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

Filing 251

Assented to MOTION for Order to Produce Applicant Files by President and Fellows of Harvard College. (Attachments: # 1 Text of Proposed Order Proposed Order for Application Files)(Ellsworth, Felicia)

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),
Defendant.
ASSENTED-TO MOTION FOR ORDER
REGARDING PRODUCTION OF APPLICATION FILES
Defendant President and Fellows of Harvard College (“Harvard”) moves the Court to
enter an order regarding the production of redacted application files, so that Harvard may comply
with its obligations under the Family Educational Rights and Privacy Act (“FERPA”).
In Harvard’s June 15, 2015 responses to SFFA’s Requests for Production, which
requested that Harvard produce freshman application files, Harvard agreed to produce a total of
160 redacted application files from the 2014-2015 admissions cycle, with each party selecting
80. Harvard will soon be prepared to produce its selection of 80 application files consistent with
this response. FERPA allows disclosure of records that “contain information directly related to a
student” only under specified conditions, 20 U.S.C. § 1232g(a)(4), including “in compliance
with judicial order,” id. § 1232g(b)(2)(B). Harvard therefore requests that the Court enter the
attached proposed order so that it may produce redacted application files to SFFA.
SFFA does not oppose this motion but notes its position that the production of these
materials does not fulfill Harvard’s discovery obligations in response to item 24 of SFFA’s

Requests for Production and is without prejudice to SFFA’s right to seek the production of
additional application files.
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)
Felicia H. Ellsworth (BBO #665232)
Andrew S. Dulberg (BBO #675405)
Elizabeth C. Mooney (BBO #679522)
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Dated: March 13, 2017

Counsel for Defendant President and
Fellows of Harvard College

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LOCAL RULE 7.1 CERTIFICATION
In accordance with Local Rule 7.1(a)(2), I hereby certify that SFFA assents to the relief
requested in this motion.
/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 the registered participants as identified on the Notice of Electronic Filing.

/s/ Felicia H. Ellsworth
Felicia H. Ellsworth

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