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

Filing 313

ORDER - Defendants' Motion for Partial Reconsideration (filing 249 ) is denied. 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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8:14CV31

ORDER

This matter is before the Court on Defendants’ Motion for Partial Reconsideration
(filing 249). The motion will be denied.
DISCUSSION
Defendants request that the Court reconsider its December 4, 2015 order which denied
Defendants’ request for a source code protective order (filing 244). Defendants maintain that
the Court’s order did not address Defendants’ alternative request that the current protective
order be modified to include source code specific protections. Defendants claim that the
protections specific to source code that are not in the current protective order include: (1) a
definition of source code; (2) restrictions on how and where source code may be uploaded
and viewed, including a requirement that it be installed on a non-networked computer; (3)
restrictions on copying; (4) restrictions on printing; and (5) a prosecution bar.
The Court is of the opinion that the current protective order provides sufficient
protection for source code. Still, if the parties were to agree that additional provisions are
necessary in light of the current state of discovery, the Court would, at that time, entertain
the inclusion of additional provisions. However, without such an agreement, the Court is
unwilling to revisit its previous decision denying Defendants’ request for a source code
protective order, as the Court believes the current order provides generous protection.

Accordingly,
IT IS ORDERED that Defendants’ Motion for Partial Reconsideration (filing 249)
is denied.
DATED February 16, 2016.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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