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

Filing 164

REPLY in support of motion re #163 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.), #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.) filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: #1 [Redacted] Declaration of Matthew Becker, #2 [Redacted] Consolidated List of Exhibits, #3 [Redacted] Response to Supplemental Statement of Facts, #4 [Redacted] Response to Statement of Disputed Facts, #5 Supplemental Objections to Evidence, #6 Response to Evidentiary Objections, #7 Supplemental Request for Judicial Notice, #8 Supplemental Declaration of Carl Malamud, #9 Exhibit 1, #10 Exhibit 2, #11 Exhibit 3, #12 Exhibit 4, #13 Exhibit 5, #14 Exhibit 6, #15 Exhibit [Redacted] 7, #16 Exhibit 8, #17 Exhibit 9, #18 Exhibit [Redacted] 10, #19 Exhibit [Redacted] 11, #20 Exhibit 12, #21 Exhibit 13, #22 Exhibit 14, #23 Exhibit 15, #24 Exhibit 16, #25 Exhibit 17)(Bridges, Andrew) Modified text on 2/5/2016 (ztd).

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,
Plaintiffs-Counterdefendants,

Case No. 1:13-cv-01215-TSC-DAR
DECLARATION OF MATTHEW
BECKER IN SUPPORT OF
DEFENDANT-COUNTERCLAIMANT
PUBLIC.RESOURCE.ORG, INC.’S
REPLY MEMORANDUM IN SUPPORT
OF ITS MOTION FOR SUMMARY
JUDGMENT
Action Filed: August 6, 2013

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

REDACTED VERSION SOUGHT TO BE FILED UNDER SEAL
I, Matthew Becker, declare pursuant to 28 U.S.C. § 1746 as follows:
1.

I am an attorney admitted to practice in the District of Columbia and am an

associate with the law firm of Fenwick & West LLP, counsel of record for
Defendant/Counterclaimant Plaintiff Public.Resource.Org, Inc. Except where otherwise
indicated, I have personal knowledge of the facts herein and could and would testify competently
hereto.
2.

Attached to Public Resource’s Index of Consolidated Exhibits as Exhibit 1 is a

true and correct copy of excerpts of John Jarosz’s deposition, Plaintiffs’ designated expert
witness, dated August 27, 2015.
3.

Attached to Public Resource’s Index of Consolidated Exhibits as Exhibit 2 is a

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true and correct copy of excerpts of Steven Comstock’s deposition, as the corporate designee for
ASHRAE, dated March 5, 2015.
4.

Attached to Public Resource’s Index of Consolidated Exhibits as Exhibit 3 is a

true and correct copy of excerpts of Donald Bliss’s deposition, as the corporate designee for
NFPA, dated March 3, 2015.
5.

Attached to Public Resource’s Index of Consolidated Exhibits as Exhibit 4 is a

true and correct copy of excerpts of Daniel Smith’s deposition, as the corporate designee of
ASTM, dated July 24, 2015.
6.

I requested that the Clerk of the Court of Appeals for the Fifth Circuit send me

copies of the amicus curiae briefs filed in the case of Veeck v. Southern Building Code Congress
International, Inc., No. 99-40632. Attached to Public Resource’s Index of Consolidated Exhibits
as Exhibit 5 is a true and correct copy of the Brief of Amicus Curiae States of Ohio and Ten
Other States and Territories Supporting Appellant Veeck Upon Rehearing En Banc, which I
received in response to that request.
7.

I requested that the Clerk of the Court of Appeals for the Fifth Circuit send me

copies of the amicus curiae briefs filed in the case of Veeck v. Southern Building Code Congress
International, Inc., No. 99-40632. Attached to Public Resource’s Index of Consolidated Exhibits
as Exhibit 6 is a true and correct copy of the Brief of Amicus Curiae ASTM International in
Support of Petition for a Writ of Certiorari, which I received in response to that request.
8.

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9.

Attached to Public Resource’s Index of Consolidated Exhibits as Exhibit 8 is a

true and correct copy of a printout of the webpage Membership Types and Benefits, ASTM.org
(accessed Feb. 4, 2016), http://www.astm.org/MEMBERSHIP/MemTypes.htm.
10.

Attached to Public Resource’s Index of Consolidated Exhibits as Exhibit 9 is a

true and correct copy of a printout of the webpage FAQs, NFPA.org (accessed Feb. 4, 2016),
http://www.nfpa.org/about-nfpa/international/faqs.
11.

12.

13.

I requested that the Clerk of the Court of Appeals for the Fifth Circuit send me

copies of the amicus curiae briefs filed in the case of Veeck v. Southern Building Code Congress
International, Inc., No. 99-40632. Attached to Public Resource’s Index of Consolidated Exhibits
as Exhibit 17 is a true and correct copy of the Brief of Amicus Curiae Texas Municipal League,
American National Standards Institute, National Fire Protection Association, American Society
of Heating, Refrigerating, and Air-Conditioning Engineers, et al. in Support of Petition for a Writ
of Certiorari, which I received in response to that request.

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I declare under penalty of perjury that the foregoing is true and correct.
Executed this 4th day of February, 2016 at San Francisco, CA.

/s/ Matthew Becker
Matthew Becker

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