ACI Worldwide Corp. v. MasterCard Technologies, LLC et al

Filing 191

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 f or 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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ACI WORLDWIDE CORP.,
Plaintiff,
v.
MASTERCARD TECHNOLOGIES,
LLC and MASTERCARD
INTERNATIONAL INCORPORATED,
Defendants.

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CASE NO. 8:14-CV-00031-LSC-FG3
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.
IT IS THEREFORE ORDERED that 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 by the following:
1. Motions for Summary Judgment. Motions for summary judgment shall be filed not
later than Tuesday, February 16, 2016. See NECivR 56.1 and 7.0.1.
2. Deposition Limitation. The parties stipulation in the Rule 26(f) Report (filing 38)
regarding Rule 30(b)(6) and expert depositions is unaffected by this order. (See Filing 38,
p.33). Further, Plaintiff may take fifteen (15) fact witness depositions, and the Defendants
collectively may take fifteen (15) fact witness depositions.
3. Discovery Deadlines:
a. Non-Expert Deposition Deadline. All non-expert depositions, whether or not
they are intended to be used at trial, shall be completed by Monday, November 2, 2015.
b. Expert Deposition Deadline. All expert depositions, whether or not they are
intended to be used at trial, shall be completed by Monday, February 1, 2016.
c. Written Discovery Deadline. All interrogatories, requests for admission and
requests for production or inspection, whether or not they are intended to be used at trial,
shall be completed by Thursday, June 11, 2015. Counsel may stipulate to extensions of
time to respond to discovery requests in accordance with Fed. R. Civ. P. 29, but such

extensions shall not extend any of the dates in this order; any request to extend the
deadlines of this order shall be sought by motion.
d. Discovery Motions. Discovery motions shall be filed not later than Monday,
July 13, 2015 as to matters which are then ripe for decision; discovery matters arising after
that date may be the subject of motions until the deposition deadline. Counsel are
reminded of the provisions of NECivR 7.0.1(i).
4. Disclosure of Expert Witnesses. 1 Each plaintiff, counter-claimant, and cross-claimant
shall, as soon as practicable but not later than Monday, November 16, 2015, serve all
opposing parties with the statement required by Fed. R. Civ. P. 26(a)(2) regarding each
expert witness it expects to call to testify at trial pursuant to the provisions of Rule 702, 703
or 705, Fed. Rules of Evidence. Each defendant, counter-defendant, and cross-defendant
shall serve its statement of the expert witnesses it expects to call to testify pursuant to Rule
702, 703 or 705, Fed. Rules of Evidence, pursuant to Fed. R. Civ. P. 26(a)(2) as soon
thereafter as practicable, but not later than Wednesday, December 16, 2015. If necessary
to refute the disclosed opinions of an expert witness of an opponent, a plaintiff,
counter-claimant, or cross-claimant may disclose additional expert witnesses not later than
Friday, January 15, 2016, provided that the disclosing party then provides all of the
information described in Fed. R. Civ. P. Rule 26(a)(2) and makes the expert witness
available for deposition prior to the date set for completion of depositions.
Supplementation of these disclosures, if originally made prior to these deadlines, shall be
made on these deadlines as to any information for which supplementation is addressed in
Fed. R. Civ. P. 26(e). The testimony of the expert at trial shall be limited to the
information disclosed in accordance with this paragraph.
5. Pretrial Disclosures. Pursuant to Fed. R. Civ. P. 26(a)(3), each party shall serve
opposing counsel and file a redacted version as applicable with the following information
regarding the evidence it may present at trial other than solely for impeachment purposes
as soon as practicable but not later than the date specified:
a. Nonexpert Witnesses – A pleading disclosing the name, address and telephone
number 2 of each witness, separately identifying those whom the party expects to present
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A treating physician must be identified pursuant to Fed. R. Civ. P. 26(a)(2)(A), but a treating
physician is not deemed to be "retained or specially employed to provide expert testimony in a
case" so as to require a written report under Fed. R. Civ. P. 26(a)(2)(B).
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In accordance with the E-Government Act, counsel shall, on witness lists, exhibits, and other
disclosures and/or documents filed with the court, redact Social Security numbers, home
addresses, telephone numbers, and other personally identifying information of witnesses, but shall
serve an unredacted version on opposing parties. See NECivR 5.0.3.
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and those whom the party may call if the need arises shall be served and filed on or
before Thursday, April 14, 2016.
b. Deposition Testimony and Discovery - The designation of discovery testimony
and discovery responses intended to be utilized at trial is not required for this case.
Motions to require such designations may be filed not later than fifteen (15) days prior
to the deposition deadline.
c. Trial Exhibits - A list of all exhibits it expects to offer by providing a numbered
listing and permitting examination of such exhibits, designating on the list those exhibits it
may offer only if the need arises shall be served and filed on or before Thursday, April
14, 2016.
d. Waiver of Objections. Any and all objections to the use of the witnesses,
deposition testimony, discovery responses, or exhibits disclosed pursuant to the above
subparagraphs, including any objection pursuant to Fed. R. Civ. P. 32(a) that a deponent is
available to testify at the trial, shall be made a part of the pretrial order. Failure to list
objections (except those under Fed. R. Evid. 402 and 403) is a waiver of such objections,
unless excused by the court for good cause shown.
6. Motions in Limine.
a. Motions in limine challenging the admissibility of expert testimony at trial under
Fed. R. Evid. 702, see Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999), and
Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579 (1993), shall be filed no later
than Thursday, April 14, 2016 and accompanied by a request for a hearing if necessary.
Failure to timely move for a hearing may constitute waiver of the request for a hearing.
b.

Any other motions in limine shall be filed no later than Monday, May 9, 2016.

7. The Final Pretrial Conference with the undersigned magistrate judge is set for
Thursday, April 14, 2016 at 10:00 A.M. in chambers, 111 South 18th Plaza, Suite 2210,
Roman L. Hruska United States Courthouse, Omaha, Nebraska. The final pretrial
conference shall be attended by lead counsel for represented parties. Counsel shall
complete prior to the pretrial conference, all items as directed in NECivR 16.2. 3 By the
time of the pretrial conference, full preparation for trial shall have been made so that trial
may begin immediately thereafter. The pretrial conference will include a discussion of
settlement, and counsel shall be prepared through investigation, discovery and
communication with clients and insurers, if any, to discuss fully the subject of settlement,
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All personal information should be redacted from the public version of the order and/or
attachments filed with the Clerk. See NECivR 5.0.3.
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including realistic expectations about liability, obstacles to agreement, offers made, and
offers which can be made at the conference. Counsel shall be prepared to make additional
offers or proposals for settlement in behalf of their clients at the pretrial conference, and
counsel shall be prepared to make or opine on recommendations for further negotiations
and conferences.
8. Mediation and Settlement:
a. If the parties intend to mediate their dispute, notice of the mediation shall be
given to the staff of the magistrate judge's office. The filing of a mediation reference
order will terminate pending motions, without prejudice to refiling. If the mediation is not
successful, the moving party may reinstate such a motion by filing a written notice to that
effect, and the other parties may respond in accordance with the local rules, regarding the
date of the notice as reinstating the response/reply time that remained as of the date the
mediation reference order was filed.
b. Not later than Tuesday, March 15, 2016, plaintiff or plaintiff's counsel shall
serve on defendants or defendants’ counsel a written, updated settlement proposal.
Defendants or defendants’ counsel shall respond in writing to such proposal not later than
ten (10) days after receipt thereof.
c. Notice of settlement shall be given to the trial judge's office as soon as
practicable but in any event in time to avoid summoning a jury. If a case settles and notice
of settlement is not given in sufficient time to avoid summoning a jury, assessment of jury
costs may be and normally will be made against a party and/or counsel for one or more of
the parties. For purposes of this paragraph, a jury is considered summoned for a trial at
noon the business day prior to the designated date of trial.
9. A jury trial is set to commence, at the court's call, during the week of May 17, 2016 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.
10. Motions to Alter Dates. All requests for changes of deadlines or settings established
herein shall be directed to the magistrate judge by appropriate motion, including all
requests for changes of trial dates. Such motions shall not be considered in the absence of
a showing by counsel of due diligence in the timely development of this case for trial and
the recent development of circumstances, unanticipated prior to the filing of the motion,
which require that additional time be allowed.

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DATED September 24, 2015.
BY THE COURT:

S/ F.A. Gossett
United States Magistrate Judge

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