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

Filing 56

Consent MOTION for Extension of Time to Extend Time for Discovery and Case Schedule by PUBLIC.RESOURCE.ORG, INC. (Attachments: #1 Text of Proposed Order)(McSherry, Corynne)

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

CONSENT MOTION TO EXTEND
TIME FOR DISCOVERY AND CASE
SCHEDULE

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.

Complaint Filed:

August 6, 2013

Defendant/Counter-Plaintiff Public.Resource.Org (“Public Resource”) respectfully moves
to extend the fact discovery deadline and remaining deadlines on the case schedule, currently set
by Dkt. No. 41.3. Pursuant to LCvR 7(m), the undersigned counsel discussed this motion with
counsel for Plaintiffs’ Counter-Defendant 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 (“Plaintiffs”). Plaintiffs consented to this Motion
and agreed to the dates and limitations below.
Extending the deadlines by two months allows the parties to complete document
production and conduct depositions in a reasonable manner during and after the holiday season
while accommodating witnesses’ and counsel’s various schedules.
Public Resource has discussed the schedule with Plaintiffs, and Plaintiffs agree to the
below dates as a reasonable extension of the schedule. Furthermore, the parties agree that no party
shall serve any further written discovery, except that ASTM may serve one additional
interrogatory on Public Resource and Public Resource may serve one additional interrogatory on
ASTM. Public Resource and ASTM do not waive any objections related to any final
interrogatory, but they do agree to that neither will argue that the proposed final interrogatory is
untimely, provided each party serves its interrogatory promptly, and they agree that neither will
argue any agreement associated with this extension prohibits such a final interrogatory. The
parties preserve all other objections.

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Public Resource (with Plaintiffs’ agreement) respectfully asks that the Court modify the
remaining schedule as follows:
Previous Date

New Date

Close of fact discovery

12/5/2014

1/30/2015

Joint status report

1/5/2015

3/2/2015

Opening expert disclosures

2/2/2015

3/2/2015

Opposition expert disclosures

3/16/2015

4/13/2015

Rebuttal expert disclosures

5/4/2015

6/1/2015

Reply expert disclosures

5/18/2015

6/15/2015

Close of expert discovery

6/16/2015

7/14/2015

Joint status report

6/23/2015

7/21/2015

Status conference

6/30/2015

7/28/2015

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Dated: November 24, 2014
/s/ Corynne McSherry
Corynne McSherry (pro hac vice)
[e-mail]
Mitchell L. Stoltz (D.C. Bar No. 978149)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: (415) 436-999
Andrew P. Bridges (admitted)
abridges @fenwick.com
Kathleen Lu (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]
Attorneys for Defendant-Counterclaimant
Public.Resource.Org, Inc.

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CERTIFICATE OF SERVICE
In accordance with LCvR 5.3, I hereby certify that on November 24, 2014, I caused a true
and correct copy of the foregoing Consent Motion to Extend Time for Discovery and Case
Schedule to be served on all counsel of record through the Courts CM/ECF.
/s/ Corynne McSherry
Corynne McSherry (pro hac vice)

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