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

Filing 99

REPLY to opposition to motion re #69 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment and Permanent Injunction filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: #1 [Public Redacted] Reply Declaration of Matthew Becker In Further Support of Defendant's Motion for Summary Judgment, #2 [Public Redacted] Defendant's Objections to Plaintiffs' Supplemental Evidence, #3 Supplemental Request for Judicial Notice, #4 [Public Redacted] Objections to Plaintiffs' Supplemental Evidence, #5 Exhibit 75 [Sealed Placeholder], #6 Exhibit 76 [Sealed Placeholder], #7 Exhibit 77 [Sealed Placeholder], #8 Exhibit 78 [Sealed Placeholder], #9 Exhibit 79 [Sealed Placeholder], #10 Exhibit 80 [Sealed Placeholder], #11 Exhibit 81, #12 Exhibit 82, #13 Exhibit 83)(Bridges, Andrew)

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.

Case No. 1:14-CV-00857-TSC-DAR
REPLY DECLARATION OF
MATTHEW BECKER IN FURTHER
SUPPORT OF DEFENDANT
PUBLIC RESOURCE’S MOTION
FOR SUMMARY JUDGMENT
Action Filed: May 23, 2014

PUBLIC.RESOURCE.ORG,
Defendant.

[REDACTED VERSION]
I, Matthew Becker, declare pursuant to 28 U.S.C. § 1746 as follows:
1.

I am an attorney admitted to practice in the District of Columbia and am an

associate with the law firm of Fenwick & West LLP, counsel of record for DefendantCounterclaimant Public.Resource.Org, Inc. (“Public Resource”). Except where otherwise
indicated, I have personal knowledge of the facts herein and could and would testify competently
hereto.
2.

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3.

4.

5.

6.

7.

Attached as Exhibit 80 is a true and correct copy of excerpts of the deposition of

Plaintiffs’ expert S. E. Phillips, dated September 22, 2015.

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8.

Attached as Exhibit 81 is a true and correct copy of Public Resource’s Second

Amended Responses to Plaintiffs’ First Set of Interrogatories (No. 8), dated June 4, 2015.
9.

Attached as Exhibit 82 is a true and correct copy of a webpage of the U.S.

Department of Justice entitled “Accessibility of State and Local Government Websites to People
with Disabilities,” at http://www.ada.gov/websites2.htm.
10.

Attached as Exhibit 83 is a true and correct copy of the Report of the Advisory

Commission on Accessible Instructional Materials in Postsecondary Education for Students with
Disabilities, dated December 6, 2011 and published on the U.S. Department of Education
website at http://www2.ed.gov/about/bdscomm/list/aim/ meeting/aim-report.pdf.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 3rd day of March, 2016, at San Francisco, California.

/s/ Matthew Becker
Matthew Becker

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