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

Filing 89

REPLY to opposition to motion re #69 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment and Permanent Injunction, #60 MOTION for Summary Judgment Filed MOTION for Permanent Injunction (Plaintiffs' Reply in Further Support of Plaintiffs' Motion for Summary Judgment and Permanent Injunction and Opposition to Defendant's Motion for Summary Judgment) filed by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC.. (Attachments: #1 Plaintiffs' Statement of Material Facts in Opposition to Defendant's Motion for Summary Judgment, #2 Plaintiffs' Reply to Defendants' Statement of Disputed Facts, #3 Plaintiffs' Response to Defendant's Objections to Plaintiffs' Evidence, #4 Declaration of Nikia L. Gray, #5 Exhibit VVV, #6 Exhibit WWW, #7 Exhibit XXX, #8 Exhibit YYY, #9 Exhibit ZZZ, #10 Exhibit AAAA, #11 Exhibit BBBB, #12 Exhibit CCCC, #13 Exhibit DDDD, #14 Exhibit EEEE, #15 Exhibit FFFF, #16 Exhibit GGGG, #17 Exhibit HHHH, #18 Exhibit IIII, #19 Exhibit JJJJ, #20 Exhibit KKKK, #21 Exhibit LLLL, #22 Exhibit MMMM, #23 Exhibit NNNN, #24 Exhibit OOOO, #25 Exhibit PPPP, #26 Exhibit QQQQ, #27 Exhibit RRRR, #28 Exhibit SSSS, #29 Exhibit TTTT, #30 Exhibit UUUU, #31 Exhibit VVVV, #32 Exhibit WWWW, #33 Exhibit XXXX, #34 Exhibit YYYY, #35 Exhibit ZZZZ, #36 Exhibit AAAAA, #37 Exhibit BBBBB, #38 Exhibit CCCCC, #39 Exhibit DDDDD, #40 Exhibit EEEEE, #41 Exhibit FFFFF, #42 Exhibit GGGGG, #43 Exhibit HHHHH, #44 Exhibit IIIII, #45 Exhibit JJJJJ, #46 Exhibit KKKKK, #47 Exhibit LLLLL, #48 Exhibit MMMMM, #49 Exhibit NNNNN, #50 Exhibit OOOOO, #51 Exhibit PPPPP, #52 Exhibit QQQQQ, #53 Exhibit RRRRR, #54 Exhibit SSSSS, #55 Exhibit TTTTT, #56 Exhibit UUUUU, #57 Exhibit VVVVV, #58 Exhibit WWWWW, #59 Exhibit XXXXX, #60 Exhibit YYYYY, #61 Exhibit ZZZZZ, #62 Exhibit AAAAAA, #63 Declaration of Wayne Camara, #64 Plaintiffs' Objections to Defendant's Evidence, #65 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.

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Civil Action No. 1:14-cv-00857-TSC-DAR
DECLARATION OF NIKIA L. GRAY
IN FURTHER SUPPORT OF
PLAINTIFFS’ REPLY IN SUPPORT
OF ITS MOTION FOR SUMMARY
JUDGMENT AND PERMANENT
INJUNCTION AND OPPOSITION TO
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT

I, NIKIA L. GRAY, declare:
1.

I am an attorney with Quarles & Brady LLP, attorneys for Plaintiffs, American

Educational Research Association, Inc., American Psychological Association, Inc. and National
Council on Measurement in Education, Inc. Unless otherwise stated, I have knowledge of all
facts set forth in this declaration, and I would, and could, testify competently thereto if called
upon to do so.
2.

I submit this Declaration in support of Plaintiffs’ Reply in Support of its Motion

for Summary Judgment and Permanent Injunction and Opposition to Defendant’s Motion for
Summary Judgment.
3.

Attached as Exhibit VVV is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) on the WorldCat website.
4.

Attached as Exhibit WWW is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Arizona State University
Library.

5.

Attached as Exhibit XXX is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Baylor University Library.
6.

Attached as Exhibit YYY is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Boston College Library.
7.

Attached as Exhibit ZZZ is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Boston University Library.
8.

Attached as Exhibit AAAA is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the California State University
library.
9.

Attached as Exhibit BBBB is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Columbia University Library.
10.

Attached as Exhibit CCCC is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Cornell University Library.
11.

Attached as Exhibit DDDD is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Dartmouth College Library.
12.

Attached as Exhibit EEEE is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Duke University Library.
13.

Attached as Exhibit FFFF is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Emory University Library.
14.

Attached as Exhibit GGGG is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Florida Atlanta University
Library.

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15.

Attached as Exhibit HHHH is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Florida International
University Library.
16.

Attached as Exhibit IIII is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the George Mason University
Library.
17.

Attached as Exhibit JJJJ is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the George Washington
University Library.
18.

Attached as Exhibit KKKK is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Harvard University Library.
19.

Attached as Exhibit LLLL is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Indiana University Library.
20.

Attached as Exhibit MMMM is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Lehigh University Library.
21.

Attached as Exhibit NNNN is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Lewis and Clark College
Library.
22.

Attached as Exhibit OOOO is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Louisiana State University
Library.

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23.

Attached as Exhibit PPPP is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Loyola Marymount
University Library.
24.

Attached as Exhibit QQQQ is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Marian University Library.
25.

Attached as Exhibit RRRR is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Northwestern University
Library.
26.

Attached as Exhibit SSSS is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Oregon State University
Library.
27.

Attached as Exhibit TTTT is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Pepperdine University
Library.
28.

Attached as Exhibit UUUU is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Purdue University Library.
29.

Attached as Exhibit VVVV is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Rutgers University Library.
30.

Attached as Exhibit WWWW is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the San Diego State University
Library.

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31.

Attached as Exhibit XXXX is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Seattle Pacific University
Library.
32.

Attached as Exhibit YYYY is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Southern Utah University
Library.
33.

Attached as Exhibit ZZZZ is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Stanford University Library.
34.

Attached as Exhibit AAAAA is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Suffolk University Library.
35.

Attached as Exhibit BBBBB is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Trinity International
University Library.
36.

Attached as Exhibit CCCCC is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of Alabama
Library.
37.

Attached as Exhibit DDDDD is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of California
Library.
38.

Attached as Exhibit EEEEE is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of Chicago
Library.

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39.

Attached as Exhibit FFFFF is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of Connecticut
Library.
40.

Attached as Exhibit GGGGG is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of Florida
Library.
41.

Attached as Exhibit HHHHH is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of Maryland
Library.
42.

Attached as Exhibit IIIII is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of Miami Library.
43.

Attached as Exhibit JJJJJ is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of Minnesota
Library.
44.

Attached as Exhibit KKKKK is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of Mississippi
Library.
45.

Attached as Exhibit LLLLL is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of Nevada
Library.
46.

Attached as Exhibit MMMMM is a true and correct copy of the catalog record

for Standards for Educational and Psychological Testing (1999) at the University of New
Mexico Library.

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47.

Attached as Exhibit NNNNN is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of North Carolina
Library.
48.

Attached as Exhibit OOOOO is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of Oregon
Library.
49.

Attached as Exhibit PPPPP is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of Pittsburgh
Library.
50.

Attached as Exhibit QQQQQ is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of South Carolina
Library.
51.

Attached as Exhibit RRRRR is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the University of Washington
Library.
52.

Attached as Exhibit SSSSS is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Vanderbilt University
Library.
53.

Attached as Exhibit TTTTT is a true and correct copy of the catalog record for

Standards for Educational and Psychological Testing (1999) at the Yale University Library.
54.

Attached as Exhibit UUUUU is a true and correct copy of the Stipulation of Facts

filed on January 15, 2016 in Code Revision Commission, et al. v. Public.Resource,Org, Inc.,
Case No. 1:15-cv-02594-MHC, N.D. Ga.

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55.

Attached as Exhibit VVVVV is a true and correct copy of the Expert Report of S.

E. Phillips, Ph.D., J.D. Pursuant to Fed. R. Civ. P. 26(a)(2)(B).
56.

Attached as Exhibit WWWWW is a true and correct copy of the resume of S. E.

Phillips, Ph.D., J.D.
57.

Attached as Exhibit XXXXX is a true and correct copy of the deposition

transcript of Wayne J. Camara, Ph.D., taken on May 1, 2015.
58.

Attached as Exhibit YYYYY is a true and correct copy of the deposition

transcript of Dianne L. Schneider, Ph.D., taken on April 23, 2015.
59.

Attached as Exhibit ZZZZZ is a true and correct copy of information from

Bookshare’s website.
60.

Attached as Exhibit AAAAAA is a true and correct copy of the deposition

transcript of Marianne Ernesto, taken on April 29, 2015.
I declare under the penalty of perjury that the foregoing is true and correct.
Executed on February 18, 2016, in Washington, D.C.
/s/ Nikia L. Gray
Nikia L. Gray

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