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/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

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Dated: February 4, 2016

Respectfully submitted,
/s/ Andrew P. Bridges
Andrew P. Bridges (admitted)
[e-mail]
Sebastian E. Kaplan (pro hac vice pending)
[e-mail]
Matthew Becker (admitted)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Corynne McSherry (admitted pro hac vice)
[e-mail]
Mitchell L. Stoltz (D.C. Bar No. 978149)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
David Halperin (D.C. Bar No. 426078)
[e-mail]
1530 P Street NW
Washington, DC 20005
Telephone: [phone]
Attorneys for Defendant-Counterclaimant
Public.Resource.Org, Inc.

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