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

Filing 60

MOTION for Summary Judgment Filed by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (Attachments: #1 Statement of Facts Points of Authority, #2 Statement of Facts Statement of Undisputed Facts, #3 Declaration Declaration of Jonathan Hudis, #4 Exhibit Ex. A, #5 Exhibit Ex. B, #6 Exhibit Ex. C, #7 Exhibit Ex. D, #8 Exhibit Ex. E, #9 Exhibit Ex. F, #10 Exhibit Ex. G, #11 Exhibit Ex. H, #12 Exhibit Ex. I, #13 Exhibit Ex. J, #14 Exhibit Ex. K, #15 Exhibit Ex. L, #16 Exhibit Ex. M, #17 Exhibit Ex. N, #18 Exhibit Ex. O, #19 Exhibit Ex. P, #20 Exhibit Ex. Q, #21 Exhibit Ex. R, #22 Exhibit Ex. S, #23 Exhibit Ex. T, #24 Exhibit Ex. U, #25 Exhibit Ex. V-1, #26 Exhibit Ex. V-2, #27 Exhibit Ex. W, #28 Exhibit Ex. X, #29 Exhibit Ex. Y, #30 Exhibit Ex. Z, #31 Exhibit Ex. AA, #32 Exhibit Ex. BB, #33 Exhibit Ex. CC, #34 Exhibit Ex. DD, #35 Exhibit Ex. EE, #36 Exhibit Ex. FF-1, #37 Exhibit Ex. FF-2, #38 Exhibit Ex. FF-3, #39 Exhibit Ex. FF-4, #40 Exhibit Ex. FF-5, #41 Exhibit Ex. FF-6, #42 Exhibit Ex. GG, #43 Exhibit Ex. HH, #44 Exhibit Ex. II, #45 Exhibit Ex. JJ, #46 Exhibit Ex. KK, #47 Exhibit Ex. LL, #48 Exhibit Ex. MM, #49 Declaration Declaration of Marianne Ernesto, #50 Exhibit Ex. NN, #51 Exhibit Ex. OO, #52 Exhibit Ex. PP, #53 Exhibit Ex. QQ, #54 Exhibit Ex. RR, #55 Exhibit Ex. SS, #56 Exhibit Ex. TT, #57 Exhibit Ex. UU, #58 Exhibit Ex. VV, #59 Exhibit Ex. WW, #60 Exhibit Ex. XX, #61 Exhibit Ex. YY, #62 Exhibit Ex. ZZ, #63 Exhibit Ex. AAA, #64 Exhibit Ex. BBB, #65 Exhibit Ex. CCC, #66 Exhibit Ex. DDD, #67 Exhibit Ex. EEE, #68 Exhibit Ex. FFF, #69 Exhibit Ex. GGG, #70 Exhibit Ex. HHH, #71 Exhibit Ex. III, #72 Exhibit Ex. JJJ, #73 Declaration Declaration of Lauress Wise, #74 Exhibit Ex. KKK, #75 Exhibit Ex. LLL, #76 Declaration Declaration of Wayne Camara, #77 Exhibit Ex. MMM, #78 Declaration Declaration of Felice Levine, #79 Exhibit Ex. NNN, #80 Exhibit Ex. OOO (Public Version), #81 Exhibit Ex. PPP, #82 Exhibit Ex. QQQ, #83 Exhibit Ex. RRR, #84 Exhibit Ex. SSS, #85 Exhibit Ex. TTT-1, #86 Exhibit Ex. TTT-2, #87 Exhibit Ex. UUU, #88 Declaration Declaration of Kurt Geisinger, #89 Declaration Declaration of Dianne Schneider, #90 Text of Proposed Order Proposed Order, #91 Certificate of Service Certificate of Service)(Hudis, Jonathan). Added MOTION for Permanent Injunction on 12/22/2015 (td).

EXHIBIT MMM
Case No. 1:14-cv-00857-TSC-DAR

IIIU el 11.11:11

From:
To:
CC:

Sent:
Subject:

John S. Neikirk
'Wayne Camara'
Suzanne Lane (81+@pittedu); dfrisbie©uiowa.edu; Felice Levine
2/14/2014 9:40:11 PM
RE: Existing Standards

Hi Wayne, thanks for your message and letting me know that this is possible. We are in communication with AERA's
legal counsel, and perhaps also some outside help as well. We will be in touch as soon as we learn more.
Best wishes, John
John Neikirk
Director of Publications
American Educational Research Association
1430 K Street, NW, Suite 1200
Washington, DC 20005
202.238.3238

jneikirk©aera.net
From: Wayne Camara [mailto:Wayne.Camara@actorg]
Sent: Friday, February 07, 2014 8:26 AM
To: John S. Neikirk
Cc: Suzanne Lane (s1+©pittedu); dfrisbie©uiowa.edu
Subject: RE: Existing Standards

John the management committee has funds to cover any legal work that might be needed to get this issue escalated.
So feel free to let us know if you want to bring in some legal counsel to pursue this.
From: John S. Neikirk [mailto:1NeikirkOaera.net]
Sent: Wednesday, February 05, 2014 10:35 AM
To: Felice Levine; Wayne Camara; Ernesto, Marianne; rlwise©humrro.org'; SLObitt.edu; Frisbie, David A; Gerald Sroufe
Cc: Barbara Flake
Subject: RE: Existing Standards
Hello everyone, I am folloNNing up on the messages from December about the pdf posting of Standards at:

littps://1aw.resource.orainubiusicfr/ibr/001/aera.standards.1999.udf
I had thought this was taken down after I wrote to the organization in December, asking that the pdf be taken down
immediately. I checked yesterday and die pdf is still available. I wrote back to the organization, and I received a reply with the
attached pdf letter, which had been sent in December apparently (the messages from this organization go stmight into spam).
As you can see from die attached letter, the author (Carl Malamud of Public.Resource.Org) claims that the 1999 edition is in
now in the public domain because it was Incorporated by Reference by die Department of Education.
Please see: http://www.ecfrmovicai-binitext-idx?c=ecfr&sid=c67daaa426ddc5f9838ea4247c36c938&rmi=div8&vieNs=text&
nod e=34:3 .1. 3.1.34.10.39.8 &idno=34

We are looking into this now and will mport back to the group when we have more infonnation.
Best wishes, Jolm

John Neikirk
Director of Publications
American Educational Research Association
1430 K Street, NW, Suite 1200
Washington, DC 20005

AERA_APA_NCME_0031923

r,

Confidential

202.238.3238
[e-mail]

From: Felice Levine
Sent: Monday, December 16, 2013 2:38 PM
To: 'Wayne Camara'; Ernesto, Marianne; '[e-mail]'; SLOpittedu; Frisbie, David A; Gerald Sroufe
Cc: Barbara Plake; John S. Neikirk
Subject: RE: Existing Standards

Yes, wow.... This must be a copyright infringement or something to the equivalent.... But John will look into this, felice
From: Wayne Camara [mailto:[e-mail]]
Sent: Monday, December 16, 2013 2:16 PM
To: Ernesto, Marianne; '[e-mail]'; SL©pitt.edu; Frisbie, David A; Gerald Sroufe; Felice Levine
Cc: Barbara Flake
Subject: RE: Existing Standards

Jerry and Felice

can you look into this? We need to get them to pull this off the web.

From: Ernesto, Marianne [mailto:[e-mail]]
Sent: Monday, December 16, 2013 1:09 PM
To: '[e-mail]'; SLepitt.edu; Wayne Camara; Frisbie, David A
Cc: Jerry Sroufe; Barbara Flake
Subject: RE: Existing Standards

This is news to mel
Jerry and all,
Any idea how this got posted?

Madame
From: Iwiseehumrro.oro [mailto:[e-mail]]
Sent: Monday, December 16, 2013 1:53 PM
To: [e-mail]; Wayne Camara; Frisbie, David A
Cc: Jerry Sroufe; Ernesto, Marianne; Barbara Flake
Subject: Existing Standards
Are they supposed to be available (in pdf form) free?

https://law.resource.or0pub/us/cfr/ibr/001/aera.s andards.1999.pdf

Lauress (Laurie) L. Wse, Principal Scientist
Human Resources Research Organization (HumRRO)
20 Ragsdale Drive, Suite 260
Monterey, CA 93940
Phone: [phone]
Fax [phone]
Cell: 703-727-3817

AERA_APA_NCME_0031924