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. [phone]
Fax [phone]
E-Mail [e-mail]
E-Mail [e-mail]
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
[e-mail]
[e-mail]
David Halperin
1530 P Street NW
Washington, DC 20005
[e-mail]
Mitchell L. Stoltz
Corynne McSherry
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
[e-mail]
[e-mail]
Counsel for Defendant
PUBLIC.RESOURCE.ORG, INC.
/s/ Jonathan Hudis
Jonathan Hudis