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)

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
[e-mail]
[e-mail]
[e-mail]
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
[e-mail]
[e-mail]
[e-mail]
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
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Patrick Strawbridge BBO #678274
CONSOVOY MCCARTHY PARK PLLC
Ten Post Office Square
8th Floor South PMB #706
Boston, MA 02109
617.227.0548
[e-mail]

2

Paul M. Sanford BBO #566318
BURNS & LEVINSON LLP
One Citizens Plaza, Suite 1100 Providence,
RI 02903
617.345.3000
[e-mail]
[e-mail]
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

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