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

Filing 121

MOTION for Summary Judgment by PUBLIC.RESOURCE.ORG, INC. (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Statement of Disputed Facts, #4 Objections, #5 Declaration of Carl Malamud, #6 Declaration of Matthew Becker, #7 Request for Judicial Notice, #8 Index of Consolidated Exhibits, #9 Text of Proposed Order)(Bridges, Andrew)

IN THE 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,
Plaintiffs-Counterdefendants,
v.

Case No. 1:13-cv-01215-TSC-DAR
REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFNDANTCOUNTERCLAIMANT
PUBLIC.RESOURCE.ORG, INC.’S
MOTION FOR SUMMARY
JUDGMENT AND OPPOSITION TO
PLAINTIFFS’ MOTION FOR
SUMMARY JUDGMENT AND
PERMANENT INJUNCTION
Action Filed: August 6, 2013

PUBLIC.RESOURCE.ORG, INC.,
Defendant-Counterclaimant.

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

The “Incorporation by Reference” webpage of the Office of the Federal Register,

available at http://www.archives.gov/federal-register/cfr/ibr-locations.html, a true and correct
copy of which is attached to Public Resource’s Index of Consolidated Exhibits as Exhibit 155.
2.

Superseding Indictment in the case of U.S. v. Donald L. Blankenship, No. 5:14-

cr-00244 (S.D.W.Va.) and Order issued by U.S. District Judge Irene C. Berger on December 10,
2015 (ECF No. 553) in that case, a true and correct copy of each is attached to Public Resource’s
Index of Consolidated Exhibits as Exhibit 156 and Exhibit 157, respectively.

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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). Under this rule, it is well established
that 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).
All of the exhibits listed above are matters of public record. Exhibit 151 is a copy of a
government website. 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)).
Exhibits 152 and 153 are court records in a criminal case. A public record of a criminal
conviction is also properly subject to judicial notice in a civil case. U.S. ex rel. Green v. Serv.
Contract Educ. & Training Trust Fund, 843 F. Supp. 2d 20, 28 (D.D.C. 2012).
For these reasons, Public.Resource.Org respectfully requests that the Court take judicial
notice of the three documents listed above.

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Dated: December 21, 2015

Respectfully submitted,
/s/ Andrew P. Bridges
Andrew P. Bridges (admitted)
[e-mail]
Matthew Becker (admitted)
[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.

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