Case: Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) v. Harvard Law Review

COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7354972 (Fee Status: Filing Fee paid), filed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet, # 8 Category Form )(Vien, George) Modified on 10/10/2018 (Montes, Mariliz). (Entered: 10/06/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Civil Cover Sheet

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8 JS45

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MOTION for Leave to Appear Pro Hac Vice for admission of Jonathan F. Mitchell Filing fee: $ 100, receipt number 0101-7355118 by Faculty, Alumni, and Students Opposed to Racial Preferences. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(Vien, George) (Entered: 10/08/2018)

ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) (Entered: 10/09/2018)

Summons Issued as to Betsy DeVos, Harvard Law Review, Harvard Law School, President and Fellows of Harvard College. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (DaSilva, Carolina) (Entered: 10/09/2018)

Judge Douglas P. Woodlock: ORDER OF RECUSAL...In accordance with 28 U.S.C. § 455(a), I hereby recuse myself from this proceeding. The Clerk is directed to return the case for reassignment. (Beatty, Barbara) (Entered: 10/09/2018)

ELECTRONIC NOTICE of Reassignment. District Judge Leo T. Sorokin added. Judge Douglas P. Woodlock no longer assigned to case. (Finn, Mary) (Entered: 10/09/2018)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 2 Motion for Leave to Appear Pro Hac Vice Added Jonathan F. Mitchell. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 10/10/2018)

Set Deadlines: Complete Service by 1/7/2019. (Montes, Mariliz) (Entered: 10/10/2018)

NOTICE of Appearance by Alexander K. Parachini on behalf of Faculty, Alumni, and Students Opposed to Racial Preferences (Parachini, Alexander) (Entered: 10/11/2018)

WAIVER OF SERVICE Returned Executed by Faculty, Alumni, and Students Opposed to Racial Preferences. Harvard Law Review waiver sent on 10/18/2018, answer due 12/17/2018. (Mitchell, Jonathan) (Entered: 10/29/2018)

NOTICE of Appearance by Cristen C. Handley on behalf of Betsy DeVos (Handley, Cristen) (Entered: 10/31/2018)

SUMMONS Returned Executed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Parachini, Alexander) (Entered: 11/06/2018)

WAIVER OF SERVICE Returned Executed by Faculty, Alumni, and Students Opposed to Racial Preferences. President and Fellows of Harvard College waiver sent on 10/18/2018, answer due 12/17/2018. (Parachini, Alexander) (Entered: 11/13/2018)

WAIVER OF SERVICE Returned Executed by Faculty, Alumni, and Students Opposed to Racial Preferences. Harvard Law School waiver sent on 10/18/2018, answer due 12/17/2018. (Parachini, Alexander) (Entered: 11/13/2018)

NOTICE of Appearance by Felicia H. Ellsworth on behalf of Harvard Law School, President and Fellows of Harvard College (Ellsworth, Felicia) (Entered: 11/15/2018)

MOTION for Leave to Appear Pro Hac Vice for admission of Seth P. Waxman and Paul R.Q. Wolfson Filing fee: $ 200, receipt number 0101-7414984 by Harvard Law School, President and Fellows of Harvard College. (Attachments: # 1 Exhibit A- Certification of Seth P. Waxman, # 2 Exhibit B- Certification of Paul R.Q. Wolfson)(Ellsworth, Felicia) (Entered: 11/16/2018)

NOTICE of Appearance by Rayford A. Farquhar on behalf of Betsy DeVos (Farquhar, Rayford) (Entered: 11/16/2018)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 16 Motion for Leave to Appear Pro Hac Vice Added Seth P. Waxman and Paul R.Q. Wolfson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 11/20/2018)

NOTICE of Appearance by Ryan P. McManus on behalf of Harvard Law Review (McManus, Ryan) (Entered: 12/06/2018)

MOTION for Leave to Appear Pro Hac Vice for admission of Donald B. Verrilli, Jr.; Chad Golder; Sarah Boyce; Dila Mignouna Filing fee: $ 400, receipt number 0101-7443861 by Harvard Law Review. (Attachments: # 1 Certification of Donald B. Verrilli, Jr., # 2 Certification of Chad Golder, # 3 Certification of Sarah Boyce, # 4 Certification of Dila Mignouna)(McManus, Ryan) (Entered: 12/06/2018)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 20 Motion for Leave to Appear Pro Hac Vice Added Donald Verrilli, jr., Chad Golder, Sarah Boyce and Dila Mignouna. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 12/14/2018)

Order on Motion for Leave to Appear

MOTION for Leave to Appear Pro Hac Vice for admission of Daniel Winik Filing fee: $ 100, receipt number 0101-7457736 by Harvard Law School, President and Fellows of Harvard College. (Attachments: # 1 Exhibit A - Certification of Daniel Winik in Support of Motion)(Ellsworth, Felicia) (Entered: 12/17/2018)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 12/31/2018) by Harvard Law Review. (McManus, Ryan) Modified on 12/18/2018 to detach memorandum in support and re-docket as a new docket entry (Montes, Mariliz). Modified on 2/6/2019 (Simeone, Maria). (Entered: 12/17/2018)

MOTION to Dismiss by Harvard Law School, President and Fellows of Harvard College.(Waxman, Seth) Modified on 2/6/2019 (Simeone, Maria). (Entered: 12/17/2018)

MEMORANDUM in Support re 24 MOTION to Dismiss filed by Harvard Law School, President and Fellows of Harvard College. (Waxman, Seth) (Entered: 12/17/2018)

MEMORANDUM in Support of 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Harvard Law Review. (Montes, Mariliz) (Entered: 12/18/2018)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 22 Motion for Leave to Appear Pro Hac Vice Added Daniel Winik. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 12/18/2018)

Order on Motion for Leave to Appear

MOTION for Extension of Time to January 7, 2019 to File Response/Reply as to 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 24 MOTION to Dismiss by Faculty, Alumni, and Students Opposed to Racial Preferences.(Mitchell, Jonathan) Modified on 1/2/2019 (Simeone, Maria). (Entered: 12/26/2018)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 1/9/2019) by Betsy DeVos.(Handley, Cristen) Modified on 2/6/2019 (Simeone, Maria). (Entered: 12/26/2018)

MEMORANDUM in Support re 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Betsy DeVos. (Attachments: # 1 Exhibit Declaration of Adrienne Mundy-Shephard)(Handley, Cristen) (Entered: 12/26/2018)

1 Exhibit Declaration of Adrienne Mundy-Shephard

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Honorable Leo T. Sorokin. Electronic order entered. ALLOWED. Reset Deadlines as to 24 MOTION to Dismiss, 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . Responses due by 1/7/2019 (Simeone, Maria) (Entered: 12/27/2018)

Consent MOTION to Stay Briefing Deadline by Betsy DeVos.(Handley, Cristen) (Entered: 01/07/2019)

AMENDED COMPLAINT against Faculty, Alumni, and Students Opposed to Racial Preferences, Coalition for Meritocracy at Universities, filed by Coalition for Meritocracy at Universities. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Mitchell, Jonathan) (Entered: 01/07/2019)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. 32 Defendant's Consent Motion to Stay in Light of Lapse in Appropriations is ALLOWED as to the briefing by movant only. (Montes, Mariliz) (Entered: 01/08/2019)

ELECTRONIC NOTICE of Hearing. A Status Conference has been set for 1/14/2019 02:30 PM in Courtroom 13 before District Judge Leo T. Sorokin. Counsel may appear by phone by calling into the courts conference line at 888-675-2535 access code 9123576. (Simeone, Maria) (Entered: 01/09/2019)

Second MOTION to Stay Litigation in Light of Lapse in Appropriations by Betsy DeVos.(Handley, Cristen) (Entered: 01/09/2019)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The unopposed 36 Defendant, Secretary DeVos's Consent Motion for a Stay in Litigation in Light of Lase in Appropriations is ALLOWED IN PART. The status conference scheduled for January 14, 2019 is CANCELED and this action is STAYED, for now and for no longer than the time period proposed by the movant in the motion. However, the Motion is ALLOWED IN PART in that the Court is not authorizing a stay of unlimited duration. (Montes, Mariliz) (Entered: 01/10/2019)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The stay of this action is hereby LIFTED. By Monday, February 4, 2019, the parties shall confer and file a status report explaining their joint or separate positions regarding: 1) the effect of the amended complaint (Doc. No. 33) on the previously filed motions to dismiss (Doc. Nos. 23, 24, and 29); and 2) the schedule that should govern proceedings on either the existing motions to dismiss or renewed/supplemental motions to dismiss the parties anticipate litigating in response to the amended complaint.( Joint Status Report due by 2/4/2019)(Montes, Mariliz) (Entered: 01/28/2019)

STATUS REPORT Joint Status Report by President and Fellows of Harvard College. (Waxman, Seth) (Entered: 02/04/2019)

STIPULATION of Dismissal as to Defendant Harvard Law School by Harvard Law School, President and Fellows of Harvard College. (Waxman, Seth) (Entered: 02/04/2019)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The court approves the schedule jointly proposed by the parties, including the filing of reply briefs. The previously filed motions to dismiss 23 Motion to Dismiss 24 Motion to Dismiss and 29 Motion to dismiss are DENIED AS MOOT. re 39 Status Report filed by President and Fellows of Harvard College, ( Motions due by 2/28/2019, Responses due by 3/28/2019, Replies due by 4/11/2019.)(Simeone, Maria) (Entered: 02/05/2019)

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Harvard Law Review.(Moore, Michael) (Entered: 02/28/2019)

MEMORANDUM in Support re 42 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Harvard Law Review. (Moore, Michael) (Entered: 02/28/2019)

MOTION to Dismiss the Amended Complaint Under Rules 12(b)(6) and 12(b)(1) by President and Fellows of Harvard College.(Waxman, Seth) (Entered: 02/28/2019)

MEMORANDUM in Support re 44 MOTION to Dismiss the Amended Complaint Under Rules 12(b)(6) and 12(b)(1) filed by President and Fellows of Harvard College. (Waxman, Seth) (Entered: 02/28/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 3/14/2019) by Betsy DeVos.(Handley, Cristen) (Entered: 02/28/2019)

MEMORANDUM in Support re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Betsy DeVos. (Handley, Cristen) (Entered: 02/28/2019)

AFFIDAVIT OF SERVICE Executed by Faculty, Alumni, and Students Opposed to Racial Preferences, Coalition for Meritocracy at Universities. UNITED STATES OF AMERICA served on 2/28/2019, answer due 3/21/2019. Acknowledgement filed by Faculty, Alumni, and Students Opposed to Racial Preferences; Coalition for Meritocracy at Universities. (Mitchell, Jonathan) (Entered: 03/10/2019)

RESPONSE to Motion re 42 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Coalition for Meritocracy at Universities, Faculty, Alumni, and Students Opposed to Racial Preferences. (Attachments: # 1 Exhibit)(Mitchell, Jonathan) (Entered: 03/28/2019)

1 Exhibit

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RESPONSE to Motion re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Coalition for Meritocracy at Universities, Faculty, Alumni, and Students Opposed to Racial Preferences. (Mitchell, Jonathan) (Entered: 03/28/2019)

RESPONSE to Motion re 44 MOTION to Dismiss the Amended Complaint Under Rules 12(b)(6) and 12(b)(1) filed by Coalition for Meritocracy at Universities, Faculty, Alumni, and Students Opposed to Racial Preferences. (Mitchell, Jonathan) (Entered: 03/28/2019)

Consent MOTION for Extension of Time to April 18, 2019 to To File Reply by Betsy DeVos.(Handley, Cristen) (Entered: 03/29/2019)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 52 Motion for Extension of Time to 4/18/19 to file reply to 46 Motion to dismiss (Simeone, Maria) Modified on 4/1/2019 (Simeone, Maria). (Entered: 04/01/2019)

Reset Deadlines as to 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . Replies due by 4/18/2019. (Simeone, Maria) (Entered: 04/01/2019)

Order on Motion for Extension of Time

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Defendant Secretary Betsy DeVos moved to extend the deadline to file her reply to Plaintiffs' response to her motion to dismiss to April 18, 2019. Doc. No. 52. The Court allowed that motion. Doc. No. 53. Although that Order by its terms applied only to DeVos's reply brief, another party has inquired with the Clerk whether the new deadline applies to other parties' reply briefs. The Court now sua sponte extends the deadline for all parties to file reply briefs on the pending motions to dismiss to April 18, 2019.(Montes, Mariliz) (Entered: 04/02/2019)

Order

REPLY to Response to 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Betsy DeVos, UNITED STATES OF AMERICA. (Handley, Cristen) (Entered: 04/18/2019)

REPLY to Response to 44 MOTION to Dismiss the Amended Complaint Under Rules 12(b)(6) and 12(b)(1) filed by President and Fellows of Harvard College. (Waxman, Seth) (Entered: 04/18/2019)

REPLY to Response to 42 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Harvard Law Review. (Moore, Michael) (Entered: 04/18/2019)

ELECTRONIC NOTICE Setting Hearing on Motion:A Motion Hearing on 44 45 46 Motions to Dismiss is set for Thursday, June 20, 2019 at 9:30 AM in Courtroom 13 before District Judge Leo T. Sorokin. 44 MOTION to Dismiss the Amended Complaint Under Rules 12(b)(6) and 12(b)(1), 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 42 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim : Motion Hearing set for 6/20/2019 09:30 AM in Courtroom 13 before District Judge Leo T. Sorokin. (Montes, Mariliz) (Entered: 05/22/2019)

NOTICE of Withdrawal of Appearance by Michael P. Moore (for Dila Mignouna, pro hac vice) (Moore, Michael) (Entered: 06/02/2019)

NOTICE of Appearance by Cristen C. Handley on behalf of UNITED STATES OF AMERICA (Handley, Cristen) (Entered: 06/05/2019)

Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 6/21/2019; The court hears counsel on the motions to dismiss and takes the motions under advisement. re 44 MOTION to Dismiss the Amended Complaint Under Rules 12(b)(6) and 12(b)(1) filed by President and Fellows of Harvard College, 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Betsy DeVos, 42 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Harvard Law Review. (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) (Entered: 06/21/2019)

NOTICE of Withdrawal of Appearance by Daniel Winik (Winik, Daniel) (Entered: 07/02/2019)

District Judge Leo T. Sorokin: ORDER entered.Because the plaintiffs have not alleged facts sufficient to establish associational standing or to plausibly state claims under Title VI, Title IX, or Ex parte Young, the defendants' motions to dismiss (Doc. Nos. 42, 44, and 46) are ALLOWED. The Amended Complaint (Doc. No. 33) is DISMISSED without prejudice.If the plaintiffs wish to file a second amended complaint remedying the deficiencies identified herein, they must seek leave to do so within thirty days of this Order. The plaintiffs shall attach a copy of their proposed second amended complaint to any such motion.If the plaintiffs move to amend their complaint, the defendants shall have thirty days to oppose the motion, with any reply by the plaintiffs due fourteen days after any oppositions are filed, and any surreplies by the defendants due fourteen days after the reply is filed. No further leave is required for the listed submissions. The reply and any surreplies shall be limited to five pages in length. In their briefs, the parties may address issues raised by the request for leave to amend as well as issues that might arise under Rule 12, so that the resolution of the motion for leave to amend will determine whether the proposed amended pleading provides a basis upon which to proceed with the lawsuit.(Motion seeking leave to file amended complaint due by 9/9/2019) (Montes, Mariliz) (Entered: 08/08/2019)

Set Deadlines:Motion for leave to file amended complaint due by 9/9/2019, Responses due by 10/9/2019, Replies due by 10/23/2019, Sur-replies due by 11/6/2019. (Montes, Mariliz) (Entered: 08/08/2019)

District Judge Leo T. Sorokin: ORDER entered. CLOSING ORDER DISMISSING CASE.(Montes, Mariliz) (Entered: 09/13/2019)