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

Filing 551

Unopposed Motion for leave to File a Reply in regards to 518 MOTION Participate in Trial Proceedings filed by M. B., K. C., Sarah Cole, Y. D., G. E., A. G., I. G., R. H., J. L., Fadhal Moore, Arjini Kumari Nawal, R. S., Itzel Vasquez-Rodriguez, Keyanna Wigglesworth. (Attachments: # 1 Exhibit)(Culleen, Lawrence) Modified on 9/25/2018 (McDonagh, Christina).

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UNITED STATES DISTRICT COURT FOR THE DISTRICT COURT 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. UNOPPOSED MOTION FOR LEAVE TO SUBMIT REPLY ON BEHALF OF STUDENT AMICI CURIAE Students request leave pursuant to local rule 7.1(b)(3) to file a Reply to SFFA’s Opposition and Harvard’s Response to Students’ Motion to Participate in Trial, attached as Exhibit 1. Students have conferred with the parties; Harvard assents and SFFA does not oppose. Students seek to respond to arguments that SFFA submitted in opposition to Students’ Motion. (Dkt. 543.) SFFA misconstrues the law and the facts in opposing Students’ participation at trial. Contrary to SFFA’s claims, this Court has ample authority to permit Students’ participation, and Students would play a distinct, important, and beneficial role to help ensure a complete and plenary presentation of difficult issues so that this Court may reach a proper decision. Harvard notably agrees that Students’ participation as witnesses would aid this Court. Harvard also raises no concerns about judicial expediency with regard to Students’ presenting testimony or participating in opening and closing arguments. Harvard’s only objection to Students’ Motion is Students’ request to cross-examine SFFA’s expert witness Dr. Arcidiacono. (Dkt. 541 at 3.) Harvard’s apparent concern is that Students’ examination would likely be duplicative of Harvard’s. (Id.) But Students’ interests diverge from both parties with regard to SFFA’s intentional discrimination claim, and their cross-examination would likewise solicit important testimony which otherwise may not surface in trial. Because Students intend to present distinct arguments, Students participation at trial would not lead to duplicative examinations and would meaningfully develop the factual record on key issues. Wherefore, Students respectfully request that the Court grant them leave to file a Reply. Respectfully Submitted, /s/ Oren M. Sellstrom Oren M. Sellstrom (BBO #569045) LAWYERS’ COMMITTEE FOR CIVIL RIGHTS AND ECONOMIC JUSTICE 61 Batterymarch Street, Fifth Floor Boston, MA 02110 Tel: 617-988-0608 /s/ Genevieve Bonadies Torres Genevieve Bonadies Torres (pro hac vice) Kristen Clarke Jon M. Greenbaum (pro hac vice) Brenda Shum (pro hac vice) LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1500 K Street, NW Washington, DC 20005 Tel: (202) 662-8600 /s/ Nicole K. Ochi Nicole K. Ochi (pro hac vice) ASIAN AMERICANS ADVANCING JUSTICE 2 1145 Wilshire Boulevards Los Angeles, CA 90017 Tel: (213) 241-0211 /s/ Lawrence Culleen Lawrence Culleen (pro hac vice) Nancy Perkins (pro hac vice) Steven Mayer (pro hac vice) Emma Dinan (pro hac vice) ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Ave., NW Washington, DC 20001 Tel: (202) 942-5477 Dated: September 21, 2018 COUNSEL FOR AMICI CURIAE 3 CERTIFICATE OF SERVICE In accordance with Local Rule 5.2(b), I hereby certify that this document filed through the ECF system on September 21, 2018 will be sent electronically to the registered participants as identified on the Notice of Electronic Filing. /s/ Lawrence Culleen Lawrence Culleen 4

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