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

Filing 487

ORDER regarding JOINT STIPULATION FOR DISMISSAL 486 is approved and action is dismissed with prejudice. Any pending motions are terminated. The protective orders entered in this case at Nos. 290 and 332 shall remain in full effect followi ng the dismissal of the case and the protective order entered at No. 123 shall remain in full effect following the dismissal of the case subject to modifications. The court will not assess costs or attorney's fees. Ordered by Chief Judge Laurie Smith Camp. (CCB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

ACI WORLDWIDE CORP.,
Plaintiff,

8:14CV31

vs.
ORDER OF DISMISSAL
MASTERCARD TECHNOLOGIES, LLC,
and MASTERCARD INTERNATIONAL,
Incorporated;
Defendants.

This matter is before the Court on the parties’ Stipulation of Dismissal, ECF No.
486. The Stipulation complies with Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and
the Court concludes that it should be approved. The above-captioned action will be
dismissed with prejudice, and the Court will not assess costs or attorney’s fees. Per the
stipulation of the parties, the protective orders entered in this case at ECF Nos. 290 and
332 shall remain in full effect following the dismissal of the case. The protective order
entered at ECF No. 123 shall similarly remain in full effect, subject to the following
modification:
The parties’ counsel shall be permitted to maintain after dismissal, and
MasterCard shall not oppose ACI’s use of, any court filings or discovery (including
Answers to Interrogatories, Responses to Requests for Production of Documents and
responsive documents produced, documents obtained via subpoena, ACI’s expert
reports, etc.) and any depositions taken in connection with the Federal Litigation,
including deposition exhibits, in any proceeding against BHMI, subject to the existing

protective orders to guard against public disclosure. Nothing herein will limit
MasterCard’s right to object to future discovery requests issued to MasterCard.
Accordingly,
IT IS ORDERED:
1. The Stipulation of Dismissal, ECF No. 486, is approved;
2. The above-captioned action is dismissed with prejudice;
3. Any pending motions are terminated;
4. The protective orders entered in this case at ECF Nos. 290 and 332 shall
remain in full effect following the dismissal of the case;
5. The protective order entered at ECF No. 123 shall remain in full effect
following the dismissal of the case, subject to the following modification:
The parties’ counsel shall be permitted to maintain after dismissal, and
MasterCard shall not oppose ACI’s use of, any court filings or discovery
(including Answers to Interrogatories, Responses to Requests for
Production of Documents and responsive documents produced,
documents obtained via subpoena, ACI’s expert reports, etc.) and
depositions taken in connection with the Federal Litigation, including
deposition exhibits, in any proceeding against BHMI, subject to the
existing protective orders to guard against public disclosure. Nothing
herein shall limit MasterCard’s right to object to future discovery requests
issued to MasterCard; and
6. The Court will not assess costs or attorney’s fees.

Dated this 2nd day of March, 2017.

BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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