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).

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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/Counter-defendants, Case No. 1:13-cv-01215-TSC-DAR DEFENDANT-COUNTERCLAIMANT PUBLIC.RESOURCE.ORG, INC.’S CONSOLIDATED LIST OF EXHIBITS FOR ITS REPLY MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Action Filed: August 6, 2013 v. PUBLIC.RESOURCE.ORG, INC., Defendant/Counterclaimant. REDACTED VERSION SOUGHT TO BE FILED UNDER SEAL Defendant-Counterclaimant Public.Resource.Org, Inc. (“Public Resource”) submits the following Consolidated List of Exhibits in Support of Defendant Public Resource’s Reply Memorandum of Points and Authorities In Support of Its Motion for Summary Judgment, as follows: Exhibit No. Document Title 1. Excerpts of John Jarosz’s deposition, Plaintiffs’ designated expert witness, dated August 27, 2015. 2. Excerpts of Steven Comstock’s deposition, as the corporate designee for ASHRAE, dated March 5, 2015. 3. Excerpts of Donald Bliss’s deposition, as the corporate designee for NFPA, dated March 3, 2015. Exhibit No. Document Title 4. Excerpts of Daniel Smith’s deposition, as the corporate designee of ASTM, dated July 24, 2015. 5. Veeck v. Southern Building Code Congress International, Inc., No. 99-40632, Brief of Amicus Curiae States of Ohio and Ten Other States and Territories Supporting Appellant Veeck Upon Rehearing En Banc 6. Veeck v. Southern Building Code Congress International, Inc., No. 99-40632, Brief of Amicus Curiae ASTM International in Support of Petition for a Writ of Certiorari 7. 8. Webpage Membership Types and Benefits, ASTM.org (accessed Feb. 4, 2016), http://www.astm.org/MEMBERSHIP/MemTypes.htm 9. Webpage FAQs, NFPA.org (accessed Feb. 4, 2016), http://www.nfpa.org/about-nfpa/international/faqs. 10. 11. 12. Webpage of the U.S. Government Publishing Office entitled Browse Government Publications, at https://www.gpo.gov/fdsys/browse/collectiontab.action. 13. Memorandum for the Heads of Executive Departments and Agencies from John P. Holdren, Director of the Office of Science and Technology Policy, Executive Office of the President, regarding Increasing Access to the Results of Federally Funded Scientific Research, dated Feb. 22, 2013 and published at https://www.whitehouse.gov/sites/default/files/microsites/ostp/ostp_public_ac ess_memo_2013.pdf. 14. Webpage of the U.S. Department of Justice entitled “Accessibility of State and Local Government Websites to People with Disabilities,” at http://www.ada.gov/websites2.htm. 2 Exhibit No. Document Title 15. Report of the Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities, dated December 6, 2011 and published on the U.S. Department of Education website at http://www2.ed.gov/about/bdscomm/list/aim/ meeting/aim-report.pdf. 16. Excerpts from the Alabama Electrical Code, Chapter 170-X-2, August 2008. 17. Veeck v. Southern Building Code Congress International, Inc., No. 99-40632, 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 3 Dated: February 4, 2016 Respectfully submitted, /s/ Andrew P. Bridges Andrew P. Bridges (admitted) abridges@fenwick.com Sebastian E. Kaplan (pro hac vice pending) skaplan@fenwick.com Matthew Becker (admitted) mbecker@fenwick.com FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 Corynne McSherry (admitted pro hac vice) corynne@eff.org Mitchell L. Stoltz (D.C. Bar No. 978149) mitch@eff.org ELECTRONIC FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 David Halperin (D.C. Bar No. 426078) davidhalperindc@gmail.com 1530 P Street NW Washington, DC 20005 Telephone: (202) 905-3434 Attorneys for Defendant-Counterclaimant Public.Resource.Org, Inc. 4

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