AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 27

Amended MOTION to Compel discovery, privilege log, and further initial disclosures 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 Declaration, #3 Exhibit B to Hudis Declaration, #4 Exhibit C to Hudis Declaration, #5 Exhibit D to Hudis Declaration, #6 Exhibit E to Hudis Declaration, #7 Exhibit F to Hudis Declaration, #8 Exhibit G to Hudis Declaration, #9 Exhibit H to Hudis Declaration, #10 Exhibit I to Hudis Declaration, #11 Exhibit J to Hudis Declaration, #12 Exhibit K to Hudis Declaration, #13 Exhibit L to Hudis Declaration, #14 Exhibit M to Hudis Declaration, #15 Exhibit N to Hudis Declaration, #16 Exhibit O to Hudis Declaration, #17 Exhibit P to Hudis Declaration, #18 Exhibit Q to Hudis Declaration, #19 Exhibit R to Hudis Declaration, #20 Text of Proposed Order)(Hudis, Jonathan) Modified on 12/16/2014 (td, ).

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/Counterclaim Defendants,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant/Counterclaimant.

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Civil Action No. 1:14-cv-00857-TSC-DAR
DECLARATION OF JONATHAN
HUDIS IN SUPPORT OF
PLAINTIFFS’ AMENDED MOTION
TO COMPEL DISCOVERY,
PRIVILEGE LOG, AND FOR
FURTHER INITIAL DISCLOSURES

I, JONATHAN HUDIS, declare:
1.

I am a partner with Oblon, Spivak, McClelland, Maier & Neustadt, LLP, counsel

to Plaintiffs, AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. (“AERA”),
AMERICAN PSYCHOLOGICAL ASSOCIATION, INC. (“APA”) and NATIONAL COUNCIL
ON MEASUREMENT IN EDUCATION, INC. (“NCME”) (collectively, “Plaintiffs”) in the
captioned action. I submit this Declaration in support of Plaintiffs’ Amended Motion to compel
discovery, privilege log, and for further initial disclosures from Defendant.
2.

The parties’ counsel had their meet-and-confer telephone conference pursuant to

Fed. R. Civ. P. 26(f) on September 25, 2014.
3.

The Court’s Scheduling Order [Dkt. No. 22] has set the close of fact discovery for

March 16, 2015.
4.

Accompanying this Declaration as Exhibit A is a true copy of Plaintiffs’ First Set

of Interrogatories served by e-mail on Defendant’s counsel on October 1, 2014.

5.

Accompanying this Declaration as Exhibit B is a true copy of Plaintiffs’ First

Production Requests served by e-mail on Defendant’s counsel on October 1, 2014.
6.

Accompanying this Declaration as Exhibit C is a true copy of Plaintiffs’ First

Admissions Requests served by e-mail on Defendant’s counsel on October 1, 2014.
7.

Accompanying this Declaration as Exhibit D is a true copy of Defendant’s

Objections and Responses to Plaintiffs’ First Set of Interrogatories, served on November 3, 2014.
8.

Accompanying this Declaration as Exhibit E is a true copy of Defendant’s

Objections and Responses to Plaintiffs’ First Production Requests, served on November 3, 2014.
9.

Accompanying this Declaration as Exhibit F is a true copy of Defendant’s

Objections and Responses to Plaintiffs’ First Admissions Requests, served on November 3,
2014.
10.

Accompanying this Declaration as Exhibit G is a true copy of Defendant’s Initial

Disclosures, served on November 14, 2014.
11.

Accompanying this Declaration as Exhibit H is a true copy of a letter dated

November 10, 2014 from me and my partner, Kathleen Cooney-Porter, to Defendant’s counsel.
12.

Accompanying this Declaration as Exhibit I is a true copy of a letter dated

November 13, 2014 from Andrew Bridges, Defendant’s counsel.
13.

Accompanying this Declaration as Exhibit J is a true copy of a letter dated

November 14, 2014 from me and my partner, Kathleen Cooney-Porter, to Defendant’s counsel.
14.

Accompanying this Declaration as Exhibit K is a true copy of a letter dated

November 18, 2014 from me and my partner, Kathleen Cooney-Porter, to Defendant’s counsel.
15.

Accompanying this Declaration as Exhibit L is a true copy of a letter dated

November 19, 2014 from Andrew Bridges, Defendant’s counsel.

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16.

The parties’ counsel, on November 20, 2014, participated in a telephone

conference to discuss outstanding discovery issues.
17.

Accompanying this Declaration as Exhibit M is a true copy of a letter dated

November 21, 2014 from me and my partner, Kathleen Cooney-Porter, to Andrew Bridges,
Defendant’s counsel.
18.

Accompanying this Declaration as Exhibit N is a true copy of a letter dated

November 24, 2014 from Andrew Bridges, Defendant’s counsel.
19.

Accompanying this Declaration as Exhibit O is a true copy of a letter dated

November 25, 2014 from me and my partner, Kathleen Cooney-Porter, to Defendant’s counsel.
20.

Accompanying this Declaration as Exhibit P is a true copy of a letter dated

December 19, 2013 from Defendant’s President and Founder, Carl Malamud, to John Neikirk,
Director of Publications, AERA.
21.

Accompanying this Declaration as Exhibit Q is a true copy of the Merriam-

Webster Dictionary’s definition of the term “publish” available at www.merriamwebster.com/dictionary/publish (last visited on December 11, 2014).
22.
Webster

Accompanying this Declaration as Exhibit R is a true copy of the MerriamDictionary’s

definition

of

the

term

“post”

available

at

www.merriam-

webster.com/dictionary/post (last visited on December 11, 2014).
I DECLARE, under the penalty of perjury, that the foregoing is true and correct.

Dated: December 15, 2014

/s/ Jonathan Hudis
Jonathan Hudis

{431384US, 11395524_1.DOCX}

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