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

Filing 53

Unopposed MOTION for Leave to Appear Telephonicaly at October 28, 2014 Hearing by AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC., NATIONAL FIRE PROTECTION ASSOCIATION, 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

PLAINTIFFCOUNTERDEFENDANTS THE
AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIRCONDITIONING ENGINEERS, INC.
AND THE NATIONAL FIRE
PROTECTION ASSOCIATION,
INC.’S UNOPPOSED MOTION TO
ALLOW TELEPHONIC
APPEARANCE AT OCTOBER 28,
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”) and the National Fire Protection Association, Inc. (“NFPA”) respectfully request
that their counsel be allowed to appear telephonically at the October 28, 2014 further 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 and NFPA filed their responses in
opposition to the Motion on October 2, 2014. ECF Nos. 46, 48.
2.

On October 15, 2014, the parties presented preliminary arguments regarding the

status of Public Resource’s Motion before U.S. Magistrate Judge Deborah A. Robinson. The
Court scheduled a further hearing for October 28, 2014 at 3:00 p.m.
3.

Since the initial hearing on October 15, 2014, the parties have continued their meet-

and-confer efforts. ASHRAE and NFPA believe that there is a reasonable possibility that the
parties will mutually resolve their disputes and eliminate the need for the further hearing on
October 28, 2014.
4.

The attorneys for ASHRAE and NFPA 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 and NFPA believe that their ability to participate meaningfully in the hearing will not be
impeded by a telephonic appearance.
5.

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

ASHRAE and NFPA.
6.

On October 23, 2014, counsel for ASHRAE contacted counsel for Public Resource,

who stated that they have no opposition to the requested relief.

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Accordingly, for the foregoing reasons, ASHRAE and NFPA respectfully request that the
Court grant this Motion and permit their counsel to appear telephonically at the October 28, 2014
further hearing on Public Resource’s Motion to Compel Discovery. A proposed order is attached.

Dated: October 24, 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.

/s/ Kelly Klaus
Anjan Choudhury (D.C. Bar: 497271)
Munger, Tolles & Olson LLP
355 South Grand Avenue, 35th Floor
Los Angeles, CA 90071
Tel: [phone]
Email: [e-mail]
Kelly M. Klaus
Jonathan H. Blavin
Nathan M. Rehn
Munger, Tolles & Olson LLP
3

560 Mission St., 27th Floor
San Francisco, CA 94105
Tel: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Counsel for National Fire Protection
Association, Inc.

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