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

Filing 318

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)

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

On January 20, 2016, Plaintiff filed a motion to compel subpoena to non-party, BHMI.
(Filing 292.) Plaintiff anticipates that BHMI will file a motion to quash the subpoena.
Therefore, Plaintiff now requests that the Court consider the motion to compel and
anticipated motion to quash together, and that the Court set a briefing schedule to govern the
matter. (Filing 316.)
The Court declines Plaintiff’s request. If a motion to quash were actually on file, the
Court would most likely consider the motions together. However, such a motion is not on
file and Plaintiff has not cited any authority for the proposition that the Court can force a
non-party to file a motion so that a consolidated ruling can be made regarding a matter.
Accordingly,
IT IS ORDERED that 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.
DATED February 25, 2016.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge