AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.
Filing
15
MOTION to Strike #12 Answer to Complaint, COUNTERCLAIM re Defendant's Jury Demand by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (Attachments: #1 Text of Proposed Order Striking Defendant's Jury Demand)(Hudis, Jonathan)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN EDUCATIONAL RESEARCH
ASSOCIATION, INC., AMERICAN
PSYCHOLOGICAL ASSOCIATION, INC.,
and NATIONAL COUNCIL ON
MEASUREMENT IN EDUCATION, INC.,
Plaintiffs,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant.
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Civil Action No. 1:14-cv-00857-CRC
[PROPOSED] ORDER GRANTING
PLAINTIFFS’ MOTION TO STRIKE
DEFENDANT’S DEMAND FOR A
JURY TRIAL
THIS MATTER comes before the Court on Plaintiffs’ Motion to Strike Defendant’s Jury
Demand.
This is an action by three non-profit organizations: the American Educational Research
Association, Inc. (“AERA”), the American Psychological Association, Inc. (“APA”), and the
National Council on Measurement in Education, Inc. (“NCME”) (collectively, “Plaintiffs”),
creators of the work entitled “Standards for Educational and Psychological Testing” (the
“Standards”). Pursuant to the Copyright Act, 17 U.S.C. §§ 101, et seq., Plaintiffs seek injunctive
relief against Defendant for infringement and contributory infringement of Plaintiffs’ copyright
in the Standards.
Defendant filed a counterclaim seeking declaratory relief.
Plaintiffs seek to recover damages, nor does Defendant.
None of the
Having fully considered the moving and opposition papers, and all other matters
presented to the Court, it is hereby
ORDERED that Plaintiffs’ Motion is GRANTED, and it is further
ORDERED that Defendant’s Jury Demand contained within its answer, affirmative
defenses and counterclaim (D.I. 12) to Plaintiff’s complaint is hereby stricken.
IT IS SO ORDERED:
Dated: ________________, 2014
__________________________________
Hon. Christopher R. Cooper
United States District Judge
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Pursuant to Local Civil Rule 7(k), the following attorneys are entitled to be notified of the entry
of this Order:
For Plaintiffs:
Jonathan Hudis
Kathleen Cooney-Porter
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT, LLP
1940 Duke Street
Alexandria, VA 22314
For Defendant:
Andrew P. Bridges
FENWICK & WEST LLP
555 California Street, 112th Floor
San Francisco, CA 94104
David Halperin
1530 P Street NW
Washington, DC 20005
Mitchell L. Stoltz
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
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