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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`FINJAN, INC.,
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`RAPID7, INC., et al.,
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`v.
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`Plaintiff,
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`Defendants.
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`SPECIAL MASTER ORDER #1
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`C.A. No. 18-1519-MN
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`Having conducted a preliminary teleconference with the parties on July 14, 2020
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`regarding discovery disputes, the Special Master orders as follows:
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`(1)
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`The Court cited two discovery disputes in its July 2, 2020 Order (D.I. 164). In a
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`supplemental status report (D.I. 168) and on the teleconference with the Special Master, the
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`parties confirmed that Defendants (“Rapid7”) have withdrawn their motion to compel associated
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`with docket entries 135-137 and 152. The Special Master, therefore, will not hold a hearing on
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`that dispute.
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`(2)
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`A discovery dispute remains as to what the parties have called the “IBM
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`Documents.” See D.I. 160-161 and 163. This dispute concerns, among other things, a right of
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`confidentiality asserted by IBM. Because IBM asserts a right of confidentiality, the Special
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`Master believes, and the parties do not seriously dispute, that IBM should be heard on this issue.
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`Accordingly, the Special Master sets the following schedule for resolution of this dispute:
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`a. IBM may submit a letter brief of no more than three pages. IBM’s letter brief
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`shall be emailed to the Special Master (chad.stover@btlaw.com) and all counsel
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`Case 1:18-cv-01519-MN Document 169 Filed 07/15/20 Page 2 of 3 PageID #: 6548
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`of record no later than 6 p.m. Eastern on July 21, 2020. The letter brief should be
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`emailed only, not filed on the docket.
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`b. Rapid7, the movant, may file a reply letter brief of no more than two pages.
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`Rapid7’s letter brief shall be emailed to the Special Master, all counsel of record,
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`and IBM’s counsel no later than 6 p.m. Eastern on July 23, 2020. The letter brief
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`should be emailed only, not filed on the docket.
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`c. The Special Master will hold a hearing on this matter on July 27, 2020 at 3 p.m.
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`The hearing shall be held via WebEx videoconference. The Special Master will
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`provide a link to counsel for the videoconference hearing. A court reporter will
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`be present.
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`d. Counsel for Finjan, Inc. (“Finjan”) shall provide a copy of this order and a copy
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`of the letter briefing on this dispute to IBM’s counsel who participated in the meet
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`and confer discussions leading up to this motion. If there are any confidentiality
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`concerns with IBM’s access to the letter briefing, counsel shall discuss such
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`concerns and bring any disputes to the Special Master.
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`e. Counsel for Finjan shall provide the names and contact information (including
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`email addresses) for IBM’s counsel to the Special Master and opposing counsel.
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`(3)
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`Pursuant to the Order Appointing Special Master (D.I. 167 at ¶ 3a), by 6 p.m. on
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`July 17, 2020, movant Rapid7 shall file a formal motion to compel the IBM Documents on the
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`docket. This motion should be no more than one page. Rapid7 shall attach a proposed order to
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`the motion setting forth the precise relief sought. Rapid7 shall email a copy of this motion and
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`proposed order to opposing counsel, IBM’s counsel, and the Special Master.
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`2
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`Case 1:18-cv-01519-MN Document 169 Filed 07/15/20 Page 3 of 3 PageID #: 6549
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`IT IS SO ORDERED.
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`Dated: July 15, 2020
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`Special Master Chad S.C. Stover
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`3
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