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

Filing 222

Assented to MOTION to Seal SFFA's Motions to Compel 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 ASSENTED-TO MOTION TO FILE UNDER SEAL
PLAINTIFF’S MOTIONS TO COMPEL
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 two motions to compel. SFFA’s first motion to compel seeks
the production of applicant summary sheets and reviewer comments from Defendant’s
Admissions Office that relate to race. SFFA’s second motion to compel seeks the production of
applicant zip codes for purposes of the race-neutral alternative analysis being conducted by
SFFA’s expert. Both of these motions contain substantial information that has been designated
by Defendant as Confidential and/or Highly Confidential – Attorneys’ Eyes Only pursuant to the
Stipulated Protected Order. To comply with Defendant’s designations, SFFA requests an order
that allows these two motions and all accompanying exhibits to be filed under seal in their
entirety. Pursuant to Local Rule 7.1(a)(2), Defendant was made aware of this motion and assents
to it.

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WHEREFORE, SFFA respectfully requests that the Court grant this motion and allow
SFFA’s two motions to compel and all accompanying exhibits 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: December 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.

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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

4836-7997-1645.1

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