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COOLEY LLP
TRAVIS LEBLANC (251097) (tleblanc@cooley.com)
KYLE C. WONG (224021) (kwong@cooley.com)
JOSEPH D. MORNIN (307766) (jmornin@cooley.com)
101 California Street, 5th floor
San Francisco, CA 94111-5800
Telephone: (415) 693-2000
Facsimile: (415) 693-2222
DANIEL J. GROOMS (D.C. Bar No. 219124) (admitted pro hac vice)
(dgrooms@cooley.com)
1299 Pennsylvania Avenue, NW, Suite 700
Washington, DC 20004-2400
Telephone: (202) 842-7800
Facsimile: (202) 842-7899
Attorneys for Plaintiffs
WHATSAPP INC. and FACEBOOK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WHATSAPP INC., a Delaware corporation,
and FACEBOOK, INC., a Delaware
corporation,

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Case No. 3:19-cv-07123
PLAINTIFFS’ ADMINISTRATIVE MOTION
TO RESCHEDULE CASE MANAGEMENT
CONFERENCE UNDER LOCAL RULES 7-11
& 16-2(D)

Plaintiffs,
v.

Hon. Jacqueline S. Corley

NSO GROUP TECHNOLOGIES LIMITED
and Q CYBER TECHNOLOGIES LIMITED,
Defendants.

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

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PLAINTIFFS’ MOTION TO RESCHEDULE CMC
CASE NO. 3:19-CV-07123

 Plaintiffs WhatsApp Inc. and Facebook, Inc. now move this Court under Local Rules 7-11

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and 16-2(d) to reschedule the Case Management Conference currently scheduled for January 30,

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2020, at 3:00 p.m. to January 27, January 28, or February 13 at 1:30 p.m., or another date at the

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Court’s convenience.
Plaintiffs filed this action against Defendants NSO Group Technologies Ltd. and Q Cyber

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Technologies Ltd., both foreign corporations, on October 29, 2019. Plaintiffs seek injunctive relief

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and damages for Defendants’ unauthorized use of Plaintiffs’ servers to send malware to conduct

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illegal surveillance against a broad array of people, including attorneys, journalists, human rights

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activists, government officials, and others in April and May 2019. ECF No. 1. When Plaintiffs

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discovered this misconduct in May 2019, they stopped Defendants’ improper access to the

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WhatsApp’s service and computers. Id.
After filing the Complaint, Plaintiffs promptly sought to serve Defendants under the Hague

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Convention, which was effected on December 17, 2019. 1 Declaration of Joseph D. Mornin (“Mornin

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Decl.”) ¶ 2. Plaintiffs also contacted Defendants via email, physical mail, and hand service, but have

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not received any response. Id. ¶¶ 3–5. As of the date of this filing, no counsel has entered an

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appearance in this matter on Defendants’ behalf, nor have Defendants filed an answer to the

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Complaint. Thus, Plaintiffs cannot fulfill their obligations under the Court’s initial case management

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scheduling order (ECF No. 9), including the obligations to meet and confer regarding initial

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disclosures, early settlement, ADR process selection, and a discovery plan. A short continuance of

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the case management conference is therefore warranted. In addition, Plaintiffs’ counsel Travis

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LeBlanc and Daniel Grooms have a scheduling conflict on January 30, 2020.
For the reasons described above, Plaintiffs have been unable to obtain Defendants’ consent to

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this scheduling change. Mornin Decl. ¶ 7.

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No previous time modifications have been requested in this case. The requested modification

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would not have any effect on the schedule in this matter, as the Court has not entered a case schedule

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

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Plaintiffs are currently awaiting the issuance of a formal certificate of Hague service from the Central
Authority.
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PLAINTIFFS’ MOTION TO RESCHEDULE CMC
CASE NO. 3:19-CV-07123

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and Defendants have not yet appeared.

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Dated: January 7, 2020

Respectfully submitted,
COOLEY LLP

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/s/ Travis LeBlanc
Travis LeBlanc
Daniel J. Grooms
Kyle C. Wong
Joseph D. Mornin
Attorneys for Plaintiffs
WHATSAPP INC. and FACEBOOK, INC.

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COOLEY LLP
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PLAINTIFFS’ MOTION TO RESCHEDULE CMC
CASE NO. 3:19-CV-07123