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`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`Case No. 17-cv-0183 CAB (BGS)
`
`ORDER GRANTING IN PART THE
`PARTIES’ JOINT MOTION TO
`AMEND CASE SCHEDULE
`
`
`[ECF 850]
`
`
`FINJAN LLC,
` Plaintiffs,
`
`v.
`
`
`ESET, LLC and ESET SPOL. S.R.O.,
`
`
`
` Defendants.
`
`
`
`AND RELATED COUNTERCLAIMS
`
`
`
`
`On January 13, 2021, the parties filed a Joint Motion seeking to extend fact
`and expert discovery deadlines as to the ‘305 Patent. (ECF 850.) They seek to
`extend fact discovery by 72 days, opening and rebuttal expert reports by
`approximately three months, and the close of expert discovery by more than four
`
`Case No. 17-cv-0183 CAB (BGS)
`
`
`
`Case 3:17-cv-00183-CAB-BGS Document 852 Filed 01/28/21 PageID.40532 Page 2 of 2
`
`
`
`months. As a basis for these extensions, the declaration provided by Finjan’s
`counsel indicates that its expert is currently unable to work because the expert is
`suffering from illness caused by Covid-19. Additionally, the declaration provided
`indicates that the conditions related to Covid-19 in Slovakia have deteriorated
`significantly over the past several weeks and this impacts Eset’s witness’s ability to
`participate in this case.
`The parties’ Joint Motion and declaration provide good cause for some
`extension of these dates. However, the lengthy extensions requested are not
`justified.1 The Court HEREBY GRANTS in part the Parties’ Joint Motion to
`Amend the Scheduling Order as follows:
`Event
`Current Deadline
`Close of fact discovery:
`January 20, 2021
`Opening expert reports:
`February 8, 2021
`Rebuttal expert reports:
`February 26, 2021
`Close of expert discovery: March 12, 2021
`
`Amended Deadline
`February 22, 2021
`March 25, 2021
`April 12, 2021
`April 30, 2021
`
`
`IT IS SO ORDERED.
`
`
`
`
`
`
`Dated: January 28, 2021
`
`
`
`
`
`
`
`
`
` This does not preclude the parties from seeking further extensions if circumstances
`warrant. However, any future joint motions should provide more specificity as to
`what activities they are precluded from conducting based on Covid-19 or other
`circumstances and strictly comply with the undersigned’s Chambers Rules in
`identifying what ‘305 discovery has been completed, what remains, and why the
`remaining discovery cannot be completed by the existing deadline. (Judge Skomal’s
`Chambers Rules III.C.)
`
` 1
`
`Case No. 17-cv-0183 CAB (BGS)
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