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

Filing 67

MOTION to Strike #60 the declaration of Kurt P. Geisinger by PUBLIC.RESOURCE.ORG, INC. (Attachments: #1 Memorandum in Support of Defendant-Counterclaimant Public.Resource.Orgs Motion to Strike [PUBLIC], #2 Declaration of Matthew Becker [PUBLIC], #3 Exhibit 1 (Filed Under Seal), #4 Exhibit 2 (Filed Under Seal), #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6 (Filed Under Seal), #9 Exhibit 7 (Filed Under Seal), #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Text of Proposed Order, #20 Certificate of Service)(Bridges, Andrew) Modified on 1/21/2016 linkage and text(td).

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,
v.
PUBLIC.RESOURCE.ORG,

Case No. 1:14-CV-00857-TSC-DAR
DEFENDANT-COUNTERCLAIMANT
PUBLIC.RESOURCE.ORG’S MOTION
TO STRIKE ECF NO. 60-88, THE
DECLARATION OF KURT P.
GEISINGER IN SUPPORT OF
PLAINTIFFS’ MOTION FOR
SUMMARY JUDGMENT AND
PERMANENT INJUNCTION
Action Filed: May 23, 2014

Defendant.

Defendant-Counterclaimant Public.Resource.Org, Inc. (“Public Resource”) respectfully
moves to strike ECF No. 60-88, the Declaration f Kurt P. Geisinger In Support of Plaintiffs’
Motion for Summary Judgment and Permanent Injunction.
As described in the attached Memorandum of Law in Support of Defendant’s Motion to
Strike, Kurt P. Geisinger’s testimony includes new opinions, reasons, and facts that were not
disclosed in his expert report and must be excluded under Federal Rule of Civil Procedure 37.
Further, Geisinger is not qualified to testify on the matters contained in the report under the
standards of Federal Rule of Evidence 702 and Daubert. Mr. Geisinger’s opinions further rest
uncritically on statements from Plaintiffs’ agents, invade the province of the court, and rest on
unsupported assumptions, facts, and methods. For these reasons, Mr. Geisinger’s report should
be stricken from the record, along with all citations to and quotations of that report in Plaintiffs’
Motion for Summary Judgment and Permanent Injunction.
Public Resource requests an oral hearing on this motion.

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This motion is based on the enclosed Memorandum of Points & Authorities, the
Declaration of Matthew Becker and the exhibits attached thereto, Public Resource’s proposed
Order, the pleadings and papers on file herein, and any further material and argument presented
to the Court at the time of the hearing.

Dated: January 21, 2016

Respectfully submitted,
/s/ Andrew P. Bridges
Andrew P. Bridges (admitted)
[e-mail]
Sebastian E. Kaplan (pro hac vice pending)
[e-mail]
Matthew Becker (admitted)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Corynne McSherry (admitted pro hac vice)
[e-mail]
Mitchell L. Stoltz (D.C. Bar No. 978149)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
David Halperin (D.C. Bar No. 426078)
[e-mail]
1530 P Street NW
Washington, DC 20005
Telephone: [phone]
Attorneys for Defendant-Counterclaimant
Public.Resource.Org, Inc.

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