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

Filing 72

Consent MOTION for Extension of Time to File Response/Reply as to #67 MOTION to Strike #66 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by PUBLIC.RESOURCE.ORG, INC. (This document is SEALED and only available to authorized persons.) filed by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Hudis, Jonathan)

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, INC.,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 1:14-cv-00857-TSC-DAR
PLAINTIFFS’ MOTION ON
CONSENT FOR EXTENSION OF
TIME TO RESPOND TO
DEFENDANT’S MOTION TO STRIKE
GEISINGER DECLARATION, AND
BRIEFING SCHEDULE THEREFORE

Plaintiffs, American Educational Research Association, Inc. (“AERA”), American
Psychological Association, Inc. (“APA”), and National Council on Measurement in Education,
Inc. (“NCME”) (collectively, “Plaintiffs”), move this Court, with Defendant’s consent, for an
extension of time to respond to the motion of Defendant/Counterclaimant, Public.Resource.Org,
Inc. (“Defendant”) (Dkt. No. 67) to strike the Declaration of Kurt Geisinger (filed in Support of
Plaintiffs’ Motion for Summary Judgment and a Permanent Injunction - Dkt. No. 60), and for a
briefing schedule on Defendant’s motion.
Pursuant to LCvR 7(m), Plaintiffs’ undersigned counsel discussed this motion with
Defendant’s counsel, Matthew Becker and Sebastian Kaplan, via e-mail on January 19 and 22,
2016, in a good faith effort to determine whether there would be any opposition to the relief
sought by Plaintiffs. Defendant consents to the relief requested in this motion.
Statement of Points and Authorities
On January 21, 2016, Defendant filed a motion to strike the Declaration of Kurt
Geisinger Ph.D. (filed in Support of Plaintiffs’ Motion for Summary Judgment and a Permanent
Injunction) (Dkt. No. 67).
1

The parties agree that the time for Plaintiffs to file a response to Defendant’s motion to
strike the Geisigner Declaration will be by February 18, 2016, and that the time for Defendant to
file a reply brief in support of the motion to strike the Geisinger Declaration will be March 3,
2016.
Good cause exists for the granting of this motion. The extended briefing dates agreed to
by the parties on Defendant’s motion to strike the Geisinger Declaration will track the summary
judgment briefing schedule set by the Court in its Minute Order of November 4, 2015. This will
promote the just, speedy and less expensive determination of the parties’ summary judgment
motions and other motions filed relating thereto. Fed. R. Civ. P. 1.
WHEREFORE, Plaintiffs request that this motion be granted.
Respectfully submitted,
QUARLES & BRADY LLP
Dated: January 25, 2016

By:

/s/ Jonathan Hudis
Jonathan Hudis (DC Bar # 418872)
Jonathan P. Labukas (DC Bar # 998662)
1700 K Street NW, Suite 825
Washington, DC 20006-3825
Tel. [phone]
Fax [phone]
E-Mail [e-mail]
E-Mail [e-mail]
Counsel for Plaintiffs American Educational
Research Association, Inc., American
Psychological Association, Inc., and
National Council on Measurement in
Education, Inc.

2