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

Filing 236

Assented to MOTION for Leave to File Reply Memoranda in Support of SFFA's Two Pending 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 FOR LEAVE TO FILE REPLY
MEMORANDA IN SUPPORT OF ITS TWO PENDING MOTIONS TO COMPEL
Pursuant to Local Rule 7.1(b)(3), Plaintiff, Students for Fair Admissions, Inc. (“SFFA”),
respectfully moves for leave to submit reply memoranda in support of (1) SFFA’s Motion to
Compel Production of Reviewer Comments (“Reviewer Comments Motion”) and (2) SFFA’s
Motion to Compel Production of Applicant Zip Codes (“Applicant Zip Codes Motion”).1
A reply memorandum for each of these pending motions is warranted to address certain
assertions and arguments in Defendant’s oppositions which require a response. Pursuant to
Local Rule 7.1(a)(2), Defendant was made aware of this motion and assents to it. If this motion
is granted, SFFA shall submit its reply memoranda by January 4, 2017.
WHEREFORE, SFFA respectfully requests that the Court grant its motion for leave to
file reply memoranda in support of the Reviewer Comments Motion and the Applicant Zip
Codes Motion.

Both underlying motions to compel (including SFFA’s accompanying memoranda) were filed
under seal on December 6, 2016, per court order (Dkt. 223). Harvard’s oppositions to each
motion were also filed under seal on December 20, 2016, per court order (Dkt. 232).
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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 22, 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 Rule 7.1(a)(2), 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 the registered participants as identified on the Notice of Electronic Filing.
/s/ Benjamin C. Caldwell

4836-8393-3759.1

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