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

Filing 125

CERTIFICATE OF SERVICE by PUBLIC.RESOURCE.ORG, INC. re #120 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by PUBLIC.RESOURCE.ORG, INC. (This document is SEALED and only available to authorized persons.) . (Bridges, Andrew)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN SOCIETY FOR TESTING AND
MATERIALS d/b/a/ ASTM INTERNATIONAL;

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

NATIONAL FIRE PROTECTION
ASSOCIATION, INC.; and

CERTIFICATE OF SERVICE

AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR-CONDITIONING
ENGINEERS, INC.
Plaintiffs,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant.

Action Filed: August 6, 2013

CERTIFICATE OF SERVICE
I hereby certify that on December 21, 2015, a copy of the foregoing documents:
•

Memorandum of Points and Authorities in Support of Defendant-Counterclaimant
Public.Resource.Org’s Motion for Summary Judgment and Opposition to
Plaintiffs’ Motion for Summary Judgment and Permanent Injunction.

•

Defendant Public.Resource.Org’s Statement of Material Facts.

•

Declaration of Matthew Becker in support of Defendant-Counterclaimant
Public.Resource.org, Inc.’s Motion for Summary Judgment and Opposition to
Plaintiffs’ Motion for Summary Judgment and Permanent Injunction.

•

Index of Consolidated Exhibits in support of Defendant-Counterclaimant
Public.Resource.org, Inc.’s Motion for Summary Judgment and Opposition to
Plaintiffs’ Motion for Summary Judgment and Permanent Injunction.; and

•

The following Exhibits:

Exh. No.

Description

21

Email from Donald Bliss to Ernest Petrin, dated July 31, 2013 (Exhibit
1003 to the deposition of Donald Bliss).
“Comments of ASTM International,” (Exhibit 1025 to the deposition of
Jeffrey Grove).
Email re: Executive Session and attachment entitled “The Next Decade
at NFPA” (Exhibit 1212 to the deposition of Bruce Mullen).
“Form for Comments for NFPA Report on Proposals” (Exhibit 1270 to
the deposition of Christian Dubay).
“Form for Proposals on NFPA Technical Committee Documents”
(Exhibit 1275 to the deposition of Christian Dubay).
“Form for Proposals on NFPA Technical Committee Documents”
(Exhibit 1280 to the deposition of Christian Dubay).
ASTM’s 2011 Membership Renewal Notices (Exhibit 1293 to the
deposition of Daniel Smith).
ASTM Membership Application (ASTM068894) (Exhibit 1296 to the
deposition of Daniel Smith).

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53
74
75
76
80
82

1

Exh. No.

Description

83

ASTM Membership Application (ASTM079420) (Exhibit 1297 to the
deposition of Daniel Smith).
ASTM Application (ASTM073844) (Exhibit 1298 to the deposition of
Daniel Smith).
ASTM Applications (ASTM066848–853) (Exhibit 1299 to the
deposition of Daniel Smith).
ASTM Application ( ASTM067024) (Exhibit 1300 to the deposition of
Daniel Smith).
ASTM Applications (ASTM066871, ASTM069213, ASTM069058,
ASTM080176, ASTM061450, ASTM063146, ASTM063147,
ASTM065682, and ASTM066345) (Exhibit 1301 to the deposition of
Daniel Smith).
ASTM Renewal Invoices (ASTM066871, ASTM069213,
ASTM069058, ASTM080176, ASTM061450, ASTM063146,
ASTM063147, ASTM065682, ASTM066345) (Exhibit 1302 to the
deposition of Daniel Smith).
ASTM Application (ASTM067024) (Exhibit 1303 to the deposition of
Daniel Smith).
ASTM Renewal Invoice (ASTM075697) (Exhibit 1304 to the
deposition of Daniel Smith).
ASTM renewal invoice with control number ASTM082973, which was
marked as Exhibit 1305 to the deposition of Daniel Smith.
ASTM “Record Retention Policy,” with control number ASTM003501–
22, which was marked as Exhibit 1311 to the deposition of Daniel
Smith.
ASTM applications with control numbers ASTM052816,
ASTM052817, ASTM062194, ASTM062195, ASTM062198, and
ASTM062199 which were marked as Exhibit 1315 to the deposition of
Daniel Smith.
Email thread ending with an email from Rosemary Wilson to Ashraf
Khan, with control numbers ASTM087493–97, which was marked as
Exhibit 1318 to the deposition of Daniel Smith.
ASTM Quote/Proforma, dated Jan. 13, 2010 (ASTM077993).
“Form for Proposals For 2011 National Electrical Code” (NFPAPR0089775–782).
“2012 Accomplishments and 2013 Objectives” (Exhibit 1033 in the
deposition of Jeffrey Grove).
Email from John Pace to Jeff Grove re “RE: Standards Summaries,”
dated July 9, 2012 (Exhibit 1056 in the deposition of Jeffrey Grove).
Email from John Pace to Jeff Grove re “RE: Standards Summaries,”
dated July 10, 2012 (Exhibit 1057 in the deposition of Jeffrey Grove).

84
85
86
87

88

89
90
91
92

93

94

114
129
140
141
142

2

Exh. No.

Description

146

Email from James Thomas to M. McKiel re “RE: FW: ANSI IPRPC:
Malamud update, 1/15,” dated Jan. 15, 2013 (Exhibit 1046 in the
deposition of Jeffrey Grove).
Email from Jim Shannon to James Thomas re: Codes on the Web,
produced by Plaintiffs as NFPA-PR0022674-675.
Email from Jeff Grove to “ASTM Senior Staff,” re: Tee-up for Retreat
Discussion on Public Access to Standards, produced at ASTM101778779, (Exhibit 1036 to the deposition of Jeffrey Grove).

150
153

were served via e-mail to the following counsel of record:
Counsel for American Society for Testing and
Materials dba ASTM International, Inc.

Counsel for National Fire Protection
Association, Inc.

Michael F. Clayton
J. Kevin Fee
Jordana S. Rubel
MORGAN, LEWIS & BOCKUS LLP
1111 Pennsylvania Avenue, N.W.
Washington, DC 20004
[e-mail]
[e-mail]
[e-mail]

Anjan Choudhury
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
Los Angeles, CA 90071
[e-mail]
Nathan M. Rehn
Jonathan H. Blavin
Kelly M. Klaus
MUNGER, TOLLES & OLSON LLP
560 Mission St., 27th Floor
San Francisco, CA 94105
[e-mail]
[e-mail]
[e-mail]

3

Counsel for American Society of Heating,
Refrigerating, and Air-Conditioning Engineers, Inc.
Jeffrey S. Bucholtz
KING & SPALDING LLP
1700 Pennsylvania Avenue, NW, Suite 200
Washington, D.C. 2006-4707
[e-mail]
Jason Blake Cunningham
Joseph R. Wetzel
Kenneth L. Steinthal
KING & SPALDING LLP
101 Second Street, Suite 2300
San Francisco, CA 94105
[e-mail]
[e-mail]
[e-mail]

I declare under penalty of perjury under the laws of the State of California and the
United States that the above is true and correct.

Date: December 21, 2015

/s/ Andrew P. Bridges
Andrew P. Bridges

4