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)

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 ‐2  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   ‐3 

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