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

Filing 30

REPLY to opposition to motion re #27 Amended MOTION to Compel filed on December 15, 2014, filed by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC.. (Attachments: #1 Declaration in Reply of Jonathan Hudis, #2 Exhibit S to Hudis Reply Decl, #3 Exhibit T to Hudis Reply Decl, #4 Exhibit U to Hudis Reply Decl, #5 Exhibit V to Hudis Reply Decl, #6 Exhibit W to Hudis Reply Decl, #7 Exhibit X to Hudis Reply Decl, #8 Exhibit Y to Hudis Reply Decl, #9 Exhibit Z to Hudis Reply Decl, #10 Exhibit AA to Hudis Reply Decl, #11 Exhibit BB to Hudis Reply Decl, #12 Exhibit CC to Hudis Reply Decl, #13 Exhibit DD to Hudis Reply Decl, #14 Exhibit EE to Hudis Reply Decl, #15 Text of Proposed Order -Revised)(Hudis, Jonathan)

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
REPLY DECLARATION OF
JONATHAN HUDIS IN FURTHER
SUPPORT OF PLAINTIFFS’
AMENDED MOTION TO COMPEL
DISCOVERY, PRIVILEGE LOG, AND
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 Reply Declaration in further 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 S is a true copy of Defendant’s

Amended Objections and Responses to Plaintiffs’ First Set of Interrogatories, served on
December 15, 2014.

5.

Accompanying this Declaration as Exhibit T is a true copy of Defendant’s

Amended Objections and Responses to Plaintiffs’ First Production Requests, served on
December 15, 2014.
6.

Accompanying this Declaration as Exhibit U is a true copy of the title page, table

of contents, and chapter 1.4 – “Overall Operation” of the RFC 2616 – Hypertext Transfer
Protocol – HTTP/1.1 available at https://tools.ietf.org/html/rfc2616#section1.4, which was last
accessed on January 8, 2015.
7.

Accompanying this Declaration as Exhibit V is a true copy of the article

“Understanding the FTP Protocol” by Don Parker published on windowsnetworking.com on
September 8, 2006.
8.

Accompanying this Declaration as Exhibit W is a true copy of “The Rsync

Algorithm” by Andrew Tridgell and Paul Mackerras, published in the Australian National
University Joint Computer Science Technical Report Series in June 1996.
9.

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

December 18, 2014 from me and my partner, Kathleen Cooney-Porter, to Andrew Bridges,
Defendant’s counsel.
10.

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

December 30, 2014 from me and my partner, Kathleen Cooney-Porter, to Andrew Bridges,
Defendant’s counsel.
11.

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

December 22, 2014 from Andrew Bridges, Defendant’s counsel.
12.

Accompanying this Declaration as Exhibit AA is a true copy of a portion of a

spreadsheet produced by Defendants at PROAERA_00000827.

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13.

Accompanying this Declaration as Exhibit BB is a true copy of the e-mail

correspondence sent from John Neikirk, Director of Publications at AERA, to Carl Malamud on
December 16, 2013 produced by Defendants at PROAERA_00000806.
14.

Accompanying this Declaration as Exhibit CC is a true copy of the letter sent

from Carl Malamud to John Neikirk on December 19, 2013 produced by Defendants at
PROAERA_00000808-PROAERA_00000809.
15.

Accompanying this Declaration as Exhibit DD is a true copy of a list of the

beginning and ending Bates Numbers of the 78 documents produced by Public Resource on
December 29, 2014.
16.

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

conference to discuss outstanding discovery issues. I and Kathleen Cooney-Porter participated
on behalf of Plaintiffs. Andrew Bridges participated on behalf of Defendant. During this
conversation, Mr. Bridges never indicated when amended discovery responses, if any, would be
forthcoming or when discovery documents would be produced.
17.

The parties’ counsel, on December 15, 2014, participated in a telephone

conference to discuss outstanding discovery issues. I and Kathleen Cooney-Porter participated
on behalf of Plaintiffs.

Mitchell Stoltz and Corynne McSherry participated on behalf of

Defendant. During this conversation, neither Mr. Stoltz nor Ms. McSherry ever stated when
amended discovery responses, if any, would be forthcoming or when discovery documents
would be produced
18.

Accompanying this Declaration as Exhibit EE is a true copy of an e-mail from me

and my partner, Kathleen Cooney-Porter, to Mitchell Stoltz and Corynne McSherry, Defendant’s
counsel, sent on December 15, 2014.

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19.

Plaintiffs received Defendant’s document production on December 29, 2014.

Dated: January 12, 2015

/s/ Jonathan Hudis
Jonathan Hudis

JH:KCP:kc {431384US, 11520605_1.DOCX}

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