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

Filing 72

MOTION to Seal by President and Fellows of Harvard College.(Ellsworth, Felicia)

UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF MASSACHUSETTS
BOSTON DIVISION
STUDENTS FOR FAIR ADMISSIONS, INC.,
Plaintiff,
v.
PRESIDENT AND FELLOWS OF HARVARD
COLLEGE (HARVARD CORPORATION),

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

Defendant.

DEFENDANT’S MOTION TO FILE UNDER SEAL UNREDACTED
[PROPOSED] REPLY MEMORANDUM OF LAW AND SUPPORTING MATERIALS
IN SUPPORT OF MOTION TO STAY
Pursuant to Local Rule 7.2 and the Stipulated Protective Order (Dkt. 55), Defendant
President and Fellows of Harvard College (“Harvard”) hereby moves this Honorable Court for an
order sealing (1) the unredacted version of Harvard’s Proposed Reply Memorandum of Law in
support of its Motion to Stay (“Harvard’s Proposed Reply”), and (2) the Declaration of Felicia H.
Ellsworth in support of Harvard’s Proposed Reply (“Ellsworth Declaration”), including its
exhibits, which contain certain interrogatory responses that Plaintiff Students for Fair Admissions,
Inc. (“SFFA”) has designated as Confidential and Highly Confidential – Attorneys’ Eyes Only
pursuant to the Stipulated Protective Order (Dkt. 53).
Harvard is delivering unredacted courtesy copies of all of these materials to the Court in a
sealed envelope. Harvard requests that the documents subject to this Motion be impounded until
further order of the Court. In the event this Court has not previously ordered otherwise, Harvard’s
submission should be returned to its undersigned counsel upon resolution of this matter. Pursuant
to Local Rule 7.1(a)(2), SFFA was made aware of this motion and assents to Harvard’s request to
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file Harvard’s Proposed Reply and the Ellsworth Declaration, together with its exhibits, under
seal.
WHEREFORE, Harvard respectfully requests that the Court grant this motion and allow
Harvard’s Proposed Reply, and the Ellsworth Declaration, together with its exhibits, to be filed
under seal and to be viewed only by the Judge, her clerk(s), and Court personnel in conjunction
with Harvard’s motion to stay.
Respectfully submitted,

/s/ Felicia H. Ellsworth
Seth P. Waxman (pro hac vice)
Paul R.Q. Wolfson (pro hac vice)
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Ave. NW
Washington, D.C. 20006
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Debo P. Adegbile (pro hac vice)
WILMER CUTLER PICKERING
HALE AND DORR LLP
7 World Trade Center
250 Greenwich Street
New York, NY 10007
Tel: [phone]
Fax: [phone]
[e-mail]
Felicia H. Ellsworth (BBO #665232)
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Tel: [phone]
Fax: [phone]
[e-mail]

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Dated: July 21, 2015

Counsel for Defendant President and
Fellows of Harvard College

CERTIFICATE OF CONFERENCE
In accordance with Local Rule 7.1(a), I hereby certify that Students for Fair Admissions’
counsel was made aware of this motion before it was filed and assents to Harvard’s request to file
the unredacted Proposed Reply Memorandum of Law in Support of its Motion to Stay, and the
Ellsworth Declaration and accompanying exhibits under seal.

/s/ Felicia H. Ellsworth
Felicia H. Ellsworth

CERTIFICATE OF SERVICE
I hereby certify that this document filed through the CM/ECF system will be sent
electronically to all counsel of record via the CM/ECF system. The attachments to this motion
were delivered to the Court in a sealed envelope.

/s/ Felicia H. Ellsworth
Felicia H. Ellsworth

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