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

Filing 480

MOTION for Leave to File Reply 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 Exhibit 1 - Proposed Reply to Students for Fair Admissions, Inc.'s Memorandum in Opposition to Amici Organizations' Motion to Participate as Amici Curiae)(Kleinman, Rachel)

UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF MASSACHUSETTS
BOSTON DIVISION

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

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

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

MOTION FOR LEAVE TO SUBMIT REPLY ON BEHALF OF
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,
HARVARD UNIVERSITY MUSLIM ALUMNI, AND
HARVARD LATINO ALUMNI ALLIANCE

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, Harvard University Muslim Alumni, and Harvard Latino
Alumni Alliance (collectively “Amici Organizations”) request leave pursuant to local rule
7.1(b)(3) to file a Reply to Plaintiff’s Memorandum in Opposition to Amici Organization’s Motion
for Leave to File to Participate as Amici Curiae, attached hereto as Exhibit 1.
Amici Organizations seek to respond to arguments that Plaintiff Students for Fair
Admissions (“SFFA”) submitted in opposition to Amici Organizations’ Motion, after this court
had already granted Amici Organizations’ Motion to Participate as Amici and submit declarations.
ECF No. 455. SFFA erroneously asks the Court to strike the declarations that Amici Organizations
filed on behalf of a diverse coalition of Harvard student and alumni organizations, which represent
thousands of Harvard students and alumni who are directly impacted by the race-conscious
admissions policy at issue in this case. See ECF No. 479. Doing so would exclude key arguments
made in Amici Organization’s amicus brief and would deprive this Court of important information
in its adjudication of Defendant’s motion for summary judgment. See ECF No. 479-1 (proposing
to strike the concerns voiced by Harvard student declarants on pages 4, 5, 16-20, 23-24, 26-28 of
ECF No. 455).

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WHEREFORE, the Proposed Amici Organizations respectfully request that the Court grant
them leave to file a reply.

Dated: August 16, 2018
Respectfully submitted,
/s/ Rachel Kleinman
Sherrilyn Ifill*
Janai Nelson*
Samuel Spital*
Jin Hee Lee*
Rachel Kleinman*
Cara McClellan*
NAACP Legal Defense &
Educational Fund, Inc.
40 Rector Street, 5th Floor
New York, NY 10006
[phone]
Michaele N. Turnage Young*
Jennifer A. Holmes*
NAACP Legal Defense &
Educational Fund, Inc.
700 14th Street NW, Suite 600
Washington, DC 20005
[phone]
/s/ Kate R. Cook
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]
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
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Association, Harvard-Radcliffe Asian
American Women’s Association, Harvard
Asian American Brotherhood, Harvard
Vietnamese Association, Harvard-Radcliffe
Chinese Students 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,
Harvard University Muslim Alumni, and
Harvard Latino Alumni Alliance
*Admitted Pro Hac Vice

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CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1
I hereby certify that counsel for the above-listed Amici Curiae conferred with counsel for
the Defendant, President and Fellows of Harvard College (Harvard Corporation), on August 15,
2018, and with counsel for the Plaintiff, Students for Fair Admissions, Inc., on August 15, 2018.
The Defendant and Plaintiff assent to Amici Organizations filing a reply.

/s/ Rachel Kleinman
Rachel Kleinman*
NAACP Legal Defense &
Educational Fund, Inc.
40 Rector Street, 5th Floor
New York, NY 10006
[phone]
*Admitted Pro Hac Vice

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CERTIFICATE OF SERVICE
I hereby certify that on the 16th day of August, 2018, a copy of the above and foregoing
MOTION FOR LEAVE TO SUBMIT REPLY was filed electronically with the Clerk of Court
using the CM/ECF system. Notice of this filing will be sent to all counsel of record by operation
of the court’s electronic filing system.

/s/ Rachel Kleinman
Rachel Kleinman*
NAACP Legal Defense &
Educational Fund, Inc.
40 Rector Street, 5th Floor
New York, NY 10006
[phone]

*Admitted Pro Hac Vice

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