ACI Worldwide Corp. v. Churchill Lane Associates, LLC
Plaintiff: ACI Worldwide Corp.
Defendant: Churchill Lane Associates, LLC
Case Number: 8:2014cv00249
Filed: August 20, 2014
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Laurie Smith Camp
Presiding Judge: F.A. Gossett
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 2201 Declaratory Judgement
Jury Demanded By: None
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Date Filed Document Text
April 3, 2019 Opinion or Order Filing 278 MEMORANDUM AND ORDER - The Objection to Magistrate Judge Order, ECF No. 260 , is overruled. The Motion for Leave to Supplement the Record, ECF No. 277 , is denied. Ordered by Senior Judge Laurie Smith Camp. (KLF)
March 4, 2019 Opinion or Order Filing 258 MEMORANDUM AND ORDER - The Motion for Partial Summary Judgment, ECF No. 228 , filed by Defendant Churchill Lane Associates, LLC, is granted, in part, as follows: a. The Mutual Termination agreements, ECF No. 231 -1, Page ID 3197-3215, executed by A CI and its Affiliates did not eliminate ACI's obligations, or Churchill's rights, under the post-termination royalty provision of § 9.3 of the License Agreement. b. Churchill is entitled to partial summary judgment on its breach of con tract claim in the amount of $967,736.02, exclusive of interest, for royalties due under the License Agreement prior to its termination. The Motion for Partial Summary Judgment is otherwise denied. The Motions to Exclude Opinion Testimony, ECF Nos. 234 & 237 , filed by Plaintiff ACI Worldwide Corp., are denied. The Motion for Hearing, ECF No. 246 , is denied as moot. Ordered by Senior Judge Laurie Smith Camp. (KLF)
August 20, 2018 Opinion or Order Filing 208 ORDER - Churchill's Renewed Motion to Compel Post-Termination Royalty Discovery (Filing No. 205 ) is granted, as set forth above. Within twenty-one (21) days of this Order, ACI shall supplement is document production as set forth in this Order. (Attachments: # 1 Exhibit A, # 2 Exhibit B) Ordered by Magistrate Judge Michael D. Nelson. (KLF)
June 19, 2018 Opinion or Order Filing 201 MEMORANDUM AND ORDER - IT IS ORDERED: The Statement of Objections, ECF No. 195 , to Magistrate Judge Michael D. Nelsons Order, filed by Defendant Churchill Associates, LLC, is overruled. Ordered by Chief Judge Laurie Smith Camp. (TCL)
March 23, 2018 Opinion or Order Filing 190 ORDER - IT IS ORDERED: ACI shall produce the master agreements with attachments responsive to Request for Production No. 82 on or before March 30, 2018. ACI shall complete its supplemental rolling production of documents responsive to the remaining Requests for Production, as discussed during the telephone conference and set forth above, on or before April 13, 2018. The parties shall file an updated joint status report regarding ACI's production of documents by April 27, 2018. The parties shall contact the undersigned magistrate judge's chambers after preparing the joint status report to schedule a telephone conference to discuss any outstanding discovery disputes. Churchill's Motion to Compel Post-Termination Royalty Discov ery (Filing No. 135 ) is denied without prejudice to reassertion after it reviews ACI's supplemental production and after the telephone conference in paragraph 4 is held. Additional briefing on issues previously raised and addressed in briefing on the Motion to Compel will not be permitted without leave of Court. Motions concerning discovery disputes shall not be filed without first contacting the chambers of the undersigned magistrate judge to set a conference to discuss the parties dispute. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
February 8, 2018 Opinion or Order Filing 183 ORDER - The parties shall meet and confer to attempt to resolve the outstanding discovery issues raised in Churchill Lane Associates' Motion to Compel (Filing No. 135 ). On or before February 23, 2018, the parties shall file a joint status repo rt advising the court what, if any, discovery issues raised in Churchill's Motion to Compel still require court intervention and, if so, whether the parties desire supplemental briefing in light of the Memorandum and Order (Filing No. 182 ). Ordered by Magistrate Judge Michael D. Nelson. (KLF)
February 7, 2018 Opinion or Order Filing 182 MEMORANDUM AND ORDER - The Motion for Partial Summary Judgment, ECF No. 150 , filed by Plaintiff ACI Worldwide Corp., is denied, as follows: a. The portion of the motion that asks the Court to find that "when ACI validly terminated the License Agreement on July 21, 2014, the rights granted to and the obligations assumed by both ACI and the ACI Affiliates likewise terminated" is denied with prejudice; b. The motion is otherwise denied without prejudice to reassertion. The Motion to Den y or Defer Ruling, ECF No. 159 , on the Motion for Partial Summary Judgment, filed by Defendant Churchill Lane Associates, LLC, is granted. The Objection to Declarations of La Dell Diaz, Jerod L. Sands, and Minja Herian, ECF No. 175 , filed by Defendant Churchill Lane Associates, LLC, is overruled without prejudice to reassertion. Ordered by Chief Judge Laurie Smith Camp. (KLF)
September 29, 2017 Opinion or Order Filing 143 ORDER - ACI shall have an extension of time to October 16, 2017, to file a response to Churchill's Motion to Compel (Filing No. 135 ). Churchill may file a reply to the response on or before October 30, 2017. The Court will set the remaining ca se progression deadlines, including those related to discovery, summary judgment motions, expert disclosures, pretrial disclosures, and motions in limine, and a trial date, after ruling on the Motion to Compel. Ordered by Magistrate Judge Michael D. Nelson. (KLF)
September 15, 2017 Opinion or Order Filing 134 MEMORANDUM AND ORDER The Statement of Objections to Magistrate Judge's Order, ECF No. 129 , filed by Plaintiff ACI Worldwide Corp., is overruled. Ordered by Chief Judge Laurie Smith Camp. (KLF)
August 22, 2017 Opinion or Order Filing 131 ORDER - Within five (5) days of the Court's ruling on ACI's Objections (Filing No. 129 ), counsel for the parties shall confer regarding the outstanding discovery motions and whether said motions are to be abandoned in whole or in part, wh ether they are to be treated as fully submitted, or whether further briefing is necessary. Within ten (10) days of the Court's ruling on ACI's Objections, counsel for the parties shall submit to the undersigned magistrate judge a proposed progression order for any remaining discovery and final disposition of the case. Ordered by Magistrate Judge Michael D. Nelson. (KLF)
August 4, 2017 Opinion or Order Filing 126 ORDER - Plaintiff's Motion to Amend Complaint and Answer to Defendant's Counterclaim (Filing No. 81 ) is denied. Ordered by Magistrate Judge Michael D. Nelson. (KLF)
May 2, 2017 Opinion or Order 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)
December 30, 2015 Opinion or Order Filing 107 ORDER that plaintiff's Motion for Leave to File a Supplemental Brief in Connection with its Pending Summary Judgment Motion 103 is granted. Plaintiff shall file its Supplemental Brief no later than December 31, 2015. Plaintiff has informed th e Court that its Motion for Summary Judgment is ripe for adjudication, 102 . Therefore, the Court will not address Plaintiff's Motion to Amend Complaint 81 at this time. All discovery motions now pending in this case 64 , 87 , and 104 wil l be held in abeyance pending rulings on Plaintiff's Motion for Summary Judgment 58 and Defendant's Motion for Partial Summary Judgment 30 . Also, the deposition deadline and the deadlines for disclosure of fact witnesses and trial exhibits will be reset, if necessary, following those rulings. Ordered by Magistrate Judge F.A. Gossett. (KLF)
December 3, 2015 Opinion or Order Filing 90 ORDER that the pretrial conference and trial are continued. New dates forthe pretrial conference and trial will be established following a ruling on the motions currently pending before the Court. The Clerk of Court is directed to remove the current pretrial conference and trial dates from the Court's calendar. Ordered by Magistrate Judge F.A. Gossett. (KLF)
October 9, 2014 Opinion or Order Filing 10 STIPULATED PROTECTIVE ORDER. Ordered by Magistrate Judge F.A. Gossett. (TCL )
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Plaintiff: ACI Worldwide Corp.
Represented By: Minja Herian
Represented By: Gregory C. Scaglione
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Defendant: Churchill Lane Associates, LLC
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