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)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN EDUCATION RESEARCH
ASSOCIATION, INC.,

)
)
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AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., )
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and
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)
NATIONAL COUNCIL ON MEASUREMENT IN
)
)
EDUCATION, INC.
Plaintiff-Counterdefendants,
)
)
)
v.
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PUBLIC RESOURCE ORG., INC.,
)
)
)
Defendant-Counterclaimant.

Case No. 1:14-cv-00857 (TSC)

PROPOSED ORDER
Upon consideration of the parties’ motions, and for the reasons set forth in the Court’s
February 2, 2017 Memorandum Opinion, and the Memorandum Opinion accompanying this
order, Plaintiffs’ motion is GRANTED.
It is hereby ORDERED that Defendant is permanently enjoined from all unauthorized
use, including through reproduction, display, distribution, or creation of derivative works, of the
Standards for Educational and Psychological Testing, 1999 edition.
Defendant is FURTHER ORDERED to remove all versions of the Standards for
Educational and Psychological Testing, 1999 edition from any website within its possession,
custody, or control within five days.
Date:
______________________________________
TANYA S. CHUTKAN
United States District Judge