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

Filing 124

MOTION to Strike #118 MOTION for Summary Judgment and Permanent Injunction MOTION for Permanent Injunction by PUBLIC.RESOURCE.ORG, INC. (Attachments: #1 Memorandum in Support [Redacted], #2 Declaration of Kathleen Lu, #3 Exhibit 1 to Lu Declaration, #4 Exhibit 2 to Lu Declaration, #5 Exhibit 3 to Lu Declaration, #6 Exhibit 4 [Redacted] to Lu Declaration, #7 Exhibit 5 to Lu Declaration, #8 Exhibit 6 [Redacted] to Lu Declaration, #9 Exhibit 7 to Lu Declaration, #10 Exhibit 8 [Redacted] to Lu Declaration, #11 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,

Case No. 1:13-cv-01215-TSC-DAR
DEFENDANT-COUNTERCLAIMANT
PUBLIC.RESOURCE.ORG’S MOTION
TO STRIKE JAROSZ REPORT
(EXHIBIT 1 TO DECLARATION OF
JORDANA RUBEL)
Action Filed: August 6, 2013

Plaintiffs-Counterdefendants,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant-Counterclaimant.

Defendant/Counter-Claimant Public.Resource.Org, Inc. (“Public Resource”) respectfully
objects to and moves to strike Exhibit 1 to the Declaration of Jordana Rubel in support of
Plaintiffs’ Motion for Summary Judgment and Permanent Injunction.
As described in the attached Memorandum of Law in Support Of Defendant’s Motion to
Strike, John C. Jarosz is not qualified to testify on the matters contained in the report under the
standards of Federal Rule of Evidence 702 and Daubert. Mr. Jarosz’s opinions further rest
uncritically on statements from Plaintiffs’ agents, invade the province of the court, and rest on
unsupported assumptions, facts, and methods. For that reason, Mr. Jarosz’s report should be
stricken from the record, along with all citations to and quotations of that report in Plaintiffs’
Motion for Summary Judgment and Permanent Injunction and supporting papers.
Public Resource requests an oral hearing on this motion.

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This motion is based on the enclosed Memorandum of Points & Authorities, the
Declaration of Kathleen Lu and the exhibits attached thereto, Public Resource’s proposed order,
the pleadings and papers on file herein, and any further material and argument presented to the
Court at the time of the hearing.

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)
[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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