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)

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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. 1 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) Matthew Becker (admitted) FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 Corynne McSherry (admitted) Mitchell L. Stoltz (D.C. Bar No. 978149) ELECTRONIC FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 David Halperin (D.C. Bar No. 426078) 1530 P Street NW Washington, DC 20005 Telephone: (202) 905-3434 Attorneys for Defendant-Counterclaimant Public.Resource.Org, Inc. 2

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