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)
[e-mail]
Matthew B. Becker (pro hac vice)
[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]
Mitchell L. Stoltz (D.C. Bar No. 978149)
[e-mail]
Corynne McSherry (pro hac vice)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant-Counterclaimant
Public.Resource.Org, Inc.

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