AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.
Filing
42
Consent MOTION for Extension of Time to Complete Discovery filed by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (Attachments: #1 Text of Proposed Order)(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
CONSENT MOTION TO EXTEND
TIME FOR DISCOVERY AND CASE
SCHEDULE
Plaintiffs/Counterclaim Defendants, American Educational Research Association, Inc.
(“AERA”), American Psychological Association, Inc. (“APA”), and National Council on
Measurement in Education, Inc. (“NCME”) (collectively, “Plaintiffs”), respectfully move this
Court to extend the fact discovery deadline and remaining deadlines on the case schedule,
currently set by Dkt. No. 22, by two months. Pursuant to LCvR 7(m), the undersigned counsel
discussed this motion with Defendant/Counterclaimant, Public.Resource.Org, Inc.’s (“Public
Resource’s”) counsel, Mitch Stoltz and Corynne McSherry, via telephone and e-mail in a good
faith effort to determine whether there would be any opposition to the relief sought by Plaintiffs.
Public Resource consents to the relief requested herein.
Statement of Points and Authorities
Fact discovery is currently set to close on March 16, 2015 (Dkt. No. 22). Counsel for all
parties conferred via telephone on March 3, 2015, at which time undersigned counsel for
Plaintiffs requested Defendant’s consent to extend the close of fact discovery for two months.
Mitch Stoltz and Corynne McSherry, counsel for Public Resource, consented to this relief.
Plaintiffs also conferred with Mitch Stoltz and Corynne McSherry regarding the below
proposed schedule via e-mail on March 3-4, 2015. Mitch Stoltz agreed to the below dates via
e-mail on March 4, 2015 as a reasonable extension of the schedule.
Extending the deadlines by two months allows the parties to conduct depositions and
additional discovery in an organized and timely fashion after this Court’s resolution of Plaintiffs’
Amended Motion to Compel Discovery, Privilege Log, and Further Initial Disclosures, which is
currently pending before the Court.
ACCORDINGLY, Plaintiffs, with Public Resource’s agreement, respectfully ask that the
Court modify the remaining schedule as follows:
Current Date
Proposed Date
Close of fact discovery
March 16, 2015
May 18, 2015
Opening Expert Disclosures
April 15, 2015
June 15, 2015
Rebuttal Expert Disclosures
May 15, 2015
July 15, 2015
Replies to Rebuttal Disclosures
May 29, 2015
July 29, 2015
Final Replies to Expert Disclosures June 12, 2015
August 12, 2015
Close of Discovery
July 13, 2015
September 11, 2015
Post-Discovery Conference
July 15, 2015
September 15, 2015
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Respectfully submitted,
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT,LLP
Dated: March 4, 2015
By:
/s/ Jonathan Hudis
Jonathan Hudis (DC Bar # 418872)
Kathleen Cooney-Porter (DC Bar # 434526)
OBLON, McCLELLAND,
MAIER & NEUSTADT, LLP
1940 Duke Street
Alexandria, VA 22314
Tel. (703) 413-3000
Fax (703) 413-2220
E-Mail jhudis@oblon.com
E-Mail kcooney-porter@oblon.com
Attorneys for Plaintiffs
AMERICAN EDUCATIONAL RESEARCH
ASSOCIATION, INC.
AMERICAN PSYCHOLOGICAL
ASSOCIATION, INC.
NATIONAL COUNCIL ON
MEASUREMENT IN EDUCATION, INC.
JH/KCP/KDC/kdc {431384US, 11822262_1.DOCX}
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CERTIFICATE OF SERVICE
I hereby certify that on March 4, 2015, the foregoing CONSENT MOTION TO
EXTEND TIME FOR DISCOVERY AND CASE SCHEDULE and a PROPOSED ORDER
were filed using the CM/ECF system that sent notice of the filing of these documents to all
counsel of record, and was also served via e-mail to:
Andrew P. Bridges
Matthew B. Becker
FENWICK & WEST LLP
555 California Street, 112th Floor
San Francisco, CA 94104
abridges@fenwick.com
mbecker@fenwick.com
David Halperin
1530 P Street NW
Washington, DC 20005
davidhalperindc@gmail.com
Mitchell L. Stoltz
Corynne McSherry
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
mitch@eff.org
corynne@eff.org
Counsel for Defendant
PUBLIC.RESOURCE.ORG, INC.
/s/ Jonathan Hudis
Jonathan Hudis
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