OF FELICIA H. ELLSWORTH
I, Felicia H. Ellsworth, hereby state under oath:
1.

I am a member in good standing of the bar of the Commonwealth of

Massachusetts and this Court, and am a partner at Wilmer Cutler Pickering Hale and Dorr LLP.
I am one of the counsel representing Defendant President and Fellows of Harvard College
(Harvard Corporation) (“Harvard”) in the above-captioned matter. I submit this declaration in
support of Harvard’s Reply Memorandum in Support of its Motion to Dismiss for Lack of
Subject Matter Jurisdiction.
2.

Attached hereto as Exhibit A is a true and accurate copy of excerpts of the

Deposition of Edward J. Blum as Rule 30(b)(6) Designee of Students for Fair Admissions, Inc.
(“SFFA”), dated July 12, 2016, and filed under seal. This document supplements the excerpts
attached to my September 23, 2016 Declaration (Dkt. 188).
3.

Attached hereto as Exhibit B is a true and accurate copy of the Articles of

Incorporation of Students for Fair Admissions, Inc., dated July 29, 2014.

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4.

Attached hereto as Exhibit C is a true and accurate copy of excerpts of the

NAACP’s Annual Report for 2015, accessed November 1, 2016.
5.

Attached hereto as Exhibit D is a true and accurate copy of the Sierra Club’s

Mail-In Membership Form, accessed November 1, 2016.
6.

Attached hereto as Exhibit E is a true and accurate copy of the NAACP’s mail-in

membership form, titled “Join the Fight for Freedom,” accessed November 1, 2016.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on this day, November 4, 2016.

/s/ Felicia H. Ellsworth
Felicia H. Ellsworth (BBO #665232)
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Defendant President and
Fellows of Harvard College

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/ Felicia H. Ellsworth
Felicia H. Ellsworth

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