You and I have both received a request by Matthew Small to withdraw a copy of Blackboard’s Motion for Prejudgment Interest that I provided to you late Friday. Thank you for withdrawing the document.

The document contained a copy of Supplementary Exhibit 44 that lists Desire2Learn’s customers and contract value–likely, I learned, data proprietary to Desire2Learn. The Exhibit was marked as confidential and intended for attorneys only. However, it was posted as a public document on PACER, the federal courts document site.

The Supplementary Exhibit was one of several documents included in the Motion. I should have realized this was an error by a clerk in the court or perhaps an attorney and omitted it when I assembled the document.

However, I thought it had been made public.

Attached is a redacted copy of the filing as it was available on PACER today that excludes the confidential information.

I apologize to attorneys for both Blackboard and Desire2Learn for not being more careful in vetting marked documents.

jim farmer

As you know, e-Literate is not Michael or my “day job.” I am sure Michael would have preferred, late last night, to respond to your concern. I hope this note places my error in context.

jim