Faculty, Alumni, and Students Opposed to Racial Preferences v. Harvard Law Review et al Featured Case

A Texas nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—has filed a lawsuit against Harvard Law Review arguing that federal law prohibits it (and by extension, other journals within law schools) from taking account of race or gender in deciding whom to bring on as journal members. The complaint alleges that Harvard Law Review violates Title VI and Title IX, the federal statutes that bar educational institutions that receive federal funding from discriminating on the basis of race or gender.

Plaintiff: Faculty, Alumni, and Students Opposed to Racial Preferences
Defendant: President and Fellows of Harvard College, Harvard Law School, Harvard Law Review and Betsy DeVos
Case Number: 1:2018cv12105
Filed: October 6, 2018
Court: US District Court for the District of Massachusetts
Presiding Judge: Leo T Sorokin
Nature of Suit: Civil Rights: Education
Cause of Action: 28:1343
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 5, 2019 Filing 41 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)
February 5, 2019 Filing 41 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)
February 4, 2019 Filing 40 STIPULATION of Dismissal as to Defendant Harvard Law School by Harvard Law School, President and Fellows of Harvard College. (Waxman, Seth)
February 4, 2019 Filing 39 STATUS REPORT Joint Status Report by President and Fellows of Harvard College. (Waxman, Seth)
January 28, 2019 Filing 38 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)
January 10, 2019 Filing 37 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)
January 9, 2019 Filing 36 Second MOTION to Stay Litigation in Light of Lapse in Appropriations by Betsy DeVos.(Handley, Cristen)
January 9, 2019 Filing 35 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)
January 8, 2019 Filing 34 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)
January 7, 2019 Filing 33 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)
January 7, 2019 Filing 32 Consent MOTION to Stay Briefing Deadline by Betsy DeVos.(Handley, Cristen)
December 27, 2018 Filing 31 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)
December 26, 2018 Filing 30 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)
December 26, 2018 Filing 29 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).
December 26, 2018 Filing 28 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).
December 18, 2018 Filing 27 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)
December 17, 2018 Filing 26 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)
December 17, 2018 Filing 25 MEMORANDUM in Support re 24 MOTION to Dismiss filed by Harvard Law School, President and Fellows of Harvard College. (Waxman, Seth)
December 17, 2018 Filing 24 MOTION to Dismiss by Harvard Law School, President and Fellows of Harvard College.(Waxman, Seth) Modified on 2/6/2019 (Simeone, Maria).
December 17, 2018 Filing 23 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).
December 17, 2018 Filing 22 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)
December 14, 2018 Filing 21 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)
December 6, 2018 Filing 20 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)
December 6, 2018 Filing 19 NOTICE of Appearance by Ryan P. McManus on behalf of Harvard Law Review (McManus, Ryan)
November 20, 2018 Filing 18 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)
November 16, 2018 Filing 17 NOTICE of Appearance by Rayford A. Farquhar on behalf of Betsy DeVos (Farquhar, Rayford)
November 16, 2018 Filing 16 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)
November 15, 2018 Filing 15 NOTICE of Appearance by Felicia H. Ellsworth on behalf of Harvard Law School, President and Fellows of Harvard College (Ellsworth, Felicia)
November 13, 2018 Filing 14 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)
November 13, 2018 Filing 13 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)
November 6, 2018 Filing 12 SUMMONS Returned Executed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Parachini, Alexander)
October 31, 2018 Filing 11 NOTICE of Appearance by Cristen C. Handley on behalf of Betsy DeVos (Handley, Cristen)
October 29, 2018 Filing 10 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)
October 11, 2018 Filing 9 NOTICE of Appearance by Alexander K. Parachini on behalf of Faculty, Alumni, and Students Opposed to Racial Preferences (Parachini, Alexander)
October 10, 2018 Filing 8 Set Deadlines: Complete Service by 1/7/2019. (Montes, Mariliz)
October 10, 2018 Filing 7 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)
October 9, 2018 Filing 6 ELECTRONIC NOTICE of Reassignment. District Judge Leo T. Sorokin added. Judge Douglas P. Woodlock no longer assigned to case. (Finn, Mary)
October 9, 2018 Filing 5 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)
October 9, 2018 Filing 4 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)
October 9, 2018 Filing 3 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)
October 8, 2018 Filing 2 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)
October 6, 2018 Filing 1 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).

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Defendant: President and Fellows of Harvard College
Represented By: Seth P. Waxman
Represented By: Paul R.Q. Wolfson
Represented By: Felicia H. Ellsworth
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Defendant: Harvard Law School
Represented By: Seth P. Waxman
Represented By: Paul R.Q. Wolfson
Represented By: Felicia H. Ellsworth
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Defendant: Harvard Law Review
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Defendant: Betsy DeVos
Represented By: Rayford A. Farquhar
Represented By: Cristen C. Handley
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Plaintiff: Faculty, Alumni, and Students Opposed to Racial Preferences
Represented By: George W. Vien
Represented By: Jonathan F. Mitchell
Represented By: Alexander K. Parachini
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