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

DECLARATION OF KATHLEEN LU
IN SUPPORT OF DEFENDANTCOUNTERCLAIMANT
PUBLIC.RESOURCE.ORG, INC.’S
MOTION TO STRIKE JAROSZ
REPORT

Plaintiffs/Counter-defendants,
Action Filed:

August 6, 2013

v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant/Counterclaimant.

I, Kathleen Lu, declare pursuant to 28 U.S.C. § 1746 as follows:
1.

I am an attorney admitted to practice in the State of California and am an

associate with the law firm of Fenwick & West LLP, counsel of record for DefendantCounterclaimant Public.Resource.Org, Inc.
2.

Attached as Exhibit 1 is a true and correct copy of deposition excerpts from the

testimony of John C. Jarosz, dated August 27, 2015.
3.

Attached as Exhibit 2 is a true and correct copy of deposition excerpts from the

testimony of Jeffrey Grove, Rule 30(b)(6) representative for Plaintiff ASTM International, dated
March 4, 2015.
4.

Attached as Exhibit 3 is a true and correct copy of an email from

[e-mail], entitled “Be confident your electrical work complies with California law,” dated
June 16, 2015.

5.

Attached as Exhibit 4 is a true and correct copy of a document produced by

ASHRAE entitled, “Sales Report by Customer Type,” with document production Bates number
ASHRAE0029540, dated July 2, 1998.
6.

Attached as Exhibit 5 is a true and correct copy of documents produced by Mr.

Jarosz with document production Bates numbered pages JAROSZ03736-03764, purporting to be
Standards Incorporated by Reference (SIBR) database search results.
7.

Attached as Exhibit 6 is a true and correct copy of a document produced by

ASTM entitled, “ASTM International – 2014 Expense Categorization,” with document production
Bates number ASTM103230–103231.
8.

Attached as Exhibit 7 is a true and correct copy of deposition excerpts from the

testimony of Carl Malamud, dated February 26, 2015.
9.

Attached as Exhibit 8 is a true and correct copy of a document produced by

NFPA entitled, “NFPA Publication Sales, 2009 to 2013,” with document production Bates number
NFPA-PR0038555.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 21st day of December, 2015 at Columbia, SC.

/s/ Kathleen Lu
Kathleen Lu

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