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

Filing 581

NOTICE 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 re 575 Memorandum & ORDER REGARDING TRIAL WITNESSES, REQUEST FOR DATE CERTAIN FOR STUDENT TESTIMONY, AND NOTICE OF INTENT TO PRESENT ORAL OPENING STATEMENT (Culleen, Lawrence)

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.

STUDENT AMICI CURIAE NOTICE REGARDING TRIAL WITNESSES, REQUEST
FOR DATE CERTAIN FOR STUDENT TESTIMONY, AND NOTICE OF INTENT TO
PRESENT ORAL OPENING STATEMENT
Pursuant to this Court’s October 3, 2018 Order Regarding Motions to Participate in Trial
Proceedings Filed by amici curiae, Students submit the following notice regarding (1) the names
of the witnesses whose testimony Students intend to offer at trial; (2) their request that the Court
reserve October 29, 2018 for testimony by all eight witnesses presented by Students and
Organizations; (3) the identification of and confirmation of service of the exhibits that Students
intend to present as part of their testimony; (4) Students’ intent to deliver an opening statement in
court rather in writing; and (5) confirmation that attorneys presenting on behalf of Students
comply with this Court’s order that oral arguments and examinations be presented by attorneys
with five years or less of experience.
I.

Students’ Witnesses and Examining Attorneys
In its October 3, 2018 Order, this Court ruled that Students may present the testimony of

“up to 4 witness from among the individuals identified in their motion.” In accordance with this

Order, Students shall present testimony of the following witnesses through oral examination,
each of whom was identified in Students’ August 31, 2018 Motion to Participate in Trial:
1. Sally Chen: Senior, Harvard University;
2. Thang Diep: Senior, Harvard University;
3. Itzel Libertad Vasquez-Rodriguez: Alumna, Harvard University, Class of 2017;
4. Sarah Cole: Alumna, Harvard University, Class of 2016.
Consistent with this Court’s order, examination of these witnesses will be conducted by
attorneys with five years or less experience. Ms. Genevieve Bonadies Torres of the Lawyers’
Committee for Civil Rights Under Law is a 2013 law school graduate and Ms. Emma Dinan of
Arnold & Porter Kaye Scholer LLP is a 2014 law school graduate.
II.

Proposed Date Certain for Amici Testimony
Students request that this Court reserve and schedule a single trial day for the testimony

of all eight amici witnesses at some point after SFFA concludes its case in chief. Students
propose October 29 for amici testimony to allow SFFA sufficient time to conclude its case.
Students have consulted with Jennifer Holmes, counsel at Legal Defense Fund for Organizations,
and confirmed that all four of their witnesses are also available on that date. Two of Students’
witnesses and one of Organizations’ witnesses must travel from out of town to present
testimony, and allowing them to testify on Monday, October 29 will minimize the amount of
work missed to provide testimony in this important case. Additionally, one of Students’
witnesses is only available to testify on October 29.
As set forth in the Order, Students have conferred with the parties regarding the proposed
presentation of testimony on October 29. While SFFA agrees that it would be helpful to have all
of the amici witnesses appear on a single day following the conclusion of their case, they do not

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consent to the Court scheduling a date certain for amici testimony given the fact that they are
uncertain how long it will take for them to present their evidence.
Harvard does not object to setting October 29 as the date for amicus witness testimony,
and is willing to break up the presentation of its case in chief to allow the amicus testimony to
take place on the day most convenient for the witnesses and the Court. Harvard’s sole concern is
that the amicus testimony not break up the testimony of any individual Harvard witness. If the
Court sets October 29 as the date for amici to testify, and the testimony of Harvard’s witnesses
will not be completed before October 29, then Harvard suggests that the amicus witnesses be
permitted to testify October 29 on the condition that Harvard be permitted to defer until October
30 the testimony of any Harvard witness whose testimony could not be completed before the
amicus witnesses’ testimony.
III.

Students’ Exhibits
Students intend to use up to four exhibits consisting of the complete and redacted

application and admissions materials for Students’ witnesses.1
Exhibit
SA-1

Description
Harvard University Admissions File – Sally Chen

SA-2

Harvard University Admissions File – Thang Diep

SA-3

Harvard University Admissions File – Itzel Libertad Vasquez-Rodriguez

SA-4

Harvard University Admissions File – Sarah Cole
Harvard is providing the exhibits to the parties on October 12, 2018. Students are

notifying both parties of their intention to use these exhibits and providing the parties copies of
those documents on October 12, 2018.

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Harvard has designated these exhibits as Highly Confidential – Attorney’s Eyes Only.

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IV.

Students’ Opening Statement and Presenting Attorneys
The Court’s October 3, 2018 Order permits Students to either submit a written opening

statement, or 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 or less years of experience.” Students submit this
Notice of their intent to present an oral opening statement to be delivered by Ms. Torres. As a
2013 law school graduate, Ms. Torres’ presentation of Students’ opening statement complies
with the Court’s directive that amici counsel delivering opening statements have “5 years or less
of experience.”

Dated: October 12, 2018
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/ Jon M. Greenbaum
Kristen Clarke
Jon M. Greenbaum (pro hac vice)
Brenda Shum (pro hac vice)
Genevieve Bonadies Torres (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]
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 October 12, 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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