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

Filing 47

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
PLAINTIFFS’ MOTION TO EXTEND
TIME FOR FACT DISCOVERY

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 pending the resolution of Plaintiffs’ Amended
Motion to Compel Discovery, Privilege Log, and Further Initial Disclosures (Dkt. No. 27,
“Plaintiffs’ Amended Motion to Compel”). Pursuant to LCvR 7(m), Plaintiffs’ undersigned
counsel discussed this motion with Defendant/Counterclaimant, Public.Resource.Org, Inc.’s
(“Public Resource’s”) counsel, Matthew B. Becker, via telephone on May 18, 2015 in a good
faith effort to determine whether there would be any opposition to the relief sought by Plaintiffs.
Public Resource intends to oppose to the relief requested herein.
Statement of Points and Authorities
Plaintiffs’ Amended Motion to Compel was filed with the Court on December 15, 2014.
Oral argument on Plaintiffs’ Amended Motion to Compel was held on January 22, 2015, at
which time the Court took Plaintiffs’ motion “under advisement.” A status conference was held

on March 19, 2015, at which time the Court again took Plaintiffs’ motion “under advisement.”
Discovery cannot be completed, however, without guidance from the Court on the matters that
are the subject of Plaintiffs’ Amended Motion to Compel.
Accordingly, on April 9, 2015, Plaintiffs requested a status conference seeking clarity
and guidance from the Court on the outstanding discovery issues and the discovery schedule.
The Court scheduled a status conference for May 6, 2015. However, the status conference has
since been rescheduled twice, to May 13, and May 21, 2015. Thus, the status conference is now
scheduled to occur three days after the May 18, 2015 due-date for the close of fact discovery.
Plaintiffs cannot complete discovery until the Court rules on Plaintiffs’ Amended Motion
to Compel.

Plaintiffs require the opportunity to conduct a follow-up deposition of Public

Resource regarding any information or materials the Court orders that Public Resource produce.
Therefore, in order to allow for the diligent and orderly completion of discovery, Plaintiffs’
request that the close of fact discovery be extended until three weeks after Public Resource
produces any information or documents ordered by the Court’s ruling on Plaintiffs’ Amended
Motion to Compel.
The requested extension will provide Public Resource with time to produce any necessary
information and documents, and allow Plaintiffs to conduct a supplemental deposition of Public
Resource (preferably by video conference) regarding the subject matter contained in the
materials Public Resource produces. Plaintiffs do not seek to change the remainder of the dates
set forth in Plaintiffs’ Consent Motion to Extend Time for Discovery and Case Schedule (Dkt.
No. 42), granted by the Court on May 5, 2015. These dates remain in effect.
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Respectfully submitted,
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT,LLP
Dated: May 18, 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, 12254089_1.DOCX}

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CERTIFICATE OF SERVICE
I hereby certify that on May 18, 2015, the foregoing MOTION TO EXTEND TIME
FOR FACT DISCOVERY 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
FENWICK & WEST LLP
555 California Street, Suite 1200
San Francisco, CA 94104
[e-mail]
Matthew B. Becker
FENWICK & WEST LLP
801 California Street
Mountain View, CA 94041
[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