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

Filing 97

MOTION for Leave to File A Sur-Reply Memorandum In Opposition to SFFA's Motion to Compel by President and Fellows of Harvard College. (Attachments: # 1 Exhibit A)(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 SUR-REPLY
MEMORANDUM IN OPPOSITION TO SFFA’S MOTION TO COMPEL
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 three-page sur-reply in opposition
to SFFA’s Motion to Compel (Dkt. 64). The Proposed Sur-Reply is attached to this Motion as
Exhibit A. 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 sur-reply is necessary because in its Reply Memorandum (Dkt. 94), Plaintiff Students
for Fair Admissions, Inc. (“SFFA”) demands the production of information not sought in its
initial Motion (Reply at 6 & n.3) and raises a new argument concerning the extent to which that
information implicates the Family Educational Rights and Privacy Act (“FERPA”), which the
parties have not previously addressed.
WHEREFORE, Harvard respectfully requests that the Court allow it to file a sur-reply in
opposition to SFFA’s Motion to Compel.

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Respectfully submitted,
/s/ Felicia H. Ellsworth
Felicia H. Ellsworth (BBO #665232)
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Tel: [phone]
Fax: [phone]
[e-mail]
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]

Dated: August 14, 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 August 14,
2015.
/s/ Felicia H. Ellsworth
Felicia H. Ellsworth

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