AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.
Filing
41
WITHDRAWAL of Motion by PUBLIC.RESOURCE.ORG, INC. re #33 MOTION to Consolidate Cases Defendant-Counterclaim Public.Resource.Org, Inc.'s Motion to Consolidate for the Purposes of Discovery filed by PUBLIC.RESOURCE.ORG, INC. . (Bridges, Andrew)
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.,
Case No. 1:14-cv-00857-TSC-DAR
WITHDRAWAL OF
PUBLIC.RESOURCE.ORG, INC.’S
MOTION FOR CONSOLIDATION FOR
PURPOSES OF DISCOVERY [DKT. NO. 33]
Plaintiffs/Counter-defendants,
v.
Filed:
May 23, 2014
PUBLIC.RESOURCE.ORG, INC.,
Defendant/Counterclaimant.
Defendant-Counterclaimant Public.Resource.Org withdraws its motion for consolidation
of this case with ASTM et al. v. Public.Resource.Org, Case No. 1:13-cv-01215-TSC-DAR (the
“ASTM Plaintiffs’ case”) for the purposes of discovery [Dkt. No. 33]. The deposition of Public
Resource has begun in the ASTM Plaintiffs’ case. Plaintiffs in the two cases did not agree to
participate jointly in the deposition, the ASTM Plaintiffs refused to defer the depositions until
the Court’s decision on the consolidation motion, and the Court has not ruled on Defendant’s
motion for a protective order to defer the depositions of Public Resource and Carl Malamud until
a decision on the consolidation motion. With the deposition of Public Resource now underway
in the ASTM Plaintiffs’ case alone, a major reason for consolidation of discovery has become
moot. Although other factors supporting consolidation still exist (as Public Resource identified
in its motion), Public Resource no longer believes that the remaining factors by themselves
warrant consolidation at this time.
Dated: February 26, 2015
Respectfully submitted,
/s/ Andrew P. Bridges
Andrew P. Bridges (admitted)
abridges@fenwick.com
Matthew B. Becker (pro hac vice)
mbecker@fenwick.com
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: (415) 875-2300
Facsimile: (415) 281-1350
David Halperin (D.C. Bar No. 426078)
davidhalperindc@gmail.com
1530 P Street NW
Washington, DC 20005
Telephone: (202) 905-3434
Mitchell L. Stoltz (D.C. Bar No. 978149)
mitch@eff.org
Corynne McSherry (pro hac vice)
corynne@eff.org
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: (415) 436-9333
Facsimile: (415) 436-9993
Attorneys for Defendant-Counterclaimant
Public.Resource.Org, Inc.
2
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