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

Filing 430

MOTION to Seal Certain Information Filed in Connection with Harvard's Opposition to Plaintiff's Motion for Summary Judgment by President and Fellows of Harvard College.(Ellsworth, Felicia)

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.

MOTION TO SEAL CERTAIN INFORMATION FILED IN
CONNECTION WITH HARVARD’S OPPOSITION TO
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Pursuant to Local Rule 7.2 and the Stipulated Protective Order (Dkt. 55), Defendant
President and Fellows of Harvard College (Harvard Corporation) (“Harvard”) hereby moves this
Court for an order sealing (1) portions of Harvard’s memorandum of law filed in opposition to
Students for Fair Admissions, Inc.’s (“SFFA”) motion for summary judgment; (2) portions of
Harvard’s response to SFFA’s Rule 56.1 statement; and (3) all or part of certain of the
declarations and exhibits filed in support of Harvard’s opposition to SFFA’s motion for summary
judgment. The materials that Harvard seeks to seal include information designated as
Confidential or Highly Confidential–Attorneys’ Eyes Only pursuant to the Stipulated Protective
Order (Dkt. 55).
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
submissions should be returned to its undersigned counsel upon resolution of this matter.

WHEREFORE, Harvard respectfully requests that the Court grant this motion and allow
portions of Harvard’s memorandum in opposition to SFFA’s summary judgment motion,
portions of Harvard’s response to SFFA’s Rule 56.1 statement, and all or part of certain of the
declarations and exhibits filed in connection with Harvard’s opposition to SFFA’s motion for
summary judgment to be filed under seal on or before July 30 and to be viewed only by the
Judge, her clerk(s), and Court personnel.

Respectfully submitted,

/s/ Felicia H. Ellsworth
Felicia H. Ellsworth (BBO #665232)
William F. Lee (BBO #291960)
Andrew S. Dulberg (BBO #675405)
Elizabeth Mooney (BBO #679522)
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Tel: [phone]
Fax: [phone]
[e-mail]
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]

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]
Dated: July 24, 2018

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