Case No. 5:17-cv-00072-BLF-SVK

PLAINTIFF FINJAN, INC.’S UNOPPOSED ADMINISTRATIVE MOTION TO CHANGE 

TIME PURSUANT TO LR 6-3(a)

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Juanita R. Brooks (CA SBN 75934) brooks@fr.com

Roger A. Denning (CA SBN 228998) denning@fr.com

Frank J. Albert (CA SBN 247741) albert@fr.com

Megan A. Chacon (CA SBN 304912) chacon@fr.com

K. Nicole Williams (CA SBN 291900) nwilliams@fr.com

Oliver J. Richards (CA SBN 310972) ojr@fr.com

Jared A. Smith (CA SBN 306576) jasmith@fr.com 

Tucker N. Terhufen (CA SBN 311038) terhufen@fr.com

FISH & RICHARDSON P.C.

12390 El Camino Real, Suite 100

San Diego, CA 92130

Telephone: (858) 678-5070 / Fax: (858) 678-5099

Aamir Kazi (Admitted Pro Hac Vice) kazi@fr.com

Alana C. Mannige (CA SBN 313341) mannige@fr.com

FISH & RICHARDSON P.C.

1180 Peachtree Street NE, 21st Floor

Atlanta, GA 30309

Telephone: (404) 892-5005 / Fax: (404) 892-5002

Attorneys for Plaintiff

FINJAN, INC.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

FINJAN, INC., a Delaware Corporation,

 Plaintiff,

v.

CISCO SYSTEMS, INC., a California 

Corporation, 

 Defendant.

Case No. 5:17-cv-00072-BLF-SVK

PLAINTIFF FINJAN, INC.’S UNOPPOSED 

ADMINISTRATIVE MOTION TO CHANGE 

TIME PURSUANT TO LR 6-3(a)

Hon. Beth Labson Freeman

Ctrm: 3, 5th Floor

Case 5:17-cv-00072-BLF Document 629 Filed 05/15/20 Page 1 of 5
1 Case No. 5:17-cv-00072-BLF-SVK

PLAINTIFF FINJAN, INC.’S UNOPPOSED ADMINISTRATIVE MOTION TO CHANGE TIME 

PURSUANT TO LR 6-3(a)

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I. INTRODUCTION

Plaintiff Finjan, Inc. (“Finjan”), having reviewed and complied with Civil Local Rule 6-3, 

hereby moves the Court for an order expediting the time for the Court to hear Finjan’s Motion for 

Leave to Supplement Its Exhibit List (“Motion for Leave”) (Dkt No. 628). Finjan respectfully 

requests that the Court hear Finjan’s Motion for Leave, if it deems necessary, on June 11, 2020, 

June 18, 2020, or at some other time prior to the commencement of trial on June 22, 2020 that the 

Court deems appropriate. Filed concurrently herewith and pursuant to Civil Local Rule 6-3(a)(1)-

(6) is the Declaration of Megan A. Chacon in Support of Plaintiff Finjan, Inc.’s Unopposed 

Administrative Motion to Change Time Pursuant to Civil L.R. 6-3(a) (“Chacon Declaration”) and 

a proposed order. Cisco does not oppose the instant motion. See Dkt No.628-2 at 1.

II. ARGUMENT

A. Legal Standard

Civil Local Rule 6-3 sets forth specific requirements for a motion to change time. The

moving party must file three documents: (1) a motion of no more than five pages; (2) a proposed

order; and (3) a declaration. Civ. L.R. 6-3(a). The declaration must set forth “with particularity”

the reasons for the requested enlargement of time, the efforts to obtain a stipulated time change,

“the substantial harm or prejudice that would occur if the Court did not change the time,” any prior

time modifications in the case, and the effect of the modification on the case schedule. Civ. L.R. 6-

3(a)(1)-(6). Courts in this District have considered the timing of trial in finding good cause for 

expediting consideration of certain motions. See, e.g., Fujitsu Ltd. v. Belkin Intern., Inc., No. 10-

cv-03972-LHK, 2012 WL 6096664, at *2 (N.D. Cal. Dec. 7, 2012) (referencing previously 

granted motion to shorten time where moving party argued that “good cause existed to accelerate 

briefing schedule so that the Court could rule before Defendants’ damages experts testified at 

trial.”). 

B. Good Cause Exists for Expediting the Time for the Court to Hear

Finjan’s Motion for Leave

Finjan respectfully submits that good cause exists to expedite the time for the Court to 

hear, if it deems necessary, Finjan’s Motion for Leave prior to the commencement of trial on June 

Case 5:17-cv-00072-BLF Document 629 Filed 05/15/20 Page 2 of 5
2 Case No. 5:17-cv-00072-BLF-SVK

PLAINTIFF FINJAN, INC.’S UNOPPOSED ADMINISTRATIVE MOTION TO CHANGE TIME 

PURSUANT TO LR 6-3(a)

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22, 2020. As set forth in the Chacon Declaration filed herewith, Finjan’s new counsel diligently 

sought to work with Cisco to come to an agreement to supplement the parties’ respective exhibit 

lists in light of the May 1, 2020 confirmation of the trial date being push back three weeks from 

June 1, 2020 to June 22, 2020 due to the ongoing COVID-19 crisis. See Chacon Decl. at ¶¶ 2-3. 

Despite meeting and conferring on Finjan’s proposal, and Finjan’s alternatively proposed Motion 

for Leave, the parties were unable to reach agreement and Finjan was forced to file its Motion for 

Leave on May 15, 2020. See Chacon Decl. at ¶ 3. The timing of Finjan’s filing makes June 25, 

2020 the earliest possible hearing date for which Finjan could notice its Motion for Leave in 

accordance with the Civil Local Rules and this Court’s Standing Order for Civil Cases. See

Chacon Decl. at ¶ 4. As soon as counsel for Cisco confirmed it would not agree to Finjan’s 

supplementation proposal, and thus Finjan would need to file its Motion for Leave, counsel for 

Finjan informed counsel for Cisco of its intention to file the instant Motion to Change Time. See

Chacon Decl. at ¶ 5. Cisco’s counsel subsequently confirmed Cisco would not oppose Finjan’s 

Motion to Change Time. See id.

Finjan’s Motion for Leave presents issues that will impact Finjan’s presentation of its case 

at trial. See Dkt No. 628. The exhibits Finjan seeks to add relate to key issues in this case, such as 

Finjan’s history, the relationship between Finjan and Cisco, damages, and validity. Id. In its 

motion, Finjan respectfully submits that good cause exists for its request due to at least the 

relevance of the supplemental exhibits, the lack of the lack of any undue prejudice caused by their 

addition to Finjan’s exhibit list five weeks prior to the commencement of trial, the recent 

substitution of new counsel for Finjan, and the Court having not yet issued a final pretrial order. 

See Chacon Decl. at ¶ 6; see also Dkt No. 628. Finjan’s Motion for Leave should be heard prior to 

the commencement of trial otherwise substantial harm and prejudice would befall Finjan. Finjan 

would be hindered in its trial preparation and significant uncertainty would arise as to whether 

Finjan may be allowed to offer into evidence its supplemental exhibits that relate to key disputed 

issues in both its case in chief and rebuttal case at trial. See Chacon Decl. at ¶ 4, 8.

III. CONCLUSION

Finjan diligently sought to reach an agreement relating to the supplementation of its trial 

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PLAINTIFF FINJAN, INC.’S UNOPPOSED ADMINISTRATIVE MOTION TO CHANGE TIME 

PURSUANT TO LR 6-3(a)

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exhibit list, but instead was forced to file its Motion for Leave (Dkt No. 628) immediately before 

the instant motion. The timing for hearing Finjan’s Motion for Leave as provided for by the Civil 

Local Rules and this Court’s Standing Order for Civil Cases would cause substantial harm and 

prejudice to Finjan were it not expedited. Finjan, thus, respectfully requests relief from the Court 

in the form of an expedited hearing of Finjan’s Motion for Leave, if the Court deems necessary, on 

June 11, 2020, June 18, 2020, or at another time the Court deems appropriate.

Dated: May 15, 2020 Respectfully Submitted,

By: /s/ Megan A. Chacon

Juanita R. Brooks (CA SBN 75934) 

brooks@fr.com

Roger A. Denning (CA SBN 228998) 

denning@fr.com

Frank J. Albert (CA SBN 247741) 

albert@fr.com

Megan A. Chacon (CA SBN 304912) 

chacon@fr.com

K. Nicole Williams (CA SBN 291900) 

nwilliams@fr.com

Oliver J. Richards (CA SBN 310972) 

ojr@fr.com

Jared A. Smith (CA SBN 306576) jasmith@fr.com

Tucker N. Terhufen (CA SBN 311038) 

terhufen@fr.com

FISH & RICHARDSON P.C.

12390 El Camino Real, Suite 100

San Diego, CA 92130

Phone: (858) 678-5070 / Fax: (858) 678-5099

Aamir Kazi (Admitted Pro Hac Vice) kazi@fr.com

Alana C. Mannige (CA SBN 313341) 

mannige@fr.com

FISH & RICHARDSON P.C.

1180 Peachtree Street NE, 21st Floor

Atlanta, GA 30309

Phone: (404) 892-5005 / Fax: (404) 892-5002

Attorneys for Plaintiff FINJAN, INC.

Case 5:17-cv-00072-BLF Document 629 Filed 05/15/20 Page 4 of 5
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PLAINTIFF FINJAN, INC.’S UNOPPOSED ADMINISTRATIVE MOTION TO CHANGE TIME 

PURSUANT TO LR 6-3(a)

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above and foregoing 

document has been served on May 15, 2020 to all counsel of record who are deemed to have 

consented to electronic service via the Court’s CM/ECF system. Any other counsel of record will 

be served by electronic mail and regular mail.

/s/ Megan A. Chacon

Megan A. Chacon

chacon@fr.com

Case 5:17-cv-00072-BLF Document 629 Filed 05/15/20 Page 5 of 5