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

Filing 209

Unopposed MOTION for Leave to File Second Amicus Brief of American Property Casualty Insurance Association in Support of Plaintiff's Second Motion for Summary Judgment and Permanent Injunction by AMERICAN INSURANCE ASSOCIATION (Attachments: # 1 Second Amicus Brief of American Property Casualty Ins. Association ISO Plaintiff's Second Motion for Summary Judgment and Permanent Injunction)(Hollywood, Meegan)

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

1:13-CV-01215-TSC

AMERICAN SOCIETY OF HEATING
REFRIGERATING, AND AIR CONDITIONING
ENGINEERS,
Plaintiffs/
Counter-Defendants,
v.
PUBLIC.RESOURCE.ORG, INC.
Defendant/
Counter-Plaintiff.
UNOPPOSED MOTION FOR LEAVE TO FILE
SECOND AMICUS CURIAE BRIEF OF AMERICAN PROPERTY CASUALTY
INSURANCE ASSOCIATION IN SUPPORT OF PLAINTIFF’S SECOND MOTION FOR
SUMMARY JUDGMENT AND A PERMANENT INJUNCTION
ROBINS KAPLAN LLP
Meegan F. Hollywood
399 Park Ave #3600
New York, NY 10022
[phone]
[e-mail]
Bar No. NY0206
Of Counsel:
Jonathan D. Mutch
800 Boylston Street Suite 2500
Boston, MA 02199
[phone]
[e-mail]
American Property Casualty Insurance
Association

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On behalf of amicus American Property Casualty Insurance Association the undersigned
counsel respectfully moves for leave to file a Second Amicus Curiae Brief in Support of
Plaintiffs’ Second Motion for Summary Judgment and a Permanent Injunction filed in the above
referenced matter. A copy of the proposed brief accompanies this motion.
1.

The Court authorized the filing of amicus curiae briefs in this matter by its October

2, 2019 Minute Order setting a filing deadline of November 25, 2019, subsequently amended to
December 6, 2019.
2.

The American Property Casualty Insurance Association (“APCIA”) is the primary

national trade association for home, auto, and business insurers. APCIA was recently formed
through a merger of two longstanding trade associations, the American Insurance Association
(which previously filed an amicus brief in this case) and the Property Casualty Insurance
Association of America.
3.

APCIA seeks to file an amicus Brief in this lawsuit because of the continuing risks

posed by Defendant’s arguments to the availability of research and guidance provided in the
standards promulgated by NFPA, ASTM and ASHRAE – and other standard development
organizations. These standards play a central role in the prevention and control of losses and the
reduction of insurance risk.
4.

APCIA is uniquely positioned to explain (as amicus curiae) the industry’s use of

NFPA and other safety standards and the importance of these standards in protecting the public
from fire and other safety hazards.
5.

APCIA does not have a financial interest in the outcome of the present litigation.

6.

Plaintiffs do not oppose the amicus filing of APCIA in this matter.

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Dated: December 6, 2019
ROBINS KAPLAN LLP
By: /s/ Meegan F. Hollywood
Meegan F. Hollywood
399 Park Ave #3600
New York, NY 10022
[phone]
[e-mail]
Bar No. NY0206
Of Counsel:
Jonathan D. Mutch
800 Boylston Street, Suite 2500
Boston, MA 02199
[phone]
[e-mail]
[e-mail]
Attorneys for
American Property Casualty Insurance
Association

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served this 6th day of
December, 2019 via CM/ECF upon all counsel of record in this matter.
/s/ Meegan F. Hollywood

37063049.1

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