ACI Worldwide Corp. v. MasterCard Technologies, LLC et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ACI WORLDWIDE CORP.,
MASTERCARD TECHNOLOGIES, LLC,
and MASTERCARD INTERNATIONAL,
This matter is before the Court on the Statement of Objection to Judge Gossett’s
January 19, 2016 Order and Request for Oral Argument (Filing No. 301) submitted by
nonparty Baldwin, Hackett, & Meeks, Inc.’s (“BHMI”) and the Motion for Expedited
Ruling on BHMI’s Objection (Filing No. 304) submitted by Plaintiff ACI Worldwide
Corp.’s (“ACI”). For the reasons discussed below, the Motion for Expedited Ruling will
be granted, the Objection will be overruled, the Request for Oral Argument will be
denied, and the stay of Judge Gossett’s Order (Filing No. 296) will be lifted.
On February 25, 2015, Judge Gossett entered a protective order (“Protective
Order”) (Filing No. 123), which, among other things, provided that documents obtained
through discovery in this action would not be used in a related action pending in state
court.1 The Protective Order stated that it might be modified at a later date upon a
showing of “good cause.” (Filing No. 123 ¶ 20.) On January 19, 2016, Judge Gossett
entered an order (Filing No. 290) (“January 19th Order”) modifying the Protective Order
District Court of Douglas County, Nebraska, Case No. 12-3098, ACI Worldwide Corp. v. BHMI,
Inc., et al., the Hon. J. Russell Derr presiding.
to allow ACI to offer for in camera review in state court certain evidence that ACI
claimed was recently discovered. BHMI subsequently filed its Objection.
When a party objects to a magistrate judge's order on a nondispositive pretrial
matter, a district court may set aside any part of the order shown to be clearly erroneous
or contrary to law. Fed. R. Civ. P. 72(a); 28 U.S.C. § 636(b)(1)(A). “A finding is clearly
erroneous when although there is evidence to support it, the reviewing court on the
entire evidence is left with the definite and firm conviction that a mistake has been
committed.” Chase v. Comm'r of Internal Revenue, 926 F.2d 737, 740 (8th Cir.1991)
(internal quotation marks omitted). “An order is contrary to law if it fails to apply or
misapplies relevant statutes, case law, or rules of procedure.” Haviland v. Catholic
Health Initiatives-Iowa, Corp., 692 F. Supp. 2d 1040 (S.D. Iowa 2010).
The Court conducted a review of the record and relevant filings and determined
that the January 19th Order is neither clearly erroneous nor contrary to law. Rather, the
January 19th Order is narrowly tailored and appropriate in light of the facts on the
record. Contrary to BHMI’s argument, the January 19th Order neither presents issues
of comity nor attempts to preempt Judge Derr’s authority in the state court action.
Judge Gossett explained that his January 19th Order merely allowed ACI to offer certain
documents to Judge Derr for an in camera review in Judge Derr’s discretion. As Judge
Gossett stated in an earlier order in this action, “the state court judge must handle his
proceedings as he sees fit and should not feel bound by anything happening in the
federal court action.” (Filing No. 299 at 2.) This Court concurs. Accordingly,
IT IS ORDERED:
1. Baldwin, Hackett, & Meeks, Inc.’s Statement of Objection to Judge Gossett’s
January 19, 2016 Order (Filing No. 301) is overruled;
2. Baldwin, Hackett, & Meeks, Inc.’s Request for Oral Argument (Filing No. 301) is
3. Plaintiff ACI Worldwide’s Motion for Expedited Ruling on BHMI’s Objection (Filing
No. 304) is granted; and
4. The stay of the January 19th Order (Filing No. 296) is lifted.
Dated this 1st day of February, 2016.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
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