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Subject: Fwd: RE: Pro Bono Counsel for Open Mobility Foundation as Amicus in Sanchez


Forwarding this to the OODF "managers" list just so we have it archived in a stable place. Apologies for any duplication. J
James Bryce Clark, General Counsel, OASIS Open, setting the standard for open collaborationÂ


---------- Forwarded message ---------
From: Jascha Franklin-Hodge <jascha@openmobilityfoundation.org>
Date: Tue, Sep 28, 2021 at 6:56 AM
Subject: Re: RE: Pro Bono Counsel for Open Mobility Foundation as Amicus in Sanchez
To: Jamie Clark <jamie.clark@oasis-open.org>
Cc: Scott McGrath <scott.mcgrath@oasis-open.org>, Cathie Mayo <cathie.mayo@oasis-open.org>, Guy Martin <guy.martin@oasis-open.org>


Thanks, Jamie. Very helpful. We will proceed as advised.

Jascha Franklin-Hodge
Executive Director




On Mon, Sep 27, 2021 at 11:19 PM, Jamie Clark <jamie.clark@oasis-open.org> wrote:
Dear Jascha and Scott:Â
 Scott asked me to give this a quick read. I don't see any problems with the engagement as written, provided that you keep the following in mind.Â
  • OMF has a longer, awkward formal legal name as you know, as a series within an LLC. But given that OMF is an amicus, not a party in interest, it seems to me that just calling it "Open Mobility Foundation" in most cases is simpler, clearer, and not misleading.
    • Also true when you identify OMF as the amicus party. However, if the amicus brief has a preliminary paragraph declaring the interest of the filer, and precisely describing OMF ("The Open Mobility Foundation is a ..."), consider writing carefully so that it's fully legally accurate. For example, maybe "OMF is a nonprofit 501(c)(3) foundation organized as a series of a California LLC, for the purposes of bla bla bla."
    • Also, if you needed to sign binding affidavits as OMF, or enter into binding money contracts (both of which seem unlikely), definitely give thought to using the series' official full legal name.Â
  • If not already done (and with apologies, we don't regularly surveill minutes, so I wouldn't know), we recommend that you advise your Board in writing of the pro bono engagement, or just share the engagement letter with them. This will give them their oversight opportunity to ask any questions Given that your Board is just cities, and that Board correspondence on legal matters can be confidential, it's unlikely you would be giving away much to do so.Â
Cordially and best of luck with this ÂÂ Jamie

On Mon, Sep 27, 2021 at 1:31 PM Scott McGrath <scott.mcgrath@oasis-open.org> wrote:

---------- Forwarded message ---------
From: Jascha Franklin-Hodge <jascha@openmobilityfoundation.org>
Date: Fri, Sep 24, 2021 at 8:55 AM
Subject: Fwd: RE: Pro Bono Counsel for Open Mobility Foundation as Amicus in Sanchez
To: Scott McGrath <scott.mcgrath@oasis-open.org>, Cathie Mayo <cathie.mayo@oasis-open.org>

Hi, Scott and Cathie:

We are working with a law firm to file a pro bono amicus brief on behalf of the OMF in a case related to the Mobility Data Specification. They have sent the attached engagement letter. It's very straightforward and there's no money involved, but I still wanted to run it by you before we signed.

Let me know if you have any questions/concerns, or if it's OK to proceed.

Thanks,

Jascha Franklin-Hodge
Executive Director




---------- Forwarded message ----------
From: Alana Rotter <arotter@gmsr.com>
Date: Thursday, September 23 2021 at 7:03 PM EDT
Subject: RE: Pro Bono Counsel for Open Mobility Foundation as Amicus in Sanchez
To: Jascha Franklin-Hodge <jascha@openmobilityfoundation.org>
Cc: Nadia Sarkis <nsarkis@gmsr.com>

Great. My colleague Nadia Sarkis will likely join the conversation as well, since sheâll be working with me on the brief. Â

Â

In the meantime, Iâm attaching an engagement letter for this project. Please review it, let me know if you have any questions, and if not, sign and return it to me (PDF is fine).

Â

Â

From: Jascha Franklin-Hodge <jascha@openmobilityfoundation.org>
Sent: Thursday, September 23, 2021 9:56 AM
To: Alana Rotter <arotter@gmsr.com>
Subject: RE: Pro Bono Counsel for Open Mobility Foundation as Amicus in Sanchez

Â

That's perfect. Just sent an invite with a zoom link. Talk with you tomorrow.

Â

Jascha Franklin-Hodge

Executive Director

Â

Â

Â

On Thu, Sep 23, 2021 at 11:05 AM, Alana Rotter <arotter@gmsr.com> wrote:

Nice to meet you too, and thanks for the holiday wishes. Letâs do Friday, 9/24 at 1 pm PT if that still works for you. Do you prefer zoom or phone?

Â

From: Jascha Franklin-Hodge <jascha@openmobilityfoundation.org>
Sent: Tuesday, September 21, 2021 8:48 AM
To: Alana Rotter <
arotter@gmsr.com>
Subject: Re: Pro Bono Counsel for Open Mobility Foundation as Amicus in Sanchez

Â

Thanks, Seleta and Jonathan (to BCC).

Â

And great to meet you, Alana. I appreciate your willingness to support us in this work. When you're back in the office, let's find a time to connect. Some times that would work for me:

Â

FridayÂ9/24: 1pm PT

TuesdayÂ9/28: 1pm PT

WednesdayÂ9/29: 8am-10:30am or 1pm PT

Â

Let me know if any of these are good for you.

Â

Chag sameach,

Â

Jascha Franklin-Hodge

Executive Director

Â

Â

Â

On Mon, Sep 20, 2021 at 8:59 PM, Seleta Reynolds <seleta.reynolds@lacity.org> wrote:

Thank you, Jonathan!

Â

Alana, itâs a pleasure to meet you virtually. I am looping in the OMFâs Executive Director, Jascha Franklin-Hodge. We are at your disposal and grateful for your assistance.

Â

- Seleta

Seleta Reynolds

General Manager

Los Angeles Department of Transportation

213.972.8480

Â

Sent from my mobile device. Please forgive brevity and typos.

Â

Â

On Sep 20, 2021, at 5:56 PM, Jonathan Eisenman <jonathan.eisenman@lacity.org> wrote:

ï

Hi Seleta,

Â

My former private-practice colleague Alana RotterÂhas agreed to lead a team at Greines, Martin, Stein & Richland to take on the Open Mobility Foundation'sÂamicus brief in Sanchez. Alana is among the most insightful people with whom I've worked in my legal career. I've copied her here by way of introduction. She's celebrating a holiday on Tuesday and Wednesday of this week, but should be available after that to discuss the project. Â

Â

Whether you need or would like my participation in that conversation I'll leave to you and Alana--with the caveat that I have only high-level thoughts to share (and I've already shared them with you).

Â

As a reminder, the City's brief is due on October 22, and I will hold it to file until at leastÂthen (i.e., I won't file it early, and could seek an extension). Any amicus briefs supporting the City must be filed by "no later than 7 days after" the City's brief. I expect that Sanchez will consent to their filing, since we consented to the filing of all of the briefs supporting Sanchez as a routine courtesy.

Â

Jonathan H. Eisenman

Deputy City Attorney | City of Los Angeles

Â


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