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

Filing 69

STATUS REPORT Joint Status Report and [Proposed] Order On Defendant and Plaintiffs' Motions to Compel Discovery by NATIONAL FIRE PROTECTION ASSOCIATION, INC.. (Rehn, Nathan)

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

STATUS REPORT AND PROPOSED
ORDER ON OUTSTANDING
DISCOVERY ISSUES

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 AND [PROPOSED] ORDER
Plaintiffs American Society for Testing and Materials d/b/a ASTM International
(“ASTM”), 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 and proposed
order in response to the Court’s minute order entered on January 14, 2015. Counsel for
Defendant has authorized counsel for Plaintiffs to file this with their express permission.
DISCOVERY ISSUES PENDING FROM DECEMBER 1 HEARING
ASHRAE
At the last hearing, the Court ordered ASHRAE to produce assignment forms and lists of
persons who signed those forms. For pre-2010 forms, ASHRAE was ordered to produce lists of
project committee members because ASHRAE did not have other lists of signees readily
available. ASHRAE represents it has completed its production of all lists of all persons who
signed forms for its 2010 version of Standard 90.1, lists of project committee members for pre2010 versions of Standard 90.1, and ASHRAE’s assignment forms.
With that representation, Public Resource agrees the motion is now moot as to ASHRAE.
NFPA
At the last hearing, the Court ordered NFPA to make its standards development records
for the standards at issue available for Public Resource to inspect and locate the assignment
forms contained therein. In lieu of Public Resource inspecting the records, the parties have
agreed that NFPA will identify the folders from its standards development records that contain
documents underlying the reports on comments and reports on proposals. These folders contain
assignment forms for the public input into the standards at issue. NFPA will reproduce these
folders in pdf format, at Public Resource’s cost. NFPA and Public Resource have also agreed
that NFPA will identify the microfilm rolls from its standards development records that contain
assignment forms, and furnish these rolls to a vendor who will, at Public Resource’s cost, scan
the contents of the rolls and deliver the scans to Public Resource and NFPA. NFPA represents

that these productions will complete its production of assignment forms.
With this representation, Public Resource agrees the motion is now moot as to NFPA.

PLAINTIFFS’ MOTION TO COMPEL
Public Resource has agreed to produce nonprivileged communications with donors that
discuss Public Resource’s posting of standards. Public Resource will run the search “(standard
or standards) and (donat* or contribut* or giv* w/5 money or rais* w/5 money or rais* w/5
fund* or fundrais*)”, and use the metadata fields “to”, “from”, “cc”, and “bcc” to identify any
communications with donors.
The parties are continuing to discuss whether Public Resource will redact any identifying
information from the documents it produces.

January 20, 2015

Respectfully submitted,
/s/ Thane Rehn
___________________________
Nathan Rehn
Counsel for NFPA (with permission from counsel
for ASTM, ASHRAE, and Public Resource)

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[PROPOSED] ORDER
In light of the representations and agreements of the parties, the Court hereby orders that
Defendant Public.Resource.Org, Inc.’s motion to compel is dismissed as moot.

IT IS SO ORDERED, this ___ day of January, 2015.
________________________
Hon. Deborah A. Robinson
United States Magistrate Judge

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