Defendants' Response to Motion for Alternative Relief — Norris v. Stanley (W.D. Mich.)

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US.134675277.01 
  
UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF MICHIGAN 
JEANNA NORRIS, on behalf of herself  
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and all others similarly situated, 
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Plaintiffs, 
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Case No. 1:21-cv-00756 
 
 
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vs. 
 
) 
 
 
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PRESIDENT SAMUEL L. STANLEY, JR., ) 
in his official capacity as President of 
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Michigan State University; DIANNE  
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BYRUM, In her official capacity as Chair  
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of the Board of Trustees, DAN KELLY,  
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in his official capacity as Vice Chair  
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of the Board of Trustees; and RENEE  
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JEFFERSON, PAT O’KEEFE, 
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BRIANNA T. SCOTT, KELLY TEBAY,  
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and REMA VASSAR in their official  
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capacities as Members of the Board of  
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Trustees, 
 
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Defendants. 
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DEFENDANTS’ RESPONSE TO MOTION FOR ALTERNATIVE FORMS OF RELIEF 
 
On September 15, 2021, Plaintiff filed with her Reply in Support of Motion for 
Preliminary Injunction a second declaration from Dr. Hooman Noorchashm. ECF No. 11-3. On 
September 20, in advance of the hearing scheduled for September 22, Defendants submitted 
evidence to the Court in the form of a Rebuttal Declaration of Dr. Marcus Zervos. ECF No. 17. 
This Rebuttal Declaration addresses Dr. Noorchashm’s second declaration, which was not 
available to Defendants at the time they filed Dr. Zervos’s first declaration with their Response 
in Opposition to Plaintiff’s Motion for Preliminary Injunction on September 10. ECF No. 9-1.  
Rather than wait to adduce the testimony contained in Dr. Zervos’s Rebuttal Declaration 
at the hearing, Defendants submitted the declaration before the hearing so that the Court and 
Plaintiff could review it in advance. Defendants’ intent, in other words, was to ensure Plaintiff 
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had fair notice of the evidence Defendants intended to use at the hearing. Defendants did not file 
the Rebuttal Declaration to gain a strategic advantage over Plaintiff, to avoid introducing 
evidence at the hearing, or for any other nefarious reason Plaintiff posits in her motion. ECF 
No. 22-1.  
 
At this point, any claimed prejudice from Dr. Zervos’s Rebuttal Declaration has been 
remedied. Dr. Noorchasm has submitted a Reply Declaration (ECF No. 22-3), to which 
Defendants do not object, and Plaintiff’s counsel cross-examined Dr. Zervos at the preliminary 
injunction hearing. ECF No. 24.  
Defendants respectfully request that Plaintiff’s Motion for Alternative Relief be denied to 
the extent it seeks to strike Dr. Zervos’s Rebuttal Declaration (ECF No. 17).  
 
 
Date:   September 23, 2021 
 
 
FAEGRE DRINKER BIDDLE & REATH LLP 
/s/ Anne K. Ricchiuto 
 
Anne K. Ricchiuto (#25760-49) 
Stephanie L. Gutwein (#31234-49) 
300 North Meridian Street, Suite 2500 
Indianapolis, IN 46204 
Telephone: 317-237-0300 
Fax: 317-237-1000 
anne.ricchiuto@faegredrinker.com 
stephanie.gutwein@faegredrinker.com 
Uriel Abt 
Michigan State University 
Office of the General Counsel 
426 Auditorium Rd., Rm 494 
East Lansing, MI 48824-2600 
Telephone: 517-353-3530 
Fax: 517-432-3950 
abturiel@msu.edu 
Attorneys for Defendants 
 
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CERTIFICATE OF SERVICE 
I hereby certify that on September 23, 2021, a copy of the foregoing was filed 
electronically. Service of this filing will be made on all ECF-registered counsel of record by 
operation of the Court’s electronic filing system. Parties may access this filing through the 
Court’s system. 
Harriet Hageman 
Jenin Younes 
John Vecchione 
New Civil Liberties Alliance 
1225 19th Street NW, Suite 450 
Washington, DC 20036 
/s/ Anne K. Ricchiuto 
 
 
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