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, ).

EXHIBIT B
Case No. 1:14-cv-00857-TSC -DAR

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
PLAINTIFFS’ FIRST REQUESTS
FOR PRODUCTION OF
DOCUMENTS, THINGS, AND
ELECTRONICALLY STORED
INFORMATION

Plaintiffs, American Educational Research Association, Inc. (“AERA”), American
Psychological Association, Inc. (“APA”), and National Council on Measurement in Education,
Inc. (“NCME”) (collectively, “Plaintiffs”), hereby request, pursuant to Fed. R. Civ. P. 34, that
Defendant, Public.Resource.Org, Inc. (“Public Resource”), produce each document, thing, and
item of electronically stored information (“ESI”) listed below for inspection and copying, and
that said production be made accompanying Public Resource’s service of its responses to these
Requests upon counsel for Plaintiffs at the offices of OBLON, SPIVAK, MCCLELLAND,
MAIER & NEUSTADT, LLP, 1940 Duke Street, Alexandria, Virginia 22314.
DEFINITIONS AND INSTRUCTIONS
A.

The Definitions and Instructions contained in Plaintiffs’ First Set of

Interrogatories are incorporated herein by reference.
B.

With respect to each document, thing, and/or item of ESI requested below for

which a claim of privilege, work product, confidentiality, or other rule or doctrine of nondisclosure is asserted, specify (in log form): (i) the nature of the document, thing, and/or item of

ESI, (ii) the identity (by name, address, title, and business affiliation) of the author(s) thereof,
(iii) the addressee(s) and all recipients thereof, (iv) the general subject matter to which the
document, thing, and/or item of ESI relates, and its date, (v) the basis for non-disclosure being
claimed and whether it is being asserted in connection with a claim or defense governed by state
law, (vi) the non-disclosure rule or doctrine being invoked, and (vii) as to the document, thing, or
item of ESI requested, whether any responsive materials exist.
C.

Public Resource shall separately identify the Request by number pursuant to

which document, thing, and/or item of ESI is produced.
REQUESTS
PRODUCTION REQUEST NO. 1.
Produce each document, thing and/or item of ESI that is identified in Public Resource’s
answers to Plaintiffs’ First Set of Interrogatories.
PRODUCTION REQUEST NO. 2.
Produce each document, thing and/or item of ESI that is identified in Public Resource’s
Mandatory Disclosures pursuant to Fed. R. Civ. P. 26(a)(1).
PRODUCTION REQUEST NO. 3.
Produce those documents, things and/or items of ESI regarding Public Resource
obtaining a printed version or versions of the 1999 Standards.
PRODUCTION REQUEST NO. 4.
Produce those documents, things and/or items of ESI regarding Public Resource
digitizing or converting a paper version of the 1999 Standards to digital format.

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PRODUCTION REQUEST NO. 5.
Produce those documents, things and/or items of ESI regarding Public Resource posting
or publishing the 1999 Standards to a Public Resource Website.
PRODUCTION REQUEST NO. 6.
Produce those documents, things and/or items of ESI showing the number of times the
1999 Standards were downloaded from a Public Resource Website.
PRODUCTION REQUEST NO. 7.
Produce those documents, things and/or items of ESI showing the number of times a
digitized or digital version of the 1999 Standards were viewed on or accessed from a Public
Resource Website.
PRODUCTION REQUEST NO. 8.
Produce those documents, things and/or items of ESI regarding any instance of which
you are aware in which a third party, after downloading the 1999 Standards from a Public
Resource Website, posted or published the 1999 Standards online to a website other than a
Public Resource Website, made further reproductions of the 1999 Standards, or created
derivative works based on the 1999 Standards.
PRODUCTION REQUEST NO. 9.
Produce those documents, things and/or items of ESI supporting and/or disputing each
Affirmative and Other Defense to Plaintiffs’ Complaint, as asserted in Public Resource’s
Counterclaim and Answer filed with the Court on July 14, 2014.

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Respectfully submitted,
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT,LLP
/s/ Jonathan Hudis
Jonathan Hudis (DC Bar # 418872)
Kathleen Cooney-Porter (DC Bar # 434526)
1940 Duke Street
Alexandria, VA 22314
Tel. [phone]
Fax [phone]
E-Mail [e-mail]
E-Mail [e-mail]

Dated: October 1, 2014
{431384US; 11005801_1.DOCX}

Attorneys for Plaintiffs
AMERICAN EDUCATIONAL RESEARCH
ASSOCIATION, INC.
AMERICAN PSYCHOLOGICAL
ASSOCIATION, INC.
NATIONAL COUNCIL ON
MEASUREMENT IN EDUCATION, INC.

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CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing PLAINTIFFS’ FIRST REQUESTS
FOR PRODUCTION OF DOCUMENTS, THINGS, AND ELECTRONICALLY STORED
INFORMATION was served on counsel for Defendant, this 1st day of October, 2014 by sending
same via e-mail to:
Andrew P. Bridges
FENWICK & WEST LLP
555 California Street, 112th Floor
San Francisco, CA 94104
[e-mail]
David Halperin
1530 P Street NW
Washington, DC 20005
[e-mail]
Mitchell L. Stoltz
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
[e-mail]
Counsel for Defendant
PUBLIC.RESOURCE.ORG, INC.
/s/ Jonathan Hudis
Jonathan Hudis