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,
Defendant.

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

[PUBLIC VERSION]
I, Matthew Becker, declare pursuant to 28 U.S.C. § 1746 as follows:
1.

I am an attorney admitted to practice in the District of Columbia and am an

associate with the law firm of Fenwick & West LLP, counsel of record for DefendantCounterclaimant Public.Resource.Org, Inc. (“Public Resource”). Except where otherwise
indicated, I have personal knowledge of the facts herein and could and would testify competently
hereto.
2.

Attached as Exhibit 1 is a true and correct copy of excerpts of the deposition of

Kurt F. Geisinger, dated September 10, 2015.
3.

Attached as Exhibit 2 is a true and correct copy of excerpts of the deposition of

Felice Levine’s deposition, dated May 4, 2015.
4.

Attached as Exhibit 3 is a true and correct copy of Kurt F. Geisinger’s Expert

Report in this matter, dated June 10, 2015.
1

13.

Attached as Exhibit 9 is a true and correct copy of the website

http://www.aera.net/Publications/Books/StandardsforEducationalPsychologicalTesting(2014Edit
ion)/tabid/15578/Default.aspx (last visited January 21, 2015).
14.

Attached as Exhibit 10 is a true and correct copy of the website containing the

text of the 2012 State of the Union Address at https://www.whitehouse.gov/the-pressoffice/2012/01/24/remarks-president-state-union-address (last visited January 21, 2015).
15.

Attached as Exhibit 11 is a true and correct copy of the website containing a

White House announcement concerning State waivers to the No Child Left Behind law at
https://www.whitehouse.gov/blog/2012/02/09/everything-you-need-know-waivers-flexibilityand-reforming-no-child-left-behind (last visited January 21, 2015).
16.

Attached as Exhibit 12 is a true and correct copy of a Washington Post article

concerning criticism of high-stakes testing, at https://www.washingtonpost.com/blogs/answersheet/post/national-resolution-against-high-stakes-testsreleased/2012/04/23/gIQApRnNdT_blog.html (last visited January 21, 2015).
17.

Attached as Exhibit 13 is a true and correct copy of an article from FairTest.org

concerning resistance to high-stakes testing, at http://www.fairtest.org/resistance-high-stakestesting-spreads (last visited January 21, 2015).
18.

Attached as Exhibit 14 is a true and correct copy of an online order form of a

compilation of California Statutes sold by Lexis Nexis, at
http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?pageName=relatedProd
ucts&prodId=10291 (last visited January 21, 2015).
19.

Attached as Exhibit 15 is a true and correct copy of the amazon.com listing for

Code of Federal Regulations, Title 38, Pensions, Bonuses, and Veterans' Relief, Pt. 0-17,

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Revised as of July 1, 2015 http://www.amazon.com/Federal-Regulations-Pensions-BonusesVeterans/dp/0160929229/ref=sr_1_15?s=books&ie=UTF8&qid=1453340653&sr=1-15 (last
visited January 21, 2015).
20.

Attached as Exhibit 16 is a true and correct copy of a website listing prices for

books in Barnes & Noble Classics series, at http://www.barnesandnoble.com/b/barnes-nobleclassics/fiction-literature-classics/american-fiction-literature-classics/_/N-rqvZ11hj (last visited
January 21, 2015).
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 21st day of January, 2016 at San Francisco, California.

/s/ Matthew Becker
Matthew Becker
SF/5546768.2

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