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

Filing 73

MOTION for Leave to File Reply Memorandum In Support Of Motion To Stay by President and Fellows of Harvard College. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(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.

HARVARD’S MOTION FOR LEAVE TO FILE A REPLY
MEMORANDUM IN SUPPORT OF THE MOTION TO STAY
Pursuant to Local Rule 7.1(b)(3), Defendant President and Fellows of Harvard College
(“Harvard”) respectfully seeks leave of the Court to submit a nine-page reply in support of its
Motion to Stay (Dkt. 58). The Proposed Reply Memorandum of Law is attached to this Motion
as Exhibit A, and a supporting declaration is attached as Exhibit B. Pursuant to Local Rule
7.1(a)(2), undersigned counsel hereby certify that we have conferred in good faith with counsel
for the Plaintiff, but have been unable to resolve the issues presented by this motion.
A reply memorandum is necessary because in its Opposition (Dkt. 71), Plaintiff Students
for Fair Admissions, Inc. (“SFFA”) makes several assertions of law and fact that require a
response. First, SFFA mischaracterizes the governing standard for the grant of a stay. Second,
SFFA misstates the issues before the Supreme Court in Fisher v. University of Texas at Austin,
No. 14-981 (“Fisher II”). Third, SFFA’s arguments about Fisher II’s potential effect on this
litigation ignore the significant effect that Supreme Court affirmative action precedent has on all
stages of this litigation. Finally, allowing Harvard to file this Reply will not cause delay in the

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consideration of these issues because Harvard will file its Reply in advance of the July 21, 2015
status conference.
WHEREFORE, Harvard respectfully requests that the Court grant its motion for leave to
file a reply in support of its 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]
Dated: July 21, 2015

Counsel for Defendant President and
Fellows of Harvard College

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CERTIFICATE OF CONFERENCE
In accordance with Local Rule 7.1(a), I hereby certify that counsel for Harvard has
conferred with counsel for Students for Fair Admissions, Inc. in a good faith effort to resolve or
narrow the issues presented in this motion.
/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 the registered participants as identified on the Notice of Electronic Filing and
that paper copies will be sent to those indicated as non-registered participants on July 21, 2015.
/s/ Felicia H. Ellsworth
Felicia H. Ellsworth

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