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

Filing 241

Joint STATUS REPORT Pursuant to the Courts March 31, 2022 Minute Order by AMERICAN SOCIETY FOR TESTING AND MATERIALS. (Attachments: # 1 Text of Proposed Order)(Fee, J.)

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.
JOINT STATUS REPORT
Pursuant to the Court’s March 31, 2022 Minute Order, Plaintiffs American Society for
Testing and Materials d/b/a ASTM International (“ASTM”), National Fire Protection
Association, Inc. (“NFPA”), and American Society of Heating, Refrigerating, and Air
Conditioning Engineers (“ASHRAE”) (collectively, “Plaintiffs”) and Defendant
Public.Resource.Org (“PRO”) (together with Plaintiffs, the “Parties”) respectfully submit the
below report on the status of this matter.
1. Defendant’s Compliance with the Court’s Order, Dkt. 240, to Remove
Certain Standards and Logos from Its Website
PRO represents that it has fully complied with the Court’s Order, including removal of
certain standards and redaction of Plaintiffs’ logos from its website and from any postings it has
uploaded to the Internet Archive.

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2. Proposed Schedule to Resolve Plaintiffs’ Claims as to the Remaining
Standards
Plaintiffs’ Second Motion for Summary Judgment and for a Permanent Injunction, Dkt.
198 (“Plaintiffs’ Motion”) sought summary judgment with respect to 217 of the copyrighted
works at issue in this case. See Motion 1 (moving for summary judgment on works listed in
Appendix A to motion); Appendix A to Motion, Dkt. 198-2 (listing works at issue). This Court’s
order, Dkt. 240, granting in part and denying in part Plaintiffs’ Motion and granting in part and
denying in part Defendant’s Cross-Motion for Summary Judgment, Dkt. 202, (“Order”),
addressed summary judgment only as to those 217 works. See Order 1-2. Plaintiff ASTM’s
claims as to an additional 38 works were not addressed by the Order and therefore remain at
issue. Compare Appendix A to Motion, Dkt. 198-2, with Complaint for Injunctive Relief,
Exhibit A, Dkt. 1.
Plaintiffs intend to appeal the Order. While the remaining standards were not at issue in
the Order, the legal issues related to those standards are likely to be informed by the resolution
on appeal of the legal issues related to the standards at issue in the Order. Accordingly, the
Parties agree that entry of a stay with respect to the remaining works is appropriate while the
appeal is pending.
3. Court-Sponsored Mediation with the Court’s Mediation Program
At this time, the Parties do not believe that court-sponsored mediation would be
productive, but they will contact the Court if the status regarding settlement changes.
Dated: April 22, 2022

Respectfully submitted,
/s/ J. Kevin Fee
J. Kevin Fee (D.C. Bar: 494016)
Jane W. Wise (D.C. Bar: 1027769)

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Morgan, Lewis & Bockius LLP
1111 Pennsylvania Ave., N.W.
Washington, D.C. 20004
Tel: [phone]
Email: [e-mail]
[e-mail]
Counsel for American Society for Testing and Materials
d/b/a ASTM International
/s/ Kelly M. Klaus
Kelly M. Klaus (pro hac vice)
MUNGER, TOLLES & OLSON LLP
560 Mission St., 27th Floor
San Francisco, CA 94105
Tel: [phone]
Email: [e-mail]
Rose L. Ehler (pro hac vice)
MUNGER, TOLLES & OLSON LLP
350 South Grand Ave., 50th Floor
Los Angeles, CA 90071
Tel: [phone]
Email: [e-mail]
Rachel G. Miller-Ziegler (D.C. Bar. 229956)
MUNGER, TOLLES & OLSON LLP
601 Massachusetts Ave. NW, Suite 500E
Washington, DC 20001
Tel: [phone]
Email: [e-mail]
Counsel for National Fire Protection Association, Inc.
/s/ Jeffrey S. Bucholtz
Jeffrey S. Bucholtz (D.C. Bar: 452385)
David Mattern
King & Spalding LLP
1700 Pennsylvania Avenue, NW, Ste. 200
Washington, DC 20006-4707
Tel: [phone]
Email: [e-mail]

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Counsel for American Society of Heating, Refrigerating,
and Air Conditioning Engineers
/s/ Matthew B. Becker
Mitchell L. Stoltz (admitted)
[e-mail]
Corynne McSherry (admitted pro hac vice)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
Andrew P. Bridges (admitted)
[e-mail]
Matthew B. Becker (admitted pro hac vice)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
David Halperin (D.C. Bar No. 426078)
[e-mail]
1530 P Street NW
Washington, DC 20005
Telephone: [phone]
Counsel for Public.Resource.Org, Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on April 22, 2022 a true and correct copy of the foregoing document
was served via CM/ECF upon all counsel of record.

/s/ Jane W. Wise__
Jane W. Wise

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