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

Filing 119

MOTION to ClarifyOrder [Dkt No 118] and, in Alternative, for Continuance by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order, # 3 Certificate of Service)(Hudis, Jonathan)

IN THE 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/Counterclaim-Defendants,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant/Counterclaim-Plaintiff.

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Civil Action No. 1:14-cv-00857-TSC-DAR
[PROPOSED] ORDER GRANTING
PLAINTIFFS’ MOTION FOR
CLARIFICATION OF THE COURT’S
ORDER DATED FEBRUARY 2, 2017
AND, IN THE ALTERNATIVE,
CONSENT MOTION FOR
CONTINUANCE OF DEADLINES
FOR A MOTION FOR ATTORNEYS’
FEES AND BILL OF COSTS

THIS MATTER comes before the Court on Plaintiffs’ Motion for Clarification of the
Court’s Order Dated February 2, 2017 [Dkt. No. 118] and, in the alternative, a Consent Motion
for Continuance of Deadlines to File a Motion for Attorneys’ Fees and Bill of Costs.
Having reviewed the parties’ submissions, the record and the applicable law,
IT HEREBY ORDERED that Plaintiffs’ Plaintiffs’ for Clarification of the Court’s
Order Dated February 2, 2017 (“Order” - Dkt. 118) is GRANTED and further ORDERED that
the Order did not trigger the deadlines set forth in Fed. R. Civ. P. 54(d) for the filing of motions
seeking fees and costs. This Court will issue a further order as to whether the Court’s Order
dated February 2, 2017 is a final judgment upon which a motion for attorneys’ fees and bill of
costs under Fed. R. Civ. P. 54(d) may be filed. It is further
ORDERED that the Consent Motion for Continuance of Deadlines to File a Motion for
Attorneys’ Fees and Costs is GRANTED; and it is further
ORDERED that the time for Defendant to file a Motion for Attorneys’ Fees and Bill of
Costs pursuant to Fed. R. Civ. P. 54(d) is continued until the matter has been fully and finally

resolved and a final judgment has been entered by the Court.

IT IS SO ORDERED:

Dated: ________________, 2017

__________________________________
Hon. Tanya S. Chutkan
United States District Judge

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Submitted by:
Jonathan Hudis (DC Bar # 418872)
Jonathan P. Labukas (DC Bar # 998662)
Nikia L. Gray (pro hac vice)
QUARLES & BRADY LLP
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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Names and addresses of all attorneys
entitled to be notified of the entry of this Order:
For Plaintiffs:
Jonathan Hudis
Jonathan P. Labukas
Nikia L. Gray
QUARLES & BRADY LLP
1700 K Street NW, Suite 825
Washington, DC 20006-3825
[e-mail]
[e-mail]
[e-mail]
For Defendants:
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
[e-mail]
Mitchell L. Stoltz
Corynne McSherry
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
[e-mail]
[e-mail]
David Halperin
1530 P Street NW
Washington, DC 20005
[e-mail]

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