AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 43

MEET AND CONFER STATEMENT. (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/Counterclaim Plaintiff.

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Civil Action No. 1:14-cv-00857-CRC
JOINT REPORT ON THE
STATUS OF DISCOVERY

Pursuant to the Court’s Order of March 9, 2015, requesting that counsel meet and confer
in advance of the March 19, 2015 Status Conference in an effort to reach a consensus regarding
the expeditious completion of discovery, Plaintiffs, American Educational Research Association,
Inc. (“AERA”), American Psychological Association, Inc. (“APA”), and National Council on
Measurement in Education, Inc. (“NCME”) (collectively, “Plaintiffs”), and Defendant,
Public.Resource.Org, Inc. (“Defendant” or “Public Resource”) (collectively, “the Parties”), by
and through undersigned counsel, respectfully submit this Joint Report on the Status of
Discovery.
STATUS OF DISCOVERY
The Parties are currently working to resolve multiple paper discovery disputes. Public
Resource sent Plaintiffs a letter on March 2, 2015 critiquing Plaintiffs’ responses to Public
Resource’s First Set of Interrogatories and First Set of Requests for Production. Plaintiffs
responded to this letter on March 6, 2015. On March 6, 2015, Plaintiffs also sent Public
Resource a letter critiquing Public Resource’s responses to Plaintiffs’ Second Set of

Interrogatories and Second Set of Requests for Production. The Parties met and conferred by
telephone in a good faith effort to resolve these disputes on March 12, 2015. Following that
telephone conference, the Parties are attempting to work out the discovery issues that remain
among them.
The Parties also are awaiting the Court’s ruling on Plaintiffs’ pending Amended Motion
to Compel Discovery, Privilege Log, and Further Initial Disclosures, filed with the Court on
December 15, 2014, and argued on January 22, 2015.
Plaintiffs have moved, with the consent and concurrence of Defendant, for an extension
of the fact discovery deadline and subsequent deadlines. The requested extension will allow the
parties time to resolve paper discovery issues and conduct depositions.
Respectfully submitted,
OBLON, McCLELLAND,
MAIER & NEUSTADT, LLP
Dated: March 17, 2015

/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]
Attorneys for Plaintiffs-Counterclaim Defendants
AMERICAN EDUCATIONAL RESEARCH
ASSOCIATION, INC.
AMERICAN PSYCHOLOGICAL
ASSOCIATION, INC.
NATIONAL COUNCIL ON
MEASUREMENT IN EDUCATION, INC.

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FENWICK & WEST LLP
Dated: March 17, 2015

/s/ Andrew P. Bridges
Andrew P. Bridges (admitted)
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Matthew B. Becker (Pro Hac Vice)
FENWICK & WEST LLP
801 California Street
Mountain View, CA 94041
Telephone: [phone]
[e-mail]
David Halperin (D.C. Bar No. 426078)
1530 P Street NW
Washington, DC 20005
Telephone: [phone]
[e-mail]
Mitchell L. Stoltz (D.C. Bar No. 978149)
Corynne McSherry (Pro Hac Vice)
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant-Counterclaimant
PUBLIC.RESOURCE.ORG, INC.

{431384US, 11904765_1.DOCX}

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CERTIFICATE OF SERVICE
I hereby certify that on March 17, 2015 the foregoing JOINT REPORT ON THE
STATUS OF DISCOVERY was 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
FENWICK & WEST LLP
555 California Street, 112th Floor
San Francisco, CA 94104
[e-mail]
Matthew B. Becker
FENWICK & WEST LLP
801 California Street
Mountain View, CA 94041
Telephone: [phone]
[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