ACI Worldwide Corp. v. Churchill Lane Associates, LLC

Filing 120

ORDER - Churchill shall file a supplemental brief in opposition to ACI's Motion to Amend Complaint on or before May 16, 2017. ACI shall file a response, if any, on or before May 26, 2017. In the event that Churchill determines a reply is necessa ry, it shall file one on or before June 5, 2017. All pending discovery motions (Filing Nos. 64 , 87 , and 104 ) which were held in abeyance by the Court by its Order dated December 30, 2015, will continue to be held in abeyance pending the Court&# 039;s decision on ACI's Motion to Amend Complaint 81 . Within five days of the Court's ruling on ACI's Motion to Amend Complaint, counsel for the parties shall confer regarding the outstanding discovery motions and whether said motion s are to be abandoned in whole or in part, whether they are to be treated as fully submitted, or whether further briefing is necessary. Within ten days of the Court's ruling on ACI's Motion to Amend Complaint, counsel for the parties shall submit a proposed progression order for any remaining discovery and final disposition of the case. ACI's Motion in Limine (Filing No. 96 ) is moot and shall be deemed abandoned by ACI for the reason that Churchill has indicated it does not intend to call Mr. Clyde as an expert witness at trial. The Clerk of Court is directed to reopen the Motion to Amend Complaint at Filing No. 81 and reset the deadlines in accordance with this Order. Ordered by Magistrate Judge F.A. Gossett. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ACI WORLDWIDE CORP.,
Plaintiff,
v.
CHURCHILL LANE ASSOCIATES,
LLC,
Defendant.

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Case No. 8:14CV249
ORDER

This matter comes before the Court after a status conference held with
counsel for the parties on April 14, 2017, following the judgment and mandate
from the United States Court of Appeals for the Eighth Circuit.

The Court

directed the parties to submit a joint proposed progression schedule.
At this time, the parties agree that the Court’s ruling on ACI’s Motion to
Amend Complaint (Filing No. 81), filed on November 13, 2015, will determine
the scope of any remaining discovery. The parties previously submitted briefs
(Filing Nos. 82, 86, and 92) on the Motion to Amend, which was fully submitted
as of December 10, 2015.

The parties have agreed to submit supplemental

briefs in support of and opposition to ACI’s Motion to Amend Complaint, and
will submit a further proposed progression order to the Court within ten days
after it rules on the Motion to Amend. Accordingly,
IT IS ORDERED:
1.

Churchill shall file a supplemental brief in opposition to ACI’s Motion

to Amend Complaint on or before May 16, 2017.

2.

ACI shall file a response, if any, on or before May 26, 2017.

3.

In the event that Churchill determines a reply is necessary, it shall

file one on or before June 5, 2017.
4.

All pending discovery motions (Filing Nos. 64, 87, and 104) which

were held in abeyance by the Court by its Order dated December 30, 2015,
will continue to be held in abeyance pending the Court’s decision on ACI’s
Motion to Amend Complaint.
5.

Within five days of the Court’s ruling on ACI’s Motion to Amend

Complaint, counsel for the parties shall confer regarding the outstanding
discovery motions and whether said motions are to be abandoned in whole or
in part, whether they are to be treated as fully submitted, or whether further
briefing is necessary. Within ten days of the Court’s ruling on ACI’s Motion to
Amend Complaint, counsel for the parties shall submit a proposed progression
order for any remaining discovery and final disposition of the case.
6.

ACI’s Motion in Limine (Filing No. 96) is moot and shall be deemed

abandoned by ACI for the reason that Churchill has indicated it does not
intend to call Mr. Clyde as an expert witness at trial.
7.

The Clerk of Court is directed to reopen the Motion to Amend

Complaint at Filing No. 81 and reset the deadlines in accordance with this Order.

DATED: May 2, 2017.
s/ F.A. Gossett, III
United States Magistrate Judge

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