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

Filing 48

Memorandum in opposition to re #41 MOTION to Compel Discovery filed by AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC.. (Attachments: #1 Declaration of M. Andrew Zee, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration of Claire Ramspeck)(Steinthal, Kenneth)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN SOCIETY FOR TESTING AND
MATERIALS d/b/a/ ASTM INTERNATIONAL;

Case No. 1:13-cv-01215-TSC-DAR

NATIONAL FIRE PROTECTION
ASSOCIATION, INC.; and

DECLARATION OF M. ANDREW
ZEE IN SUPPORT OF PLAINTIFFCOUNTERDEFENDANT THE
AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIRCONDITIONING ENGINEERS,
INC.’S OPPOSITION TO
DEFENDANT-COUNTERCLAIMANT
PUBLIC.RESOURCE.ORG, INC.’S
MOTION TO COMPEL DISCOVERY

AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR-CONDITIONING
ENGINEERS, INC.
Plaintiffs,
v.
PUBLIC.RESOURCE.ORG, INC.,

Filed: August 6, 2013
Defendant.
PUBLIC.RESOURCE.ORG, INC.,
Counterclaimant,
v.
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, INC.
Counterdefendants.

DECLARATION OF M. ANDREW ZEE
I, M. Andrew Zee, declare as follows:
1.

I am an attorney at the law firm of King & Spalding LLP, and am enrolled as

counsel for Plaintiff American Society of Heating, Refrigerating, and Air Conditioning Engineers
(“ASHRAE”) in this action. I was granted leave to appear pro hac vice in this matter on
September 18, 2014. I have personal knowledge of the facts set forth herein and could and would
testify competently thereto if called as a witness.
2.

On behalf of ASHRAE and the other two Plaintiffs in this action, I sent an email to

counsel for Defendant Public.Resource.Org, Inc. (“Public Resource”) on September 29, 2014
requesting that Public Resource withdraw its motion to compel because it had not complied with
Local Rule 7(m). Counsel for Public Resource responded by email later that day. On September
30, 2014, I exchanged two additional emails with counsel for Public Resource. Attached hereto as
Exhibit 1 is a true and correct copy of these four emails.
3.

Attached hereto as Exhibit 2 is a true and correct copy of ASHRAE’s Answers and

Objections to Defendant-Counterclaimant Public.Resource.Org, Inc.’s First Set of Interrogatories
(Nos. ASHRAE-1 through ASHRAE-7).
4.

I participated in a telephone conference on May 7, 2014, during which counsel for

the parties discussed various issues relating to their discovery responses and objections. Since
May 2014, counsel for the parties have held additional telephone conferences to discuss Plaintiffs’
motion for protective order and motion to strike jury demand, and Public Resource’s motion to
extend discovery and case schedule. At no time during any of these telephone conferences did
Public Resource indicate that it would be filing a motion to compel discovery or otherwise discuss
such a motion.

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