Case 1:18-cv-01519-MN Document 167 Filed 07/08/20 Page 1 of 4 PageID #: 6540
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ORDER APPOINTING SPECIAL MASTER
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`WHEREAS, by Order dated December 4, 2014, the Court revised the scope and
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`FINJAN, INC.,
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`RAPID7, INC., et al.,
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`C.A. No. 18-1519 (MN)
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`Plaintiff,
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`Defendants.
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`administration of the Special Master Panel for complex cases;
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`WHEREAS, consistent with the goals and needs expressed in the referenced Order, the
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`Court concludes that the appointment of a Special Master is warranted in the above-captioned case;
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`and
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`WHEREAS, on July 2, 2020, the Court entered an Order referring this case to the Clerk of
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`Court for the assignment of a Special Master for the purposes of deciding the two pending
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`discovery disputes1 and any future discovery disputes (D.I. 164).
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`NOW THEREFORE, this 8th day of July 2020, IT IS HEREBY ORDERED that:
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`1.
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`Appointment of Special Master. Chad S.C. Stover, Esquire, is appointed as
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`Special Master to manage discovery.
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`2.
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`Discovery. As required by Rule 53(b)(2) of the Federal Rules of Civil Procedure,
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`Mr. Stover shall proceed with all reasonable diligence and, as provided by Rule 53(c), shall have
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`the authority to regulate all proceedings and take all measures necessary to address issues relating
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`See D.I. 135-137, 152, 160-161, 163.
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`1
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`Case 1:18-cv-01519-MN Document 167 Filed 07/08/20 Page 2 of 4 PageID #: 6541
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`to the parties’ discovery disputes, including the existing discovery disputes (see footnote 1) and
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`rule on same.
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`3.
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`Discovery disputes. Mr. Stover shall, after consulting with the parties, establish
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`procedures for the handling of discovery disputes. He shall have the duty and authority to:
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`(1) require the submission of reports, (2) set teleconferences, and (3) hold hearings in order to
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`determine the status of issues relating to discovery and to issue orders requiring the parties to
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`adhere to case management dates set by the Court. He shall hear, resolve and make rulings on all
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`disputes regarding discovery and, when appropriate, enter orders setting forth his rulings.
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`a. With respect to discovery motions,2 all such motions (but not the related
`briefing) shall be filed with the Court.
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`b. With respect to hearings and conferences, they shall be held in this District’s
`Courthouse or other appropriate place arranged by Mr. Stover or by the
`parties, with the approval of Mr. Stover. If the Courthouse is used,
`Mr. Stover shall arrange for a courtroom through the Clerk’s Office by
`contacting Beth Mason at 302-573-6170.
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`c.
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`Absent agreement among the parties, all hearings shall be transcribed by a
`certified court reporter. Mr. Stover may arrange for a court reporter through
`Dale Hawkins at 302-450-6913 and who shall be given one week’s notice
`of any scheduled hearings absent emergency circumstances. Absent an
`order by Mr. Stover, the parties shall bear equally the costs of the court
`reporter and transcript.
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`d. Mr. Stover shall preserve all materials he receives or prepares in connection
`with any dispute regarding discovery. He shall not be required to file any
`such materials with the Court, unless directed to do so by the Court, except
`that the following shall be filed: (1) any transcripts that contain his rulings
`from the bench; (2) orders entered setting forth his rulings; and (3) any
`opinions prepared supporting his rulings. Mr. Stover shall email all such
`papers to this Court’s Judicial Administrator in PDF format ready to be
`docketed. Chambers staff will docket the papers.
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`Only the formal motion itself must be docketed with the Court. All other discovery
`materials should be lodged only with Mr. Stover consistent with ¶ 6 infra.
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`2
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`2
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`Case 1:18-cv-01519-MN Document 167 Filed 07/08/20 Page 3 of 4 PageID #: 6542
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`4.
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`Ex parte communications. Mr. Stover shall not communicate ex parte with a party
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`without the consent of all parties. He may communicate ex parte with the Court.
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`5.
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`Confidential information. Mr. Stover may have access to trade secrets,
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`proprietary information or other confidential information in this action including, but not limited
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`to, information which may be subject to a protective order. Mr. Stover and other persons assisting
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`him shall preserve and protect the confidentiality of all such information and, if required to file
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`any orders, findings, opinions or materials that contain or make reference to any such information
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`(including, but not limited to, information designated “Confidential,” “For Attorneys Eyes Only”),
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`he shall bring such documents to the attention of Chambers’ staff so that they may be filed under
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`seal.
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`6.
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`Appeals. Mr. Stover’s rulings shall be subject to review by the Court, consistent
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`with Rule 53(f). In this regard, unless otherwise ordered:
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`(a)
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`(b)
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`(c)
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`(d)
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`the parties may serve, file and docket with the Court specific written
`objections (and responses thereto) to any of Mr. Stover’s rulings;3
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`the objections shall be filed no later than twenty-one (21) days after being
`served with a copy of the ruling, and the responses thereto shall be filed
`within ten (10) days after being served with a copy of the objections;
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`the objections and responses to the objections are limited to ten (10) pages
`each; and
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`the parties must serve, file and docket with the Court (as well as provide
`to the Judge to whom the case is assigned a courtesy copy of) any relevant
`portion of the record made before Mr. Stover which pertains specifically to
`the objections.4
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`Counsel shall docket using the “objections” and “response to objections” docket events.
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`Counsel shall docket separately as an appendix using the “appendix” docket event.
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`3
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` 4
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`Case 1:18-cv-01519-MN Document 167 Filed 07/08/20 Page 4 of 4 PageID #: 6543
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`7.
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`Compensation. Mr. Stover shall be compensated for his services at his usual
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`hourly rate. Others assisting him shall be compensated at their usual hourly rates. Mr. Stover shall
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`send itemized statements for services and expenses directly to counsel for the parties on a monthly
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`basis, and shall receive payment directly from counsel for the parties in a timely fashion. The
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`compensation and expenses of Mr. Stover shall, unless otherwise ordered, be shared equally by
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`the parties (that is, 50% by Plaintiff(s) and 50% by Defendant(s)). In this regard, if (in Mr. Stover’s
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`opinion) a party engages in behavior which occasions the waste of his time and resources, or
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`otherwise hinders the efficient resolution of matters before him, that party may be apportioned all
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`or a larger portion of Mr. Stover’s compensation, costs, and expenses. Any objections or disputes
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`as to Mr. Stover’s compensation, costs, and/or expenses shall be presented to the Court in a timely
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`application.
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`The Honorable Maryellen Noreika
`United States District Judge
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`4
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