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)

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

December 22, 2014

ANDREW P. BRIDGES

EMAIL [e-mail]
Direct Dial [phone]

VIA E-MAIL
Jonathan Hudis
Kathleen Cooney-Porter
OBLON SPIVAK McCLELLAND MAIER &
NEUSTADT, LLP
1940 Duke Street
Alexandria, VA 22314
[e-mail]
[e-mail]
Re:

American Education Research Association, Inc., et al. v. Public.Resource.Org,
Inc., Case No.: 1:14-cv-00857-TSC (D.D.C.)

Dear Jonathan and Kathleen:
I respond to your letter of December 18, 2014. I enclose amended responses with
corrected numbering.
As to your query about method of calculation, the amended response to Interrogatory No.
5 explained:
In calculating the number of HTTP requests, Public Resource counted each
successful full retrieval request (“status code 200”) as one request and all partial
retrieval requests (“status code 206”) within the same hour as one request (under
the assumption that each set was one device making a series of partial retrieval
requests that added up to one full retrieval).
Please let us know what part of this explanation confused you.
Public Resource objected to RFP No. 7 on the grounds of burden and privacy. Public
Resource has not withdrawn these objections and it will not produce its server logs because of
the considerable burden, non-existent relevance in light of the report that we have produced, and
significant concerns regarding user privacy.
As for statistics before April 2013, Public Resource does not have any server logs for that
period.

Jonathan Hudis
Kathleen Cooney-Porter
December 22, 2014
Page 2
Your letter also calls rather broadly for production of materials that the interrogatory
responses identified. The only documents the responses identified were an original book, which
Public Resource scanned, and an invoice. If Plaintiffs wish to inspect the remains of the original
book, we will attempt to locate it. We will include the invoice in our earliest production, which
we anticipate will be in the next couple of weeks.
Yours very truly,
FENWICK & WEST LLP
s/ Andrew P. Bridges
Andrew P. Bridges
APB:cr