Code Revision Commission et al v. Public.Resource.Org, Inc.

Filing 41

REPLY to Response to Motion re 29 MOTION for Summary Judgment filed by Public.Resource.Org, Inc., Public.Resource.Org, Inc., Public.Resource.Org, Inc.. (Attachments: # 1 Statement of Material Facts Response to Plaintiff's Supplemental Statement of Undisputed Material Facts)(Parker, Sarah)

Case 1:15-cv-02594-RWS Document 41-1 Filed 07/05/16 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CODE REVISION COMMISSION on
Behalf of and For the Benefit of the
GENERAL ASSEMBLY OF
GEORGIA and the STATE OF
GEORGIA,
Plaintiff,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant.

)
)
) CIVIL ACTION
)
) FILE NO. 1:15-CV-2594-RWS
)
)
)
)
)
)
)

DEFENDANT’S RESPONSE TO PLAINTIFF’S SUPPLEMENTAL
STATEMENT OF UNDISPUTED MATERIAL FACTS
Defendant Public.Resource.Org, Inc. hereby responds to Plaintiff Code
Revision Commission’s enumerated Supplemental Statement of Additional
Undisputed Material Facts (Dkt. 34-5):
1.

PR is paid in the form of grants and contributions. Ex. 1,

PRO000591.
RESPONSE:
Admitted.
2.
PR publishes “10 Rules for Radicals” that describes its copying and
distribution of documents and teaches others how to take actions similar to PR’s.
Ex. 1, PRO000571-PRO000602.

Case 1:15-cv-02594-RWS Document 41-1 Filed 07/05/16 Page 2 of 8

RESPONSE:
Admitted.
3.

PR discusses in “10 Rules for Radicals” its copying and distribution

of Oregon’s Revised Statutes, and Rule 9 specifically relates to PR’s experience in
this regard. Ex. 1, PRO000596- PRO000598.
RESPONSE:
Admitted.
4.

The annotation of the judicial decision Cho Carwash Property, LLC.

v. Everett (326 Ga. App. 6 (2014)) in West’s Georgia Code Annotated associated
with Georgia statute § 34-9-260 is as follows:
Some evidence supported ALJ's calculation that workers' compensation
claimant worked 38 hours per week when he was injured during
training and thus that claimant's average weekly wage was $323,
although claimant had worked only three days before being injured,
and although employer testified that claimant would have been placed
on part-time schedule once training had been completed; evidence
indicated that lube technicians, such as claimant, worked four days per
week, employer's business was open ten hours per day for six days of
the week, claimant was supposed to work from time that business
opened until it closed, and employees took 30-minute lunch.
Ga. Code Ann. § 34-9-260 ann. (West 2016).
RESPONSE:
Admitted.

2

Case 1:15-cv-02594-RWS Document 41-1 Filed 07/05/16 Page 3 of 8

5.

Although at least some of the O.C.G.A. volumes and supplements

purchased by Public Resource were available for purchase on compact disc (CD),
Public Resource purchased these volumes and supplements in paper form. Stip.
¶ 35.
RESPONSE:
Admitted.
6.

LexisNexis publishes and sells the O.C.G.A. as a printed publication,

on CD-ROM, and in an on-line version. Stip. ¶ 84.
RESPONSE:
Admitted.
7.

LexisNexis receives income from its sales of the O.C.G.A. Stip. ¶ 85.

RESPONSE:
Admitted.
8.

The annotation of the judicial decision Piedmont Newnan Hosp., Inc.

v. Barbour, 333 Ga. App. 620 (2015,), in the O.C.G.A. associated with Georgia
statute § 24-4-401 is as follows:
In a medical malpractice case, the trial court did not abuse its discretion
in allowing the jurors to touch plaintiff's hand to determine for
themselves if there was a detectable difference in the temperature of
each hand and which of the parties' experts was correct as to whether
plaintiff suffered from Complex Regional Pain Syndrome because the
jurors could utilize all their senses, not just hearing and eyesight, in
3

Case 1:15-cv-02594-RWS Document 41-1 Filed 07/05/16 Page 4 of 8

determining factual disputes put to them; the evidence was relevant; and
the trial court was not essentially allowing the jurors to make a medical
diagnosis as the touching of plaintiff's arm allowed the jurors to
determine whether the left arm was cooler than the right arm, and which
expert was more credible.
O.C.G.A. § 24-4-401 ann. (2015).
RESPONSE:
Admitted.
9.

The annotation of the judicial decision Piedmont Newnan Hosp., Inc.

v. Barbour, 333 Ga. App. 620 (2015), in West’s Georgia Code Annotated
associated with Georgia statute § 24-4-401 is as follows:
Evidence of difference in temperature between patient's two hands
was relevant to experts' contested diagnosis of whether patient
suffered from complex regional pain syndrome (CRPS), in medical
malpractice action against hospital in which patient alleged that
hospital failed to ensure intravenous (IV) needle was correctly
installed and properly functioning prior to heart stress test, thus
causing infiltration of nuclear tracer material in his arm and
development of CRPS.
Ga. Code Ann. § 24-4-401 ann. (West 2016).
RESPONSE:
Admitted.
10.

PR created, uploaded to its website at

https://law.resource.org, and distributes, an XML-encoded version of the
O.C.G.A. Ex. 2, PRO000633– PRO000635, PRO000654.
4

4

Case 1:15-cv-02594-RWS Document 41-1 Filed 07/05/16 Page 5 of 8

RESPONSE:
Admitted.
11.

PR’s XML-encoded version of Title 1 of the O.C.G.A. is

available at
https://law.resource.org/pub/us/code/ga/georgia.xml.2014/TITLE%201.%
20GENERAL%20PROVISIONS.xml. Ex. 2, PRO000634. Exhibit 3 is a
true and accurate reproduction of the XML-encoded version of this file.
Ex. 3.
RESPONSE:
Admitted.
12.

PR’s XML-encoded version of O.C.G.A. Title 1 does not include any

annotations. For example, O.C.G.A. § 1-1-1 contains an annotation of the
judicial decision Georgia ex rel. Gen Assy’y v. Harrison Co., 548 F. Supp. 110
(N.D. Ga. 1982), while PR’s XML-encoded version of that statute includes no
annotations other than the revision history. Ex 3, at 1.
RESPONSE:
Admitted.

5

Case 1:15-cv-02594-RWS Document 41-1 Filed 07/05/16 Page 6 of 8

Respectfully submitted this 5th day of July, 2016.

By: /s/ Elizabeth H. Rader
Jason D. Rosenberg
Georgia Bar No. 510855
[e-mail]
Sarah P. LaFantano
Georgia Bar No. 734610
[e-mail]
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Telephone [phone]
Fax [phone]
Elizabeth H. Rader
Admitted pro hac vice
[e-mail]
ALSTON & BIRD LLP
950 F Street, NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant

6

Case 1:15-cv-02594-RWS Document 41-1 Filed 07/05/16 Page 7 of 8

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CODE REVISION COMMISSION on
Behalf of and For the Benefit of the
GENERAL ASSEMBLY OF
GEORGIA and the STATE OF
GEORGIA,
Plaintiff,
v.
PUBLIC.RESOURCE.ORG, INC.,

)
)
) CIVIL ACTION
)
) FILE NO. 1:15-CV-2594-RWS
)
)
)
)
)

Defendant.
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Defendant’s Response to Plaintiff’s
Supplemental Statement of Undisputed Material Facts was electronically filed
with Clerk of Court using the CM/ECF system which will automatically send
notification of such filing to all attorneys of record.

/s/ Sarah P. LaFantano
Sarah Parker LaFantano
Georgia Bar No. 734610

Case 1:15-cv-02594-RWS Document 41-1 Filed 07/05/16 Page 8 of 8

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CODE REVISION COMMISSION on
Behalf of and For the Benefit of the
GENERAL ASSEMBLY OF
GEORGIA and the STATE OF
GEORGIA,
Plaintiff,
v.
PUBLIC.RESOURCE.ORG, INC.,

)
)
) CIVIL ACTION
)
) FILE NO. 1:15-CV-2594-RWS
)
)
)
)
)

Defendant.
CERTIFICATE OF COMPLIANCE

I hereby certify that, pursuant to L.R. 5.1C and 7.1D of the Northern
District of Georgia, the foregoing Defendant’s Response to Plaintiff’s
Supplemental Statement of Undisputed Material Facts complies with the font
and point selections approved by the Court in L.R. 5.1C. The foregoing pleading
was prepared on a computer using 14-point Times New Roman font.

/s/ Sarah P. LaFantano
Sarah Parker LaFantano
Georgia Bar No. 734610