AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 101

NOTICE of Intent to File Oppositions to Defendant's Motions, filed by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. re #99 Reply to opposition to Motion,,, (Hudis, Jonathan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN EDUCATIONAL RESEARCH
ASSOCIATION, INC., AMERICAN
PSYCHOLOGICAL ASSOCIATION, INC.,
and NATIONAL COUNCIL ON
MEASUREMENT IN EDUCATION, INC.,
Plaintiffs,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant.

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Civil Action No. 1:14-cv-00857-TSC-DAR
NOTICE OF PLAINTIFFS’ INTENT
TO FILE OPPOSITION TO THE
MOTIONS EMBEDDED WITHIN
DEFENDANT-COUNTERCLAIMANT
PUBLIC.RESOURCE.ORG’S
OBJECTIONS TO PLAINTIFFS’
SUPPLEMENTAL EVIDENCE
[ECF No. 98-3 (Sealed)]
[ECF No. 99-4 (Redacted)]

Plaintiffs, American Educational Research Association, Inc. (“AERA”), American
Psychological Association, Inc. (“APA”), and National Council on Measurement in Education,
Inc. (“NCME”) (collectively, “Plaintiffs”), through undersigned counsel, file the instant Notice
of Plaintiffs’ Intent to File an Opposition to the Motions Embedded Within DefendantCounterclaimant Public.Resource.Org’s Objections to Plaintiffs’ Supplemental Evidence (ECF
No. 98-3).
On March 3, 2016, Defendant-Counterclaimant Public.Resource.Org, Inc. (“Defendant”)
filed, among other things, a document titled “Defendant-Counterclaimant Public.Resource.Org’s
Objections to Plaintiffs’ Supplemental Evidence” [ECF No. 98-3 (Sealed), ECF No. 99-4
(Redacted)] (the “Objections”).

That filing included a brief motion to “strike Plaintiffs’

Response to Public Resource’s Statement of Disputed Facts (ECF No. 89-2)” (see Objections at
p. 1) as well as a more substantive motion to “strike Plaintiffs’ use of the report of S.E. Phillips
for the assertions for which it is cited in their combined Opposition and Reply Motion (ECF No.
89, pp. 34, 36-37) and Statement of Disputed Facts (ECF No. 89-1, p. 56)” (see Objections at p.

5). Plaintiffs intend to, and will, file an opposition to these “motions” within the time prescribed
by LCvR 7(b) and Fed. R. Civ. P. 6(d). Accordingly, Plaintiffs will file an opposition to these
“motions” on or before March 21, 2016.
Respectfully submitted,
QUARLES & BRADY LLP
Dated: March 8, 2016

By:

/s/ Jonathan Hudis
Jonathan Hudis (DC Bar # 418872)
Nikia L. Gray (pro hac vice)
Jonathan P. Labukas (DC Bar # 998662)
1700 K Street NW, Suite 825
Washington, DC 20006-3825
Tel. [phone]
Fax [phone]
E-Mail [e-mail]
E-Mail [e-mail]
E-Mail [e-mail]
Counsel for Plaintiffs American Educational
Research Association, Inc., American
Psychological Association, Inc., and
National Council on Measurement in
Education, Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on March 8, 2016 the foregoing NOTICE OF PLAINTIFFS’
INTENT TO FILE OPPOSITION TO THE MOTIONS EMBEDDED WITHIN DEFENDANTCOUNTERCLAIMANT PUBLIC.RESOURCE.ORG’S OBJECTIONS TO PLAINTIFFS’
SUPPLEMENTAL EVIDENCE [ECF No. 98-3 (Sealed)] [ECF NO. 99-4 (Redacted)] was filed
with the Court using the CM/ECF system. Participants in this case who are registered CM/ECF
users will be served by the CM/ECF system. This document also was served via e-mail to:
Andrew P. Bridges
Sebastian E. Kaplan
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
[e-mail]
[e-mail]
Matthew B. Becker
FENWICK & WEST LLP
801 California Street
Mountain View, CA 94041
Telephone: [phone]
[e-mail]
David Halperin
1530 P Street NW
Washington, DC 20005
[e-mail]
Mitchell L. Stoltz
Corynne McSherry
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
[e-mail]
[e-mail]
Counsel for Defendant PUBLIC.RESOURCE.ORG, INC.
/s/ Jonathan Hudis
Jonathan Hudis (DC Bar # 418872)