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).

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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, 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. 1 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) Sebastian E. Kaplan (pro hac vice pending) Matthew Becker (admitted) FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 Corynne McSherry (admitted pro hac vice) Mitchell L. Stoltz (D.C. Bar No. 978149) ELECTRONIC FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 David Halperin (D.C. Bar No. 426078) 1530 P Street NW Washington, DC 20005 Telephone: (202) 905-3434 Attorneys for Defendant-Counterclaimant Public.Resource.Org, Inc. 2

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