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

Filing 457

MOTION for Leave to Appear Pro Hac Vice for admission of Sherrilyn A. Ifill, Janai S. Nelson, Samuel Spital, Jin Hee Lee, Rachel M. Kleinman, Michaele N. Turnage Young, Jennifer A. Holmes, and Cara McClellan by Coalition for a Diverse Harvard, First Generation Harvard Alumni, Fuerza Latina of Harvard, Harvard Asian American Brotherhood, Harvard Islamic Society, Harvard Japan Society, Harvard Korean Association, Harvard Latino Alumni Alliance, Harvard Minority Association of Pre-Medical Students, Harvard Phillips Brooks House Association, Harvard South Asian Association, Harvard University Muslim Alumni, Harvard Vietnamese Association, Harvard-Radcliffe Asian American Association, Harvard-Radcliffe Asian American Women's Association, Harvard-Radcliffe Black Students Association, Harvard-Radcliffe Chinese Students Association, Kuumba Singers of Harvard College, Native American Alumni of Harvard University, Native Americans At Harvard College, Task Force on Asian and Pacific American Studies at Harvard College. (Attachments: # 1 Certification of Attorney Ifill, # 2 Certification of Attorney Nelson, # 3 Certification of Attorney Spital, # 4 Certification of Attorney Lee, # 5 Certification of Attorney Kleinman, # 6 Certification of Attorney Turnage Young, # 7 Certification of Attorney Holmes, # 8 Certification of Attorney McClellan)(Thayer, Kenneth)

UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF MASSACHUSETTS
BOSTON DIVISION

STUDENTS FOR FAIR ADMISSIONS, INC.,
Plaintiff,
v.

No. 1:14-cv-14176-ADB

PRESIDENT AND FELLOWS OF HARVARD
COLLEGE,
Defendant.

MOTION FOR ADMISSION PRO HAC VICE
OF NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC.
Pursuant to Local Rule 83.5.3, attorneys Kate R. Cook and Kenneth N. Thayer, members
in good standing of the bar of the Commonwealth of Massachusetts and this Court and attorneys
at the law firm Sugarman, Rogers, Barshak & Cohen, P.C., respectfully move this Court to grant
permission to the NAACP Legal Defense and Educational Fund, Inc. (“LDF”), by and through
its attorneys Sherrilyn A. Ifill, Janai S. Nelson, Samuel Spital, Jin Hee Lee, Rachel M. Kleinman,
Michaele N. Turnage Young, Jennifer A. Holmes, and Cara McClellan, to appear and practice
pro hac vice in this matter as counsel for amici curiae Harvard-Radcliffe Black Students
Association, Kuumba Singers of Harvard College, Fuerza Latina of Harvard, Native Americans
at Harvard College, Harvard-Radcliffe Asian American Association, Harvard-Radcliffe Asian
American Women’s Association, Harvard Asian American Brotherhood, Harvard Vietnamese
Association, Harvard-Radcliffe Chinese Students Association, Harvard Korean Association,
Harvard Japan Society, Harvard South Asian Association, Harvard Islamic Society, Task Force
on Asian and Pacific American Studies at Harvard College, Harvard Phillips Brooks House
Association, Harvard Minority Association of Pre-Medical Students, Coalition for a Diverse
Harvard, First Generation Harvard Alumni, Native American Alumni of Harvard University,
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Harvard University Muslim Alumni, and Harvard Latino Alumni Alliance (collectively,
“Amici”).
1.

Sherrilyn A. Ifill is the President and Director Counsel at LDF, located at 40

Rector Street, 5th Floor, New York, NY 10006. She is a member of good standing of the bars of
the State of New York, the State of Maryland and the District of Columbia; the United States
District Courts for the Southern District of New York and the District of Maryland; the United States
Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Eleventh, and D.C. Circuits; and the Supreme Court of the United States. There are no disciplinary
proceedings pending against Ms. Ifill in any jurisdiction. Ms. Ifill is familiar with the issues of
this case and the Local Rules of this Court.
2.

Janai S. Nelson is the Associate Director-Counsel at LDF, located at 40 Rector

Street, 5th Floor, New York, NY 10006. She is a member of good standing of the bars of the
State of New York and the District of Columbia; the United States District Courts for the Eastern
and Southern Districts of New York; the United States Courts of Appeals for the First, Second,
Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, and D.C. Circuits; and the
Supreme Court of the United States. There are no disciplinary proceedings pending against Ms.
Nelson in any jurisdiction. Ms. Nelson is familiar with the issues of this case and the Local Rules
of this Court.
3.

Samuel Spital is Director of Litigation at LDF, located at 40 Rector Street, 5th

Floor, New York, NY 10006. He is a member of good standing of bars of the State of New York;
the United States District Courts for the Southern District of New York and the District of Columbia;
the United States Courts of Appeals for the Second, Third, Fourth, Fifth, and Eleventh Circuits; and
the Supreme Court of the United States. There are no disciplinary proceedings pending against Mr.
Spital in any jurisdiction. Mr. Spital is familiar with the issues of this case and the Local Rules of
this Court.

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4.

Jin Hee Lee is Senior Deputy Director of Litigation at LDF, located at 40 Rector

Street, 5th Floor, New York, NY 10006. She is a member of good standing of the bars of the State
of New York; the United States District Courts for the Eastern and Southern Districts of New York;
the United States Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh,
Eighth, Ninth, Tenth, Eleventh and D.C. Circuits; and the Supreme Court of the United States. There
are no disciplinary proceedings pending against Ms. Lee in any jurisdiction. Ms. Lee is familiar
with the issues of this case and the Local Rules of this Court.
5.

Rachel M. Kleinman serves as Senior Counsel and Director of Professional

Development at LDF, located at 40 Rector Street, 5th Floor, New York, NY 10006. She is a
member of good standing of the bars of the State of New York; the United States District Courts
for the Eastern and Southern Districts of New York; the United States Courts of Appeals for the
First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, and D.C.
Circuits; and the Supreme Court of the United States. There are no disciplinary proceedings
pending against Ms. Kleinman in any jurisdiction. Ms. Kleinman is familiar with the issues of
this case and the Local Rules of this Court.
6.

Michaele N. Turnage Young serves as Senior Counsel at LDF, located at 700

14th Street NW, 8th Floor, Washington, D.C. 20005. She is a member of good standing of the
bars of the states of California and Illinois (though she is inactive in Illinois); the United States
District Courts for the Northern, Central, Eastern and Southern Districts of California and the
Northern District of Illinois; and the United States Courts of Appeals for the Fifth, Seventh,
and Ninth Circuits. There are no disciplinary proceedings pending against Ms. Turnage Young
in any jurisdiction. Ms. Turnage Young is familiar with the issues of this case and the Local
Rules of this Court.
7.

Jennifer A. Holmes is an attorney at LDF, located at 700 14th Street NW, 8th

Floor, Washington, D.C. 20005. She is a member in good standing of the bars of the State of New
York and the District of Columbia. There are no disciplinary proceedings pending against Ms.

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Holmes in any jurisdiction. Ms. Holmes is familiar with the issues of this case and the Local
Rules of this Court.
8.

Cara McClellan is an attorney at LDF, located at 40 Rector Street, 5th Floor, New

York, NY 10006. She is a member in good standing of the bars of the State of New York; the
United States District Court for the District of Maryland; and the United States Courts of Appeals
for the Fourth, Fifth, and Eleventh Circuits. There are no disciplinary proceedings pending against
Ms. McClellan in any jurisdiction. Ms. McClellan is familiar with the issues of this case and the
Local Rules of this Court.
9.

Kate R. Cook and Kenneth N. Thayer, members in good standing of the Bar of the

Commonwealth of Massachusetts and the United States District Court for the District of
Massachusetts, will continue to represent the Amici as local counsel if this motion is granted.
10.

In support of this Motion, Amici submit the Certifications of Ms. Ifill, Ms. Nelson,

Mr. Spital, Ms. Lee, Ms. Kleinman, Ms. Turnage Young, Ms. Holmes, and Ms. McClellan.
WHEREFORE, Amici, by their attorneys Kate R. Cook and Kenneth N. Thayer, respectfully
request that this Court grant permission to Sherrilyn A. Ifill, Janai S. Nelson, Samuel Spital, Jin
Hee Lee, Rachel M. Kleinman, Michaele N. Turnage Young, Jennifer A. Holmes, and Cara
McClellan, to appear and practice pro hac vice on behalf of Amici.
Dated: July 30, 2018

Respectfully submitted,
/s/ Kenneth N. Thayer
Kate R. Cook BBO #650698
[e-mail]
Kenneth N. Thayer, BBO #671029
[e-mail]
Sugarman, Rogers, Barshak & Cohen, P.C.
101 Merrimac Street (9th floor)
Boston, MA 02114-4737
[phone]

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CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1
I hereby certify that on July 30, 2018, counsel for the above-listed amici curiae conferred
with counsel for the plaintiff, Students for Fair Admissions, Inc., and with counsel for the
defendant, President and Fellows of Harvard College, and both parties indicated their assent to
this motion.

/s/ Kenneth N. Thayer
Kenneth N. Thayer, Esq.

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CERTIFICATE OF SERVICE
I hereby certify that on July 30, 2018, a copy of the foregoing MOTION FOR
ADMISSION PRO HAC VICE OF NAACP LEGAL DEFENSE AND EDUCATIONAL FUND,
INC. was filed through the Court’s ECF system, which provided notice of this filing to all counsel
of record via the CM/ECF system.

/s/ Kenneth N. Thayer
Kenneth N. Thayer, Esq.

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