Educational Testing Service v. Simon

AMENDED [PROPOSED] ORDER AND PERMANENT INJUNCTION

CONSUELO BLAND MARSHALL, District Judge.

Based on the submission of the parties relating to Plaintiffs motion for summary judgment, the Court hereby makes the following findings of fact and conclusions of law:

A. FINDINGS OF FACT

1.Plaintiff ETS is a nonprofit educational corporation, chartered under New York law, that develops and administers standardized tests, including the MSAT. Declaration of Charlotte Solomon, attached to Plaintiffs’ Memorandum in Support of Preliminary Injunction (“Original Solomon Decl.”), ¶ 2.

2. The MSAT is a two-part…