AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN EDUCATION RESEARCH
AMERICAN PSYCHOLOGICAL ASSOCIATION,
NATIONAL COUNCIL ON MEASUREMENT IN
PUBLIC RESOURCE ORG., INC.,
CaseNo. I:I4-cv-00857 (TSC)
DECLARATION OF BRADLEY HUTTER
I, BRADLEY HUTTER, declare:
1. I am a Specialist with the law firm of Crowell & Moring LLP in Washington, D.C.,
the law firm representing Plaintiffs in this action. I file this declaration in connection with the
Memorandum of Points and Authorities Addressing the Fair Use Issue Remanded by the Court
of Appeals and in Support of Re-entry of Summary Judgment and a Permanent Injunction and
2. Exhibit 1 to the motion is a copy of the 1999 edition of Standards for Educational and
Psychological Testing (1999 Standards), which I downloaded from the Internet Archive
https://archive.org/details/gov.law.aera.standards. 1999 in September 2019.
3. Exhibit 2 to the motion is a copy of the certificate that was included on the front of the
version of 1999 Standards that I downloaded.
4. Exhibit 3 to the motion are screenshots taken in September 2019 of the Internet
Archive page (https://archive.org/details/gov.law.aera.standards. 19991 where the 1999 Standards
5. I also copied Exhibit 4 (California State Personnel Board Merit Section Manual:
Policy and Practices, Summary of the Standards for Educational and Psychological Testing)
from the California State Personnel Board page webpage where they are posted
(http://www.spb.ca.gov/content/laws/selection manual appendixfpdf).
6. I was asked to estimate the amount or percentage of text occupied by the standards
within the 1999 edition of Standards for Educational and Psychological Testing that I
downloaded from the Internet Archive at
https://archive.org/details/gov.law.aera.standards.1999. I derived this estimate as
follows. Beginning with the Introduction through the end of the Glossary, I estimated for each
page, two columns with 46 lines in each column, equaling 92 lines per page. I then multiplied 92
by 170, the number of pages minus blank pages and single columned section cover pages. That
total was 15,640. I then hand-counted the lines in the 272 standards, which totaled 2,159 lines. I
arrived at percentage of 13.8%. Using the same methodology, the standards in the 8 chapters
incorporated by reference in the three Department of Education regulations (as set forth in the
Statement of Facts) was roughly 921, which is about 5.9% of the total number of lines.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 4, 2019