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

Filing 78

WITHDRAWAL OF MOTION PURSUANT TO #80 . . . . . MOTION for Protective Order by PUBLIC.RESOURCE.ORG, INC. (Attachments: #1 Declaration of Andrew P. Bridges In Support of Public.Resource.Org, Inc.'s Motion for Protective Order, #2 Exhibit A - Plaintiffs' Second Requests for Production of Documents, Things and Electronically Stored Information, #3 Text of Proposed Order Granting Defendant's Motion for Protective Order [Dkt. 78])(Bridges, Andrew) Modified on 3/2/2015 (td, ).

Exhibit A

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN EDUCATIONAL RESEARCH
ASSOCIATION, INC., AMERICAN
PSYCHOLOGICAL ASSOCIATION, INC.,
and NATIONAL COUNCIL ON
MEASUREMENT IN EDUCATION, INC.,
Plaintiffs,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant.

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Civil Action No. 1:14-cv-00857-TSC-DAR
PLAINTIFFS’ SECOND REQUESTS
FOR PRODUCTION OF
DOCUMENTS, THINGS, AND
ELECTRONICALLY STORED
INFORMATION

Plaintiffs, American Educational Research Association, Inc. (“AERA”), American
Psychological Association, Inc. (“APA”), and National Council on Measurement in Education,
Inc. (“NCME”) (collectively, “Plaintiffs”), hereby request, pursuant to Fed. R. Civ. P. 34, that
Defendant, Public.Resource.Org, Inc. (“Public Resource”), produce each document, thing, and
item of electronically stored information (“ESI”) listed below for inspection and copying, and
that said production be made accompanying Public Resource’s service of its responses to these
Requests upon counsel for Plaintiffs at the offices of OBLON, MCCLELLAND, MAIER &
NEUSTADT, LLP, 1940 Duke Street, Alexandria, Virginia 22314.
DEFINITIONS AND INSTRUCTIONS
A.

The Definitions and Instructions contained in Plaintiffs’ Second Set of

Interrogatories are incorporated herein by reference.
B.

The term “ASTM” refers to American Society of Testing and Materials d/b/a

ASTM International.
C.

The term “NFPA” refers to National Fire Protection Association.

D.

The term “ASHRAE” refers to American Society of Heating, Refrigerating, and

Air Conditioning Engineers.
E.

The term “the ASTM Case” refers to American Society of Testing and Materials

d/b/a ASTM International et al. v. Public.Resource.Org, Inc., Case No. 1:13-cv-01215-TSCDAR.
F.

The term “the ASTM Plaintiffs” refers collectively to the Plaintiffs in the ASTM

G.

With respect to each document, thing, and/or item of ESI requested below for

Case.

which a claim of privilege, work product, confidentiality, or other rule or doctrine of nondisclosure is asserted, specify (in log form): (i) the nature of the document, thing, and/or item of
ESI, (ii) the identity (by name, address, title, and business affiliation) of the author(s) thereof,
(iii) the addressee(s) and all recipients thereof, (iv) the general subject matter to which the
document, thing, and/or item of ESI relates, and its date, (v) the basis for non-disclosure being
claimed and whether it is being asserted in connection with a claim or defense governed by state
law, (vi) the non-disclosure rule or doctrine being invoked, and (vii) as to the document, thing, or
item of ESI requested, whether any responsive materials exist.
H.

Public Resource shall separately identify the Request by number pursuant to

which each document, thing, and/or item of ESI is produced.
REQUESTS
PRODUCTION REQUEST NO. 10.
Produce Public Resource’s answers to all sets of interrogatories served by the ASTM
Plaintiffs in the ASTM Case.

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PRODUCTION REQUEST NO. 11.
Produce Public Resource’s responses to all sets of Requests for Production of Documents
and Things served by the ASTM Plaintiffs in the ASTM case.
PRODUCTION REQUEST NO. 12.
Produce Public Resource’s responses to all sets of Requests for Admissions served by the
ASTM Plaintiffs in the ASTM case.
PRODUCTION REQUEST NO. 13.
Produce all transcripts and exhibits from any depositions taken in the ASTM Case.
PRODUCTION REQUEST NO. 14.
Produce those documents, things and/or items of ESI relied upon by Public Resource in
calculating how many times the 1999 Standards have been viewed on Public Resource’s
Website(s) from July 11, 2012 until the present day.
PRODUCTION REQUEST NO. 15.
Produce those documents, things and/or items of ESI relied upon by Public Resource in
calculating how many times the 1999 Standards have been downloaded from Public Resource’s
Website(s) from July 11, 2012 until the present day.
PRODUCTION REQUEST NO. 16.
Produce those documents, things and/or items of ESI relied upon by Public Resource in
calculating how many times the 1999 Standards have been accessed on Public Resource’s
Website(s) from July 11, 2012 until the present day.
PRODUCTION REQUEST NO. 17.
Produce those documents, things and/or items of ESI relied upon by Public Resource in
calculating how many times HyperText Transfer Protocol (HTTP) requests for the file name

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“aera.standards.1999.pdf” occurred on Public Resource’s Website(s) from July 11, 2012 until the
present day.
PRODUCTION REQUEST NO. 18.
Produce those documents, things and/or items of ESI relied upon by Public Resource in
calculating how many File Transfer Protocol (FTP) requests for the file name
“aera.standards.1999.pdf” occurred on Public Resource’s Website(s) from July 11, 2012 until the
present day.
PRODUCTION REQUEST NO. 19.
Produce those documents, things and/or items of ESI relied upon by Public Resource in
calculating how many RSync (remote sync) protocol requests for the file name
“aera.standards.1999.pdf” occurred on Public Resource’s Website(s) from July 11, 2012 until the
present day.
PRODUCTION REQUEST NO. 20.
Produce those documents, things and/or items of ESI regarding Public Resource’s
communications with any governmental agency regarding incorporation by reference.
PRODUCTION REQUEST NO. 21.
Produce those documents, things and/or items of ESI regarding Carl Malamud’s
communications with any governmental agency on the topic of incorporation by reference.
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Respectfully submitted,
OBLON, McCLELLAND,
MAIER & NEUSTADT,LLP
/s/ Jonathan Hudis
Jonathan Hudis (DC Bar # 418872)
Kathleen Cooney-Porter (DC Bar # 434526)
1940 Duke Street
Alexandria, VA 22314
Tel. [phone]
Fax [phone]
E-Mail [e-mail]
E-Mail [e-mail]

Dated: January 26, 2015
{431384US; 11595055_1.DOCX}

Attorneys for Plaintiffs
AMERICAN EDUCATIONAL RESEARCH
ASSOCIATION, INC.
AMERICAN PSYCHOLOGICAL
ASSOCIATION, INC.
NATIONAL COUNCIL ON
MEASUREMENT IN EDUCATION, INC.

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CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing PLAINTIFFS’ SECOND REQUESTS
FOR PRODUCTION OF DOCUMENTS, THINGS, AND ELECTRONICALLY STORED
INFORMATION was served on counsel for Defendant, this 26th day of January, 2015 by
sending same via e-mail to:
Andrew P. Bridges
Matthew B. Becker
FENWICK & WEST LLP
555 California Street, 112th Floor
San Francisco, CA 94104
[e-mail]
[e-mail]
David Halperin
1530 P Street NW
Washington, DC 20005
[e-mail]
Mitchell L. Stoltz
Corynne McSherry
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
[e-mail]
[e-mail]
Counsel for Defendant
PUBLIC.RESOURCE.ORG, INC.
/s/ Jonathan Hudis
Jonathan Hudis