Students for Fair Admissions, Inc. v. President and Fellows of Harvard College et al
Filing
419
DECLARATION re 417 MOTION for Summary Judgment by President and Fellows of Harvard College. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97)(Ellsworth, Felicia)
<![CDATA[
EXHIBIT 19
HIGHLY CONFIDENTIAL
Page 1
1
IN THE UNITED STATES DISTRICT COURT
2
FOR THE DISTRICT OF MASSACHUSETTS
3
BOSTON DIVISION
4
5
------------------------------------------X
6
STUDENTS FOR FAIR ADMISSIONS, INC.,
7
Plaintiff,
8
Civil Action No.
9
vs.
1:14-cv-14176-ADB
10
11
PRESIDENT AND FELLOWS OF HARVARD COLLEGE,
12
(HARVARD CORPORATION),
13
Defendant.
14
------------------------------------------X
15
16
** HIGHLY CONFIDENTIAL **
17
18
Deposition of
19
20
July 12, 2017
9:10 a.m.
21
Taken at:
22
Jones Day
901 Lakeside Avenue
23
Cleveland, Ohio
24
25
Wendy L. Klauss, RPR
212-279-9424
Veritext Legal Solutions
www.veritext.com
212-490-3430
HIGHLY CONFIDENTIAL
Page 22
1
communication to SFFA members that you
2
received?
3
A.
Correct.
4
Q.
How many such general
5
communications have you received from Mr. Blum?
6
7
A.
not very many, not more than one or two.
8
9
I don't know the exact number, but
Q.
Do you receive all the
communications from Mr. Blum via email?
10
MR. PARK:
Objection.
11
A.
Yes.
12
Q.
You never received a hard copy
13
letter in the mail, or anything like that?
14
A.
I have not.
15
Q.
What is the nature of the
16
communications from Mr. Blum to the membership?
17
MR. PARK:
18
A.
Objection.
Something fairly general about a
19
sort of web phone conference type of thing
20
regarding the status of their efforts.
21
exactly know, because I didn't read the email
22
in its entirety, because it was a large -- it
23
was an email that I didn't read in its
24
entirety.
25
Q.
212-279-9424
I don't
And have you only received that one
Veritext Legal Solutions
www.veritext.com
212-490-3430
HIGHLY CONFIDENTIAL
Page 23
1
email, or do you recall receiving others?
2
A.
I recall receiving at least one
3
about the same conference, but nothing else
4
that I can recall.
5
6
Q.
And there was an invitation to a
conference call; is that right?
7
A.
I believe so.
8
Q.
What was the nature of the
9
conference call?
10
A.
That I don't know.
According to
11
the date and time of the conference call, I
12
could not be involved in it, so I didn't crowd
13
further into what the nature of the call was.
14
15
Q.
So you did not attend the
conference call?
16
A.
I did not.
17
Q.
Did you receive any summary of the
18
conference call?
19
A.
No.
20
Q.
Do you know whether other members
21
of SFFA were also invited to attend the
22
conference call?
23
MR. PARK:
24
25
A.
Objection.
I would assume so, but I obviously
don't know for certain.
212-279-9424
Veritext Legal Solutions
www.veritext.com
212-490-3430
HIGHLY CONFIDENTIAL
Page 44
1
Q.
2
to any other institution?
3
4
A.
I would be willing to consider the
option, were it to present itself.
5
6
Do you intend to transfer from
Q.
Under what circumstances would you
be willing to consider the option?
7
A.
I mean, again, this is highly
8
speculative.
You never know what the
9
circumstances are.
Considering time period,
10
how far I am into my studies at
11
those would contribute to my decision to
12
transfer or not transfer.
13
14
Q.
all of
Do you think you would apply to
transfer to Harvard?
15
A.
Yes.
16
Q.
Under what circumstances would you
17
consider applying to transfer to Harvard?
18
19
A.
from
If it was not a burden to transfer
to Harvard.
20
Q.
What do you mean by a burden?
21
A.
Obviously they are different
22
institutions with different sets of
23
requirements, with different academic programs.
24
So if I'm well into my program at
25
it is not practical to transfer to Harvard,
212-279-9424
Veritext Legal Solutions
www.veritext.com
and
212-490-3430
HIGHLY CONFIDENTIAL
Page 75
1
That was their original understanding of the
2
organization, so I understand why they do say
3
that.
4
5
Q.
Do you think they should be asked
for a donation?
6
MR. PARK:
7
A.
Objection.
Donation is obviously upon
8
suggestion, so there would be no harm in doing
9
that.
10
Q.
It also notes here, "The board has
11
expanded its size to five persons, one of which
12
is directly elected by the membership"; do you
13
see that?
14
A.
Where is that?
15
Q.
The second to the last sentence.
16
A.
Oh, yes, yes.
17
Q.
Were you aware that the membership
18
directly elected one member of the board?
19
MR. PARK:
Objection.
20
A.
I was not aware.
21
Q.
Have you ever voted in an election
22
for a board of director?
23
24
MR. PARK:
I'm going to instruct
the witness not to answer the question.
25
MS. MOONEY:
212-279-9424
What grounds?
Veritext Legal Solutions
www.veritext.com
212-490-3430
HIGHLY CONFIDENTIAL
Page 76
1
MR. PARK:
You are asking questions
2
about participation in the association
3
protected by the First Amendment, and the line
4
of questioning is going into corporate
5
governance, which we think is foreclosed by the
6
Court's order from last month which says that
7
indicia of membership test is not relevant to
8
this case.
9
MS. MOONEY:
And Harvard, of
10
course, objects, and we would note that we
11
don't think that the Court's ruling of indicia
12
of membership test forecloses discovery, nor do
13
we think that the privilege applies here, but
14
we won't continue to belabor the point.
15
Q.
Do you know whether an election for
16
the board of directors has taken place since
17
you have become a member?
18
MR. PARK:
19
20
A.
To my knowledge, I don't know of
any such election.
21
22
Objection.
Q.
You haven't received any
communications or anything like that?
23
MR. PARK:
I'm going to instruct
24
the witness not to answer.
25
before.
212-279-9424
Same basis as
Veritext Legal Solutions
www.veritext.com
212-490-3430
HIGHLY CONFIDENTIAL
Page 77
1
2
Q.
Are you going to follow your
counsel's instruction?
3
A.
Yes.
4
Q.
Going down to the next paragraph,
5
it notes SFFA has a total of -- had a total of
6
21,766 members as of April 30, 2017; do you see
7
that?
8
A.
Yes.
9
Q.
Were you aware that SFFA had
10
approximately 21,000 members in April 2017?
11
MR. PARK:
12
A.
Objection.
Not an exact number, but I was
13
aware of the fact that recently there had been
14
roughly 20,000 members.
15
Q.
And it notes further that after the
16
membership was instituted, all new members have
17
paid the fee, and that 133 members have paid
18
the fee; do you see that?
19
A.
Yes.
20
Q.
So the 133 members paid $10 each to
21
join.
22
funding the organization's operations in the
23
litigation?
24
25
Do you think that the membership fee is
MR. PARK:
Objection.
You can
answer.
212-279-9424
Veritext Legal Solutions
www.veritext.com
212-490-3430
HIGHLY CONFIDENTIAL
Page 82
1
2
Q.
from Mr. Blum and communications with
3
4
Other than emails you have received
have you had any communications with
any other SFFA members?
5
A.
No.
6
Q.
Do you know whether the composition
7
of SFFA's standing members has ever changed
8
during the course of this litigation?
9
MR. PARK:
Objection.
10
A.
I'm not aware.
11
Q.
When you joined SFFA, were you
12
given any information about the voting rights
13
of SFFA's members with respect to the board of
14
directors?
15
MR. PARK:
Objection.
Instruct the
16
witness not to answer.
17
governance issues and indicia of member tests.
18
That's the basis.
19
Q.
It goes to corporate
But your testimony is that you
20
haven't during your membership voted to elect
21
any members of the board, correct?
22
MR. PARK:
Objection.
23
A.
Correct.
24
Q.
And to your knowledge an election
25
of the board of directors hasn't been held
212-279-9424
Veritext Legal Solutions
www.veritext.com
212-490-3430
HIGHLY CONFIDENTIAL
Page 83
1
since you have become a member?
2
A.
To my knowledge, yes.
3
Q.
It hasn't been held, correct?
4
A.
Correct.
5
Q.
Have you ever attended or
6
participated in a meeting of the SFFA's board
7
of directors?
8
9
MR. PARK:
Instruct the
witness not to answer that question.
10
11
Objection.
Q.
Are you going to follow your
counsel's advice?
12
A.
Yes.
13
Q.
Do you know if
has ever
14
attended or participated in a meeting of the
15
board of directors?
16
MR. PARK:
17
18
Q.
Same instruction.
Are you going to follow your
counsel's advice?
19
A.
Yes.
20
Q.
Ed Blum in SFFA's president,
21
correct?
22
A.
Correct.
23
Q.
Did you vote for him to become
24
president?
25
MR. PARK:
212-279-9424
Objection.
Veritext Legal Solutions
www.veritext.com
I'm going to
212-490-3430
HIGHLY CONFIDENTIAL
Page 149
1
2
REPORTER'S CERTIFICATE
The State of Ohio,
)
3
4
SS:
County of Cuyahoga.
)
5
6
I, Wendy L. Klauss, a Notary Public
7
within and for the State of Ohio, duly
8
commissioned and qualified, do hereby certify
9
that the within named witness,
,
10
was by me first duly sworn to testify the
11
truth, the whole truth and nothing but the
12
truth in the cause aforesaid; that the
13
testimony then given by the above-referenced
14
witness was by me reduced to stenotypy in the
15
presence of said witness; afterwards
16
transcribed, and that the foregoing is a true
17
and correct transcription of the testimony so
18
given by the above-referenced witness.
19
I do further certify that this
20
deposition was taken at the time and place in
21
the foregoing caption specified and was
22
completed without adjournment.
23
24
25
212-279-9424
Veritext Legal Solutions
www.veritext.com
212-490-3430
HIGHLY CONFIDENTIAL
Page 150
1
I do further certify that I am not
2
a relative, counsel or attorney for either
3
party, or otherwise interested in the event of
4
this action.
5
IN WITNESS WHEREOF, I have hereunto
6
set my hand and affixed my seal of office at
7
Cleveland, Ohio, on this 18th day of July, 2017.
8
9
10
11
12
13
<%Signature%>
14
Wendy L. Klauss, Notary Public
15
within and for the State of Ohio
16
17
My commission expires July 13, 2019.
18
19
20
21
22
23
24
25
212-279-9424
Veritext Legal Solutions
www.veritext.com
212-490-3430
]]>
