STUDENTS FOR FAIR ADMISSIONS, INC. v. UNIVERSITY OF NORTH CAROLINA, et al

Filing 29

STIPULATION of Dismissal of party JOINT STIPULATION BY ALL PARTIES TO DISMISS VARIOUS PATIES AND CLAIMS by STUDENTS FOR FAIR ADMISSIONS, INC.. (BOYLE, WILLIAM) Modified on 3/23/2015 per the request of filer.(Coyne, Michelle).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CASE NO. 1:14-CV-954
STUDENTS FOR FAIR
ADMISSIONS, INC.,
Plaintiff,
v.

JOINT STIPULATION OF
VOLUNTARY DISMISSAL

UNIVERSITY OF NORTH
CAROLINA et al.,
Defendants.
Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, it is
hereby stipulated and agreed upon between the parties and their respective counsel as
follows:
1.

All claims pursuant to 42 U.S.C § 1981 (“Section 1981”) stated in Counts I,

II, and III of the Complaint are voluntarily dismissed, without prejudice, in their entirety
against all Defendants.
2.

All remaining claims stated in Counts I, II, and III of the Complaint are

voluntarily dismissed, without prejudice, against defendants the University of North
Carolina Chapel Hill Board of Trustees, W. Lowry Caudill, Alston Gardner, Sallie
Shuping-Russell, Jefferson W. Brown, Phillip L. Clay, Haywood D. Cochrane, Donald
Williams Curtis, Charles G. Duckett, Peter T. Grauer, Kelly Matthews Hopkins, Steven
Lerner, Dwight D. Stone, and Andrew Henry Powell, as members of the Board of

Trustees in their Official Capacity (collectively, the “UNC-Chapel Hill Board of Trustees
Defendants”).
3.

The parties have agreed to the dismissal of the UNC-Chapel Hill Board of

Trustees Defendants on the basis of Defendants’ representation that the UNC-Chapel Hill
Board of Trustees Defendants do not play an active role in setting or implementing the
undergraduate admissions policy of the University of North Carolina-Chapel Hill. Should
discovery in the above-captioned action reveal facts to the contrary, the UNC-Chapel Hill
Board of Trustees Defendants represent that they will consent to being added as
defendants in this litigation. As part of this Joint Stipulation, the UNC-Chapel Hill Board
of Trustees Defendants also represent that they will abide by the terms of any final
judgment or order in the above-captioned litigation, subject to the usual rights of appeal,
entered against any of the remaining Defendants, including any final judgment or order
relating to the conduct of the University of North Carolina-Chapel Hill’s affairs,
including its undergraduate admissions policy.
4.

All claims pursuant to 42 U.S.C § 1983 (“Section 1983”) stated in Counts I,

II, and III of the Complaint are voluntarily dismissed, without prejudice, against
defendants University of North Carolina, the University of North Carolina Board of
Governors, and the University of North Carolina-Chapel Hill.
5.

All claims pursuant to 42 U.S.C § 2000d (“Title VI”) stated in Counts I, II,

and III of the Complaint are voluntarily dismissed, without prejudice, against individual
defendants John C. Fennebresque, W. Louis Bissette, Jr., Joan Templeton Perry, Roger

2

Aiken, Hannah D. Gage, Ann B. Goodnight, H. Frank Frainger, Peter Hans,1 Thomas J.
Harrelson, Henry W. Hinton, James L. Holmes, Jr., Rodney E. Hood, W. Marty Kotis III,
G. Leroy Lail, Scott Lampe, Steven B. Long, Joan G. MacNeill, Mary Ann Maxwell, W.
Edwin McMahan, W.G. Champion Mitchell, Hari H. Math, Anna Spangler Nelson, Alex
Parker, R. Doyle Parrish, Therence O. Pickett, David M. Powers, Robert S. Rippy, Harry
Leo Smith, Jr., J. Craig Souza, George A. Sywassink, Richard F. Taylor, Raiford Trask
III, Phillip D. Walker, Laura I. Wiley, as members of Board of Governors in their Official
Capacity, President of the University of North Carolina Thomas W. Ross, Chancellor of
the University of North Carolina-Chapel Hill Carol L. Folt, Executive Vice Chancellor
and Provost of the University of North Carolina-Chapel Hill James W. Dean, Jr., and
Vice Provost, Enrollment and Undergraduate Admissions Stephen M. Farmer.
6.

Defendants represent that they will Answer the Complaint within two

business days of the filing of this Stipulation of Dismissal.

1

Peter Hans, who was named as a defendant in his official capacity in the Complaint, has resigned from the Board of
Governors and thus any successor will substitute automatically by operation of Fed. R. Civ. P. 25(d).

3

Respectfully submitted this 20th day of March, 2015.
/s/ Michael Scudder
Michael Scudder
Skadden, Arps, Slate, Meagher & Flom,
LLP
155 North Wacker Drive
Chicago, IL 60606-1720
[phone]
E: [e-mail]

ROY COOPER
Attorney General

/s/ Lisa Gilford
Lisa Gilford
Skadden, Arps, Slate, Meagher & Flom,
LLP
300 South Grand Ave.
Suite 3400
Los Angeles, CA 90071
[phone]
E: [e-mail]

/s/ Matthew Tulchin
Matthew Tulchin
Assistant Attorney General
NC State Bar No. 43921
E:[e-mail]
NC Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
T: [phone]

/s/ Stephanie Brennan
Stephanie Brennan
Special Deputy Attorney General
NC State Bar No. 35955
E: [e-mail]

Attorneys for Defendants

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Respectfully submitted this 20th day of March, 2015.
/s/ Thomas R. McCarthy
Consovoy McCarthy PLLC
3033 Wilson Boulevard, Suite 700
Arlington, Virginia 22201
[phone]
E: [e-mail]
/s/ William S. Consovoy
Consovoy McCarthy PLLC
3033 Wilson Boulevard, Suite 700
Arlington, Virginia 22201
[phone]
E: [e-mail]

/s/ W. Ellis Boyle
NC State Bar No.: 33826
Ellis Boyle Law PPLC
507 N. Blount St.
Raleigh, North Carolina 27604
[phone]
E: [e-mail]

/s/ J. Michael Connolly
Consovoy McCarthy PLLC
3033 Wilson Boulevard, Suite 700
Arlington, Virginia 22201
[phone]
E: [e-mail]
Attorneys for Plaintiffs

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