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

Filing 412

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)

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 Plaintiff’s motion for leave (Filing No. 405) to file
a sur-reply brief in opposition to Defendants’ Motion for Summary Judgment (Filing No.
374). Defendants filed a brief (Filing No. 406) opposing the motion.
This court’s local rules provide, “No party may file further briefs or evidence [after
the moving party files a reply brief] without the court’s leave.” NECivR 7.1(c). Plaintiff
asserts its proposed sur-reply brief identifies and corrects “several new and incorrect
assertions” in Defendants’ reply brief (Filing No. 404) which will provide the court with a
full and accurate record. (Filing No. 405 at p. 1). However, as Defendants have pointed
out in their brief opposing this motion, each issue addressed in Plaintiff’s proposed
sur-reply was raised in Defendants’ initial brief (Filing No. 375) in support of the motion
for summary judgment. Plaintiff’s proposed sur-reply brief appears to be a restatement of
its arguments in its brief in opposition (Filing No. 390). Accordingly,
IT IS ORDERED: Plaintiff’s Motion for Leave to File Sur-Reply Brief in
Opposition to Defendants’ Motion for Summary Judgment (Filing No. 405) is denied.
DATED: August 12, 2016.
BY THE COURT:
s/ F.A. Gossett
United States Magistrate Judge