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

Filing 588

MOTION Admit Exhibit P9 by Students for Fair Admissions, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Mortara, Adam)

Exhibit 2

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Erin E. Driver-Linn

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF MASSACHUSETTS

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**********************************

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STUDENTS FOR FAIR ADMISSIONS, INC.,

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Plaintiff

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vs.

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PRESIDENT AND FELLOWS OF

CA NO. 1:14-CV-14176

HARVARD COLLEGE
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(HARVARD CORPORATION),

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Defendant
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**********************************
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HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
DEPOSITION OF:

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ERIN E. DRIVER-LINN

WILMERHALE

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60 State Street

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Boston, Massachusetts

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July 27, 2017

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9:03 a.m.

Darlene M. Coppola

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Registered Merit Reporter

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Certified Realtime Reporter

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Job no. 127103
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Erin E. Driver-Linn
designations.

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(Exhibit No. 5 marked

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for identification.)

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BY MR. STRAWBRIDGE:
Q.

I'm handing you a document that's

been marked as Exhibit 5.

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Take a minute and familiarize

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yourself with the document.

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you've seen it before.

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A.

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Let me know if

(Witness reviews document.)
Yes, I have seen this document or

one very much like it.
Q.

Did you, in fact, review this

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document in preparation for your deposition

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today?

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A.

I believe so.

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Q.

So what is this document?

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A.

Draft admissions, Part 2,

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subtitle.

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Q.

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cover.

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of what this document is.

But that's what it says on the
But I'm asking for your description

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Erin E. Driver-Linn

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MS. ELLSWORTH:

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A.

Objection.

I believe it to be an internal work

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product.

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BY MR. STRAWBRIDGE:

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Q.

Why do you believe it to be an

internal work product?
A.

Because it has blank pages, because

it has a subtitle called "subtitle,"

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because the exhibits are very exploratory

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and very limited.

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Q.

Who prepared this document?

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A.

I'm not sure.

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Q.

You don't have any idea who prepared

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this documents?

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MS. ELLSWORTH:
A.

Objection.

That's not what I said.

BY MR. STRAWBRIDGE:
Q.

Okay.

What do you know about who

prepared this document?
A.

I think it likely involved Erica

Bever and/or Mark Hansen.

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Q.

Why do you think that?

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A.

Because they were working on similar

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kinds of work products.
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Erin E. Driver-Linn
Q.

And why were they working on these

kinds of work products?

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MS. ELLSWORTH:
A.

Q.

being?
Who asked OIR to prepare this work
product?

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Yes.
How did this work product come into

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Can you be more specific?

BY MR. STRAWBRIDGE:

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Objection.

MS. ELLSWORTH:
A.

Objection.

I don't know.

BY MR. STRAWBRIDGE:
Q.

What steps did you take to try to

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educate yourself as to how this work

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product came into being in preparation for

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your deposition today?

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A.

I looked at a document like this, or

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maybe this exact one, talked with John

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Scanlon and Liam Schwartz.

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Q.

And nobody -- none of them knew why

this document was created?

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A.

They did not remember.

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Q.

Was this document created to answer
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Erin E. Driver-Linn

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CERTIFICATION

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I, DARLENE M. COPPOLA, a Notary Public, do hereby

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certify that ERIN E. DRIVER-LINN, after having

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satisfactorily identifying herself, came before me on

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the 27th day of July, 2017, in Boston, Massachusetts,

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and was by me duly sworn to testify to the truth and

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nothing but the truth as to her knowledge touching and

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concerning the matters in controversy in this cause;

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that she was thereupon examined upon her oath and said

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examination reduced to writing by me; and that the

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statement is a true record of the testimony given by

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the witness, to the best of my knowledge and ability.

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I further certify that I am not a relative or

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employee of counsel/attorney for any of the parties,

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nor a relative or employee of such parties, nor am I

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financially interested in the outcome of the action.

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WITNESS MY HAND THIS 9th day of August, 2017.

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___________________________

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DARLENE M. COPPOLA

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NOTARY PUBLIC

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REGISTERED MERIT REPORTER

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CERTIFIED REALTIME REPORTER

My commission expires:
November 11, 2022

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