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

Filing 577

Request for Judicial Notice by Students for Fair Admissions, Inc.. (Attachments: # 1 Exhibit DX-13, # 2 Exhibit DX-40, # 3 Exhibit P500)(Mortara, Adam)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS BOSTON DIVISION STUDENTS FOR FAIR ADMISSIONS, INC., Plaintiff, v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE, Defendant. Civil Action No. 1:14-cv-14176-ADB REQUEST FOR JUDICIAL NOTICE Plaintiff Students for Fair Admissions, Inc. files this request for judicial notice as the Court invited in its Memorandum and Order on Cross-Motions for Summary Judgment (D.I. 566 at 29 n.18) and during the pretrial conference.1 Pursuant to Federal Rule of Civil Procedure 201(b), SFFA asks the Court to take judicial notice of the following: The Report of the College Working Group on Diversity and Inclusion at Harvard, issued in November 2015, stated that “[u]nder the presidency of Abbott Lawrence Lowell (1909-1933), the Harvard administration restricted the numbers of Jewish students.” (DX-13.) The Harvard President’s Report: 1993-1995 stated that “President A. Lawrence Lowell . . . called for quotas on the number of Jewish students admitted to Harvard.” (DX-40.) In 1926, the Board of Overseers of Harvard College adopted a recommendation that “the rules for the admission of candidates be amended to lay greater emphasis on selection based on character and fitness, and the promise of the greatest usefulness in the future as a result of a Harvard education.” (P500.) 1 Harvard does not oppose this motion, without prejudice to Harvard’s continuing objection to the relevance of these judicially noticeable facts to SFFA’s claims. Dated: October 8, 2018 Respectfully submitted, /s/ Adam K. Mortara Adam K. Mortara J. Scott McBride Krista J. Perry Bartlit Beck Herman Palenchar & Scott LLP 54 West Hubbard Street, Suite 300 Chicago, IL 60654 312.494.4400 John M. Hughes Katherine L.I. Hacker Meg E. Fasulo Bartlit Beck Herman Palenchar & Scott LLP 1801 Wewatta Street, Suite 1200 Denver, CO 80202 303.592.3100 William S. Consovoy Thomas R. McCarthy Michael H. Park J. Michael Connolly CONSOVOY MCCARTHY PARK PLLC 3033 Wilson Boulevard, Suite 700 Arlington, Virginia 22201 703.243.9423 Patrick Strawbridge BBO #678274 CONSOVOY MCCARTHY PARK PLLC Ten Post Office Square 8th Floor South PMB #706 Boston, MA 02109 617.227.0548 2 Paul M. Sanford BBO #566318 BURNS & LEVINSON LLP One Citizens Plaza, Suite 1100 Providence, RI 02903 617.345.3000 Attorneys for Plaintiff Students for Fair Admissions, Inc. 3 CERTIFICATE OF CONFERENCE Pursuant to Local Rule 7.1(a), the undersigned conferred with counsel for Defendant on October 5, 2018. Defendant consents to the relief requested in this motion as explained in Footnote 1. /s/ Katherine L.I. Hacker 4 CERTIFICATE OF SERVICE I hereby certify that this document, filed through the ECF system will be sent electronically to the registered participants as identified in the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on this 8th day of October, 2018. /s/ Adam K. Mortara 5

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