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

Filing 28

Consent MOTION for Extension of Time to Oppose Plaintiffs' Motion to Compel by PUBLIC.RESOURCE.ORG, INC. (Attachments: #1 Text of Proposed Order)(Bridges, Andrew)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN EDUCATIONAL RESARCH
ASSOCIATION, INC., AMERICAN
PSYCHOLOGICAL ASSOCAITION, INC., and
NATIONAL COUNCIL ON MEASUREMENT IN
EDUCATION, INC. ,
Plaintiffs/Counterdefendants,

Case No. 1:14-cv-00857-TSC-DAR
CONSENT MOTION FOR
EXTENSION OF TIME FOR
DEFENDANT’S OPPOSITION TO
PLAINTIFFS’ MOTION TO
COMPEL (DKT. NO. 27)

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

Defendant-Counterclaimant Public.Resource.Org , Inc. (“Public Resource”), respectfully
moves this Court pursuant to Fed. R. Civ. P. 6(b) and LCvR 7 for an extension of time until 6
p.m. (EST) on January 5, 2015 to oppose Plaintiffs’ Motion to Compel Discovery, Privilege Log,
and Further Initial Disclosures (Dkt. No. 27).
Before filing of this motion, Defendant’s counsel conferred with Plaintiffs’ counsel via email on December 19, 2014 and December 23, 2014, pursuant to LCvR 7(m). Plaintiffs consent
to an extension to 6 p.m. (EST) on January 5, 2015.
Plaintiffs filed its Motion to Compel Discovery, Privilege Log, and Further Initial
Disclosures on December 15, 2014. Under the local rules, Public Resource’s opposition would
be due on a day when its counsel’s offices would be closed for the holidays. Counsel for
defendant thus asked Plaintiffs to consent to an extension of time to oppose the motion on
December 19, 2014. On December 23, 2014, Jonathan Hudis, counsel for Plaintiffs, agreed to an
extension of the opposition due date to January 5, 2015.
Fed. R. Civ. P. 6(b)(1) provides that the court may extend a filing deadline for good

cause. Good cause exists here because: (i) all parties consent to the extension, (ii) the extension
is a short one due to a holiday office closure, and (iii) the extension does not prejudice any party
or affect any court hearing dates or case management deadlines.
ACCORDINGLY, Public Resource respectfully requests that the Court grant it an
extension until 6 p.m. (EST) on January 5, 2015 to oppose Plaintiffs’ Motion to Compel
Discovery, Privilege Log, and Further Initial Disclosures.
Dated: December 24, 2014

Respectfully submitted,
/s/ Andrew P. Bridges
Andrew P. Bridges (admitted)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
David Halperin (D.C. Bar No. 426078)
[e-mail]
1530 P Street NW
Washington, DC 20005
Telephone: [phone]
Corynne McSherry (pro hac vice)
[e-mail]
Mitchell L. Stoltz (D.C. Bar No. 978149)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant/Counterclaimant
Public.Resource.Org, Inc.