UNITED STATES DISTRICT COURT …

                             UNITED STATES DISTRICT COURT
                                        FOR THE
                              DISTRICT OF MASSACHUSETTS




MASSACHUSETTS BAY TRANSPORTATION
AUTHORITY,
              Plaintiff,
                                                     CIVIL ACTION NO. 08-CV-11364-GAO
       v.

ZACK ANDERSON, ET AL.,
               Defendants.




                         ASSENTED TO MOTION OF
            DEFENDANT MASSACHUSETTS INSTITUTE OF TECHNOLOGY
                       TO CORRECT DOCKET ENTRY

       The Massachusetts Institute of Technology moves to correct Docket Entry No. 14 as

follows (deleting struck-through and inserting underlined language):

       "DECLARATION OF ERIC JOHNSON re 2 MOTION for Temporary

       Restraining Order by Massachusetts Bay Transportation Authority filed by

       Massachusetts Institute of Technology defendants Zack Anderson, RJ Ryan, and

       Alessandro Chiesa."

and submits as reasons therefor the following:

       1.     At the hearing on August 9, 2008, on the plaintiff's Motion for Temporary

   Restraining Order, the Court allowed Jennifer Granick to participate by telephone in

   argument on behalf of the individual defendants Zack Anderson, RJ Ryan, and Alessandro

   Chiesa.
      2.      In the course of her argument, Ms. Granick referred to a Declaration of Eric

   Johanson that had been prepared to support the opposition of the individual defendants, and

   began reading from that Declaration.

      3.      A colleague of Ms. Granick's had emailed the Johanson Declaration to a lawyer

   in the Office of the General Counsel of MIT in the early morning of August 9, 2008, and

   asked that it be printed and brought to the Court due to the fact Ms. Granick would be

   seeking leave of the Court to participate by telephone.

      4.      With Ms. Granick's permission, MIT provided a copy of the Johanson

   Declaration to Ieuan Mahony, lead counsel for the plaintiff, when he arrived at the

   courthouse for the hearing on the plaintiff's motion on August 9, 2008.

      5.      When Ms. Granick began to read to the Court from the Johanson Declaration,

   undersigned counsel representing the defendant Massachusetts Institute of Technology (not

   the individual defendants) brought to the Court's attention that I had a hard copy of the

   Johanson Declaration and offered to provide it to the Court, but expressly noted that the

   Declaration had not been prepared for nor was it being offered by MIT.

      6.      The Court, to the best of my understanding, accepted the copy of the Johanson

   Declaration based upon my disclosure of its source and of the parties on whose behalf I

   offered to provide it to the Court.

                                                  By its attorneys,


                                                  s/ Jeffrey Swope
                                                  Jeffrey Swope (BBO #490760)
                                                  EDWARDS ANGELL PALMER & DODGE LLP
                                                  111 Huntington Avenue
                                                  Boston, Massachusetts 02199-7613
                                                  (617) 239-0100
Dated: August 12, 2008


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Assented to:

s/ Ieuan G. Mahoney
Counsel for the plaintiff
Massachusetts Bay Transportation Authority



                                            CERTIFICATE OF SERVICE

                   I hereby certify that this document filed through the ECF system will be sent
                   electronically to the registered participants as identified on the Notice of
                   Electronic Filing (NEF) on August 12, 2008, and further certify that on that day I
                   provided a copy of this document by email to Jennifer Granick at
                   Jennifer@eff.org.

                                           s/ Jeffrey Swope_____________




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