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)

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Case 1:14-cv-00857-TSC Document 60-77 Filed 12/21/15 Page 1 of 3 EXHIBIT MMM Case No. 1:14-cv-00857-TSC-DAR IIIU el 11.11:11 Case 1:14-cv-00857-TSC Document 60-77 Filed 12/21/15 Page 2 of 3 From: To: CC: Sent: Subject: John S. Neikirk 'Wayne Camara' Suzanne Lane (81+@pittedu); dfrisbie©uiowa.edu; Felice Levine 2/14/2014 9:40:11 PM RE: Existing Standards Hi Wayne, thanks for your message and letting me know that this is possible. We are in communication with AERA's legal counsel, and perhaps also some outside help as well. We will be in touch as soon as we learn more. Best wishes, John John Neikirk Director of Publications American Educational Research Association 1430 K Street, NW, Suite 1200 Washington, DC 20005 202.238.3238 jneikirk©aera.net From: Wayne Camara [mailto:Wayne.Camara@actorg] Sent: Friday, February 07, 2014 8:26 AM To: John S. Neikirk Cc: Suzanne Lane (s1+©pittedu); dfrisbie©uiowa.edu Subject: RE: Existing Standards John the management committee has funds to cover any legal work that might be needed to get this issue escalated. So feel free to let us know if you want to bring in some legal counsel to pursue this. From: John S. Neikirk [mailto:1NeikirkOaera.net] Sent: Wednesday, February 05, 2014 10:35 AM To: Felice Levine; Wayne Camara; Ernesto, Marianne; rlwise©humrro.org'; SLObitt.edu; Frisbie, David A; Gerald Sroufe Cc: Barbara Flake Subject: RE: Existing Standards Hello everyone, I am folloNNing up on the messages from December about the pdf posting of Standards at: littps://1aw.resource.orainubiusicfr/ibr/001/aera.standards.1999.udf I had thought this was taken down after I wrote to the organization in December, asking that the pdf be taken down immediately. I checked yesterday and die pdf is still available. I wrote back to the organization, and I received a reply with the attached pdf letter, which had been sent in December apparently (the messages from this organization go stmight into spam). As you can see from die attached letter, the author (Carl Malamud of Public.Resource.Org) claims that the 1999 edition is in now in the public domain because it was Incorporated by Reference by die Department of Education. Please see: http://www.ecfrmovicai-binitext-idx?c=ecfr&sid=c67daaa426ddc5f9838ea4247c36c938&rmi=div8&vieNs=text& nod e=34:3 .1. 3.1.34.10.39.8 &idno=34 We are looking into this now and will mport back to the group when we have more infonnation. Best wishes, Jolm John Neikirk Director of Publications American Educational Research Association 1430 K Street, NW, Suite 1200 Washington, DC 20005 AERA_APA_NCME_0031923 r, Confidential Case 1:14-cv-00857-TSC Document 60-77 Filed 12/21/15 Page 3 of 3 202.238.3238 jneikirk@aera.net From: Felice Levine Sent: Monday, December 16, 2013 2:38 PM To: 'Wayne Camara'; Ernesto, Marianne; 'Iwise@humrro.org'; SLOpittedu; Frisbie, David A; Gerald Sroufe Cc: Barbara Plake; John S. Neikirk Subject: RE: Existing Standards Yes, wow.... This must be a copyright infringement or something to the equivalent.... But John will look into this, felice From: Wayne Camara [mailto:Wayne.Camara@act.orq] Sent: Monday, December 16, 2013 2:16 PM To: Ernesto, Marianne; 'Iwise@humrro.org'; SL©pitt.edu; Frisbie, David A; Gerald Sroufe; Felice Levine Cc: Barbara Flake Subject: RE: Existing Standards Jerry and Felice can you look into this? We need to get them to pull this off the web. From: Ernesto, Marianne [mailto:MErnesto@apa.orq] Sent: Monday, December 16, 2013 1:09 PM To: 'Iwise@humrro.org'; SLepitt.edu; Wayne Camara; Frisbie, David A Cc: Jerry Sroufe; Barbara Flake Subject: RE: Existing Standards This is news to mel Jerry and all, Any idea how this got posted? Madame From: Iwiseehumrro.oro [mailto:Iwise@humrro.orq] Sent: Monday, December 16, 2013 1:53 PM To: SL@pitt.edu; Wayne Camara; Frisbie, David A Cc: Jerry Sroufe; Ernesto, Marianne; Barbara Flake Subject: Existing Standards Are they supposed to be available (in pdf form) free? https://law.resource.or0pub/us/cfr/ibr/001/aera.s andards.1999.pdf Lauress (Laurie) L. Wse, Principal Scientist Human Resources Research Organization (HumRRO) 20 Ragsdale Drive, Suite 260 Monterey, CA 93940 Phone: 831-647-1004 Fax 831-375-4021 Cell: 703-727-3817 AERA_APA_NCME_0031924

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