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).

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: [phone]
[e-mail]
/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: [phone]
[e-mail]
/s/ Nicole K. Ochi
Nicole K. Ochi (pro hac vice)
ASIAN AMERICANS ADVANCING JUSTICE
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1145 Wilshire Boulevards
Los Angeles, CA 90017
Tel: [phone]
[e-mail]
/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: [phone]
[e-mail]
Dated: September 21, 2018

COUNSEL FOR AMICI CURIAE

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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

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