AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.
Filing
25
MOTION to Compel filed by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (Attachments: #1 Declaration of Jonathan Hudis, #2 Exhibit A to Hudis Decl, #3 Exhibit B to Hudis Decl, #4 Exhibit C to Hudis Decl, #5 Exhibit D to Hudis Decl, #6 Exhibit E to Hudis Decl, #7 Exhibit F to Hudis Decl, #8 Exhibit G to Hudis Decl, #9 Exhibit H to Hudis Decl, #10 Exhibit I to Hudis Decl, #11 Exhibit J to Hudis Decl, #12 Exhibit K to Hudis Decl, #13 Exhibit L to Hudis Decl, #14 Exhibit M to Hudis Decl, #15 Exhibit N to Hudis Decl, #16 Exhibit O to Hudis Decl, #17 Exhibit P to Hudis Decl, #18 Exhibit Q to Hudis Decl, #19 Exhibit R to Hudis Decl, #20 Text of Proposed Order)(Hudis, Jonathan)
EXHIBIT O
Case No. 1:14-cv-00857-TSC
November 25, 2014
Via E-Mail
Andrew P. Bridges, Esq.
FENWICK & WEST LLP
555 California Street, 112th Fl.
San Francisco, CA 94104
JONATHAN HUDIS
(703) 412-7047
JHUDIS@OBLON.COM
KATHLEEN COONEY-PORTER
(703) 413-3000
KCOONEY-PORTER@OBLON.COM
*BAR OTHER THAN VIRGINIA
Re: American Education Research Association, Inc. et al. v.
Public.Resource.Org, Inc.
Civil Action No.: 1:14-cv-00857-TSC
Our Ref: 431384US-332060-332060-69-L DMS
Dear Andrew:
We respond to your letter of November 24, 2014.
1. Definitions for “accessed,” “viewed,” and “downloaded”
For purposes of Public Resource providing supplementary responses to Plaintiffs’
outstanding written discovery, we agree with Public Resource’s proposed definitions of
“accessed,” “viewed,” and “downloaded” – as noted in your November 24th letter.
2. Definition for “publication”
Based on the parties’ exchanges of correspondence and telephone discussions, we
continue to disagree on the definition for “publication” as used in Plaintiffs’ written discovery
served to date.
3. Supplemental Discovery Responses and Documents
The parties have come to agreement on the definitions of most disputed terms used in
Plaintiffs’ discovery requests. The parties also have come to an understanding regarding the
parameters of a log of withheld materials. On the other hand, we raised numerous discovery
issues in our correspondence of November 10, 14, 18 and 21, 2014, and in our telephone
discussion had with you on November 20, 2014. Many of these disputed discovery issues
remain unresolved.
OBLON, SPIVAK, MCCLELLAND, MAIER & NEUSTADT, L.L.P.
1940 DUKE STREET ALEXANDRIA, VIRGINIA 22314 U.S.A.
TELEPHONE: 703-413-3000 FACSIMILE: 703-413-2220 WWW.OBLON.COM
Andrew P. Bridges, Esq.
Our Ref. 431384US-332060-332060-69-L DMS
Page 2
We therefore look forward to Public Resource providing its supplemental discovery
responses, document production, and a privilege log by December 8, 2014.
Very truly yours,
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT, L.L.P.
Jonathan Hudis
Kathleen Cooney-Porter
JH/jh {11299299_1.DOCX }
cc:
American Educational Research Association, Inc.
American Psychological Association, Inc.
National Council on Measurement in Education, Inc.
Katherine D. Cappaert, Esq.
Counsel of Record
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