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

Filing 49

Unopposed MOTION for Leave to Appear TELEPHONICALLY AT OCTOBER 14, 2014 HEARING by AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC. (Attachments: #1 Text of Proposed Order)(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

PLAINTIFF-COUNTERDEFENDANT
THE AMERICAN SOCIETY OF
HEATING, REFRIGERATING, AND
AIR- CONDITIONING ENGINEERS,
INC.’S UNOPPOSED MOTION TO
ALLOW TELEPHONIC
APPEARANCE AT OCTOBER 14,
2014 HEARING

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

Filed: August 6, 2013

The American Society of Heating, Refrigerating, and Air Conditioning Engineers
(“ASHRAE”) respectfully requests that its counsel be allowed to appear telephonically at the
October 14, 2014 hearing on Defendant’s Motion to Compel Discovery. In support of this Motion,
ASHRAE states as follows:
1.

On September 15, 2014, Defendant Public.Resource.Org, Inc. (“Public Resource”)

filed a Motion to Compel Discovery. ECF No. 41. ASHRAE filed its response in opposition to
the Motion on October 2, 2014. ECF No. 48. The Court has set a hearing on Public Resource’s
Motion for October 14, 2014 at 3:00 p.m. before U.S. Magistrate Judge Deborah A. Robinson.
2.

The attorneys with primary responsibility for this case work and reside in or around

San Francisco, California. Permitting counsel to appear by telephone will save the time and
expense of traveling across the country to Washington D.C. Counsel for ASHRAE believe that
their ability to participate meaningfully in the hearing will not be impeded by a telephonic
appearance.
3.

No party will be prejudiced by the requested telephonic appearance by counsel for

ASHRAE.
4.

On October 9, 2014, counsel for ASHRAE contacted counsel for Public Resource,

who stated that they have no opposition to the requested relief. Counsel for Public Resource
further stated that they intend to be present for the hearing and wish for the hearing to go forward
in the courtroom.
Accordingly, for the foregoing reasons, ASHRAE respectfully requests that the Court grant
this Motion and permit counsel for ASHRAE to appear telephonically at the October 14, 2014
hearing. A proposed order is attached.

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Dated: October 9, 2014

Respectfully submitted,

/s/ Kenneth L. Steinthal
Kenneth L. Steinthal admitted pro hac vice)
Joseph R. Wetzel (admitted pro hac vice)
M. Andrew Zee (admitted pro hac vice)
KING & SPALDING, LLP
101 2nd Street, Suite 2300
San Francisco, CA 94105
[phone]
[e-mail]
[e-mail]
[e-mail]
Jeffrey S. Bucholtz (D.C. Bar: 452385)
KING & SPALDING, LLP
1700 Pennsylvania Avenue, NW, Suite 200
Washington, DC 20006
[phone]
[e-mail]
Counsel for the American Society of
Heating, Refrigerating, and AirConditioning Engineers, Inc.

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