IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
`
`OXYGENATOR WATER
`TECHNOLOGIES, INC.,
`
`Plaintiff,
`
`v.
`
`TENNANT COMPANY,
`
`Defendant.
`
`Civil Action No. 0:20-cv-00358 ECT/HB
`
`Jury Trial Demanded
`
`DECLARATION OF SHEILA HATCHELL
`
`))
`
` ss
`)
`
`STATE OF MINNESOTA
`
`COUNTY OF RAMSEY
`
`1.
`
`I am the Library Director for the Minnesota Department of Transportation
`
`(“MnDOT”). I have held this position since mid-December, 2007. In this position, I am
`
`responsible for the overall operations of the library including staffing, budget, space,
`
`leadership and strategic planning.
`
`2.
`
`My educational background is a master’s degree in Library and Information
`
`Science from Dominican University.
`
`3.
`
`MnDOT maintains a physical library in MnDOT’s Central Office Building,
`
`located at 395 John Ireland Boulevard, St. Paul, Minnesota 55155. The catalog includes
`
`significant collections in civil and transportation engineering, planning, leadership,
`
`1
`
`Tennant Company
`Exhibit 1045
`
`
`FOR THE DISTRICT OF MINNESOTA
`
`OXYGENATOR WATER
`TECHNOLOGIES, INC.,
`
`Plaintiff,
`
`v.
`
`TENNANT COMPANY,
`
`Defendant.
`
`Civil Action No. 0:20-cv-00358 ECT/HB
`
`Jury Trial Demanded
`
`DECLARATION OF SHEILA HATCHELL
`
`))
`
` ss
`)
`
`STATE OF MINNESOTA
`
`COUNTY OF RAMSEY
`
`1.
`
`I am the Library Director for the Minnesota Department of Transportation
`
`(“MnDOT”). I have held this position since mid-December, 2007. In this position, I am
`
`responsible for the overall operations of the library including staffing, budget, space,
`
`leadership and strategic planning.
`
`2.
`
`My educational background is a master’s degree in Library and Information
`
`Science from Dominican University.
`
`3.
`
`MnDOT maintains a physical library in MnDOT’s Central Office Building,
`
`located at 395 John Ireland Boulevard, St. Paul, Minnesota 55155. The catalog includes
`
`significant collections in civil and transportation engineering, planning, leadership,
`
`1
`
`Tennant Company
`Exhibit 1045
`
`
`
`management, and diversity and inclusion.
`
`4.
`
`5.
`
`All titles in the library are publicly available.
`
`MnDOT’s catalog of titles is available online at
`
`http://www.dot.state.mn.us/library/ . The public version of the catalog is known to library
`
`staff as Primo. The online Primo catalog is available to MnDOT staff as well as the general
`
`public. A google-type search is available as well as more advanced searching capabilities
`
`that allow for combining terms such as title, author, subject, publication date, and format. A
`
`search in the catalog produces either a direct hit on a title or a list of related titles. The client
`
`or working side of the catalog is known to library staff as Alma. The information
`
`maintained in individual catalog records includes the date on which the library cataloged any
`
`particular title and is viewable through the Alma client.
`
`6.
`
`When a new title is added to the library catalog, an electronic catalog record is
`
`created using a coding system known as MARC – MAchine Readable Cataloging. The
`
`“005” field in the MARC bibliographic record is automatically populated with the date and
`
`time on which the title was added to the catalog. The first seven characters of MARC
`
`bibliographic field 005 represent the date on which a title is added to the catalog. The first
`
`four characters reflect the year, the next two characters reflect the month, and the next two
`
`characters reflect the day. An explanation of all of the characters in the MARC
`
`bibliographic field 005 can be found in Exhibit B.
`
`7.
`
`On December 15th, 2020, I received a request via our reference tracking system
`
`(RefTracker) from Janelle K. Beitz of the law firm of FREDRIKSON & BYRON, P.A.
`
`requesting a declaration or similar document stating that, prior to 2003, MnDOT’s library
`
`catalog included a publicly available copy of Burns, Susan E., Yiacouomi, Satira, Frost, J.
`2
`
`
`
`David, and Tsouris, Costas, Application of Digital Image Analysis for Size Distribution
`
`Measurements of Microbubbles (hereinafter the “Article”). A true and correct copy of Ms.
`
`Beitz’s request is attached hereto as Exhibit A. Ms. Beitz had previously requested the title
`
`page, table of contents, and copyright page for a conference proceedings entitled Imaging
`
`Technologies: Techniques and Applications in Civil Engineering: Proceedings of the Second
`
`International Conference, Cresta Sun Hotel, Davos, Switzerland, May 25-30, 1997 (the
`
`“Conference Materials”).
`
`8.
`
`In response to Ms. Beitz’s request of December 15, 2020, I accessed
`
`MnDOT’s online Alma client of the catalog and verified that MnDOT’s library catalog
`
`includes a copy of the Conference Materials.
`
`9.
`
`I further verified that the Conference Materials include the Article by locating
`
`the Article title in the table of contents and verifying that the Article was included therein.
`
`Field 005 in the MARC bibliographic record for the Conference Materials contains the data
`
`20000310092336.0. As described above in paragraph 6, the data in field 005 indicates that
`
`the Conference Materials have been included in MnDOT’s library catalog since March 10,
`
`2000. A true and correct copy of a print-out of the MARC bibliographic field 005 record for
`
`the Conference Materials in Alma is attached hereto as Exhibit C.
`
`10. MnDOT’s online catalog does not contain a separate electronic catalog record
`
`for the Article. MnDOT’s online catalog includes only an electronic catalog record for the
`
`Conference Materials. To find the Article in MnDOT’s online catalog, one must search
`
`Primo for the Conference Materials. A search in Primo for the Article itself will not return
`
`any results for the Article.
`
`11.
`
`Since the Conference Materials were added to MnDOT’s catalog, the catalog
`3
`
`
`
`has twice been migrated to a new system. To the best of my knowledge and understanding,
`
`the MARC fields in the Conference Materials’ record, including the MARC bibliographic
`
`field 005 migrated properly to the new systems.
`
`12.
`
`The Conference Materials continue to be publicly available today.
`
`13. Members of the public may identify that the Conference Materials are included
`
`in MnDOT’s library catalog by either searching the catalog or contacting the library for
`
`assistance. Members of the public may check-out the Conference Materials by registering
`
`with the library, which requires a valid driver’s license or ID card, or making an interlibrary
`
`loan request through their local public library.
`
`14.
`
`Neither MnDOT nor I take any position on the merits of the above-captioned
`
`action.
`
`15.
`
`All statements made in this declaration are true and correct and are based upon
`
`my personal knowledge.
`
`Sheila Hatchell Digitally signed by Sheila Hatchell
`Date: 2021.02.25 08:38:59 -06'00'
`_________________________________________
`
`Sheila Hatchell
`
`Library Director
`
`Minnesota Department of Transportation
`
`4
`
`
`
`Exhibit A
`
`
`
`rams-'2 Bert;
`
`Reopen requested {requester}
`Mere Fnln requesl
`
`
`
`en‘
`
`C‘ :c-P’eof‘
`
`
`
`
`
`Janelle K. Eeilx, J'..D., M.L.L5. | Research Librarian
`Fredw'kson ék Bymrr PA
`200 South Sixth Street Suite 4000 \ Marmespolfs. Minnmom 55402
`WELT: 6724927563 \ Faxr 6i2r492.7077\ 'fietrzfi r‘rs
`
`
`
`
`
`
`
`
`
`
`
`Exhibit B: Explanation of coding of the MARC Bibliographic 005 field
`https://www.loc.gov/marc/bibliographic/bd005.html
`
`
`
`
`
`Exhibit C: MARC Bibliographic 005 field for MnDOT Library’s record of Imaging Technologies
`
`
`
`
`
`
`
`
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