ACI Worldwide Corp. v. MasterCard Technologies, LLC et al
Filing
423
MEMORANDUM AND ORDER - Plaintiff ACI Worldwide Corp.'s Objection to Magistrate Judges Order (Filing No. 420 ) is overruled. Ordered by Chief Judge Laurie Smith Camp. (GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ACI WORLDWIDE CORP.,
Plaintiff,
8:14CV31
vs.
MASTERCARD TECHNOLOGIES, LLC,
AND MASTERCARD INTERNATIONAL,
Incorporated;
MEMORANDUM
AND ORDER
Defendants.
This matter is before the Court on the Objection to Magistrate Judge’s Order
(“Objection”) (Filing No. 420), filed by Plaintiff ACI Worldwide Corp. (“ACI”). ACI objects
to Magistrate Judge Gossett’s Order (“Order”) (Filing No. 412) denying its Motion for
Leave to File Sur-Reply (Filing No. 405). The proposed sur-reply concerns Defendants’
Motion for Summary Judgment (Filing No. 374).
ACI asserts that its Objection should be sustained because the Order was clearly
erroneous. 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). ACI argues that leave to file a sur-reply is
necessary to respond to several inaccuracies in Defendants’ reply brief.
Judge
Gossett’s Order determined that “Plaintiff’s proposed sur-reply brief appears to be a
restatement of its arguments in its brief in opposition.” (Filing No. 412.) This Court
agrees and finds that the Order is not clearly erroneous.
ACI’s Objection will be
overruled. Accordingly,
IT IS ORDERED:
Plaintiff ACI Worldwide Corp.’s Objection to Magistrate
Judge’s Order (Filing No. 420) is overruled.
Dated this 13th day of September, 2016
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
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