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)

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EXHIBIT 36 Maranto, Dianne B. VandenBos, Gary Thursday, August 24, 2000 8:51 PM Seitler, Ruth A.; Frank-McNeil, Julia Maranto, Dianne B.; Graves, Susan; Moore, Christopher RE: Program 50426 Yr. 2000 Probable -- on "old" Test Standards" From: Sent: To: Cc: Subject: Ruth: APA has a policy on returns, which we should follow. What I do NOT think we have done is inform all distributors of the new edition, that AERA is handling that, and that they must get any returns of the old version to us by a date certain. I believe we should do this in the next 2-3 weeks. I believe the final "return for credit" date should be in November. Remember we have distributors in Australia and Singapore in addition to Eurospan. Most critical is the US distributors like Ingram, R-house, Loggin Bros, etc. Gary Original Message From: Sent: To: Subject: Seitler, Ruth A. Tuesday, August 22, 2000 10:52 AM VandenBos, Gary; Frank-McNeil, Julia FW: Program 50426 Yr. 2000 Probable Re: Standards & Educational Psychological Testing - old version Gary and Julia... At some point, we will need to decide when to cut off refunds for returned copies. As of the July financial report, we have net revenues of -$2,262 (refunds). Some revenue is still trickling in. It appears to be from Eurospan Consignment. I'll put this reminder in the budget folder in case we haven't decided by then. Thanks. -Ruth Original Message Seitler, Ruth A. From: Tuesday, August 22, 2000 10:31 AM Sent: Graves, Susan; Jablonski, Karen To: Frank-McNeil, Julia; Maranto, Dianne B. Cc: Subject: RE: Program 50426 Yr. 2000 Probable The old stock of Standards was supposed to be destroyed at DDD. One credit entry I see is from Eurospan Consignment - perhaps they are just now selling the older versions. The cut-off date for issuing refunds will have to be reviewed by Gary and Julia. It's a leaky boat that we need to plug. Julia gets back from a business trip to Europe this week. I'll let you know. Thanks. Ruth Original Message From: Graves, Susan Tuesday, August 22, 2000 10:27 AM Sent: Seitler, Ruth A.; Jablonski, Karen To: Cc: Frank-McNeil, Julia; Maranto, Dianne B. Subject: RE: Program 50426 Yr. 2000 Probable Ruth, AERA_APA_NCME_0004542 Thanks for your note. You are indeed correct, the budget number was entered incorrectly. We will have to report correctly in the fall year-end probable estimates. Your note is actually quite timely. Diane and I were just looking at the actual activity in 50426 and were somewhat surprised to see the refunds. We also noticed that a few revenue (credit) entries also came in . What do these credits represent? Diane was concerned at the appearance of possible sales of the old test standards being sold do you know what they are for? Also, what is the plan with regard to the refunds - how long to you anticipate honoring the refund requests? Let me know when you have a minute. Thanks! Susan Original Message From: Sealer, Ruth A. Sent: Tuesday, August 22, 2000 10:00 AM To: Jablonski, Karen Cc: Frank-McNeil, Julia; Graves, Susan Subject: Program 50426 Yr. 2000 Probable Hi Karen... While reviewing the July Performance Report with Percentages, I spotted an error in the 2000 Probable listed in Program 50426 - Standards-Educ/Psyc Tests. On our BU-100, we submitted a Probable Revenue of ($2,000) - negative - we are paying out to customers for returned copies of the old edition of the Standards book. (Another organization pubiished the revised edition and it's out of our hands/hair.) The current report is showing this as a positive $2,000. I realize it's not a huge difference, $4,000, but I just wanted you to know. We really are paying out instead of taking in revenue in this one case. Thanks! Ruth A. Seitler Manager, Publications Operations APA Books (202) 336-5739 Fax: (202) 336-5630 rseitler@apa.orq 2 AERA_APA_NCME_0004543

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