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

Filing 84

MOTION for Leave to File Corrected Declarations by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (Attachments: #1 Exhibit 1- Declaration of Marianne Ernesto, #2 Exhibit 2- Declaration of Wayne Camara, #3 Exhibit 3- Declaration of Felice J. Levine, #4 Text of Proposed Order, #5 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/Counterclaim-Defendants,
v.
PUBLIC.RESOURCE.ORG, INC.,

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Civil Action No. 1:14-cv-00857-TSC-DAR
PLAINTIFFS’ MOTION ON
CONSENT FOR LEAVE TO FILE
CORRECTED DECLARATIONS,
WITH POINTS AND AUTHORITIES
IN SUPPORT THEREOF

Defendant/Counterclaim-Plaintiff.

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 the consent of
Defendant/Counterclaimant Public.Resource.Org, Inc. (“Defendant”), for leave to file corrected
Declarations of Marianne Ernesto, Wayne Camara, and Felice Levine (Dkt. Nos. 60-49, 60-76,
and 60-78) filed in Support of Plaintiffs’ Motion for Summary Judgment and a Permanent
Injunction (Dkt. No. 60).
POINTS & AUTHORITIES
IN SUPPORT OF MOTION
In support of this motion, Plaintiffs state as follows:
1.

On December 21, 2015, Plaintiffs filed Declarations of Marianne Ernesto, Wayne

Camara, and Felice Levine (Dkt. Nos. 60-49, 60-76, and 60-78) in Support of Plaintiffs’ Motion
for Summary Judgment and a Permanent Injunction (Dkt. No. 60).

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2.

Recently, Plaintiffs discovered that each Declaration is inadvertently missing a

statement that it was made under the penalty of perjury, pursuant to 28 U.S.C. § 1746..
3.

Plaintiffs wish to correct these errors by submitting corrected Declarations.

4.

The proposed corrected Declarations are attached to this motion as Exhibits 1, 2

and 3, and include the following statement: “I declare under the penalty of perjury that the
foregoing is true and correct.”
5.

No substantive changes have been made to the Declarations.

6.

Plaintiffs have discussed the proposed corrected Declarations with Matthew

Becker, counsel for Defendant.

Mr. Becker indicated that Defendant does not object to

Plaintiffs’ filing the amended corrective Declarations.
WHEREFORE, Plaintiffs request that the Court enter an Order granting them leave to file
the attached corrected Declarations.
Respectfully submitted,
QUARLES & BRADY LLP
Dated: February 12, 2016

By:

/s/ Jonathan Hudis
Jonathan Hudis (DC Bar # 418872)
Nikia L. Gray (pro hac vice)
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 Nikia [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.

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