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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

AMERICAN EDUCATION RESEARCH
ASSOCIATION, INC.,
AMERICAN PSYCHOLOGICAL ASSOCIATION,
INC.,
and
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NATIONAL COUNCIL ON MEASUREMENT IN
EDUCATION, INC.
Plaintiff-Counterdefendants,
V.

PUBLIC RESOURCE ORG., INC.,
Defendant-Counterclaimant.

)

CaseNo. I:I4-cv-00857 (TSC)

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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
accompanying motion.
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
are posted.
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.

Bradley Hutter
Executed on October 4, 2019