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

Filing 13

Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Counterclaim by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (Attachments: #1 Text of Proposed Order)(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,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant.

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Civil Action No. 1:14-cv-00857-CRC
CONSENT MOTION FOR
EXTENSION OF TIME FOR
PLAINTIFFS TO RESPOND TO
DEFENDANT’S COUNTERCLAIM
FOR DECLARATORY RELIEF

Plaintiffs, American Educational Research Association, Inc. (“AERA”), American
Psychological Association, Inc. (“APA”), and National Council on Education Measurement in
Education, Inc. (“NCME”) (collectively, “Plaintiffs”), respectfully move this Court pursuant to
Fed. R. Civ. P. 6(b) and LCvR 7 for an extension of time until August 25, 2014 to answer or
otherwise respond to Defendant’s Counterclaim for Declaratory Relief.
Prior to the filing of this motion, pursuant to LCvR 7(m), on July 22, 2014, Plaintiffs’
undersigned counsel conferred with Defendant’s counsel, Mitch Stoltz, via telephone and e-mail
in a good faith effort to determine whether there would be any opposition to the relief sought by
Plaintiffs. Defendant consents to the relief requested herein.
Statement of Points and Authorities
Defendant electronically filed its counterclaim in this case on July 14, 2014. Counsel for
all parties conferred via telephone on July 22, 2014, at which time undersigned counsel for
Plaintiffs requested Defendant’s consent to a 21-day extension of time to answer or otherwise
respond to the counterclaim, moving the response date to August 25, 2014. Mitch Stoltz,

counsel for Defendant, consented to this relief by e-mail later in the day on July 22, 2014.
Fed. R. Civ. P. 6(b)(1) provides that the court may extend a filing deadline for good
cause. Good cause exists here because: (i) all parties consent to the requested extension, (ii) no
party will be prejudiced by the requested extension, and (iii) no other deadlines have yet been set
in this case that would be affected by the requested extension.
ACCORDINGLY, Plaintiffs respectfully request that the Court grant Plaintiffs an
extension until August 25, 2014 to answer or otherwise respond to Defendant’s counterclaim.
Respectfully submitted,
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT,LLP
Dated: July 23, 2014

By:

/s/ Jonathan Hudis
Jonathan Hudis (DC Bar # 418872)
Kathleen Cooney-Porter (DC Bar # 434526)
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT, LLP
1940 Duke Street
Alexandria, VA 22314
Tel. [phone]
Fax [phone]
E-Mail [e-mail]
E-Mail [e-mail]
Attorneys for Plaintiffs
AMERICAN EDUCATIONAL RESEARCH
ASSOCIATION, INC.
AMERICAN PSYCHOLOGICAL
ASSOCIATION, INC.
NATIONAL COUNCIL ON
MEASUREMENT IN EDUCATION, INC.

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CERTIFICATE OF SERVICE
I hereby certify that on July 23, 2014, the foregoing CONSENT MOTION FOR
EXTENSION OF TIME FOR PLAINTIFFS TO RESPOND TO DEFENDANT’S
COUNTERCLAIM FOR DECLARATORY RELIEF and [PROPOSED] ORDER were
filed using the CM/ECF system that sent notice of the filing of these documents to all counsel of
record, and was also served via e-mail to:
Andrew P. Bridges
FENWICK & WEST LLP
555 California Street, 112th Floor
San Francisco, CA 94104
[e-mail]
David Halperin
1530 P Street NW
Washington, DC 20005
[e-mail]
Mitchell L. Stoltz
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
[e-mail]
Counsel for Defendant
PUBLIC.RESOURCE.ORG, INC.,
/s/ Jonathan Hudis
Jonathan Hudis

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