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

Filing 79

Memorandum in opposition to re #74 MOTION to Amend/Correct #1 Complaint,, Exhibit B filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: #1 Declaration of Andrew P. Bridges In Support of Public.Resource.Org, Inc.'s Opposition to National Fire Protection Association, Inc.'s Motion to Amend Complaint, #2 Exhibit A to Bridges Declaration In Support of Opposition to Motion to Amend Complaint, #3 Text of Proposed Order Denying National Fire Protection Association, Inc.'s Motion to Amend Complaint (Dkt. No. 74))(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

DECLARATION OF ANDREW P.
BRIDGES IN SUPPORT OF
PUBLIC.RESOURCE.ORG, INC.’S
OPPOSITION TO NATIONAL FIRE
PROTECTION ASSOCIATION,
INC.’S MOTION TO AMEND
COMPLAINT

AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR-CONDITIONING
ENGINEERS, INC.
Plaintiffs/Counter-defendants,
v.

Filed:

August 6, 2013

PUBLIC.RESOURCE.ORG, INC.,
Defendant/Counterclaimant.

I, Andrew P. Bridges, hereby declare pursuant to 28 U.S.C. § 1746 as follows:
1.

I am a member of the bar of the State of California and am admitted to practice

before this Court. I am a partner in the law firm of Fenwick & West LLP and counsel of record
for Defendant-Counterclaimant Public.Resource.Org, Inc. (“Public Resource”). I submit this
declaration in support of Public Resource’s Opposition to Plaintiffs-Counterdefendants’
Amended Motion to Compel Discovery.
2.

National Fire Protection Association (“NFPA”) first informed Public Resource

that it intended to file a motion to amend the complaint to allege infringement of the 2014
National Electric Code (“NEC 2014”) by email in the midst of the winter holidays, on December
30, 2014. NFPA did not follow up on this issue until two days before the close of discovery, on
January 28, 2015. Public Resource replied to NFPA that it was concerned because Public

Resource “[did] not believe the current schedule allows for sufficient time to complete discovery
on a new claim,” but that if further discovery was allowed then Public Resource would not
oppose NFPA’s motion to amend the complaint. A true and correct copy of the email exchange
with counsel for NFPA is attached as Exhibit A.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
February 20, 2015.

/s/Andrew P. Bridges
Andrew P. Bridges

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