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

Filing 130

MOTION for Leave to File Amicus Curiae Brief by AMERICAN INSURANCE ASSOCIATION (Attachments: #1 Text of Proposed Order)(Hollywood, Meegan) Modified on 1/7/2016 (zrdj).

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,

1:13-CV-01215 (TSC)

Plaintiff(s),
v.
PUBLIC.RESOURCE.ORG, INC.
Defendant.

ASSENTED-TO MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN
SUPPORT OF PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT
AND CORPORATE DISCLOSURE STATEMENT
The American Insurance Association (“AIA”) respectfully moves for leave to file an
amicus curiae brief in support of the Motion for Summary Judgment (Docket No. 118) filed by
the Plaintiffs in this case.
1.

The AIA represents more than 325 property and casualty insurance companies in

the United States. Since its founding in 1866, the AIA has provided an insurance industry
perspective on matters related to property and casualty insurance. In this role, the AIA files
occasional amicus curiae briefs on issues of importance to its property and casualty insurance
company members.
2.

The AIA and its members are interested in this lawsuit because of the risks that

Defendant’s arguments present to the continuing availability of the research and guidance

provided through the standards promulgated by the NFPA, ASTM and ASHRAE. The AIA is
uniquely positioned to explain (as amicus curiae) the industry’s use of NFPA and other safety
standards and the importance of these standards to the affordability of insurance coverage for
property risks and the protection of the public from fire and other safety hazards.
3.

The amicus curiae brief of the AIA is desirable and raises issues not already

addressed by the parties because the party briefing will not focus on the connection between
standards developing organizations and the property and casualty insurance industry and the role
standards play in fire safety and fire protection. If this motion is allowed the AIA will file its
brief on or before the January 11, 2016 deadline for amicus briefs established by the Court.
4.

Local Civil Rule 7(o) allows the filing of an amicus curiae brief upon leave of the

Court. The amicus curiae brief of the AIA fully meets the criteria established by the Court in
that Local Rule. See also Jin v. Ministry of State Security, 557 F. Supp. 2d 131, 137 (D.D.C.
2008) (pre-rule decision noting that amicus curiae briefing may be accepted by the Court where
the amicus can present “unique information or perspective that can help the court beyond the
help that the lawyers for the parties are able to provide”) (quoting Ryan v. Commodity Futures
Trading Comm’n, 125 F.3d 1062, 1064 (7th Cir. 1997).
5.

The Joint Report on Proposed Summary Judgment Briefing Schedule dated

October 30, 2015 provides that the parties agree not to oppose amicus curiae briefing.
6.

Counsel for the AIA requested express assent to this Motion from counsel for the

Defendant on December 23, 2015. Defense counsel provided express assent on December 30,
2015.

Dated: December 31, 2015
ROBINS KAPLAN LLP

By: /s/ Meegan F. Hollywood
Meegan F. Hollywood
601 Lexington Avenue
Suite 3400
New York, NY 10022
[phone]
[e-mail]
Bar No. NY0206

Of Counsel:
Jonathan D. Mutch
James S. Harrington
800 Boylston Street, Suite 2500
Boston, MA 02199
[phone]
[e-mail]
[e-mail]
Attorneys for
American Insurance Association

CORPORATE DISCLOSURE CERTIFICATION
Pursuant to Local Civil Rule 7.1 of the United States District Court for the District of
Columbia, the undersigned, counsel for the American Insurance Association as proposed amicus
curiae certify that to the best of their knowledge and belief, the American Insurance Association
does not have parent companies, subsidiaries, or affiliates with any outstanding securities in the
hands of the public. This Certification is not intended to address the more than 325 property and
casualty companies that are members of the AIA. These representations are made in order that
judges of this Court may determine the need for recusal.
Dated: December 31, 2015
ROBINS KAPLAN LLP

By: /s/ Meegan F. Hollywood
Meegan F. Hollywood
601 Lexington Avenue
Suite 3400
New York, NY 10022
[phone]
[e-mail]
Bar No. NY0206

Of Counsel:
Jonathan D. Mutch
James S. Harrington
800 Boylston Street, Suite 2500
Boston, MA 02199
[phone]
[e-mail]
[e-mail]
Attorneys for
American Insurance Association

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