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

Filing 31

MOTION for Order of Protection by AMERICAN SOCIETY FOR TESTING AND MATERIALS, AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC., NATIONAL FIRE PROTECTION ASSOCIATION, INC. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Declaration of Jordana Rubel, #3 Exhibit B - Declaration Exh. 1, #4 Exhibit B - Declaration Exh. 2, #5 Exhibit B - Declaration Exh. 3, #6 Exhibit B - Declaration Exh. 4, #7 Exhibit B - Declaration Exh. 5, #8 Exhibit B - Declaration Exh. 6, #9 Exhibit B - Declaration Exh. 7, #10 Exhibit B - Declaration Exh. 8, #11 Exhibit B - Declaration Exh. 9, #12 Exhibit B - Declaration Exh. 10, #13 Exhibit B - Declaration Exh. 11, #14 Exhibit B - Declaration Exh. 12, #15 Exhibit B - Declaration Exh. 13, #16 Exhibit B - Declaration Exh. 14, #17 Exhibit B - Declaration Exh. 15, #18 Exhibit B - Declaration Exh. 16, #19 Exhibit B - Declaration Exh. 17, #20 Exhibit B - Declaration Exh. 18, #21 Exhibit B - Declaration Exh. 19, #22 Exhibit B - Declaration Exh. 20, #23 Exhibit B - Declaration Exh. 21, #24 Exhibit B - Declaration Exh. 22, #25 Exhibit B - Declaration Exh. 23, #26 Exhibit B - Declaration Exh. 24, #27 Exhibit C)(Fee, J.)

Exhibit 10

From:
Sent:
To:
Cc:
Subject:
Attachments:

Rubel, Jordana S.
Wednesday, June 11, 2014 4:55 PM
Matthew Becker; Andrew Bridges; '[e-mail]'; Kathleen Lu; '[e-mail]';
'[e-mail]'; '[e-mail]'; '[e-mail]'
Fee, J. Kevin; Clayton, Michael F.; '[e-mail]'; '[e-mail]';
'[e-mail]'; '[e-mail]'; Klaus, Kelly; Blavin, Jonathan; Mongan, Michael
RE: ASTM et al. v. Public.Resource.Org - protective order
(77932750)_(5)_Protective Order - Pls_ draft 6-11.DOCX

Counsel,
We attach a revised version of our proposed protective order that shows the changes we’ve made to the original
document we circulated. You will see that we have accepted your proposal regarding the procedures for filing
documents under seal (in Paragraph 2 of the attached) but we have rejected the remainder of your proposed changes.
Because we believe that the parties are at an impasse, we plan to file a motion with the court requesting that it enter
our proposed order and explaining the issues on which the parties have been unable to agree. As far as we understand,
there are at least two issues on which the parties have been unable to reach an agreement:
1) whether there should be an attorneys’ eyes only category; and
2) the procedure for challenging a confidentiality designation – whether the designating party or the receiving party
should have to bring the motion and within what time frame.
There are two additional issues on which we’d like you to clarify your position:



Your May 23 letter did not mention your previous request that all documents designated as confidential be

accompanied by a statement explaining which specific facts or elements within the designated material is
confidential, and explaining why such designation is warranted. Please let us know if you continue to
maintain that this should be required.


We have added a new provision (Paragraph 7 in the attached) to our proposed protective order that

restricts the parties’ ability to use documents produced in the context of the litigation for any purpose other
than litigating the case. Please let us know whether you agree to this provision.
We look forward to your prompt response.
Thank You,
Jordana

Jordana S. Rubel
Morgan, Lewis & Bockius LLP
1111 Pennsylvania Avenue, NW | Washington, DC 20004-2541
Direct: +1 202.739.5118 | Main: 202.739.3000 | Fax: [phone]
[e-mail] | www.morganlewis.com
Assistant: Margaret C. Young | +1 202.739.5493 | [e-mail]

From: Matthew Becker [mailto:[e-mail]]
Sent: Friday, May 23, 2014 11:55 PM
To: 'Mongan, Michael'
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Cc: '[e-mail]'; Kathleen Lu; '[e-mail]'; '[e-mail]'; '[e-mail]';
'[e-mail]'; Rubel, Jordana S.; Fee, J. Kevin; Clayton, Michael F.; '[e-mail]';
'[e-mail]'; '[e-mail]'; '[e-mail]'; Klaus, Kelly; Blavin, Jonathan; Andrew Bridges
Subject: RE: ASTM et al. v. Public.Resource.Org Discovery Letter and Protective Order

Counsel,
Attached, please find Public Resource’s letter in response to our teleconference on May 7th.
Have an enjoyable holiday weekend,
Matt
From: Mongan, Michael [mailto:[e-mail]]
Sent: Friday, May 23, 2014 5:49 PM
To: Andrew Bridges
Cc: '[e-mail]'; Kathleen Lu; '[e-mail]'; '[e-mail]'; '[e-mail]';
'[e-mail]'; Matthew Becker; '[e-mail]'; '[e-mail]';
'[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]';
Klaus, Kelly; Blavin, Jonathan
Subject: RE: ASTM et al. v. Public.Resource.Org Discovery Letter and Protective Order

Counsel:
Attached, please find a letter in response to your May 2 letter. I hope you all have a pleasant holiday weekend.
Best,
Mike
From: Matthew Becker [mailto:[e-mail]]
Sent: Friday, May 02, 2014 6:49 PM
To: '[e-mail]'; Mongan, Michael; '[e-mail]'; '[e-mail]';
'[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; Klaus, Kelly; Blavin, Jonathan;
Choudhury, Anjan
Cc: '[e-mail]'; Andrew Bridges; Kathleen Lu; '[e-mail]'; '[e-mail]';
'[e-mail]'; '[e-mail]'
Subject: ASTM et al. v. Public.Resource.Org Discovery Letter and Protective Order

Counsel,
Please find attached to this email a discovery letter, draft protective order, and redline of the draft protective order for
the ASTM et al. v. Public.Resource.Org matter.
Thank you,

MATTHEW BECKER
Fenwick & West LLP
Associate, Litigation Group
[phone]
[phone]
[e-mail]

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