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14-031 - ACI Worldwide Corp. v. MasterCard Technologies, LLC et al


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14-031 - ACI Worldwide Corp. v. MasterCard Technologies, LLC et al
December 31, 2014
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MEMORANDUM AND ORDER - Defendants' Motion to Dismiss (Filing No. 59) is granted in part, as follows: ACI's claims for fraud, tortious interference, conversion, and trespass to chattels are dismissed, with leave to amend. Defendants' Motion is otherwise denied. ACI is granted leave to file a second amended complaint on or before January 20, 2015. Defendants will respond to any second amended complaint, or to the surviving claims in the Amended Complaint (Filing No. 48) if no second amended complaint is filed, on or before February 6, 2015. Ordered by Chief Judge Laurie Smith Camp. (GJG)
February 2, 2015
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ORDER - 1. Plaintiff's Motion for a Protective Order (filing 49) is granted, in part. A joint proposed protective order, incorporating the rulings herein, shall be forwarded to the undersigned by email, in word or word perfect format, for consideration by or before February 9, 2015. 2. Plaintiff's Motion to Compel (filing 54) is granted, in part, as set forth above. Attorneys fees and costs will not be awarded. 3. Defendants' Motion to Compel (filing 73) is denied. 4. Plaintiff's Motion to Treat Trade Secret Exhibits as Filed in Support of its Motion for Protective Order (filing 112) is granted. Ordered by Magistrate Judge F.A. Gossett. (JAB)
February 25, 2015
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PROTECTIVE ORDER. Ordered by Magistrate Judge F.A. Gossett. (GJG)
March 4, 2015
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AMENDED ORDER SETTING FINAL PROGRESSION OF CASE, granting the parties' Stipulation 124. Non-expert depositions due 8/31/2015, expert depositions due 1/14/2016. Pretrial conference set for 4/14/2016 at 10:00 AM in Chambers before Magistrate Judge F.A. Gossett. Jury Trial set for 5/17/2016 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
April 21, 2015
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ORDER - Defendants' Motion to Stay Consideration of Plaintiff's Discovery Motion (filing 139) is granted. Plaintiff shall renew and/or revise the subject discovery requests by April 27, 2015. Within five days of receipt of the renewed/revised discovery requests, the parties shall confer in an effort to resolve any objections to the requests. Plaintiff's motion to compel (filing 133) is denied without prejudice to reassertion following completion of the meet and confer requirement set forth above. In the event Plaintiff renews its motion to compel, Defendants shall respond to the renewed motion within seven days of its filing. Ordered by Magistrate Judge F.A. Gossett. (GJG)
June 10, 2015
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ORDER - The Motion for Order Permitting ACI Worldwide to Provide Nebraska State Court Judge Certain Documents Produced in this Action (filing 144) is granted. The protective order entered in this case (filing 123) is hereby modified so as to allow Plaintiff to request in camera review of emails exchanged between Defendants and BHMI (including the attachments thereto) and Plaintiff's Brief in Support of Motion to Compel (filing 134) in the action pending in the District Court of Douglas County, Nebraska, ACI Worldwide Corp. v. BHMI, Inc., Case No. CI 12-9038. Ordered by Magistrate Judge F.A. Gossett. (GJG)
July 13, 2015
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ORDER - Plaintiff's Motion to Compel Production of Documents (filing 155) is denied without prejudice to reassertion at a later time. The parties shall meet and confer in an effort to devise a search protocol or methodology to employ for retrieving the information requested by Plaintiff. The parties shall submit a joint status report to the Court no later than July 20, 2015, advising the Court as to the outcome of this meet and confer conference. If the parties are unable to reach an agreement regarding search methodology, said report shall contain a list of individuals who the parties deem acceptable to serve as special master. The Court advises the parties that the special master will not necessarily be selected from the list of names provided. Plaintiffs Motion to File Sur-Reply Brief in Support of Motion to Compel (filing 174 ) is granted, and the brief has been considered by the Court in ruling on this Motion to Compel. Ordered by Magistrate Judge F.A. Gossett. (GJG)
July 24, 2015
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SECOND AMENDED ORDER SETTING FINAL PROGRESSION OF CASE, granting 178 the Joint Motion and Stipulation to Amend. Non-expert depositions due 10/2/2015, expert depositions due 1/14/2016. Pretrial conference remains as scheduled for 4/14/2016 at 10:00 A.M. in chambers before Magistrate Judge F.A. Gossett. Jury Trial remains set for 5/17/2016 at 8:30 A.M. in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
August 31, 2015
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ORDER - IT IS ORDERED that Defendants run Plaintiff's "Counterproposal Search Protocol" (Exhibit B to Plaintiff's August 7, 2015 letter) no later than September 11, 2015. Defendants shall produce the search results no later than September 16, 2015. Ordered by Magistrate Judge F.A. Gossett. (GJG)
September 10, 2015
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ORDER - Defendants have moved to stay the undersigned's August 31, 2015 Order (filing 181). Defendants believe a stay is necessary so that the Court may resolve their objections raised in response to the Order. The motion to stay (filing 186) is granted. Yesterday, counsel for Plaintiff sent the undersigned a letter requesting a scheduling conference for purposes of revising case progression deadlines. The letter did not indicate whether the parties have met and conferred in an effort to establish mutually acceptable deadlines. Therefore, the undersigned declines Plaintiff's request for a planning conference at this time. The undersigned agrees that deadline extensions are likely necessary, but it is up to the parties to attempt to resolve these issues on their own before seeking Court involvement. If the parties cannot agree to appropriate extension deadlines, formal motions for extensions of time can be filed. However, any such motion must include proposed deadlines and a statement that the parties have met and conferred. IT IS SO ORDERED. Ordered by Magistrate Judge F.A. Gossett. (GJG)
September 24, 2015
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THIRD AMENDED ORDER SETTING FINAL PROGRESSION OF CASE - The Court has reviewed the Parties Joint Motion and Stipulation Regarding Third Amended Order Setting Final Progression of Case (filing 190) and finds that the case progression deadlines for the above-captioned litigation should be revised. The provisions of the Court's earlier, initial progression order (filing 39) remain in effect, and the deadlines set forth in the amended progression order (filing 125), and second amended progression order (filing 179), remain unchanged, except where amended in this order. Ordered by Magistrate Judge F.A. Gossett. (GJG)
October 13, 2015
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FOURTH AMENDED ORDER SETTING FINAL PROGRESSION OF CASE, granting 194 the unopposed Motion to Extend. The deadlines are extended as requested and set out in this order. The pretrial conference before Magistrate Judge F.A. Gossett remains set for 4/14/2016 and the jury trial before Chief Judge Laurie Smith Camp remains set for 5/17/2016. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
November 4, 2015
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FIFTH AMENDED ORDER SETTING FINAL PROGRESSION OF CASE - This matter is before the Court on ACI Worldwide Corp.'s Unopposed Motion Regarding Fifth Amended Order Setting Final Progression of Case (Filing 232). The Court finds that the progression schedule proposed by ACI should be adopted, in part. Jury Trial set for 10/18/2016 at 09:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Pretrial Conference set for 9/16/2016 at 09:30 AM in Chambers before Magistrate Judge F.A. Gossett. Ordered by Magistrate Judge F.A. Gossett. (GJG)
December 4, 2015
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ORDER - Plaintiff's Motion to Compel (filing 197) is granted, in part. Defendants shall run the Search Protocol and produce the requested materials within seven days of this Order. Defendants' Motion for Source Code Protective Order (filing 202) is denied. Plaintiff's Motion for Sanctions (filing 207) is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)
December 16, 2015
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ORDER that Defendants' Motion for Leave to File Amended Answer and Counterclaim to the Amended Complaint (filing 217) is denied. Ordered by Magistrate Judge F.A. Gossett. (LAC)
January 19, 2016
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ORDER - Plaintiff's Motion for Amendment to Protective Order (filing 259) is granted, in part, as set forth above. The protective order entered in this case (filing 123) is hereby modified so as to allow Plaintiff to request in camera review of the category two and three documents in the related action pending in the District Court of Douglas County, Nebraska, ACI Worldwide Corp. v. BHMI, Inc., Case No. CI 12-9038. Ordered by Magistrate Judge F.A. Gossett. (GJG)
January 21, 2016
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ORDER - IT IS ORDERED that BHMI's Motion to Stay (filing 295) is granted. Ordered by Magistrate Judge F.A. Gossett. (GJG)
January 22, 2016
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ORDER regarding MOTION 297 ACI Worldwide's Request for Expedited Call with Court, or in the Alternative, to Lift the Stay filed by ACI Worldwide Corp. It is Ordered that Plaintiff's motion for reconsideration is denied, in part, at this time as set forth above. The remainder of the issues set forth in the motion for reconsideration will be addressed at a later date. Ordered by Magistrate Judge F.A. Gossett. (SLP)
February 2, 2016
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MEMORANDUM AND ORDER - Baldwin, Hackett, & Meeks, Inc.'s Statement of Objection to Judge Gossett's January 19, 2016 Order (Filing No. 301) is overruled. Baldwin, Hackett, & Meeks, Inc.s Request for Oral Argument (Filing No. 301) is denied. Plaintiff ACI Worldwide's Motion for Expedited Ruling on BHMI's Objection (Filing No. 304) is granted. The stay of the January 19th Order (Filing No. 296) is lifted. Ordered by Chief Judge Laurie Smith Camp. (GJG)
February 3, 2016
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ORDER - Samir Mehta's Motion for Leave to Withdraw (filing 305) is granted. The Clerk of Court shall terminate Samir Mehta's appearance as counsel for Defendants and cease further notices to him in this matter. Ordered by Magistrate Judge F.A. Gossett. (GJG)
February 16, 2016
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ORDER - Defendants' Motion for Partial Reconsideration (filing 249) is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)
February 25, 2016
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ORDER - Plaintiff's Motion for a Consolidated Ruling Regarding MasterCard's and BHMI's Objections to the BHMI Subpoena and to Set Briefing Schedule (filing 316) is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)
March 18, 2016
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SIXTH AMENDED ORDER SETTING FINAL PROGRESSION OF CASE regarding Motion for Entry of Sixth Amended Order Setting Final Progression of Case (Filing No. 321) The provisions of the Court's earlier, initial progression order (Filing No. 39) remain in effect, and the deadlines set forth in the amended progression order (Filing No. 125), second amended progression order (Filing No. 179), third amended progression order (Filing No. 191), fourth amended progression order (Filing No. 195), and fifth amended progression order (Filing No. 233) remain unchanged, except where amended set forth in this order. The Final Pretrial Conference with the undersigned magistrate judge is set for 10:00 a.m. on March 24, 2017, in chambers, 111 South 18th Plaza, Suite 2210, Roman L. Hruska United States Courthouse, Omaha, Nebraska. A jury trial is set to commence, at the court's call, during the week of April 18, 2017 in Omaha, Nebraska, before the Honorable Laurie Smith Camp, United States District Judge. Unless otherwise ordered, jury selection shall be at the commencement of trial. Motions to Alter Dates. No additional extensions of time will be granted in this matter absent a showing of good cause. Attorneys of record shall govern themselves accordingly. Ordered by Magistrate Judge F.A. Gossett. (GJG)
March 23, 2016
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PROTECTIVE ORDER FOR SOURCE CODE - The parties' Joint Motion for Source Code Protective Order (Filing No. 331) is granted. The Court's Protective Order (Filing No. 123) is amended to include the following provisions governing the production of source code. Except to the extent specifically modified herein, the provisions of the Court's Protective Order remain in full force and effect. Ordered by Magistrate Judge F.A. Gossett. (GJG)
March 24, 2016
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ORDER - Plaintiff's Motion to Compel Subpoena to BHMI (Filing No. 292) is granted. Ordered by Magistrate Judge F.A. Gossett. (GJG)
May 27, 2016
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ORDER - ACI's Motion to Deem BHMI's Motion to Quash Document Subpoena Fully Briefed and Ripe for Decision (Filing No. 361) is granted, in part, and denied, in part as follows: 1. The court will issue a consolidated ruling on ACI's Motion to Compel (Filing No. 346) and BHMI's Motion to Quash (Filing No. 355). 2. BHMI may file a reply brief in support of its motion to quash on or before June 3, 2016. Ordered by Magistrate Judge F.A. Gossett. (JAB)
July 1, 2016
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to reach an agreement, BHMI may file on or before July 22, 2016, an application for the award of the costs and fees accompanied by an affidavit of such costs and fees, pursuant to NECivR 54.3 and 54.4. ACI shall have until on or before August ORDER - BHMI's Motion (Filing No. 323) to Quash Deposition Subpoenas or for Protective Order and Sanctions is granted in part, and denied in part, as set forth above. Counsel for BHMI and ACI shall confer on a reasonable amount of attorney's fees to be awarded for BHMI's filing of the motion to quash the deposition subpoenas and, if there is agreement, shall file on or before July 15, 2016, a stipulation of the costs and fees to be awarded. In the event the parties fail5, 2016, to respond to the application. Thereafter, the issue of fees and costs will be deemed submitted and a written order entered. ACI's Motion (Filing No. 346) to Compel BHMI's Compliance with Document Subpoena is denied. BHMI's Motion (Filing No. 355) to Quash Subpoena or for a Protective Order is granted. Ordered by Magistrate Judge F.A. Gossett. (GJG)
July 20, 2016
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ORDER - The Stipulation Regarding Attorney's Fees (Filing No. 396) is granted. ACI shall submit payment to BHMI in the amount of $9,500.00 via check payable to the order of BHMI and delivered to counsel for BHMI within thirty days of the date of this Order. Ordered by Magistrate Judge F.A. Gossett. (GJG)
August 12, 2016
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ORDER - Plaintiff's Motion for Leave to File Sur-Reply Brief in Opposition to Defendants' Motion for Summary Judgment (Filing No. 405) is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)
September 13, 2016
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MEMORANDUM AND ORDER - Plaintiff ACI Worldwide Corp.'s Objection to Magistrate Judges Order (Filing No. 420) is overruled. Ordered by Chief Judge Laurie Smith Camp. (GJG)
September 27, 2016
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MEMORANDUM AND ORDER - Defendants' Motion for Summary Judgment (Filing No. 374) is denied. Ordered by Chief Judge Laurie Smith Camp. (GJG)
October 27, 2016
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this order. Ordered by Magistrate Judge F.A. Gossett. (LAC)ORDER that ACI's Motion to Compel Production of MasterCard's Full Source Code (Filing No. 382) is granted, in part, as set forth above. MasterCard shall produce the withheld materials responsive to the Search Protocol within seven days of
November 1, 2016
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ORDER AMENDING DEADLINES - The Unopposed Motion for Extension of Certain Scheduling Deadlines 446 is granted. Ordered by Magistrate Judge F.A. Gossett. (GJG)
November 10, 2016
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ORDER - Defendants' Motion to Strike Plaintiff's Fourth Supplemental Answer to Interrogatory No. 1 and Request for Expedited Relief (Filing No. 425) is granted. Ordered by Magistrate Judge F.A. Gossett. (GJG)
January 24, 2017
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MEMORANDUM AND ORDER - Plaintiff ACI Worldwide Corp.'s Statement of Objections to Magistrate Judge's Order, ECF No. 449, is overruled. Ordered by Chief Judge Laurie Smith Camp. (GJG)
March 2, 2017
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ORDER regarding JOINT STIPULATION FOR DISMISSAL 486 is approved and action is dismissed with prejudice. Any pending motions are terminated. The protective orders entered in this case at Nos. 290 and 332 shall remain in full effect following the dismissal of the case and the protective order entered at No. 123 shall remain in full effect following the dismissal of the case subject to modifications. The court will not assess costs or attorney's fees. Ordered by Chief Judge Laurie Smith Camp. (CCB)