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

Filing 29

Memorandum in opposition to re #27 Amended MOTION to Compel filed filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: #1 Declaration of Andrew P. Bridges in Support of Defendant-Counterclaimant Public.Resource.Org, Inc.'s Opposition to Plaintiffs-Counterdefendants' Amended Motion to Compel, #2 Exhibit 1 to Declaration of Andrew P. Bridges, #3 Exhibit 2 to Declaration of Andrew P. Bridges, #4 Exhibit 3 to Declaration of Andrew P. Bridges, #5 Exhibit 4 to Declaration of Andrew P. Bridges, #6 Exhibit 5 to Declaration of Andrew P. Bridges, #7 Exhibit 6 to Declaration of Andrew P. Bridges, #8 Exhibit 7 to Declaration of Andrew P. Bridges)(Bridges, Andrew)

EXHIBIT 4

December 18, 2014
Via E-Mail
Andrew P. Bridges, Esq.
FENWICK & WEST LLP
555 California Street, 112th Fl.
San Francisco, CA 94104

JONATHAN HUDIS
[phone]
[e-mail]
KATHLEEN COONEY-PORTER
[phone]
[e-mail]
*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 have reviewed Public Resource’s Amended Responses to Plaintiffs’ Interrogatories
and Production Requests (collectively, “Amended Responses”), which we received on December
15, 2014. Our comments concerning Public Resource’s Amended Responses follow below.
1. Numbering
On both of Public Resource’s Amended Responses to Plaintiffs’ Production Requests and
Interrogatories, the numbering of the specific responses is incorrect – making the documents
confusing to read. Please provide us with revised versions of Public Resource’s Amended
Responses with the proper numbering.
2. Amended Responses to Interrogatory No. 5 and Production Request No. 7
Public Resource’s Amended Response to Interrogatory No. 5 identifies the number of
HTTP, FTP, and Rsync requests recorded on the public.resource.org website for the filename
“aera.standards.1999.pdf.” In its Amended Response to Production Request No. 7, Public
Resource refers to its Amended Response to Interrogatory No. 5 – stating that “Public Resource
has provided a report specifying the numbers of times the 1999 Standard was accessed from the
Public.Resource.Org website.” Amended Resp. to Prod. Reqs., at p. 11. Public Resource’s
Amended Response to Interrogatory No. 5, however, simply lists the number of HTTP, FTP, and
Rsync requests by month without providing any additional information or documentation
regarding how those numbers were calculated or generated.
Plaintiffs’ Production Request No. 1, asks that Public Resource provide those materials it
identified in responding to Plaintiffs’ Interrogatories. Please provide a date-certain by which
Public Resource will produce the materials relied upon in responding to Interrogatory No. 5.

OBLON, SPIVAK, MCCLELLAND, MAIER & NEUSTADT, L.L.P.
1940 DUKE STREET  ALEXANDRIA, VIRGINIA 22314  U.S.A.
TELEPHONE: [phone]  FACSIMILE: 703-413-2220  WWW.OBLON.COM

Andrew P. Bridges, Esq.
Our Ref. 431384US-332060-332060-69-L DMS
Page 2
Additionally, the recordation dates for the HTTP, FTP, and Rsync requests begin in April
2013 and run until October 2014. Public Resource’s response to Interrogatory No. 2, however,
states that Plaintiffs’ 1999 Standards were first posted to the law.resource.org website on July 11,
2012. Please provide us with the number of HTTP, FTP, and Rsync requests recorded on
Defendant’s website for the filename “aera.standards.1999.pdf” from July 2012 to the present.
Very truly yours,
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT, L.L.P.

Jonathan Hudis

Kathleen Cooney-Porter
JH/jh {11299299_1.DOCX }

cc:

Mitchell L. Stoltz, Esq.,
Corynne McSherry, Esq.,
David Halperin, Esq.
American Educational Research Association, Inc.
American Psychological Association, Inc.
National Council on Measurement in Education, Inc.
Katherine D. Cappaert, Esq.