Students for Fair Admissions, Inc. v. President and Fellows of Harvard College et al
Filing
496
Assented to MOTION to Seal Statement of Interest by United States.(Donnelly, Matthew)
Case 1:14-cv-14176-ADB Document 496 Filed 08/30/18 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MASSACHUSETTS
BOSTON DIVISION
STUDENTS FOR FAIR ADMISSIONS, INC.,
Plaintiff,
No. 1:14-cv-14176-ADB
v.
PRESIDENT AND FELLOWS OF HARVARD
COLLEGE (HARVARD CORPORATION),
Defendant.
UNITED STATES’ MOTION TO SEAL PORTIONS OF ITS
STATEMENT OF INTEREST IN SUMMARY JUDGMENT
Pursuant to Local Rule 7.2, the United States moves this Court for an order sealing
portions of its forthcoming Statement of Interest. The United States intends to file a Statement
of Interest on August 30, 2018, pursuant to 28 U.S.C. § 517 and this Court’s orders, see July, 24,
2018, Elec. Ord., ECF No. 432. (granting leave to any interested party to file an amicus brief).
As previously explained, the United States is currently conducting an independent Title
VI investigation into whether Harvard’s admissions policy and practices discriminate against
Asian-American applicants to Harvard College. See generally U.S. Notice of Interest in Public
Access to Summ. J. Briefing and Materials, ECF No. 395. Pursuant to its Title VI investigative
authority, see 28 C.F.R. § 42.106, United States Department of Justice has secured most of the
discovery materials that Defendant Harvard has designated as confidential and highly
confidential in this case, and obtained most portions of the sealed versions of the parties’
summary judgment briefs, statements of facts, and exhibits. The United States’ forthcoming
Case 1:14-cv-14176-ADB Document 496 Filed 08/30/18 Page 2 of 4
Statement of Interest cites, refers to, and sometimes directly quotes the portions of the parties’
summary judgment materials that are currently under seal. 1
This Court has not yet ruled on the parties’ dispute regarding whether these sealed
portions of summary judgment materials should be released to the public. See generally Jt. Mot.
to Seal Certain Information, ECF No. 410; SFFA Mem. in Opp’n to Harv. Mot. to Seal, ECF No.
427. To maintain the parties’ current level of sealing, the United States requests that the Court
allow the United States to file portions of its Statement of Interest under seal, and that the
document subject to this Motion be impounded until further order of the Court. See L.R. 7.2(a);
see also Elec. Ord. Gr. [Harv.] Mot. to Seal, ECF No 431 (granting similar request). If further
order of this Court does not order a release to the public, the United States requests that the
document subject to this Motion be returned to undersigned counsel for any post-impoundment
period. Id.
For the reasons above, the United States respectfully requests that the Court grant this
Motion and allow the United States to file under seal portions of its forthcoming Statement of
Interest.
Respectfully submitted,
John M. Gore
Acting Assistant Attorney General
Sean R. Keveney
Acting Senior Counsel
1
Defendant Harvard has designated these materials as Confidential or Highly
Confidential—Attorneys’ Eyes Only pursuant to the Stipulated Protective Order, ECF No. 55.
2
Case 1:14-cv-14176-ADB Document 496 Filed 08/30/18 Page 3 of 4
/s/ Matthew J. Donnelly
Matthew J. Donnelly (IL Bar #6281308)
Hilary F. Pinion (VA Bar #46872)
Attorneys
United States Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Washington, DC 20530
202-616-2788
matthew.donnelly@usdoj.gov
DATED: August 30, 2018
3
Case 1:14-cv-14176-ADB Document 496 Filed 08/30/18 Page 4 of 4
CERTIFICATE OF CONFERENCE
Pursuant to Local Rule 7.1(a), I hereby certify that I have conferred with counsel for the
plaintiff and defendant regarding this Motion and both indicated that they did not object to the
requested relief.
/s/ Matthew J. Donnelly
Matthew J. Donnelly
Attorney for the United States
CERTIFICATE OF SERVICE
I hereby certify that this document filed through the CM/ECF system will be sent
electronically to the registered participants as identified on the Notice of Electronic Filing
(“NEF”).
/s/ Matthew J. Donnelly
Matthew J. Donnelly
Attorney for the United States
4
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