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

Filing 45

MOTION for Hearing re #27 Amended MOTION to Compel filed, #42 Consent MOTION for Extension of Time to Complete Discovery filed without opposition from Defendant by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (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
PLAINTIFFS’ REQUEST FOR
STATUS CONFERENCE

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 request that
the Court schedule a status conference in the above-captioned case at the earliest possible date.
Pursuant

to

LCvR

7(m),

the

undersigned

counsel

discussed

this

motion

with

Defendant/Counterclaimant, Public.Resource.Org, Inc.’s (“Public Resource’s”) counsel,
Matthew Becker, via telephone on April 9, 2015 in a good faith effort to determine whether there
would be any opposition to the relief sought by Plaintiffs. Public Resource does not oppose the
relief requested herein, but requests that the status conference be held by telephone.
Statement of Points and Authorities
Plaintiffs’ Amended Motion to Compel Discovery, Privilege Log, and Further Initial
Disclosures (Dkt. No. 27 – filed on December 15, 2014), and the parties’ Consent Motion to
Extend Time for Discovery and Case Schedule (Dkt. No. 42 – filed on March 4, 2015), are still
pending before the Court.

A status conference was held on March 19, 2015 (“Status

Conference”), at which time the Court took the parties’ consent motion and Plaintiffs’ motion to

compel under advisement. Discovery cannot be completed without guidance from the Court on
the matters that are the subject of these motions. It is noted that, according to the Scheduling
Order now in effect (Dkt. No. 22), fact discovery closed on March 16, 2015. However, the Court
noted during the Status Conference, in response to an inquiry from the undersigned, that the
parties should continue with discovery pending the Court’s rulings.
On April 8, 2015, Public Resource served eight deposition notices on Plaintiffs. On April
9, 2015, Plaintiffs served two deposition notices on Public Resource. As there are still two
discovery-related motions pending before the Court and depositions are now being scheduled,
Plaintiffs request a status conference so that the Court can provide clarity and guidance on the
outstanding discovery issues and the discovery schedule.
Respectfully submitted,
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT,LLP
Dated: April 9, 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, 12041645_1.DOCX}

2

CERTIFICATE OF SERVICE
I hereby certify that on April 9, 2015, the foregoing PLAINTIFFS’ REQUEST FOR
STATUS CONFERENCE 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
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