`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`v.
`
`
`
`
`
`
` C.A. No. 1:18-cv-01519-MN
`
`
`
`
`FINJAN, INC., a Delaware Corporation,
`
` Plaintiff,
`
`
`
`RAPID7, INC., a Delaware Corporation
`and RAPID7 LLC, a Delaware Limited
`Liability Company,
`
`
`
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME
`
`Plaintiff Finjan, Inc. and Defendants Rapid7, Inc. and Rapid7 LLC (collectively, “the
`
`Parties”), by and through their undersigned counsel, and subject to the approval of the Court,
`
`hereby stipulate and agree to extend certain case deadlines, as indicated below.
`
`The COVID-19 pandemic and resulting shelter in place laws have created further
`
`substantial impediments to the ability of the Parties and their experts to complete expert reports on
`
`the current schedule. This includes the inability for experts to travel to access Defendants’ source
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`code, as Defendants’ facilities are currently closed through June 1, 2020.
`
`The proposed deadlines do not impact the Court’s set dates for the submission of summary
`
`judgment briefing, the pre-trial conference, and trial.
`
`Deadline
`Opening/Burden of Proof Expert
`Reports
`Rebuttal Expert Reports
`Reply Expert Reports
`Close of expert discovery
`Opening letter briefs seeking
`permission to file summary judgment
`motions
`
`Current Date
`5/22/20
`6/26/20
`7/31/20
`8/28/20
`
`Proposed Date
`6/15/20
`7/17/20
`8/10/20
`9/1/20
`
`9/3/20
`
`9/4/20
`
`
`
`Case 1:18-cv-01519-MN Document 138 Filed 05/13/20 Page 2 of 3 PageID #: 6144
`
`Deadline
`Answering letter briefs regarding
`requests to file motions for summary
`judgment
`Case Dispositive Motions (if
`permitted) and Daubert Motions
`Joint Proposed final pretrial order
`
`Pre-trial Conference
`
`Trial – 6-day Jury
`
`
`
`Proposed Date
`Current Date
`7 days after
`7 days after
`opening letter
`opening letter brief
`brief
`9/25/20
`(unchanged)
`2/1/21
`(unchanged)
`2/08/21 – 2 PM
`(unchanged)
`2/22/21 – 9:30 AM
`(unchanged)
`
`Prior to filing any summary judgment motion, the parties must submit letter briefs seeking
`
`permission to file the motion. Opening letter briefs shall be no longer than five (5) pages and shall
`
`be filed with the Court no earlier than September 4, 2020. Answering letter briefs shall be no
`
`longer than five (5) pages and shall be filed with the Court no more than seven (7) days after the
`
`Opening Letter Brief. No replies shall be filed. Unless the Court grants leave for additional letters
`
`to be filed, each side shall present all grounds on which it seeks permission to file for summary
`
`judgment in its single opening letter brief.
`
`
`
`
`
`[SIGNATURE PAGE FOLLOWS.]
`
`
`
`2
`
`
`
`Case 1:18-cv-01519-MN Document 138 Filed 05/13/20 Page 3 of 3 PageID #: 6145
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`DUANE MORRIS LLP
`
`
`
`
`
`/s/ Richard L. Renck
`Richard L. Renck (I.D. No. 3893)
`222 Delaware Avenue, Suite 1600
`Wilmington, DE 19801
`Tel.: (302) 657-4900
`rlrenck@duanemorris.com
`
`Counsel for Defendants
`Rapid7, Inc. and Rapid7 LLC
`
`
`POTTER ANDERSON
` & CORROON, LLP
`
`
` /s/ Jonathan A. Choa
`Philip A. Rovner (I.D. No. 3215)
`Jonathan A. Choa (I.D. No. 5319)
`1313 N. Market St., 6th Floor
`Wilmington, DE 19899-0951
`Tel.: (302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`Counsel for Plaintiff
`Finjan, Inc.
`
`
`
`Dated: May 13, 2020
`
`
`SO ORDERED, this day of May, 2020.
`
`
`
`__________________________________
`United States District Judge
`
`3
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`
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