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

Filing 85

STATUS REPORT Joint Status Report In Response to Scheduling Order (Dkt. 58) 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 IN
RESPONSE TO SCHEDULING
ORDER (DKT. 58)

AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR-CONDITIONING
ENGINEERS, INC.

Filed:

August 6, 2013

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.

B9620/00403/DOCS/3619722.3

STATUS REPORT
Pursuant to the scheduling order at Docket 58, Plaintiffs American Society for Testing
and Materials (“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. jointly submit this status report.
Counsel for Plaintiffs have authorized counsel for Defendant to file this without their
signatures but with their express permission.
Public Resource’s Motion for Extension of Discovery Period, Corresponding Modification
of Scheduling Order, and Leave to Take More Than 10 Depositions
On January 29, Public Resource filed a motion for extension of the discovery period,
corresponding modification of scheduling order, and leave to take more than 10 depositions
[Dkt. 71]. Plaintiffs have opposed Public Resource’s motion, proposing a different schedule
[Dkt. 76], and Public Resource filed a reply [Dkt. 82]. The motion is now ready for the Court’s
determination.
NFPA’s Motion to Amend Complaint
On February 3, NFPA filed a motion to amend the complaint to add a claim regarding the
2014 National Electric Code [Dkt. 74]. Public Resource opposed the motion on February 20
[Dkt. 79], and NFPA filed a reply on March 2 [Dkt. 84]. The motion is now ready for the
Court’s determination.
Deposition Scheduling
On February 26 and 27, Plaintiffs took the 30(b)(6) deposition of Public Resource and
Carl Malamud, respectively. The Rule 30(b)(6) deposition of an NFPA corporate representative
will take place on March 3 in Boston. The deposition of an ASTM Rule 30(b)(6) representative
will occur in Washington on March 4, and depositions of ASHRAE’s two 30(b)(6)
representatives will occur in Atlanta on March 5 and March 12. Public Resource will also take
2
B9620/00403/DOCS/3619722.3

the deposition of non-party American National Standards Institute on March 13 in New York.
The parties continue to disagree regarding the scheduling of additional depositions. The parties
refer the Court to their briefing on Public Resource’s motion for extension of the discovery
period for further details about this dispute.
March 2, 2015

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

3
B9620/00403/DOCS/3619722.3