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

Filing 70

LARGE ADDITIONAL ATTACHMENT(S) Index of Consolidated Exhibits In Support of Public.Resource.Org's Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment and Permanent Injunction by PUBLIC.RESOURCE.ORG, INC. #69 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment and Permanent Injunction filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 [Sealed], #3 Exhibit 3 [Sealed], #4 Exhibit 4 [Sealed], #5 Exhibit 5 [Sealed], #6 Exhibit 6 [Sealed], #7 Exhibit 7, #8 Exhibit 8 [Sealed], #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11 [Sealed], #12 Exhibit 12 [Sealed], #13 Exhibit 13 [Sealed], #14 Exhibit 14 [Sealed], #15 Exhibit 15 [Sealed], #16 Exhibit 17 [Sealed], #17 Exhibit 18 [Sealed], #18 Exhibit 19 [Sealed], #19 Exhibit 20 [Sealed], #20 Exhibit 21 [Sealed], #21 Exhibit 22 [Sealed], #22 Exhibit 23 [Sealed], #23 Exhibit 24 [Sealed], #24 Exhibit 25 [Sealed], #25 Exhibit 26 [Sealed], #26 Exhibit 27 [Sealed], #27 Exhibit 28 [Sealed], #28 Exhibit 29 [Sealed], #29 Exhibit 30 [Sealed], #30 Exhibit 31, #31 Exhibit 32 [Sealed], #32 Exhibit 33 [Sealed], #33 Exhibit 34 [Sealed], #34 Exhibit 35, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38 [Sealed], #38 Exhibit 39, #39 Exhibit 40, #40 Exhibit 41 [Sealed], #41 Exhibit 42 [Sealed], #42 Exhibit 43 [Sealed], #43 Exhibit 44, #44 Exhibit 45, #45 Exhibit 46, #46 Exhibit 47, #47 Exhibit 48, #48 Exhibit 49, #49 Exhibit 50 [Sealed], #50 Exhibit 51, #51 Exhibit 52, #52 Exhibit 53, #53 Exhibit 54, #54 Exhibit 55, #55 Exhibit 56, #56 Exhibit 57, #57 Exhibit 58, #58 Exhibit 59, #59 Exhibit 60, #60 Exhibit 61, #61 Exhibit 62, #62 Exhibit 63, #63 Exhibit 64 [Sealed], #64 Exhibit 65, #65 Exhibit 66, #66 Exhibit 67, #67 Exhibit 68, #68 Exhibit 69, #69 Exhibit 70, #70 Exhibit 71, #71 Exhibit 72, #72 Exhibit 73, #73 Exhibit 74)(Bridges, Andrew)

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
DEFNDANT-COUNTERCLAIMANT
PUBLIC.RESOURCE.ORG, INC.’S
INDEX OF CONSOLIDATED
EXHIBITS IN SUPPORT OF ITS
MOTION FOR SUMMARY
JUDGMENT AND OPPOSITION TO
PLAINTIFFS’ MOTION FOR
SUMMARY JUDGMENT AND
PERMANENT INJUNCTION
Action Filed: May 23, 2014

Defendant-Counterclaimant Public.Resource.Org, Inc. (“Public Resource”) submits the
following Index of Consolidated Exhibits in Support of its Motion for Summary Judgment and
Opposition to Plaintiffs’ Motion for Summary Judgment and Permanent Injunction.
Exh. No.

Document Title

1

Public Resource’s Articles of Incorporation, at https://public.resource.org
/public.resource.articles.html.

2

Excerpts of the deposition of Diane L. Schneider, dated April 23, 2015

3

Excerpts of the deposition of Marianne Ernesto, dated April 29, 2015

4

Excerpts of the deposition of Wayne Camara, dated May 1, 2015.

5

Excerpts of the deposition of Felice Levine, dated May 4, 2015

6

Excerpts of the deposition of Lauress Wise, dated May 11, 2015

7

Excerpts of the deposition of Carl Malamud, dated May 12, 2015

8

Excerpts of the deposition of Kurt F. Geisinger, dated September 10, 2015

9

Exhibit 43 from the deposition of Carl Malamud, entitled “Public Works for a
Better Government.”

1

Exh. No.

Document Title

10

Exhibit 1064 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NOME_0031521–22.

11

Exhibit 1065 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004708–09.

12

Exhibit was marked as Exhibit 1068 in the deposition of Marianne Ernesto,
produced by Plaintiffs bearing control number
AERA_APA_NCME_0014887–93.

13

Exhibit 1069 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031486–87.

14

Exhibit 1070 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031803-806.

15

Exhibit 1071 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031459-60.

16

Exhibit 1072 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004710.

17

Exhibit 1075 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031139-40.

18

Exhibit 1078 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031116-19.

19

Exhibit 1082 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004719-20.

20

Exhibit 1085 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031456-58.

21

Exhibit 1086 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004713-14.

22

Exhibit 1089 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031461-62.

23

Exhibit 1090 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031430-31.

24

Exhibit 1091 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004715-16.

2

Exh. No.

Document Title

25

Exhibit 1094 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004717-18.

26

Exhibit 1097 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031414-16.

27

Exhibit 1099 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0026988–89.

28

Exhibit 1104 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031478–79.

29

Exhibit 1105 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME0031885–92.

30

Exhibit 1112 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031463–65.

31

Exhibit 1114 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031523.

32

Exhibit 1116 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031518–20.

33

Exhibit 1121 in the deposition of Marianne Ernesto, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004820–23.

34

Exhibit 1157 in the deposition of Wayne Camara, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004946-56.

35

Exhibit 1197 in the deposition of Felice Levine, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004519-20.

36

Exhibit 1198 in the deposition of Felice Levine, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004542-43.

37

Exhibit 1200 in the deposition of Felice Levine, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004546-48.

38

Exhibit 1205 in the deposition of Felice Levine, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004818.

39

Exhibit 1207 in the deposition of Felice Levine, produced by Plaintiffs
bearing control number AERA_APA_NCME_0031848.

40

Exhibit 1208 in the deposition of Felice Levine, produced by Plaintiffs
bearing control number AERA_APA_NCME_0005137.

41

Exhibit 1211 in the deposition of Felice Levine, produced by Plaintiffs
bearing control number AERA_APA_NCME_0032527.

3

Exh. No.

Document Title

42

Exhibit 1212 in the deposition of Felice Levine, produced by Plaintiffs
bearing control number AERA_APA_NCME_0032526.

43

Exhibit 1214 in the deposition of Felice Levine, produced by Plaintiffs
bearing control number AERA_APA_NCME_0032520–23.

44

Exhibit 1217 in the deposition of Felice Levine, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004706.

45

Exhibit 1218 in the deposition of Felice Levine, produced by Plaintiffs
bearing control number AERA_APA_NCME_0004746–55.

46

Exhibit 1219 in the deposition of Felice Levine, produced by Plaintiffs
bearing control number AERA_APA_NCME_0013137–39.

47

Webpages from www.aera.net, Exhibit 1220 in the deposition of Felice
Levine.

48

Webpages from www.aera.net, Exhibit 1221 in the deposition of Felice
Levine.

49

Photograph, Exhibit 1222 in the deposition of Felice Levine.

50

Account statement, Exhibit 1263 in the deposition of Kurt Geisinger.

51

Expert Report of James R. Fruchterman, dated June 13, 2015.

52

“OCR Issues Draft Guide on Disparate Impact in Educational Testing,”
Society for Industrial and Organizational Psychology, October 1999, at
http://www.siop.org/tip/backissues/tipocto99/22Camara.aspx

53

AERA Membership Benefits, at
http://www.aera.net/Membership/MembershipBenefits/tabid/10224/Default.as
px;

54

American Psychological Association Member information at
http://www.apa.org/membership/member/index.aspx?tab=4.

55

Matthew Bender/LexisNexis store sales link for the “District of Columbia
Official Code” for $849.00, at
http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?page
Name=relatedProducts&catId=364&prodId=prod19670410

56

Matthew Bender/LexisNexis store sales link for the “Criminal Jury
Instructions for the District of Columbia, Fifth Edition” for $186.00 at
http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?page
Name=relatedProducts&skuId=SKU44095&catId=128&prodId=44095

57

Thomson Reuters/WestLaw sales link for “District of Columbia Rules of
Court – District, 2015 ed. (Vol. 1, District of Columbia Court Rules)” for
$182.00 at http://legalsolutions.thomsonreuters.com/law-products/CourtRules/District-of-Columbia-Rules-of-Court---District-2016-ed-Vol-I-District-

4

Exh. No.

Document Title
of-Columbia-Court-Rules/p/101765392.

58

Barnes & Noble sales link for “Moby Dick” for $8.99 at
http://www.barnesandnoble.com/w/moby-dick-melvilleherman/1110282307?ean=9781593080181#productInfoTabs

59

Barnes & Noble sales link for “The Adventures of Tom Sawyer” for $6.25 at
http://www.barnesandnoble.com/w/adventures-of-tom-sawyer-barnes-nobleclassics-series-mark-twain/1106017534?ean=9781593081393.

60

Barnes & Noble website link for “Barnes & Noble Classics” at
http://www.barnesandnoble.com/h/bnclassics/about.

61

Excerpts of the deposition of Christopher Butler, dated December 2, 2014.

62

Plaintiff’s Objections and Answers to Defendant/Counterclaim Plaintiff’s
First Set of Interrogatories (Nos. 1-10), dated January 20, 2015.

63

Email correspondence from Mitch Stoltz to Jonathan Hudis et al., re: “AERA,
APA, NCME v. Public Resource – Discovery Issues Followup,” dated March
17, 2015.

64

Exhibit 1012 in the deposition of Diane Schneider, produced by Plaintiffs
bearing control number AERA_APA_NCME_0013446-449.

65

Federal Register “Incorporation by Reference”, available at
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

66

“Putting a Number on Federal Education Spending,” available at
http://economix.blogs.nytimes.com/2013/02/27/putting-a-number-on-federaleducation-spending/?_r=0.

67

U.S. Department of Education, Federal Pell Grant Program information,
available at http://www2.ed.gov/programs/fpg/funding.html.

68

“Federal Programs: What are Title IV Programs?,” available at
http://federalstudentaid.ed.gov/site/front2back/programs/programs/fb_03_01_
0030.htm

69

“For Profit Higher Education: The Failure to Safeguard the Federal
Investment and Ensure Student Success,” Executive Summary, available at
https://www.help.senate.gov/imo/media/for_profit_report/ExecutiveSummary
.pdf

70

U.S. Department of Education, DCL ID: GEN-15-09, “Title IV Eligibility for
Students Without a Valid High School Diploma Who Are Enrolled in Eligible
Career Pathway Programs,” dated May 22, 2015, available at
https://ifap.ed.gov/dpcletters/GEN1509.html

71

“PROPRIETARY SCHOOLS: Stronger Department of Education Oversight
Needed to Help Ensure Only Eligible Students Receive Federal Student Aid,”
available at http://www.gao.gov/new.items/d09600.pdf

5

Exh. No.

Document Title

72

“Program Integrity Issues,” Federal Register, available at:
https://www.federalregister.gov/articles/2010/10/29/2010-26531/programintegrity-issues#h-4

73

Internet Engineering Task Force Request for Comments 7231, "Hypertext
Transfer Protocol (HTTP/1.1): Semantics and Content" § 4.3 (June 2014).

74

Brief of Amicus Curiae States of Ohio and Ten Other States and Territories
Supporting Appellant Veeck Upon Rehearing En Banc, Case No. 99-40632,
dated November 13, 2001.

6

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.

SF/5546621.3

7