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

Filing 134

MOTION for Summary Judgment , MOTION for Permanent Injunction by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Hutter Decl., # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Declaration Hudis Decl., # 9 Exhibit A, # 10 Exhibit B, # 11 Exhibit C, # 12 Exhibit T, # 13 Exhibit U, # 14 Exhibit Z, # 15 Exhibit BB, # 16 Exhibit CC, # 17 Exhibit EE, # 18 Exhibit GG, # 19 Exhibit HH, # 20 Exhibit II, # 21 Exhibit JJ, # 22 Exhibit KK, # 23 Exhibit LL, # 24 Exhibit MM, # 25 Declaration Ernesto Decl., # 26 Exhibit NN, # 27 Exhibit OO, # 28 Exhibit PP, # 29 Exhibit QQ, # 30 Exhibit RR, # 31 Exhibit SS, # 32 Exhibit TT, # 33 Exhibit UU, # 34 Declaration Wise Decl., # 35 Exhibit KKK, # 36 Exhibit LLL, # 37 Declaration Camara Decl., # 38 Exhibit MMM, # 39 Declaration Levine Decl., # 40 Exhibit NNN, # 41 Exhibit PPP, # 42 Exhibit QQQ, # 43 Exhibit UUU, # 44 Declaration Geisinger Decl., # 45 Declaration Schneider Decl., # 46 Exhibit Levine Depo Tr., # 47 Exhibit No. 1207 to Levine Depo Tr., # 48 Exhibit No. 1308 to Levine Depo Tr., # 49 No. 1308 to Levine Depo Tr., # 50 Text of Proposed Order)(Elgarten, Clifton)

Case 1:14-cv-00857-TSC Document 60-48 Filed 12/21/15 Page 1 of 2

EXHIBIT MM
Case No. 1:14-cv-00857-TSC-DAR

Case 1:14-cv-00857-TSC Document 60-48 Filed 12/21/15 Page 2 of 2

PUBL'IC.RESOURCE.ORG - A Nonprofit Corporation

Public Iñforks for a Better Government

Re:

American Educational Research Association., lnc. et al v.
Public.Resource.Org, lnc., No. 1:14-cv-00857

This memorandum is in reference to the lawsuit named above, which concerns the
document entitled "standards for Educational and Psychological Testing" which was
duly incorporated by the Office of the Federal Register into the Code of Federal
Regulations and specifically in response to the stated intention to file a preliminary
injunction motion,
Public.Resource.Org believes firmly that because the document in question has been
explicitly incorporated into federal law, it has the right to post it on its website, and
that lt will prevail in this case. Public Resource also believes that this case deserves the
court's fullest consideration, without a rush to reach an ¡nterim ruling in the absence
of a full record.

ln order to focus this case on developing an appropriate record for a decision on the
merits, Public.Resource.Org has voluntarily removed the document in question from
thewebsites underits control and has removed the documentfrom all public access
on the lnternet Archive.
Until the conclusion of trial on the merits in this case, Public.Resource.Org will keep
the document in question off of the websites under its control and will not dissem¡nate
the document, in whole or in part, including any revisions, and will maintain the status
on the lnternet Archive to prevent any public access to the document from the
Archive's websites.
Public.Resource.Org believes that this action obviates any need for plaintiffs to rush
the court to a judgment on a partial record of their own selection without afull
opportunity for all parties to develop the facts and issues of the case for trial.

Carl Malamud, President and Founder

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