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ACI Worldwide Corp. v. Mastercard Technologies, LLC

United States District Court, D. Nebraska

July 24, 2015

ACI WORLDWIDE CORP., Plaintiff,
v.
MASTERCARD TECHNOLOGIES, LLC and MASTERCARD INTERNATIONAL INCORPORATED, Defendants.

SECOND AMENDED ORDER SETTING FINAL PROGRESSION OF CASE

F.A. GOSSETT, III, Magistrate Judge.

The Court has reviewed the Parties' Joint Motion and Stipulation Regarding Amended Order Setting Final Progression of Case (#178) and finds that the case progression deadlines for the above-captioned litigation should be revised.

IT IS THEREFORE ORDERED that the provisions of the Court's earlier, initial progression order (Filing No. 39) remain in effect, and the deadlines set forth in the amended progression order (Filing No. 125) remain unchanged, except where amended by the following:

1. Motions for Summary Judgment. Motions for summary judgment shall be filed not later than Tuesday, February 16, 2016. See NECivR 56.1 and 7.0.1.
2. Deposition Limitation. The parties stipulation in the Rule 26(f) Report (Filing No. 38) regarding Rule 30(b)(6) and expert depositions is unaffected by this order. ( See Filing No. 38, p.33). Further, Plaintiff may take fifteen (15) fact witness depositions, and the Defendants collectively may take fifteen (15) fact witness depositions.
3. Discovery Deadlines:
a. Non-Expert Deposition Deadline. All non-expert depositions, whether or not they are intended to be used at trial, shall be completed by Friday, October 2, 2015.
b. Expert Deposition Deadline. All expert depositions, whether or not they are intended to be used at trial, shall be completed by Thursday, January 14, 2016.
c. Written Discovery Deadline. All interrogatories, requests for admission and requests for production or inspection, whether or not they are intended to be used at trial, shall be completed by Thursday, June 11, 2015. Counsel may stipulate to extensions of time to respond to discovery requests in accordance with Fed.R.Civ.P. 29, but such extensions shall not extend any of the dates in this order; any request to extend the deadlines of this order shall be sought by motion.
d. Discovery Motions. Discovery motions shall be filed not later than Monday, July 13, 2015 as to matters which are then ripe for decision; discovery matters arising after that date may be the subject of motions until the deposition deadline. Counsel are reminded of the provisions of NECivR 7.0.1(i).
4. Disclosure of Expert Witnesses.[1] Each plaintiff, counter-claimant, and cross-claimant shall, as soon as practicable but not later than Friday, October 16, 2015, serve all opposing parties with the statement required by Fed.R.Civ.P. 26(a)(2) regarding each expert witness it expects to call to testify at trial pursuant to the provisions of Rule 702, 703 or 705, Fed. Rules of Evidence. Each defendant, counter-defendant, and cross-defendant shall serve its statement of the expert witnesses it expects to call to testify pursuant to Rule 702, 703 or 705, Fed. Rules of Evidence, pursuant to Fed.R.Civ.P. 26(a)(2) as soon thereafter as practicable, but not later than Monday, November 16, 2015. If necessary to refute the disclosed opinions of an expert witness of an opponent, a plaintiff, counter-claimant, or cross-claimant may disclose additional expert witnesses not later than Monday, December 14, 2015, provided that the disclosing party then provides all of the information described in Fed.R.Civ.P. Rule 26(a)(2) and makes the expert witness available for deposition prior to the date set for completion of depositions. Supplementation of these disclosures, if originally made prior to these deadlines, shall be made on these deadlines as to any information for which supplementation is addressed in Fed.R.Civ.P. 26(e). The testimony of the expert at trial shall be limited to the information disclosed in accordance with this paragraph.
5. Pretrial Disclosures. Pursuant to Fed.R.Civ.P. 26(a)(3), each party shall serve opposing counsel and file a redacted version as applicable with the following information regarding the evidence it may present at trial other than solely for impeachment purposes as soon as practicable but not later than the date specified:
a. Nonexpert Witnesses - A pleading disclosing the name, address and telephone number[2] of each witness, separately identifying those whom the party expects to present and those whom the party may call if the need arises shall be served and filed on or before Thursday, April 14, 2016.
b. Deposition Testimony and Discovery - The designation of discovery testimony and discovery responses intended to be utilized at trial is not required for this case. Motions to require such designations may be filed not ...

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