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