AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 113

NOTICE of Request for Hearing by AMERICAN SOCIETY FOR TESTING AND MATERIALS, AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC., NATIONAL FIRE PROTECTION ASSOCIATION, INC. (Rubel, Jordana)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN SOCIETY FOR TESTING
AND MATERIALS d/b/a/ ASTM
INTERNATIONAL;
NATIONAL FIRE PROTECTION
ASSOCIATION, INC.; and
AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR
CONDITIONING ENGINEERS,

Case No. 1:13-cv-01215-TSC-DAR

Plaintiffs/
Counter-Defendants,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant/
Counter-Plaintiff.
REQUEST FOR HEARING
Plaintiffs American Society for Testing and Materials d/b/a ASTM International,
National Fire Protection Association, Inc., and American Society of Heating, Refrigerating, and
Air Conditioning Engineers (collectively, “Plaintiffs”) respectfully request that the Court
schedule a hearing to set a schedule for briefing summary judgment motions.
This case has been pending since August 2013. Fact discovery was completed in April
2015, and expert discovery concluded on August 30, 2015.1 Since September 15, 2015,
Plaintiffs have attempted to work with Defendant to set a reasonable schedule for summary
judgment briefing that will allow for the speedy determination of this action. The parties have
met and conferred multiple times and had initially agreed on a schedule that would allow all
1

The final expert deposition occurred on August 27, 2015, when Defendant deposed Plaintiff’s economic expert. On
August 30, 2015, Defendant informed Plaintiffs that it did not intend to offer a rebuttal economic expert, which
ensured that all expert discovery was then complete in the case.

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briefing to be concluded before the end of 2015. However, Defendant has recently taken the
position that briefing in this matter must extend into March of next year because Defendant will
also be briefing summary judgment motions in another case, American Educational Research
Association, Inc. et al. v. Public.Resource.Org, Inc., Civil Action No. 1:14-cv-00857-TSC.
Because Defendant is now unwilling to agree to a schedule in which the briefing is
completed earlier than March 2016, the parties have reached an impasse. Due to Defendant’s
position regarding the AERA case, Plaintiffs believe it may be beneficial for the hearing to also
include the AERA Plaintiffs. Because this case has been ready for summary judgment briefing
for several months and Defendant has already succeeded in delaying the process, Plaintiffs
request that the Court schedule a hearing at its earliest convenience.

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Dated: October 27, 2015

Respectfully submitted,
/s/ Jordana Rubel
Michael F. Clayton (D.C. Bar: 335307)
J. Kevin Fee (D.C. Bar: 494016)
Jordana S. Rubel (D.C. Bar: 988423)
Morgan, Lewis & Bockius LLP
1111 Pennsylvania Ave., N.W.
Washington, D.C. 20004
Telephone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Counsel For American Society For Testing And Materials
d/b/a/ ASTM International
/s/ Anjan Choudhury
Anjan Choudhury (D.C. Bar: 497271)
Munger, Tolles & Olson LLP
355 South Grand Avenue, 35th Floor
Los Angeles, CA 90071
Tel: [phone]
Email: [e-mail]
Kelly M. Klaus
Jonathan H. Blavin
Nathan Rehn
Munger, Tolles & Olson LLP
560 Mission St., 27th Floor
San Francisco, CA 94105
Tel: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Counsel for National Fire Protection Association, Inc.
/s/ Joseph R. Wetzel
Jeffrey S. Bucholtz (D.C. Bar: 452385)
King & Spalding LLP
1700 Pennsylvania Avenue, NW, Ste. 200
Washington, DC 20006-4707
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Tel: [phone]
Email: [e-mail]
Kenneth L. Steinthal
Joseph R. Wetzel
J. Blake Cunningham
King & Spalding LLP
101 Second Street, Ste. 2300
San Francisco, CA 94105
Tel: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Counsel for American Society of Heating, Refrigerating,
and Air Conditioning Engineers

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Request for Hearing was
served this 27th day of October, 2015 via CM/ECF upon the following:
Counsel for National Fire Protection Association, Inc.
Jonathan H. Blavin ([e-mail])
Anjan Choudhury ([e-mail])
Kelly M. Klaus ([e-mail])
Nathan M. Rehn ([e-mail])
Counsel for American Society of Heating, Refrigerating, and Air Conditioning Engineers
Jeffrey S. Bucholtz ([e-mail])
Kenneth L. Steinthal ([e-mail])
Joseph R. Wetzel ([e-mail])
Blake Cunningham ([e-mail])
Counsel for Public.Resource.Org, Inc.
Andrew Bridges ([e-mail])
Kathleen Lu ([e-mail])
David Halperin ([e-mail])
Mitchell L. Stoltz ([e-mail])
Corynne McSherry ([e-mail])
Joseph Gratz ([e-mail])
Mark Lemley ([e-mail])

/s/ Jordana S. Rubel
Jordana S. Rubel

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