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

Filing 454

DECLARATION of Michael Connolly in Support of SFFA's Opposition to Harvard's Motion for Summary Judgment by Students for Fair Admissions, Inc.. (Attachments: # 1 Exhibit 262, # 2 Exhibit 263, # 3 Exhibit 264, # 4 Exhibit 265, # 5 Exhibit 266, # 6 Exhibit 267, # 7 Exhibit 268, # 8 Exhibit 269, # 9 Exhibit 270, # 10 Exhibit 271, # 11 Exhibit 272, # 12 Exhibit 273, # 13 Exhibit 274, # 14 Exhibit 275, # 15 Exhibit 276, # 16 Exhibit 277, # 17 Exhibit 278, # 18 Exhibit 279, # 19 Exhibit 280, # 20 Exhibit 281, # 21 Exhibit 282, # 22 Exhibit 283, # 23 Exhibit 284, # 24 Exhibit 285)(Consovoy, William) (Additional attachment(s) added on 7/31/2018: # 25 Unredacted DECLARATION of Michael Connolly in Support of SFFA's Opposition to Harvard's Motion for Summary Judgment (Filed Under Seal), # 26 Exhibit 262 (Filed Under Seal), # 27 Exhibit 263 (Filed Under Seal), # 28 Exhibit 264 (Filed Under Seal), # 29 Exhibit 265 (Filed Under Seal), # 30 Exhibit 266 (Filed Under Seal), # 31 Exhibit 267 (Filed Under Seal), # 32 Exhibit 268 (Filed Under Seal), # 33 Exhibit 269 (Filed Under Seal), # 34 Exhibit 270 (Filed Under Seal), # 35 Exhibit 271 (Filed Under Seal), # 36 Exhibit 272 (Filed Under Seal), # 37 Exhibit 273 (Filed Under Seal), # 38 Exhibit 274 (Filed Under Seal), # 39 Exhibit 275 (Filed Under Seal), # 40 Exhibit 276 (Filed Under Seal), # 41 Exhibit 277 (Filed Under Seal), # 42 Exhibit 278 (Filed Under Seal), # 43 Exhibit 279 (Filed Under Seal), # 44 Exhibit 280 (Filed Under Seal), # 45 Exhibit 281 (Filed Under Seal), # 46 Exhibit 282 (Filed Under Seal), # 47 Exhibit 283 (Filed Under Seal), # 48 Exhibit 284 (Filed Under Seal), # 49 Exhibit 285 (Filed Under Seal)) (McDonagh, Christina).

EXHIBIT 262

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

STUDENTS FOR FAIR ADMISSfONS, INC.,
Plaintiff ,

v.

Civil Action No.
1:14-cv-14176-

ADB
PRESIDENT AND FELLOWS OF HARVARD
COLLEGE (HARV ARD CORPORATION),
Defendant.

PLAINTIFF'S SUPPLEMENTAL OBJECTIONS AND RESPONSES TO
DEFENDANTS' FIRST SET OF INTERROGATORIES
Pursuant to Rule 33 of the Federal Rules of Civil Procedure and Local Rule 33,
Plaintiff Students for Fair Admissions, fnc. ("SFFA'') submits the following supplemental
objections and responses to the Defendant's First Set of Interrogatories , dated May 13,
2015. These objections and responses supplement and replace those previously submitted
on May 5, 2017.

GENERAL OBJECTIONS
SFF A makes the following general object ions to Harvard 's First Set of
Interrogatories, which apply to each interrogatory regardless of whether the general
objections are specifically incorporated into the specific objections below .
I.

SFF A objects to each interrogatory to the extent it calls for information

that is protected from discovery by the attorney-client privilege or the work product
doctrine, or that are otherwise protected from disclosure under the Federal Rules of Civil
Procedure, the Federal Rules of Evidence, and the relevant statutory or case law.

CONFIDENTIAL

privileged information , including information protected from disclosure by the attorney client or attorney work product privileges.

INTERROGATORY NO. 7
List and describe all sources of SFFA ' s funding , including but not limited to
any dues, fees , or other funds contributed by individual members, as well as
contributions or other funds received from other sources , including from nonmembers .

RESPONSE TO INTERROGATORY NO. 7
SFF A objects to this interrogatory as overly broad, unduly burdensome and not
reasonably calculated to lead to the discovery of admissible evidence.

The breadth of

this request infringes the First Amendment right to associational privacy of SFF A and
its members and former members.
Subject to and without waiving its objections , SFF A responds as follows: As of
April 30, 2017 , SFFA has received 790 contributions from its individual members
(including the required membership fee for every member who joined after July 30,
2015).

SFFA also has several institutional supporters, including (but not limited to)

POFR. Anonymity in donations is important to SFFA's members , particularly in light
of their concerns about the potential for retaliation in the admissions process against
individuals and family members who wish to apply for admissions in the future.

INTERROGATORY NO. 8
Describe the recruitment and selection process for SFFA members , both past
and ongoing , and the criteria for membership in SFF A.

RESPONSE TO INTERROGATORY NO. 8
SFFA objects to this interrogatory as overly broad , unduly burdensome and not
reasonably calculated to lead to the discovery of admissible evidence.

The breadth of

this request infringes the First Amendment right to associational privacy of SFF A and

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its members and former members.

SFF A further objects to this interrogatory to the

extent it seeks privileged information , including information protected from disclosure
by the attorney-client or attorney work product privileges.
Subject to and without waiving its objections, SFF A responds as follows: SFF A
has taken a number of steps to seek members who are interested in challenging (or
supporting the challenge to) racial discrimination in the admissions process at Harvard .
Specific steps taken by SFFA's officers and employees to help recruit members include:
•

The establishment of a website (www.harvardnotfair.org) beginning in April
2014 to publicize the potential for legal action challenging Harvard ' s racial
discrimination , and to solicit potential plaintiffs who were the victims of
discrimination in the Harvard admissions process.

•

fnterviews with news reporters about SFFA , its purpose , and the goals of this
Litigation.

•

After SFF A filed this action , the establishment

of a second website ,

www .studentsforfairadmissions.org , to promote SFF A' s mission , provide
prospective members with a form to join SFF A, and provide a Iink for those
who wish to donate funds to support SFF A.
•

SFF A representatives met with a number of interested groups to discuss the
Litigation and promote its missions , including the Long Island Chinese
Community

in Nassau

County , New

York; the Chinese

School

in

Livingston, New Jersey; the Houston Chinese Alliance in Houston , Texas ;
the Silicon Valley Chinese Association in San Francisco , California; and
members of Los Angeles Asian community in Los Angeles , California.

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•

SFF A also reached out to scholars and leaders of the Asian-American
business community to discu ss the admissions policies at competitive
universities.

•

SFFA has met with Asian students at a competitive New York high school to
discuss its mission and the goals of the Litigation.

•

SFF A posted favorable news coverage on its website and provided periodic
updates on the progress of the Litigation and related matters .

From the outset , SFF A membership has been open to all individuals who
support the organization ' s mission of racial and ethnic equality in student admissions.
For approximately the first year of its operation , individuals could join SFF A as
Affiliate Members by submitting basic identifying information (name , addr ess, and
email address) and expressing an indication of intent to join the organization. No dues
or membership fee was initially required , in order to lower barriers to entry in the
organi zation ' s infancy.
As of November 17, 2014-the

date the Complaint was filed- SFFA had 42

members. Membership in the organization grew steadily over the following months as
news of its activities spread; by June 1, 2015 , the organi zation 's membership had grown
to approximately 350 people. In early June 2015 , after Mr. Blum spoke to several
Asian -American groups in California , New York, and Texas. interest in the organization
grew dramatically; thousands of people joined the organization during the first week of
June 2015 alone. Membership has continued to grow since then.
As interest in SFFA's mission grew along with its membership , and the
organization matured, SFF A decided to amend its bylaws to account for its rapid

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growth. Among other things , SFF A required new members to pay a membership fee of
$10 to join SFFA , beginning on July 30, 2015. The Board determined that those who
had joined SFF A prior to that date would not be asked to pay the membership fee. The
Board also has expanded its size to five persons , one of which is directly elected by the
membership. The Board also changed the open membership status from ' Affiliate
Member" to 'General Member. "
As of Apr il 30, 2017, SFFA has a total of 21,766 members. After SFFA
instituted its membership fee on July 30, 2015 , all new members have paid the fee.
Accordingly , 133 members have paid the fee, which constitutes 0.6% of the total
membership. That percentage will, of course , increase over time as SFF A's membership
continues to grow and the organization continues to mature. Moreover, even before July
30, 2015 641 members had voluntarily donated to SFF A even though it was not a
condition of membership.

INTERROGATORY NO. 9
Describe the rights and responsibilities of SFF A members within the
organization , including but not limited to any decision-making responsibilities ,
any processes or mechanisms by which members communicate with SFF A
regarding SFFA's activities, any input members have regarding SFFA's
leadership or conduct , and any responsibilities members have to pay dues ,
render services , or otherwise contribute to SFFA ' s work.

RESPONSE TO INTERROGATORY NO. 9
SFF A objects to this interrogatory as overly broad, unduly burdensome and not
reasonably calculated to lead to the discovery of admissible evidence. The breadth of
this request infringes the First Amendment right to associational privacy of SFFA and
its members and former members.

CONFIDENTIAL

SFF A further objects to this interrogatory to the

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extent it seeks privileged information, including information protected from disclosure
by the attorney -client or attorney work product privileges.
Subject to and without waiving its objections , SFF A responds as follows: Under
SFF A's by Jaws and articles of incorporation, SFF A members are required to pay a fee
upon joining of$ l 0, beginning on July 30, 2015. Members also have the right to elect
one of SFF A' s Directors at its annual meeting. Members are provided with periodic
updates on SFFA ' s activities, including this Litigation , via letters and regular e-mail
updates. SFF A wil I also convene periodic conference calls where members can ask
questions , provide guidance, and comment on our activities and priorities. Members
also are provided with contact information , including an email address, by which they
may contact SFFA's President and Board of Directors. Members can resign from SFFA
at any time. All of SFFA ' s Directors are also members ofSFFA.

INTERROGATORY NO. 10
Describe how decisions about SFFA ' s activities and operations are made, and
who makes them, including but not limited to decisions about the Litigation.

RESPONSE TO INTERROGATORY NO . 10
SFF A objects to this interrogatory as overly broad, unduly burdensome and not
reasonably calculated to lead to the discovery of admissible evidence. The breadth of
this request infringes the First Amendment right to associational privacy of SFF A and
its members and former members.
Subject to and without waiving its objections , SFF A responds as follows: the
President of SFF A has day-to-day responsibilities for decision-making with respect to
SFFA's activities and the Litigation, which the President makes in conjunction with the
advice from outside counsel.

CONFIDENTIAL

The President reports to the Board of Directors (one

13

member of which is elected by SFFA 's members), which has ultimate responsibility for
the management of SFFA 's business and its decisions.

Members are afforded the

opportunity to discu ss SFF A's mission and business , including this Litigation, and are
provided with contact information by which they can communicate with the President
and the Board.

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Signed under the penalties of perjury this

$ day of~

2017.

Edward Blum
on behalf of Students For Fair Admissions, Inc.

As to Objections:

Isl William S. Consovoy

Paul M. Sanford BBO
#566318
Benjamin C. Caldwell BBO
#67506
BURNS & LEVINSON LLP

One Citizens Plaza, Suite
1100 Providence, RI 02903
Tel : [phone]
Fax: [phone]
psanford @bumslev.com
bcaldwell @bumslev.com

William S. Consovoy
Thomas R. McCarthy
J. Michael Connolly
CONSOVOY MCCARTHY PARK PLLC

3033 Wilson Boulevard
Suite 700
Arlington, Virginia 22201
Tel: [phone]
Fax: [phone]
will @consovoymccarthy.com
tom @consovoymccarthy .com
mike @consovoymccarthy.com
Patrick Strawbridge
BBO #678274
CONSOVOY M CCARTHY PARK PLLC

Ten Post Office Square
Boston, MA 02109
Tel: [phone]
patrick @consovoymccarthy.com

Dated: August 4, 2017

CONFIDENTIAL

Counsel for Plaintiff Students for Fair
Admissions, Inc.

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