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

Filing 64

MOTION to Compel Production by Students for Fair Admissions, Inc..(Caldwell, Benjamin)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
STUDENTS FOR FAIR ADMISSIONS, INC.,
Plaintiff,
v.

Civil Action No. 1:14-cv-14176-ADB

PRESIDENT AND FELLOWS OF HARVARD
COLLEGE (HARVARD CORPORATION),
REQUEST FOR
ORAL ARGUMENT

Defendant.

PLAINTIFF’S MOTION TO COMPEL PRODUCTION
Pursuant to Local Rules 7.1(b) and 37.1, Plaintiff, Students for Fair Admissions,
Inc. (“SFFA”), hereby moves this Honorable Court for an order compelling Defendant,
the President and Fellows of Harvard College (“Harvard”), to comply with certain
Requests for Production of Documents SFFA served on Harvard (“Requests”).
Specifically, SFFA seeks an order requiring Harvard to provide (a) a preliminary sample
of 6,400 application files consistent with Request No. 24, (b) the names of a subset of
alumni interviewers as set forth in Request No. 19, and (c) documents regarding
Harvard’s transfer admissions process on the same terms Harvard produces information
regarding its freshman admission process.
In support thereof, SFFA relies upon the accompanying Memorandum of Law
(including exhibits appended to the declaration from SFFA’s counsel).
WHEREFORE, SFFA respectfully requests that the Court enter a 20-day order
compelling Harvard to: (a) comply fully with Requests Nos. 19 and 24; (b) to produce
documents regarding its transfer admissions process on the same terms it produces

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information regarding its freshman admission process in response to the Requests; and (c)
grant such other and further relief as the Court sees fit.

Respectfully submitted,
By: /s/ William S. Consovoy
William S. Consovoy

Paul M. Sanford BBO #566318
Benjamin C. Caldwell BBO #675061
BURNS & LEVINSON LLP
One Citizens Plaza, Suite 1100
Providence, RI 02903
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

William S. Consovoy
Thomas R. McCarthy
J. Michael Connolly
CONSOVOY MCCARTHY PARK PLLC
3033 Wilson Boulevard, Suite 700
Arlington, Virginia 22201
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

Dated: July 16, 2015

Patrick Strawbridge BBO #678274
CONSOVOY MCCARTHY PARK PLLC
Ten Post Office Square
8th Floor South PMB #706
Boston, MA 02109
Tel: [phone]
[e-mail]
Counsel for Plaintiff Students for Fair
Admissions, Inc.

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CERTIFICATE OF CONFERENCE
In accordance with Local Rules 7.1(a) and 37.1, I hereby certify that I conferred
and attempted in good faith to resolve or narrow the issues set forth in this motion with
Defendant’s counsel, including via telephone on June 23, 2015, and subsequent e-mail
correspondence.
/s/ Patrick Strawbridge
Patrick Strawbridge
CERTIFICATE OF SERVICE
In accordance with Local Rule 5.2(b), I hereby certify that this document was
filed through the Court’s ECF system on July 16, 2015 will be sent electronically to the
registered participants identified on the Notice of Electronic Filing.
/s/ Patrick Strawbridge
Patrick Strawbridge

4845-8904-1189.1

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