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 60-77 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