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)

EXHIBIT 9

PUBL'IC.RESOURCE.ORG - A Nonprofit Corporation

Public Iñforks for a Better Government

Re:

American Educational Research Association., lnc. et al v.
Public.Resource.Org, lnc., No. 1:14-cv-00857

This memorandum is in reference to the lawsuit named above, which concerns the
document entitled "standards for Educational and Psychological Testing" which was
duly incorporated by the Office of the Federal Register into the Code of Federal
Regulations and specifically in response to the stated intention to file a preliminary
injunction motion,
Public.Resource.Org believes firmly that because the document in question has been
explicitly incorporated into federal law, it has the right to post it on its website, and
that lt will prevail in this case. Public Resource also believes that this case deserves the
court's fullest consideration, without a rush to reach an ¡nterim ruling in the absence
of a full record.

ln order to focus this case on developing an appropriate record for a decision on the
merits, Public.Resource.Org has voluntarily removed the document in question from
thewebsites underits control and has removed the documentfrom all public access
on the lnternet Archive.
Until the conclusion of trial on the merits in this case, Public.Resource.Org will keep
the document in question off of the websites under its control and will not dissem¡nate
the document, in whole or in part, including any revisions, and will maintain the status
on the lnternet Archive to prevent any public access to the document from the
Archive's websites.
Public.Resource.Org believes that this action obviates any need for plaintiffs to rush
the court to a judgment on a partial record of their own selection without afull
opportunity for all parties to develop the facts and issues of the case for trial.

Carl Malamud, President and Founder

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