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

Filing 155

REPLY to opposition to motion re #118 MOTION for Summary Judgment filed by AMERICAN SOCIETY FOR TESTING AND MATERIALS, AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC., NATIONAL FIRE PROTECTION ASSOCIATION, INC.. (Attachments: #1 Supplemental Statement of Undisputed Facts, #2 Disputes with Defendant's Statement of Facts, Evidentiary Objections and Opposition to Request for Judicial Notice, #3 Response to Defendant's Statement of Facts, #4 Response to Defendant's Evidentiary Objections, #5 Declaration of Steven Comstock, #6 Declaration of Christian Dubay, #7 Supplemental Declaration of Thomas O'Brien, #8 Supplemental Declaration of Jordana Rubel, #9 Supplemental Declaration of James Thomas)(Fee, J.) Modified on 1/22/2016 to correct linkage (td).

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

Plaintiffs/
Counter-Defendants,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant/
Counter-Plaintiff.
SUPPLEMENTAL DECLARATION OF JAMES THOMAS
Pursuant to 28 U.S.C. § 1746, I, James Thomas, declare the following statements to be true under
the penalties of perjury:
1.

I am over the age of 18 years and am fully competent to testify to the matters

stated in this Declaration.
2.

This declaration is based on my personal knowledge. If called to do so, I would

and could testify to the matters stated herein.
3.

I am the President of ASTM International (“ASTM”), which is a not-for-profit

organization headquartered in Pennsylvania. I have worked at ASTM since 1972.
4.

In over 40 years working at ASTM, one of the premier international standards

development organizations (“SDOs”), I have participated in numerous activities, committees and
panels with executives from other SDOs.

5.

In add
dition, I have participated in activitie of the Am
e
d
es
merican Natio Standar
onal
rds

Institute (“ANSI”) si
ince 1976 an I have bee on the AN Board of Directors s
nd
en
NSI
f
since
mately 1993. ANSI adm
ministers and coordinates the voluntar standardiz
ry
zation system in
m
approxim
the Unite States and accredits th procedure of standar developm organiz
ed
d
he
es
rds
ment
zations.
6.

As a result of my work with other SDOs a my invo
r
o
and
olvement wit ANSI, I am
th
m

knowledg
geable about many SDO procedure for develo
t
Os’
es
oping standa and how standards a
ards
w
are
used, bot in the Uni States an internatio
th
ited
nd
onally.

Dated: January 20, 2016
J
2

__________
___________
________
____
James Thomas
s

2