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

Filing 68

STATUS REPORT ON OUTSTANDING ISSUES RAISED IN PUBLIC RESOURCE'S MOTION TO COMPEL DISCOVERY (Related Dkt. #60 ) by PUBLIC.RESOURCE.ORG, INC.. (Bridges, Andrew)

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

JOINT STATUS REPORT ON
OUTSTANDING ISSUES RAISED IN
PUBLIC RESOURCE’S MOTION TO
COMPEL DISCOVERY

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

STATUS REPORT
Plaintiffs National Fire Protection Association, Inc. (“NFPA”) and American Society of
Heating, Refrigerating, and Air-Conditioning Engineers, Inc. (“ASHRAE”) and Defendant
Public.Resource.Org, Inc. (“Public Resource”), jointly submit this status report in response to the
Court’s direction at the last hearing. This report outlines the status of the productions that were
still in dispute at the last hearing.
Counsel for Plaintiffs have authorized counsel for Defendant to file this without their
signatures but with their express permission.
ASHRAE
At the last hearing, ASHRAE represented that it would produce assignment forms and
lists of persons who signed those forms. In particular, for pre-2010 forms, ASHRAE represented
it would produce lists of project committee members because ASHRAE did not have other lists
of signees readily available. Since the hearing, ASHRAE has made several productions of
documents, including on December 29, 2014 and January 9, 2015. ASHRAE represents that
with its most recent January 9, 2015 production, its production is complete with regard to all
outstanding requests for production. Public Resource is still in the process of reviewing
ASHRAE’s productions. The parties expect to update the Court on Thursday, January 15, 2015,
on the status of this production and whether the parties believe any assignment or membership
document issues remain outstanding.
NFPA
At the last hearing, the Court denied Public Resource’s motion without prejudice,
provided that NFPA make its standards development records available for Public Resource to
inspect and locate the assignment forms contained therein. Since that time, in accordance with
the Court’s order, NFPA has gathered its standards development records for the standards at
issue, and the parties have conferred to arrange logistics for inspecting the records to identify and
copy the assignment forms.
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There are approximately 120 boxes containing the standards development records for the
standards at issue. NFPA has offered to identify the folders within the standards development
records containing assignment forms, which NFPA estimates would fill fewer than 50 boxes, and
is doing so. Public Resource has proposed that NFPA furnish those folders to a third-party
vendor who will, at Public Resource’s cost, scan the contents of those folders and deliver the
scans to Public Resource. NFPA disagrees with permitting its paper records to be taken offsite
by a third-party vendor, but has offered to have its own copy center reproduce the files at Public
Resource’s cost. The parties are still discussing the logistics of whether NFPA’s copy center can
reproduce the files at a reasonable cost commensurate with outside rates, as well as the format in
which NFPA’s copy center can deliver the documents. The parties expect to have more
information on this issue at the conference on Thursday, January 15, 2015.
NFPA also has 20 rolls of microfilm that contain records of the standards development
process for some of the standards at issue. NFPA has ascertained that 11 of these microfilm rolls
contain assignment forms. NFPA and Public Resource have agreed that NFPA will furnish those
11 microfilm rolls to a vendor who will, at Public Resource’s cost, scan the contents of the rolls
and deliver the scans to Public Resource. The parties are working on the logistics of this
delivery.
January 12, 2015

Respectfully submitted,
/s/ Andrew P. Bridges
Andrew P. Bridges
Counsel for Defendant (with express permission of
counsel for NFPA and ASHRAE)

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