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
SUPPLEMENTAL REQUEST FOR
JUDICIAL NOTICE IN SUPPORT OF
DEFENDANT PUBLIC RESOURCE’S
MOTION FOR SUMMARY
JUDGMENT
Action Filed: May 23, 2014

PUBLIC.RESOURCE.ORG,
Defendant.

Pursuant to Federal Rule of Evidence 201(b) and the authorities cited below, Defendant
Public Resource respectfully requests that the Court take judicial notice of each of the following
documents in connection with its Motion for Summary Judgment:
1.

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,
a true and correct copy of which is attached to the Reply Declaration of Matthew Becker in
Further Support of Defendant Public Resource’s Motion for Summary Judgment ¶ 9, Exhibit 82.
2.

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, a true and correct copy of which is attached to the Reply Declaration of
Matthew Becker in Further Support of Defendant Public Resource’s Motion for Summary
Judgment ¶ 10, Exhibit 83.

1

A district court may take judicial notice of facts that are “not subject to reasonable
dispute in that [they are] either (1) generally known within the territorial jurisdiction of the trial
court or (2) capable of accurate and ready determination by resort to sources whose accuracy
cannot reasonably be questioned.” Fed. R. Evid. 201(b).
Specifically, a court may take judicial notice of matters of public record. See Bebchick v.
Washington Metro. Area Transit Comm’n, 485 F.2d 858, 880 (D.C. Cir. 1973) (“matters of
public record . . . [are] well within the range of judicial notice). This Court has “frequently taken
judicial notice of information posted on official public websites of government agencies.”
Pharm. Research & Manufacturers of Am. v. United States Dep't of Health & Human Servs.,
43 F. Supp. 3d 28, 33 (D.D.C. 2014) (citing Cannon v. District of Columbia, 717 F.3d 200, 205
n. 2 (D.C. Cir. 2013)).
For these reasons, Public.Resource.Org respectfully requests that the Court take judicial
notice of the matters listed above.

Dated: March 3, 2016

Respectfully submitted,
/s/ Andrew P. Bridges
Andrew P. Bridges (admitted)
[e-mail]
Sebastian E. Kaplan (admitted pro hac vice)
[e-mail]
Matthew Becker (admitted pro hac vice)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Corynne McSherry (admitted pro hac vice)
[e-mail]
Mitchell L. Stoltz (D.C. Bar No. 978149)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
David Halperin (D.C. Bar No. 426078)
[e-mail]
1530 P Street NW
Washington, DC 20005
Telephone: [phone]
Attorneys for Defendant-Counterclaimant
Public.Resource.Org, Inc.