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

Filing 231

MOTION to Seal Oppositions to SFFA's Motions to Compel by President and Fellows of Harvard College.(Ellsworth, Felicia)

Case 1:14-cv-14176-ADB Document 231 Filed 12/19/16 Page 1 of 3

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
DEFENDANT’S OPPOSITIONS TO SFFA’S MOTION TO COMPEL PRODUCTION OF
REVIEWER COMMENTS AND MOTION TO COMPEL PRODUCTION OF
APPLICANT ZIP CODES AND SUPPORTING MATERIALS

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 in their entirety (1) Harvard’s Opposition to Plaintiff’s Motion to Compel Production of
Reviewer Comments, the Declaration of Felicia H. Ellsworth in Support of Harvard’s Opposition
to Plaintiff’s Motion to Compel Production of Reviewer Comments (“Ellsworth Declaration”),
and exhibits to the Ellsworth Declaration; and (2) Harvard’s Opposition to Plaintiff’s Motion to
Compel Production of Applicant Zip Codes. These documents include information designated as
Confidential or Highly Confidential – Attorneys’ Eyes Only pursuant to the Stipulated Protective
Order (Dkt. 55), including information relating to Harvard’s admissions process and information
disclosing the identities of the individuals on whose behalf Students for Fair Admissions, Inc.
(“SFFA”) asserts standing. Harvard’s Oppositions will be filed in response to SFFA’s Motions to

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Case 1:14-cv-14176-ADB Document 231 Filed 12/19/16 Page 2 of 3

Compel, which were filed under seal (Dkt. 223). Pursuant to Local Rule 7.1(a)(2), SFFA was
made aware of this motion and assents to it.
Harvard requests that the documents subject to this Motion be impounded until further
order of the Court. In the event the Court has not previously ordered otherwise, Harvard’s
submission should be returned to its undersigned counsel upon resolution of this matter.
WHEREFORE, Harvard respectfully requests that the Court grant this motion and allow
(1) Harvard’s Opposition to Plaintiff’s Motion to Compel Production of Reviewer Comments, the
Ellsworth Declaration, and exhibits to the Ellsworth Declaration, (2) and Opposition to Plaintiff’s
Motion to Compel Production of Applicant Zip Codes, to be filed under seal and to be viewed only
by the Judge, her clerk(s), and Court personnel.
Respectfully submitted,
/s/ Felicia H. Ellsworth
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)
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Case 1:14-cv-14176-ADB Document 231 Filed 12/19/16 Page 3 of 3

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: December 19, 2016

Counsel for Defendant President and
Fellows of Harvard College

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 before it was filed and assents to Harvard’s
request to file its Opposition to Plaintiff’s Motion to Compel Production of Reviewer Comments,
Ellsworth Declaration, and exhibits to the Ellsworth Declaration, and Opposition to Plaintiff’s
Motion to Compel Production of Applicant Zip Codes 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

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