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)

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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) Matthew B. Becker (pro hac vice) 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) 1530 P Street NW Washington, DC 20005 Telephone: (202) 905-3434 Mitchell L. Stoltz (D.C. Bar No. 978149) Corynne McSherry (pro hac vice) 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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