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

Filing 66

Declaration re #64 First MOTION to Compel Public.Resource.Org. / by NATIONAL FIRE PROTECTION ASSOCIATION, INC. (Rehn, Nathan) Modified on 12/28/2014 (jf, ).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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,

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

Plaintiffs/
Counter-Defendants,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant/
Counter-Plaintiff.
DECLARATION OF NATHAN REHN
IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL
I, Nathan Rehn, declare as follows:
1.

I am an attorney at the law firm of Munger Tolles & Olson LLP, and am counsel

for Plaintiff National Fire Protection Association, Inc. (“NFPA”). I was granted leave to appear
pro hac vice in this matter on September 17, 2014. The following facts are based upon my own
personal knowledge, and if called upon to do so, I could and would testify competently hereto.
2.

On November 13, 2014, Plaintiffs American Society for Testing and Materials

d/b/a/ ASTM International (“ASTM”), NFPA, and American Society of Heating, Refrigerating,
and Air Conditioning Engineers (“ASHRAE”) (collectively “Plaintiffs”), took a deposition
pursuant to Rule 30(b)(6) of Point.B.Studios, whose designated witness was Rebecca Malamud
(the “Malamud Deposition”).

3.

Attached hereto as Exhibit 1 is a true and correct copy of Exhibit 21 to the

Malamud Deposition.
4.

Attached hereto as Exhibit 2 is a true and correct copy of Defendant-

Counterclaimant Public.Resource.Org, Inc.’s Responses to Plaintiff-Counterdefendants’ First Set
of Requests for Production of Documents.
5.

Attached hereto as Exhibit 3 are pages excerpted from the transcript of the

Malamud Deposition.
6.

Attached hereto as Exhibit 4 is a true and correct copy of Exhibit 27 to the

Malamud Deposition.
7.

Attached hereto as Exhibit 5 is a true and correct copy of a chain of email

correspondence between counsel for Plaintiffs and counsel for Public Resource regarding the
issues raised in Plaintiffs’ Motion to Compel.
8.

Counsel for Plaintiffs met and conferred with counsel for Public Resource by

telephone on December 5, 2014, and again on December 10, 2014, in an effort to reach common
ground and resolve the issues raised in Plaintiffs’ Motion to Compel. The parties were not able
to resolve these issues.

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed on December 24, 2014

/s/Nathan Rehn
Nathan Rehn

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