Filing 48

NOTICE Consent Request for Telephonic Status Conference [Dkt. No. 45] by PUBLIC.RESOURCE.ORG, INC. re Set/Reset Hearings, (Becker, Matthew)

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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/Counter-defendants, Case No. 1:14-cv-00857-TSC-DAR CONSENT REQUEST FOR TELEPHONIC STATUS CONFERENCE [DKT. NO. 45] Filed: May 23, 2014 v. PUBLIC.RESOURCE.ORG, INC., Defendant/Counterclaimant. Defendant-Counterclaimant Public.Resource.Org respectfully requests that the status conference requested by Plaintiffs (Dkt. No. 45) and ordered by the Court to occur at 2:00 p.m. on Thursday, May 21, 2015 be held telephonically, or in the alternative, allow for a telephonic appearance by Public Resource’s counsel. As a one-person California non-profit with limited resources and pro bono representation, Public Resource has incurred great expense for repeated travel across the country and lodging in the District of Columbia, including travel for previously scheduled conferences. Public Resource understands the Court’s need to manage its calendar, and the Court’s preference for in-person conferences. In this case, however, Public Resource believes a telephonic conference is appropriate, because a telephonic status conference or appearance would not impair discussion of any outstanding issues. The principal purpose stated in Plaintiffs’ request for a status conference (Dkt. No. 45) was to discuss the joint consent motion to extend time for discovery (Dkt. No. 42) which has subsequently been granted by the Court, and to discuss Plaintiffs’ motion to compel discovery (Dkt. No. 27), which has already been fully argued before the Court. Pursuant to Local Civil Rule 7(m), Public Resource has conferred with Plaintiffs’ counsel Katherine Cappaert, who stated that Plaintiffs do not oppose Public Resource’s request that the status conference be held telephonically. Dated: May 19, 2015 Respectfully submitted, /s/ Matthew B. Becker Andrew P. Bridges (admitted) Matthew B. Becker (pro hac vice) FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 David Halperin (D.C. Bar No. 426078) 1530 P Street NW Washington, DC 20005 Telephone: (202) 905-3434 Mitchell L. Stoltz (D.C. Bar No. 978149) Corynne McSherry (pro hac vice) ELECTRONIC FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 Attorneys for Defendant-Counterclaimant Public.Resource.Org, Inc. 2

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