Students for Fair Admissions, Inc. v. President and Fellows of Harvard College et al
Filing
579
NOTICE by 21 Colorful Crimson, Association of Black Harvard Women, Coalition for a Diverse Harvard, First Generation Harvard Alumni, Fuerza Latina of Harvard, Harvard Asian American Alumni Alliance, Harvard Asian American Brotherhood, Harvard Black Alumni Society, Harvard Islamic Society, Harvard Japan Society, Harvard Korean Association, Harvard Latino Alumni Alliance, Harvard Minority Association of Pre-Medical Students, Harvard Phillips Brooks House Association, Harvard South Asian Association, Harvard University Muslim Alumni, Harvard Vietnamese Association, Harvard-Radcliffe Asian American Association, Harvard-Radcliffe Asian American Women's Association, Harvard-Radcliffe Black Students Association, Harvard-Radcliffe Chinese Students Association, Kuumba Singers of Harvard College, Native American Alumni of Harvard University, Native Americans At Harvard College, Task Force on Asian and Pacific American Studies at Harvard College re 575 Memorandum & ORDER Regarding Witnesses and Opening Statement (Thayer, Kenneth)
Case 1:14-cv-14176-ADB Document 579 Filed 10/10/18 Page 1 of 5
UNITED STATES DISTRICT COURT FOR
THE DISTRICT 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.
AMICI CURIAE HARVARD STUDENT AND ALUMNI ORGANIZATIONS’ NOTICE
REGARDING TRIAL WITNESSES AND REQUEST REGARDING DELIVERY OF
OPENING STATEMENT
Pursuant to this Court’s October 3, 2018 Order Regarding Motions to Participate in Trial
Proceedings by Amici Curiae, the amici Harvard Student and Alumni Organizations
(“Organization Amici”) submit the following notice and request concerning (1) the names of the
witnesses whose testimony Organization Amici intend to offer at trial, and (2) Organization
Amici’s intent to deliver its opening statement in court rather than in writing.
I.
Organization Amici Witnesses
In its October 3rd Order, this Court ruled that Organization Amici may present “up to 4
witnesses from among the individuals identified in their motion[] . . . .” (Order at 5.) In
accordance with this Order, Organization Amici shall present the following witnesses:
1.
Catherine Ho, Co-President, Asian American Women’s Association;
Case 1:14-cv-14176-ADB Document 579 Filed 10/10/18 Page 2 of 5
2.
Margaret Chin, Co-founder and Board member of the Coalition for a Diverse
Harvard, Past President of the Harvard-Radcliffe Asian American Association, and former Board
member of the Harvard Asian American Alumni Alliance;
3.
Cecilia Nuñez, Vice President, Fuerza Latina of Harvard, and an officer of the
Phillips Brooks House Association; and
4.
Madison Trice, Political Action Chair of the Association of Black Harvard
Women, and a member of the Harvard-Radcliffe Black Students Association.
Each of the foregoing witnesses was identified in Organization Amici’s September 7,
2018 motion and has submitted a declaration in this matter. Organization Amici are in the
process of conferring with the Student Amici and the parties regarding the scheduling of witness
testimony, as set forth in the Court’s Order.
II.
Organization Amici’s Opening Statement
The Court’s October 3rd Order permits Organization Amici to either “submit a written
opening statement or to deliver an opening statement in court, provided that it is (a) less than 15
minutes in length, and (b) delivered by an attorney with 5 years or less of experience.” (Order at
4.) Organization Amici submit this Notice of their intent to present an oral opening statement, to
be delivered by attorney Jennifer A. Holmes of the NAACP Legal Defense & Education Fund
(“LDF”).
As a 2012 law school graduate, Ms. Holmes falls just beyond the Court’s directive that
amici counsel delivering opening statements have “5 years or less of experience.” Organization
Amici request that the Court modestly extend the parameters of its Order to permit Ms. Holmes’
delivery of the opening statement and examination of two witnesses for the following reasons:
first, Ms. Holmes is the second-most junior attorney working for LDF on this matter, and the
2
Case 1:14-cv-14176-ADB Document 579 Filed 10/10/18 Page 3 of 5
least-tenured attorney on the case will be unavailable on October 15, 2018 due to an oral
argument scheduled in another matter. Second, Ms. Holmes has not yet had an opportunity to
present an opening statement at trial. Accordingly, allowing Ms. Holmes to deliver the
Organization Amici’s opening statement will be fully consistent with the spirit of the Court’s
Order.
WHEREFORE, Organization Amici respectfully request that the Court allow Ms.
Holmes to deliver the opening statement and examine two Organization Amici witnesses.
Dated: October 10, 2018
Respectfully submitted,
/s/ Jennifer A. Holmes
Michaele N. Turnage Young*
Jennifer A. Holmes*
NAACP Legal Defense &
Educational Fund, Inc.
700 14th Street NW, Suite 600
Washington, DC 20005
(202) 682-1300
Sherrilyn Ifill*
Janai Nelson*
Samuel Spital*
Jin Hee Lee*
Rachel Kleinman*
Cara McClellan*
Earl Kirkland*
NAACP Legal Defense &
Educational Fund, Inc.
40 Rector Street, 5th Floor
New York, NY 10006
(212) 965-2200
3
Case 1:14-cv-14176-ADB Document 579 Filed 10/10/18 Page 4 of 5
/s/ Kenneth N. Thayer
Kenneth N. Thayer, BBO #671029
thayer@sugarmanrogers.com
Kate R. Cook, BBO #650698
cook@sugarmanrogers.com
Sugarman, Rogers, Barshak & Cohen, P.C.
101 Merrimac Street (9th floor)
Boston, MA 02114-4737
(617) 227-3030
Counsel for Amici Curiae 21 Colorful
Crimson, Harvard Black Alumni Society,
Association of Black Harvard Women,
Coalition for a Diverse Harvard, First
Generation Harvard Alumni, Fuerza Latina
of Harvard, Harvard Asian American
Alumni Alliance, Harvard Asian American
Brotherhood, Harvard Islamic Society,
Harvard Japan Society, Harvard Korean
Association, Harvard Latino Alumni
Alliance, Harvard Minority Association of
Pre-Medical Students, Harvard Phillips
Brooks House Association, Harvard South
Asian Association, Harvard University
Muslim Alumni, Harvard Vietnamese
Association, Harvard-Radcliffe Asian
American Association, Harvard-Radcliffe
Asian American Women’s Association,
Harvard-Radcliffe Black Students
Association, Harvard-Radcliffe Chinese
Students Association, Kuumba Singers of
Harvard College, Native American Alumni
of Harvard University, Native Americans at
Harvard College, and Task Force on Asian
and Pacific American Studies at Harvard
College.
*Admitted Pro Hac Vice
4
Case 1:14-cv-14176-ADB Document 579 Filed 10/10/18 Page 5 of 5
CERTIFICATE OF SERVICE
I hereby certify that on the 10th day of October, 2018, a copy of the above and foregoing
document was filed electronically with the Clerk of Court using the CM/ECF system. Notice of
this filing will be sent to all counsel of record by operation of the court’s electronic filing system.
/s/ Kenneth N. Thayer
Kenneth N. Thayer, BBO #671029
thayer@sugarmanrogers.com
Sugarman, Rogers, Barshak & Cohen, P.C.
101 Merrimac Street (9th floor)
Boston, MA 02114-4737
(617) 227-3030
4844-5529-1768, v. 1
5
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