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ACI Worldwide Corp. v. Mastercard Technologies, LLC

United States District Court, D. Nebraska

March 18, 2016

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

SIXTH AMENDED ORDER SETTING FINAL PROGRESSION OF CASE

F.A. Gossett, United States Magistrate Judge

The Court has reviewed the parties’ Motion for Entry of Sixth Amended Order Setting Final Progression of Case (Filing No. 321) 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), second amended progression order (Filing No. 179), third amended progression order (Filing No. 191), fourth amended progression order (Filing No. 195), and fifth amended progression order (Filing No. 233) remain unchanged, except where amended by the following:

1. Motions for Summary Judgment. Motions for summary judgment shall be filed not later than January 6, 2017. 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 September 16, 2016.
b. Expert Deposition Deadline. All expert depositions, whether or not they are intended to be used at trial, shall be completed by December 16, 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 Monday, February 1, 2016. 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.
By March 14, 2016, the parties shall jointly submit to the Court any agreed-upon, proposed source code protective order(s), or, if agreement among the parties cannot be reached, the parties shall file any motions regarding any proposed source code protective orders.
The parties shall serve final productions of documents and any other items formally requested through discovery by May 2, 2016.
The parties shall serve supplements to answers to interrogatories, and responses to requests for production, based on discovery then available to the parties, by July 1, 2016.
The parties shall file any Discovery Motions no later than August 1, 2016. Any opposition briefs and evidence indices to any such motions shall be filed within 10 calendar days (inclusive of the “three-day mailing rule”) of the filing of said motions, and any reply briefs and evidence indices shall be filed within 7 calendar days (inclusive of the “three-day mailing rule”) of the filing of opposition briefs and ...

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