ACI Worldwide Corporation v. Keybank National Association
| ACI Worldwide Corporation |
| KeyCorp. and Keybank National Association |
| Judge Donald L Cabell |
| 1:2017cv10662 |
| April 19, 2017 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Suffolk |
| Jennifer C Boal |
| Indira Talwani |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on January 4, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 166 STIPULATION of Dismissal with Prejudice by ACI Worldwide Corporation. (Armiger, Jason) |
| Filing 165 Judge Indira Talwani: ORDER entered. 30 DAY SETTLEMENT ORDER OF DISMISSAL. (Kelly, Danielle) |
| Filing 164 NOTICE of Settlement by All Defendants (Slater, James) |
| Filing 163 NOTICE by KeyCorp., Keybank National Association of Scheduling Private Mediation (Slater, James) |
| Filing 162 Set/Reset Scheduling Order Deadlines: Ready for Trial on 2/1/2021 09:00 AM before Judge Indira Talwani. Exact trial date, courtroom, and length of trial day to be determined. (MacDonald, Gail) |
| Filing 161 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Initial Pretrial Conference held on 10/22/2020. Case called. Parties to jointly report if any private mediation is scheduled. Case marked Trial Ready for Feb., 2021. Pretrial Order to issue upon setting of trial date. Parties report trial of 2-3 weeks. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Jason E. Armiger, Kevin T. Peters, James A. Slater, Daniel R. Warren) (MacDonald, Gail) |
| Filing 160 ELECTRONIC NOTICE of Hearing. Initial Pretrial Conference set for 10/22/2020 02:15 PM by teleconference before Judge Indira Talwani. Teleconference #: (888)-808-6929 access code: 8523158 (MacDonald, Gail) |
| Filing 159 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. The court ACCEPTS AND ADOPTS the Magistrate Judge's Report and Recommendation #144 in whole. KeyBank's Motion for Partial Summary Judgment #123 is GRANTED and ACIs Motion for Partial Summary Judgment #120 is GRANTED in part and DENIED in part. Please see attached Order. (Kelly, Danielle) |
| Filing 158 Judge Indira Talwani: ELECTRONIC ORDER DENYING Plaintiff's Motion for Leave to File Reply Brief #155 . The court treats the motion #155 as a reply. No further briefing is necessary at this time. (Kelly, Danielle) |
| Filing 157 Opposition re #155 MOTION for Leave to File Reply Brief filed by KeyCorp., Keybank National Association. (Slater, James) |
| Filing 156 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #155 MOTION for Leave to File Reply Brief by Kevin T. Peters on behalf of ACI Worldwide Corporation. (Peters, Kevin) |
| Filing 155 MOTION for Leave to File Reply Brief by ACI Worldwide Corporation.(Peters, Kevin) |
| Filing 154 REPLY TO OBJECTION to #144 Report and Recommendations filed by KeyCorp., Keybank National Association. (Slater, James) |
| Filing 153 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #152 Assented to Motion for Extension of Time to 5/7/2020 to File Response/Reply as to #151 Objection to Report and Recommendations and to Exceed Page Limitations. (Kelly, Danielle) |
| Filing 152 Assented to MOTION for Extension of Time to 5/7/2020 to File Response/Reply as to #151 Objection to Report and Recommendations and to Exceed Page Limitations by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 151 OBJECTION to #144 Report and Recommendations filed by ACI Worldwide Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Peters, Kevin) |
| Filing 150 Judge Indira Talwani: ELECTRONIC ORDER: counsel having committed to being concise and to-the-point, Plaintiff's Motion for Leave to Enlarge Page Limitation to Up to 40 pages #149 is ALLOWED. The Objections shall include a table of contents and table of authorities, which shall not count to the page limit. (Kelly, Danielle) |
| Filing 149 MOTION for Leave to File Excess Pages (40 Pages) for Plaintiff's Rule 72 Objection by ACI Worldwide Corporation.(Armiger, Jason) |
| Filing 148 Judge Indira Talwani: ELECTRONIC ORDER: ALLOWING #145 Joint Motion for Extension of Time to March 30, 2020 for ACI and April 30, 2020 for KeyBank to File a Rule 72 Objection and Opposition. (Kelly, Danielle) |
| Filing 147 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 146 Transcript of Motion Hearing held on February 12, 2020, before Magistrate Judge Jennifer C. Boal. The Transcript may be purchased through Janice Russell at trussell31@tdsmail.com, viewed at the public terminal, or viewed through PACER after it is released. No Reporter Used. Digital Recording transcribed by Janice Russell. Redaction Request due 3/27/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/4/2020. (Scalfani, Deborah) |
| Filing 145 Joint MOTION for Extension of Time to March 30, 2020 for ACI and April 30, 2020 for KeyBank to File a Rule 72 Objection and Opposition, Respectively by ACI Worldwide Corporation.(Armiger, Jason) |
| Filing 144 Magistrate Judge Jennifer C. Boal: ORDER entered. REPORT AND RECOMMENDATIONS re #120 MOTION for Partial Summary Judgment filed, #123 MOTION for Partial Summary Judgment . Recommendation: the District Judge grant KeyBank's motion for partial summary judgment in its favor and dismiss ACI's claims of fraud (Count II), conspiracy (Count III), breach of contract with respect to confidentiality (Count VI), and breach of contract with respect to continued use (Count VII), and limit KeyBank's liability for damages (with respect to Counts IV and V) in accordance with the limitations of liability clause of the EB agreement. This Court further recommends that the District Judge grant in part ACI's motion and strike KeyBank's defense of unconscionability, and deny ACI's motion in all other respects. If the District Judge adopts this Court's recommendation, only Count I, with respect to the OLB agreement, remains for trial. Objections to R&R due by 3/13/2020 (York, Steve) |
| Filing 143 Notice of Supplemental Authorities re #123 MOTION for Partial Summary Judgment filed by KeyCorp., Keybank National Association. (Slater, James) |
| Filing 142 Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Motion Hearing held on 2/12/2020 re #120 Motion for Partial Summary Judgment and #123 Motion for Partial Summary Judgment . The Court heard arguments from the parties and took the matter under advisement. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov. (Attorneys present: Peters & Armiger for the plaintiff; Warren & Slater for defendants;) (York, Steve) |
| Filing 141 ELECTRONIC NOTICE Setting Hearing on Motion re: #120 Motion for Partial Summary Judgment and #123 Motion for Partial Summary Judgment. A Motion Hearing is set for February 12, 2020 at 11:30 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve) |
| Filing 140 ELECTRONIC NOTICE Canceling Motion Hearing. The Motion Hearing previously scheduled for November 20, 2019 at 3:00 p.m. before Magistrate Judge Jennifer C. Boal is now canceled. The Court will reschedule this hearing at a later date. (York, Steve) |
| Filing 139 ELECTRONIC NOTICE Resetting Hearing on Motions re #120 MOTION for Partial Summary Judgment and #123 MOTION for Partial Summary Judgment. The Motion Hearing has been rescheduled for November 20, 2019 at 3:00 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. Please Note: TIME CHANGE ONLY. (York, Steve) |
| Filing 138 ELECTRONIC NOTICE Setting Hearing on Motions re #120 MOTION for Partial Summary Judgment , #123 MOTION for Partial Summary Judgment . A Motion Hearing is set for November 20, 2019 at 2:30 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve) |
| Filing 137 REPLY to Response to #123 MOTION for Partial Summary Judgment filed by KeyCorp., Keybank National Association. (Attachments: #1 Appendix Appx GGGGG - Boucheron, #2 Appendix Appx HHHHH - Brady, #3 Appendix Appx IIIII - Ex 123, #4 Appendix Appx JJJJJ - Zwolak, #5 Appendix Appx KKKKK - Behrens (expert))(Slater, James) |
| Filing 136 Statement of Material Facts L.R. 56.1 re #120 MOTION for Partial Summary Judgment (Consolidated) filed by ACI Worldwide Corporation. (Attachments: #1 Exhibit MM, #2 Exhibit NN, #3 Exhibit OO, #4 Exhibit PP, #5 Exhibit QQ, #6 Exhibit RR, #7 Exhibit SS, #8 Exhibit TT, #9 Exhibit UU, #10 Exhibit VV, #11 Exhibit WW, #12 Exhibit XX, #13 Exhibit YY, #14 Exhibit ZZ, #15 Exhibit AAA, #16 Exhibit BBB, #17 Exhibit CCC, #18 Exhibit DDD)(Peters, Kevin) |
| Filing 135 REPLY to Response to #120 MOTION for Partial Summary Judgment filed by ACI Worldwide Corporation. (Peters, Kevin) |
| Filing 134 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting in part and denying in part #133 motion for leave to file excess pages. Defendants may file a reply brief not to exceed twenty pages in length. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Garvin, Brendan) |
| Filing 133 Joint MOTION for Leave to File Excess Pages by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 132 Counter Statement of Material Facts L.R. 56.1 re #120 MOTION for Partial Summary Judgment filed by KeyCorp., Keybank National Association. (Attachments: #1 Appendix Appx. R-A-Ex 10, #2 Appendix Appx. R-B-Ex 82, #3 Appendix Appx. R-C-Ex 320, #4 Appendix Appx. R-D-Ex 2, #5 Appendix Appx. R-E-Ex 1, #6 Appendix Appx. R-F-Vega, #7 Appendix Appx. R-G-Crowell, #8 Appendix Appx. R-H-Wilmot (individual), #9 Appendix Appx. R-I-Saks (expert), #10 Appendix Appx. R-J-Ex 340, #11 Appendix Appx. R-K-Ex 336, #12 Appendix Appx. R-L-Invoice, #13 Appendix Appx. R-M-Wilmot 30b6, #14 Appendix Appx. R-N-Ex 227, #15 Appendix Appx. R-O-Heasley, #16 Appendix Appx. R-P-Ex 236, #17 Appendix Appx. R-Q-Saks (individual), #18 Appendix Appx. R-R-Ex 338, #19 Appendix Appx. R-S-Polino, #20 Appendix Appx. R-T-Koul, #21 Appendix Appx. R-U-Ex 220, #22 Appendix Appx. R-V-Ex 230, #23 Appendix Appx. R-W-Ex 26, #24 Appendix Appx. R-X-2006 OLB Renewal, #25 Appendix Appx. R-Y-Manly, #26 Appendix Appx. R-Z-Hlivko, #27 Appendix Appx. R-AA-Crosby, #28 Appendix Appx. R-BB-Ex 259, #29 Appendix Appx. R-CC-Kontul 30b6, #30 Appendix Appx. R-DD-Ex 263, #31 Appendix Appx. R-EE-Ex 278, #32 Appendix Appx. R-FF-Ex 157, #33 Appendix Appx. R-GG-Verburg, #34 Appendix Appx. R-HH-Ex 211, #35 Appendix Appx. R-II-Stumler, #36 Appendix Appx. R-JJ-Ex 46, #37 Appendix Appx. R-KK-Ex 245, #38 Appendix Appx. R-LL-Boucheron, #39 Appendix Appx. R-MM-Ex 56, #40 Appendix Appx. R-NN-Droney, #41 Appendix Appx. R-OO-Freundlich, #42 Appendix Appx. R-PP-Lerner, #43 Appendix Appx. R-QQ-Ex 223, #44 Appendix Appx. R-RR-Ex 241, #45 Appendix Appx. R-SS-Ex 63, #46 Appendix Appx. R-TT-Ex 121, #47 Appendix Appx. R-UU-Ex 243, #48 Appendix Appx. R-VV-Ex 246, #49 Appendix Appx. R-WW-Ex 31, #50 Appendix Appx. R-XX-Devine, #51 Appendix Appx. R-YY-Ex 55, #52 Appendix Appx. R-ZZ-Ex 59, #53 Appendix Appx. R-AAA-Mortimer, #54 Appendix Appx. R-BBB-Ex 253, #55 Appendix Appx. R-CCC-Ex 78, #56 Appendix Appx. R-DDD-Gorman, #57 Appendix Appx. R-EEE-Behrens (expert), #58 Appendix Appx. R-FFF-Ex 324, #59 Appendix Appx. R-GGG-Kontul (individual), #60 Appendix Appx. R-HHH-Zwolak, #61 Appendix Appx. R-III-Ex 102, #62 Appendix Appx. R-JJJ-Ex 35, #63 Appendix Appx. R-LLL-Ex 99, #64 Appendix Appx. R-MMM-Merger Agmt, #65 Appendix Appx. R-NNN-Ex 47, #66 Appendix Appx. R-OOO-Brady, #67 Affidavit Appx. R-PPP-Ex 124, #68 Appendix Appx. R-QQQ-Ex 311, #69 Appendix Appx. R-RRR-Ex 57, #70 Appendix Appx. R-SSS-Ex 279, #71 Appendix Appx. R-TTT-Ex 39, #72 Appendix Appx. R-UUU-Ex 201, #73 Appendix Appx. R-VVV-Ex 319, #74 Appendix Appx. R-WWW-Behrens 30b6, #75 Appendix Appx. R-XXX-June 7, 2018 Email, #76 Appendix Appx. R-YYY-Ex 337, #77 Appendix Appx. R-ZZZ-Ex 280, #78 Appendix Appx. R-AAAA-Ex 45, #79 Appendix Appx. R-BBBB-Ex 43, #80 Appendix Appx. R-CCCC-Ex 42, #81 Appendix Appx. R-DDDD-Ex 41, #82 Appendix Appx. R-EEEE-Ex 53, #83 Appendix Appx. R-FFFF-Ex 60, #84 Appendix Appx. R-GGGG-Ex 205, #85 Appendix Appx. R-HHHH-Ex 48, #86 Appendix Appx. R-IIII-Ex 49, #87 Appendix Appx. R-JJJJ-Ex 51, #88 Appendix Appx. R-KKKK-Ex 50, #89 Appendix Appx. R-LLLL-Ex 54, #90 Appendix Appx. R-MMMM-Ex 215, #91 Appendix Appx. R-NNNN-Ex 61, #92 Appendix Appx. R-OOOO-May 2, 2018 Email, #93 Appendix Appx. R-PPPP-Ex 252, #94 Appendix Appx. R-QQQQ-Ex 244, #95 Appendix Appx. R-RRRR-Polino Decl., #96 Appendix Appx. R-SSSS-Ex 75, #97 Appendix Appx. R-TTTT-Ex 235, #98 Appendix Appx. R-UUUU-Key Compl, #99 Appendix Appx. R-VVVV-Key Dismissal, #100 Appendix Appx. R-WWWW-Ex 333, #101 Appendix Appx. R-XXXX-Kavouras Decl (second), #102 Appendix Appx. R-YYYY-Rothstein, #103 Appendix Appx. R-ZZZZ-Sowards)(Slater, James) |
| Filing 131 MEMORANDUM in Opposition re #120 MOTION for Partial Summary Judgment filed by KeyCorp., Keybank National Association. (Slater, James) |
| Filing 130 Counter Statement of Material Facts L.R. 56.1 re #123 MOTION for Partial Summary Judgment filed by ACI Worldwide Corporation. (Attachments: #1 Appendix FFFF, #2 Appendix GGGG, #3 Appendix HHHH, #4 Appendix IIII, #5 Appendix JJJJ, #6 Appendix KKKK, #7 Appendix LLLL, #8 Appendix MMMM, #9 Appendix NNNN, #10 Appendix OOOO, #11 Appendix PPPP, #12 Appendix QQQQ, #13 Appendix RRRR, #14 Appendix SSSS, #15 Appendix TTTT, #16 Appendix UUUU, #17 Appendix VVVV, #18 Appendix WWWW, #19 Appendix XXXX, #20 Appendix YYYY, #21 Appendix ZZZZ, #22 Appendix AAAAA, #23 Appendix BBBBB, #24 Appendix CCCCC, #25 Appendix DDDDD, #26 Appendix EEEEE, #27 Appendix FFFFF)(Peters, Kevin) |
| Filing 129 MEMORANDUM in Opposition re #123 MOTION for Partial Summary Judgment filed by ACI Worldwide Corporation. (Peters, Kevin) |
| Filing 128 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #127 Joint Motion for Leave to File Excess Pages for Oppositions to Motions for Summary Judgment. (York, Steve) |
| Filing 127 Joint MOTION for Leave to File Excess Pages for Oppositions to Motions for Summary Judgment by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 126 Statement of Material Facts L.R. 56.1 re #123 MOTION for Partial Summary Judgment (CORRECTED) filed by KeyCorp., Keybank National Association. (Attachments: #1 Appendix Appx A - Ex 1, #2 Appendix Appx B - Saks expert, #3 Appendix Appx C -Heasley, #4 Appendix Appx D -Boucheron, #5 Appendix Appx E -Freundlich, #6 Appendix Appx F -Behrens expert, #7 Appendix Appx G -Gorman, #8 Appendix Appx H -Ex 57, #9 Appendix Appx I -Polino Dec., #10 Appendix Appx J -Ex 2, #11 Appendix Appx K -Ex 39, #12 Appendix Appx L -Ex 279, #13 Appendix Appx M -Mortimer (Brecht Bennett), #14 Appendix Appx N -Ex 46, #15 Appendix Appx O-Vega, #16 Appendix Appx P -Ex 47, #17 Appendix Appx Q -Lerner, #18 Appendix Appx R -Ex 63, #19 Appendix Appx S -Ex 53, #20 Appendix Appx T -Stumler, #21 Appendix Appx U -Ex 55, #22 Appendix Appx V -Zwolak, #23 Appendix Appx W -Verburg, #24 Appendix Appx X -Wilmot, #25 Appendix Appx Y -Wilmot 30b6, #26 Appendix Appx Z -Droney, #27 Appendix Appx AA -Ex 245, #28 Appendix Appx BB -Ex 56, #29 Appendix Appx CC-Ex 60, #30 Appendix Appx DD-Ex 223, #31 Appendix Appx EE-Ex 215, #32 Appendix Appx FF-59, #33 Appendix Appx GG-Polino, #34 Appendix Appx HH-205, #35 Appendix Appx II-241, #36 Appendix Appx JJ-61, #37 Appendix Appx KK-121, #38 Appendix Appx LL-253, #39 Appendix Appx MM-124, #40 Appendix Appx NN-243, #41 Appendix Appx OO-Saks, #42 Appendix Appx PP-244, #43 Appendix Appx QQ-26, #44 Appendix Appx RR-Crosby, #45 Appendix Appx SS-311, #46 Appendix Appx TT-Kontul 30b6, #47 Appendix Appx UU-Kontul, #48 Appendix Appx VV-35, #49 Appendix Appx WW-Ex 99, #50 Appendix Appx XX-2006 OLB Amendment, #51 Appendix Appx YY-Ex 235, #52 Appendix Appx ZZ-82, #53 Appendix Appx AAA-Ex 333, #54 Appendix Appx BBB-Key Compl., #55 Appendix Appx CCC- Notice of Dismissal, #56 Appendix Appx DDD-Hearing Tr., #57 Appendix Appx EEE-Ex 227, #58 Appendix Appx FFF-Behrens, #59 Appendix Appx GGG-Ex 327, #60 Appendix Appx HHH-328, #61 Appendix Appx III -Ex 329, #62 Appendix Appx JJJ-330, #63 Appendix Appx LLL -Ex 3, #64 Appendix Appx MMM-10, #65 Appendix Appx NNN-Ex 320, #66 Appendix Appx OOO-336, #67 Appendix Appx PPP-73, #68 Appendix Appx QQQ-Ex 75, #69 Appendix Appx RRR-78, #70 Appendix Appx SSS-Ex 81, #71 Appendix Appx TTT-207, #72 Appendix Appx VVV- Crowell, #73 Appendix Appx WWW-313, #74 Appendix Appx XXX -Kavouras Dec., #75 Appendix Appx YYY-Floyd, #76 Appendix Appx ZZZ- Sowards, #77 Appendix Appx AAAA-324, #78 Appendix Appx BBBB - Initial Discl., #79 Appendix Appx CCCC-Invoice, #80 Appendix Appx DDDD- Ex 319, #81 Appendix Appx EEEE-Behrens 30b6)(Slater, James) |
| Filing 125 Statement of Material Facts L.R. 56.1 re #123 MOTION for Partial Summary Judgment filed by KeyCorp., Keybank National Association. (Attachments: #1 Appendix Appx A - OLB Agmt, #2 Appendix Appx B - Saks expert, #3 Appendix Appx C -Heasley, #4 Appendix Appx D -Boucheron, #5 Appendix Appx E -Freundlich, #6 Appendix Appx F -Behrens expert, #7 Appendix Appx G -Gorman, #8 Appendix Appx H -Ex 57, #9 Appendix Appx I -Polino Dec., #10 Appendix Appx J -Ex 2, #11 Appendix Appx K -Ex 39, #12 Appendix Appx L -Ex 279, #13 Appendix Appx M -Mortimer (Brecht Bennett), #14 Appendix Appx N -Ex 46, #15 Appendix Appx O-Vega, #16 Appendix Appx P -Ex 47, #17 Appendix Appx Q -Lerner, #18 Appendix Appx R -Ex 63, #19 Appendix Appx S -Ex 53, #20 Appendix Appx T -Stumler, #21 Appendix Appx U -Ex 55, #22 Appendix Appx V -Zwolak, #23 Appendix Appx W -Verburg, #24 Appendix Appx X -Wilmot, #25 Appendix Appx Y -Wilmot 30b6, #26 Appendix Appx Z -Droney, #27 Appendix Appx AA -Ex 245, #28 Appendix Appx BB -Ex 56, #29 Appendix Appx CC-Ex 60, #30 Appendix Appx DD-Ex 223, #31 Appendix Appx EE-Ex 215, #32 Appendix Appx FF-Ex 59, #33 Appendix Appx GG-Polino, #34 Appendix Appx HH-Ex 205, #35 Appendix Appx II-Ex 241, #36 Appendix Appx JJ-Ex 61, #37 Appendix Appx KK-Ex 121, #38 Appendix Appx LL-Ex 253, #39 Appendix Appx MM -Ex 124, #40 Appendix Appx NN-Ex 243, #41 Appendix Appx OO -Saks, #42 Appendix Appx PP-Ex 244, #43 Appendix Appx QQ-Ex 26, #44 Appendix Appx RR -Crosby, #45 Appendix Appx SS-Ex 311, #46 Appendix Appx TT-Kontul 30b6, #47 Appendix Appx UU-Kontul, #48 Appendix Appx VV-Ex 35, #49 Appendix Appx WW-Ex 99, #50 Appendix Appx XX-2006 OLB Amend., #51 Affidavit Appx YY-Ex 235, #52 Appendix Appx ZZ-Ex 82, #53 Appendix Appx AAA-Ex 333, #54 Appendix Appx BBB- Key Complaint, #55 Appendix Appx CCC- Notice of Dismissal, #56 Appendix Appx DDD- Hearing Tr., #57 Appendix Appx EEE-Ex 227, #58 Appendix Appx FFF-Behrens, #59 Appendix Appx GGG-Ex 327, #60 Appendix Appx HHH-Ex 328, #61 Appendix Appx III -Ex 329, #62 Appendix Appx JJJ -Ex 330, #63 Appendix Appx LLL -Ex 3, #64 Appendix Appx MMM-Ex 10, #65 Appendix Appx NNN-Ex 320, #66 Appendix Appx OOO-Ex 336, #67 Appendix Appx PPP-Ex 73, #68 Appendix Appx QQQ-Ex 75, #69 Appendix Appx RRR-Ex 78, #70 Appendix Appx SSS-Ex 81, #71 Appendix Appx TTT-Ex 207, #72 Appendix Appx VVV- Crowell, #73 Appendix Appx WWW-Ex 313, #74 Appendix Appx XXX -Kavouras Dec., #75 Appendix Appx YYY- Floyd, #76 Appendix Appx ZZZ- Sowards, #77 Appendix Appx AAAA- Ex 324, #78 Appendix Appx BBBB - Initial Discl., #79 Appendix Appx CCCC- Invoice, #80 Appendix Appx DDDD- Ex 319, #81 Appendix Appx EEEE - Behrens 30b6)(Slater, James) |
| Filing 124 MEMORANDUM in Support re #123 MOTION for Partial Summary Judgment filed by KeyCorp., Keybank National Association. (Slater, James) |
| Filing 123 MOTION for Partial Summary Judgment by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 122 Statement of Material Facts L.R. 56.1 re #120 MOTION for Partial Summary Judgment filed by ACI Worldwide Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL)(Peters, Kevin) |
| Filing 121 MEMORANDUM in Support re #120 MOTION for Partial Summary Judgment filed by ACI Worldwide Corporation. (Peters, Kevin) |
| Filing 120 MOTION for Partial Summary Judgment by ACI Worldwide Corporation.(Peters, Kevin) |
| Filing 119 STIPULATION and Agreement to Partial Judgment on Counts IV and V of Second Amended Complaint by ACI Worldwide Corporation. (Peters, Kevin) |
| Filing 118 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered. In addition to the requirements set out in Local Rule 56.1, and in order for this Court to have in hand a single document containing the parties' positions as to material facts for each motion in an easily comprehensible form, in responding to the other side's statement of material facts, each party must reprint that statement of material facts and set forth a response to each directly below the appropriate numbered paragraph. In addition to any required filing on the CM/ECF system, the parties must also email Deputy Clerk, Steve York, the resulting consolidated statements of facts for this Court's review in Microsoft Word. (York, Steve) |
| Filing 117 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #115 Assented to Motion for Leave to File Excess Pages for Memorandum in Support of Motion for Summary Judgment. (York, Steve) |
| Filing 116 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #114 Assented to Motion for Leave to File Excess Pages for Memorandum in Support of Motion for Summary Judgment. (York, Steve) |
| Filing 115 Assented to MOTION for Leave to File Excess Pages for Memorandum in Support of Motion for Summary Judgment by ACI Worldwide Corporation.(Armiger, Jason) |
| Filing 114 Assented to MOTION for Leave to File Excess Pages for Memorandum in Support of Motion for Summary Judgment by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 113 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER granting #112 motion to extend dispositive motion deadlines. Dispositive motions, such as motions for summary judgment or partial summary judgment and motions for judgment on the pleadings, must be filed by April 8, 2019. Briefs in opposition to dispositive motions must be filed by May 20, 2019, and reply briefs must be filed by June 17, 2019. No further extensions will be allowed. (York, Steve) |
| Filing 112 Joint MOTION for Extension of Time to April 8, 2019 to file dispositive motions by ACI Worldwide Corporation.(Armiger, Jason) |
| Filing 111 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER granting #110 joint motion for extension of deadlines. Expert depositions must be completed by February 22, 2019. Dispositive motions, such as motions for summary judgment or partial summary judgment and motions for judgment on the pleadings, must be filed by March 18, 2019. Briefs in opposition to dispositive motions must be filed by April 15, 2019, and reply briefs must be filed by May 13, 2019. (York, Steve) |
| Filing 110 Joint MOTION for Extension of Time to 5/13/2019 to Complete expert depositions and fully brief dispositive motions by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 109 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER granting #108 joint motion for extension of deadlines. Plaintiff's trial expert(s)' rebuttal disclosures and reports must be made by November 7, 2018. Defendant's trial expert(s)' rebuttal disclosures and reports must be made by November 30, 2018. Expert depositions must be completed by January 11, 2019. Dispositive motions, such as motions for summary judgment or partial summary judgment and motions for judgment on the pleadings, must be filed by February 1, 2019. (York, Steve) |
| Filing 108 Joint MOTION for Extension of Time to November 7, 2018 and November 30, 2018 to serve Plaintiff's trial expert(s) rebuttal disclosures and reports and Defendants' trial expert(s) rebuttal disclosures and reports, respectively by ACI Worldwide Corporation.(Armiger, Jason) |
| Filing 107 MEMORANDUM OF LAW by KeyCorp., Keybank National Association to #104 Response to Court Order. (Slater, James) |
| Filing 106 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered. re #105 Stipulation to Take Deposition After the Close of Fact Discovery. The Court grants the parties' request to take one deposition on September 7, 2018, after the close of fact discovery on August 31, 2018. (York, Steve) |
| Filing 105 STIPULATION to Take Deposition After the Close of Fact Discovery by ACI Worldwide Corporation. (Peters, Kevin) |
| Filing 104 OBJECTION by ACI Worldwide Corporation re: #101 Order on Motion for Protective Order . (Peters, Kevin) |
| Filing 103 Magistrate Judge Jennifer C. Boal: ORDER entered denying #92 Motion to Compel. (York, Steve) |
| Filing 102 Amended ANSWER to #36 Amended Complaint (Second) by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 101 Magistrate Judge Jennifer C. Boal: ORDER entered granting #82 Motion for Protective Order. (York, Steve) |
| Filing 100 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #99 Motion for Leave to File Reply in Support of Motion to Compel. (York, Steve) |
| Filing 99 MOTION for Leave to File Reply in Support of Motion to Compel (Unopposed) by KeyCorp., Keybank National Association. (Attachments: #1 Exhibit Exhibit 1 - Proposed Reply Brief)(Slater, James) |
| Filing 98 ELECTRONIC NOTICE issued requesting courtesy copy for #93 Memorandum in Support of Motion. Counsel who filed this document are requested to submit a courtesy copy of this document to the Clerk's Office by close of business 7/12/2018. These documents must be bound in a binder, clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (York, Steve) |
| Filing 97 Opposition re #92 MOTION to Compel filed by ACI Worldwide Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Armiger, Jason) |
| Filing 96 Judge Indira Talwani: ORDER entered ACCEPTING and ADOPTING the #89 Report and Recommendation. Defendants' #39 Motion to Dismiss for Failure to State a Claim is ALLOWED in part and DENIED in part. (MacDonald, Gail) |
| Filing 95 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER granting #94 joint motion for extension of deadlines. The parties have until July 20, 2018 to comply with this Court's June 15, 2018 orders. All discovery, other than expert discovery, must be completed by August 31, 2018. Plaintiff's trial expert(s) must be designated and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed September 14, 2018. Defendant's trial expert(s) must be designated and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by October 15, 2018. Plaintiff's trial expert(s)' rebuttal disclosures and reports must be made by October 31, 2018. Defendant's trial expert(s)' rebuttal disclosures and reports must be made by November 16, 2018. Expert depositions must be completed by January 11, 2019. Dispositive motions, such as motions for summary judgment or partial summary judgment and motions for judgment on the pleadings, must be filed by February 1, 2019. (York, Steve) |
| Filing 94 Joint MOTION for Extension of Time to 8/31/2018 to Complete Discovery by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 93 MEMORANDUM in Support re #92 MOTION to Compel filed by KeyCorp., Keybank National Association. (Attachments: #1 Exhibit Ex A - Key RFPs, #2 Exhibit Ex B - 6/5/18 Emails, #3 Exhibit Ex C - ACI Resp. to Key RFPs, #4 Exhibit Ex D - ACI 30b6 Objections, #5 Exhibit Ex E - Stumler Depo, #6 Exhibit Ex F - Manly Depo, #7 Exhibit Ex G - Stumler Compl., #8 Exhibit Ex H - 2/23/18 Emails, #9 Exhibit Ex I - 3/21/18 Emails, #10 Exhibit Ex J - 4/11/18 Emails, #11 Exhibit Ex K - Bennett Depo, #12 Exhibit Ex L - Crowell Subpoena, #13 Exhibit Ex M - Key 1st & 2d RFPs)(Slater, James) |
| Filing 92 MOTION to Compel by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 91 Magistrate Judge Jennifer C. Boal: ORDER entered granting in part and denying in part #71 Motion to Compel (York, Steve) |
| Filing 90 Magistrate Judge Jennifer C. Boal: ORDER entered granting in part and denying in part #58 motion to compel supplemental responses to interrogatories, #61 motion to compel supplemental responses to first request for production of documents, #77 motion to compel supplemental responses to second request for production of documents. (York, Steve) |
| Filing 89 Magistrate Judge Jennifer C. Boal: ORDER entered. REPORT AND RECOMMENDATIONS re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Keybank National Association, KeyCorp. Recommendation: This Court recommends that the District Judge grant in part and deny in part the motion to dismiss. Objections to R&R due by 6/29/2018 (York, Steve) |
| Filing 88 Opposition re #82 MOTION for Protective Order filed by ACI Worldwide Corporation. (Attachments: #1 Exhibit A)(Armiger, Jason) |
| Filing 87 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #86 Assented to Motion for Extension of Time to 6/12/18 to File Response/Reply as to #82 MOTION for Protective Order. (York, Steve) |
| Filing 86 Assented to MOTION for Extension of Time to 6/12/18 to File Response/Reply as to #82 MOTION for Protective Order by ACI Worldwide Corporation.(Armiger, Jason) |
| Filing 85 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER granting #84 joint motion for extension of time to complete depositions. All depositions, other than expert depositions, must be completed by June 30, 2018. All discovery, other than expert discovery, must be completed by June 30, 2018. Plaintiff's trial expert(s) must be designated and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by July 16, 2018. Defendant's trial expert(s) must be designated and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by August 17, 2018. Plaintiff's trial expert(s)' rebuttal disclosures and reports must be made by September 7, 2018. Defendant's trial expert(s)' rebuttal disclosures and reports must be made by October 1, 2018. Expert depositions must be completed by December 1, 2018. Dispositive motions, such as motions for summary judgment or partial summary judgment and motions for judgment on the pleadings, must be filed by January 15, 2019. (York, Steve) |
| Filing 84 Joint MOTION for Extension of Time to 6/30/2018 to complete Rule 30(b)(6) depositions by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 83 MEMORANDUM in Support re #82 MOTION for Protective Order filed by KeyCorp., Keybank National Association. (Attachments: #1 Exhibit Ex A - Mooney Decl, #2 Exhibit Ex B - 12.12.17 emails, #3 Exhibit Ex C - 5.9.18 emails, #4 Exhibit Ex D - Mooney notice, #5 Exhibit Ex E - Heasley Depo, #6 Exhibit Ex F - Key Call Transcript, #7 Exhibit Ex G - Gorman Depo, #8 Exhibit Ex H - Key Interrogatory Responses, #9 Exhibit Ex I - Kimble Depo)(Warren, Daniel) |
| Filing 82 MOTION for Protective Order by KeyCorp., Keybank National Association.(Warren, Daniel) |
| Filing 81 Opposition re #77 MOTION to Compel Supplemental Responses and the Production of Documents in Response to ACI's Second Request for Production of Documents filed by KeyCorp., Keybank National Association. (Attachments: #1 Exhibit Ex 1 - Feb 6 Ltr, #2 Exhibit Ex 2 - Feb 9 Ltr, #3 Exhibit Ex 3 - Nov 2 Ltr, #4 Exhibit Ex 4 - 2d ESI Search Terms, #5 Exhibit Ex 5 - Key ROG Responses, #6 Exhibit Ex 6 - Kontul Depo Excerpt)(Slater, James) |
| Filing 80 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 79 Transcript of Status Conference and Motion Hearing held on April 24, 2018, before Honorable Jennifer C. Boal. The Transcript may be purchased through Janice Russell at trussell31@tdsmail.com, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Janice Russell. Redaction Request due 5/23/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 7/31/2018. (Scalfani, Deborah) Modified on 5/2/2018 (Scalfani, Deborah). |
| Filing 78 MEMORANDUM in Support re #77 MOTION to Compel Supplemental Responses and the Production of Documents in Response to ACI's Second Request for Production of Documents filed by ACI Worldwide Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Armiger, Jason) |
| Filing 77 MOTION to Compel Supplemental Responses and the Production of Documents in Response to ACI's Second Request for Production of Documents by ACI Worldwide Corporation.(Armiger, Jason) |
| Filing 76 Proposed Document(s) submitted by KeyCorp., Keybank National Association. Document received: Notice of Filing and Documents for Consideration in Connection with Defendants' Motion to Dismiss. (Attachments: #1 Exhibit Exhibit A - OLB Agreement, #2 Exhibit Exhibit B - 2009 OLB Amendment, #3 Exhibit Exhibit C - 2016 OLB Amendment, #4 Exhibit Exhibit D - EB Agreement, #5 Exhibit Exhibit E - 2014 EB Amendment, #6 Exhibit Exhibit F - March 20, 2016 Transmittal Email)(Slater, James) |
| Filing 75 Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Status Conference and Motion Hearing held on 4/24/2018 re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; #61 MOTION to Compel Supplemental Responses to ACI's First Request for Production of Documents, #58 MOTION to Compel Supplemental Responses to Interrogatories, #71 MOTION to Compel (Request for Oral Argument at April 24, 2018 Hearing).The Court reviewed the status of the case with the parties. The Court also heard arguments from the parties on the pending motions and took the matter under advisement. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov. (Attorneys present: Peters & Armiger for the plaintiff; Kavouras, Warren & Slater for the defendants;) (York, Steve) |
| Filing 74 MEMORANDUM in Opposition re #71 MOTION to Compel (Request for Oral Argument at April 24, 2018 Hearing) filed by ACI Worldwide Corporation. (Armiger, Jason) |
| Filing 73 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered re #71 motion to compel and request for oral argument at April 24, 2018 hearing. The Court grants the request to hear oral argument on April 24, 2018. Any opposition to the motion shall be filed by Thursday, April 19, 2018 at noon. (York, Steve) |
| Filing 72 MEMORANDUM in Support re #71 MOTION to Compel (Request for Oral Argument at April 24, 2018 Hearing) filed by KeyCorp., Keybank National Association. (Attachments: #1 Exhibit Ex A - ACI Responses to 1st RFPs, #2 Exhibit Ex B - ACI Responses to 1st ROGs, #3 Exhibit Ex C - ACI Supplemental Responses to 1st ROGs, #4 Exhibit Ex D - ACI Responses to 2d RFPs, #5 Exhibit Ex E - ACI Responses to 2d ROGs, #6 Exhibit Ex F - 1/5/18 Emails, #7 Exhibit Ex G - 2/19/18 Email, #8 Exhibit Ex H - 4/3/18 Emails, #9 Exhibit Ex I - 4/2/18 Emails, #10 Exhibit Ex J - Key Proposed Search Terms, #11 Exhibit Ex K - ACI Revisions to Key Proposed Search Terms, #12 Exhibit Ex L - Key 3d RFPs, #13 Exhibit Ex M - 2/7/18 Emails)(Slater, James) |
| Filing 71 MOTION to Compel (Request for Oral Argument at April 24, 2018 Hearing) by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 70 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #69 joint motion to extend discovery. All depositions, other than expert depositions, must be completed by June 1, 2018. All discovery, other than expert discovery, must be completed by June 1, 2018. Plaintiff's trial expert(s) must be designated and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by July 1, 2018. Defendant's trial expert(s) must be designated and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by August 1, 2018. Plaintiff's trial expert(s)' rebuttal disclosures and reports must be made by September 1, 2018. Defendant's trial expert(s)' rebuttal disclosures and reports must be made by October 1, 2018. Expert depositions must be completed by December 1, 2018. Dispositive motions, such as motions for summary judgment or partial summary judgment and motions for judgment on the pleadings, must be filed by January 15, 2019. (York, Steve) |
| Filing 69 Joint MOTION for Extension of Time to June 1, 2018 to Complete Discovery by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 68 MEMORANDUM in Opposition re #61 MOTION to Compel Supplemental Responses to ACI's First Request for Production of Documents filed by KeyCorp., Keybank National Association. (Attachments: #1 Exhibit Ex A - 9.12.17 Email, #2 Exhibit Ex B - 11.2.17 Email, #3 Exhibit Ex C - 11.7.17 Email, #4 Exhibit Ex D - 12.20.17 Ltr, #5 Exhibit Ex E - 1.10.18 Email, #6 Exhibit Ex F - Compiled Correspondence, #7 Exhibit Ex G - Agreed Supplemental ESI Search Terms, #8 Exhibit Ex H - Key Responses to ACI's First RFPs, #9 Exhibit Ex I - 2.23.18 Email Chain)(Slater, James) |
| Filing 67 ELECTRONIC NOTICE Resetting Hearing on Motions re: #61 MOTION to Compel Supplemental Responses to ACI's First Request for Production of Documents, #58 MOTION to Compel Supplemental Responses to Interrogatories, #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . The Motion Hearing has been rescheduled for April 24, 2018 at 2:30 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve) |
| Filing 66 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #65 Joint Motion to Continue March 28, 2018 hearing to a date after April 16, 2018. (York, Steve) |
| Filing 65 Joint MOTION to Continue March 28, 2018 hearing to a date after April 16, 2018 by ACI Worldwide Corporation.(Peters, Kevin) |
| Filing 64 Opposition re #58 MOTION to Compel Supplemental Responses to Interrogatories filed by KeyCorp., Keybank National Association. (Attachments: #1 Exhibit Ex. A - 1/12/18 ACI Ltr., #2 Exhibit Ex. B - 1/25/18 Key Ltr.)(Slater, James) |
| Filing 63 ELECTRONIC NOTICE Setting Hearing on Motion. The Court will hear oral arguments re: #61 MOTION to Compel Supplemental Responses to ACI's First Request for Production of Documents, in addition to the previously scheduled Motion Hearings set for March 28, 2018 11:30 before Magistrate Judge Jennifer C. Boal. (York, Steve) |
| Filing 62 MEMORANDUM in Support re #61 MOTION to Compel Supplemental Responses to ACI's First Request for Production of Documents filed by ACI Worldwide Corporation. (Attachments: #1 Exhibit A)(Peters, Kevin) |
| Filing 61 MOTION to Compel Supplemental Responses to ACI's First Request for Production of Documents by ACI Worldwide Corporation.(Peters, Kevin) |
| Filing 60 ELECTRONIC NOTICE Setting Hearing on Motion. In addition to the currently scheduled Motion Hearing set for March 28, 2018 at 11:30 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. The Court will also hear arguments on #58 MOTION to Compel Supplemental Responses to Interrogatories. (York, Steve) |
| Filing 59 MEMORANDUM in Support re #58 MOTION to Compel Supplemental Responses to Interrogatories filed by ACI Worldwide Corporation. (Peters, Kevin) |
| Filing 58 MOTION to Compel Supplemental Responses to Interrogatories by ACI Worldwide Corporation.(Peters, Kevin) |
| Filing 57 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #56 Motion for Leave to Appear Pro Hac Vice Added Thomas R. Lucchesi, Clair Pena. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (DaSilva, Carolina) |
| Filing 56 MOTION for Leave to Appear Pro Hac Vice for admission of Thomas R Lucchesi and Clair Pena Filing fee: $ 200, receipt number 0101-6998266 by Keybank National Association. (Attachments: #1 Exhibit A-Certification of Thomas R. Lucchesi, #2 Exhibit B-Certification of Clair Pena)(O'Hara, Christopher) |
| Filing 55 ELECTRONIC NOTICE Setting Hearing on Motion #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . A Motion Hearing is set for March 28, 2018 at 11:30 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve) |
| Filing 54 Judge Indira Talwani: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Jennifer C. Boal Referred for: Full Pretrial, Dispositive Motions (ptd). Motions referred: #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (MacDonald, Gail) Motions referred to Jennifer C. Boal. |
| Filing 53 NOTICE Resetting a Hearing. Status Conference set for 2/2/18 is RESET for 4/24/2018 02:30 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 52 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #51 Joint Motion for Extension of Time to Complete Discovery. All requests for production of documents and interrogatories must be served by February 19, 2018. All requests for admission must be served by February 19, 2018. All depositions, other than expert depositions, must be completed by April 16, 2018. All discovery, other than expert discovery, must be completed by April 16, 2018. Plaintiff's trial expert(s) must be designated and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by May 15, 2018. Defendant's trial expert(s) must be designated and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by June 15, 2018. Plaintiff's trial expert(s)' rebuttal disclosures and reports must be made by July 16, 2018. Defendant's trial expert(s)' rebuttal disclosures and reports must be made by August 15, 2018. Expert depositions must be completed by October 15, 2018. Dispositive motions, such as motions for summary judgment or partial summary judgment and motions for judgment on the pleadings, must be filed by December 17, 2018. The status conference currently scheduled for February 2, 2018 is canceled and shall be reset by the clerk. (MacDonald, Gail) |
| Filing 51 Joint MOTION for Extension of Time to October 15, 2018 (with interim deadlines) to Complete Discovery by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 50 REPLY to Response to #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Leave to File Granted on November 28, 2017) filed by KeyCorp., Keybank National Association. (Slater, James) |
| Filing 49 Judge Indira Talwani: ELECTRONIC ORDER entered granting #48 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDonald, Gail) |
| Filing 48 MOTION for Leave to File Reply in Support of Motion to Dismiss (Unopposed) by KeyCorp., Keybank National Association. (Attachments: #1 Exhibit Exhibit A - Proposed Reply in Support of Motion to Dismiss)(Slater, James) |
| Filing 47 Judge Indira Talwani: ORDER entered. STIPULATED PROTECTIVE ORDER (DaSilva, Carolina) |
| Filing 46 REPORT of Alternative Dispute Resolution Provider (Russo, Noreen) |
| Filing 44 Opposition re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ACI Worldwide Corporation. (Attachments: #1 Exhibit A)(Peters, Kevin) |
| Filing 43 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Telephone Conference held on 11/2/2017. Case called. Court has colloquy with counsel. Defendants sought court's intervention with respect to plaintiff's failure to provide definite date by which it would respond to interrogatories (through document production). Court instructed plaintiff to provide a definite date to defendant, pursuant to FRCP 33. Parties may contact the clerk if addition assistance is required. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@comcast.net.)(Attorneys present: Peters, Armiger, Slater, Kavouras) (MacDonald, Gail) |
| Filing 42 ELECTRONIC NOTICE of Hearing. Telephone Conference set for 11/3/2017 11:30 AM in Courtroom 9 before Judge Indira Talwani. Counsel are instructed to dial 888-808-6929 and enter Code: 8523158 to be connected to the court's conference system. (MacDonald, Gail) |
| Filing 41 ANSWER to #36 Amended Complaint (Second) by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 40 MEMORANDUM in Support re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KeyCorp., Keybank National Association. (Attachments: #1 Exhibit Exhibit A - Shareholder Complaint)(Slater, James) |
| Filing 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by KeyCorp., Keybank National Association.(Slater, James) |
| Filing 38 AFFIDAVIT OF SERVICE Executed by ACI Worldwide Corporation. KeyCorp. served on 10/25/2017, answer due 11/15/2017. Acknowledgement filed by ACI Worldwide Corporation. (Armiger, Jason) |
| Filing 37 Summons Issued as to KeyCorp.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (DaSilva, Carolina) |
| Filing 36 AMENDED COMPLAINT (Second) against All Defendants, filed by ACI Worldwide Corporation.(Peters, Kevin) |
| Filing 35 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #29 MOTION for Leave to File Second Amended Complaint without prejudice to Defendant's contention that some of Plaintiff's claims may be futile. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (DaSilva, Carolina) |
| Filing 34 STIPULATION FOR PROTECTIVE ORDER by Keybank National Association. (Slater, James) |
| Filing 33 Opposition re #29 MOTION for Leave to File Second Amended Complaint filed by Keybank National Association. (Attachments: #1 Exhibit Exhibit A - Shareholder Complaint)(Slater, James) |
| Filing 32 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #31 Motion for Extension of Time to File Response re: #29 MOTION for Leave to File Second Amended Complaint Response due by 10/11/2017. (DaSilva, Carolina) |
| Filing 31 Consent MOTION for Extension of Time to October 11, 2017 to File Response/Reply as to #29 MOTION for Leave to File Second Amended Complaint by Keybank National Association.(Slater, James) |
| Filing 30 MEMORANDUM in Support re #29 MOTION for Leave to File Second Amended Complaint filed by ACI Worldwide Corporation. (Attachments: #1 Exhibit A)(Peters, Kevin) (Attachment 1 replaced on 10/11/2017 due to typographical error) (DaSilva, Carolina). |
| Filing 29 MOTION for Leave to File Second Amended Complaint by ACI Worldwide Corporation.(Peters, Kevin) |
| Filing 28 Judge Indira Talwani: ELECTRONIC ORDER entered DENYING WITHOUT PREJUDICE re: #26 MOTION for Leave to File and extending the scheduling order's deadline for filing motions for leave to amend to 9/20/2017. Plaintiff may refile the motion with appropriate certificates after complying with Local Rules 15.1 and 7.1(a)(2). (DaSilva, Carolina) |
| Filing 27 First MEMORANDUM in Support re #26 MOTION for Leave to File filed by ACI Worldwide Corporation. (Attachments: #1 Exhibit A)(Peters, Kevin) |
| Filing 26 MOTION for Leave to File by ACI Worldwide Corporation.(Peters, Kevin) |
| Filing 25 Magistrate Judge Donald L. Cabell: ORDER entered. NOTICE OF AND ORDER WITH RESPECT TO MEDIATION. Mediation set for 11/14/2017 at 10:00 AM in Courtroom 23 before Magistrate Judge Donald L. Cabell. Please see the attached notice for full details and requirements. Confidential Mediation Statements due 11/7/17. (Russo, Noreen) |
| Filing 24 Notice of correction to docket made by Court staff: Order # 24 re ADR entered in error and deleted from the docket. Please disregard. (Russo, Noreen) |
| Filing 23 Document disclosure by ACI Worldwide Corporation.(Armiger, Jason) |
| Filing 22 NOTICE by Keybank National Association and ACI Worldwide Corp. of proposed dates for mediation (Slater, James) |
| Filing 21 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered re Notice of assignment to ADR Provider. Counsel are directed to confer and file on CM/ECF, on or before the close of business on July 28, 2017, the time period during which counsel believes it will be most fruitful to schedule a Mediation.(Russo, Noreen) |
| Filing 20 Notice of assignment to ADR Provider. Judge Donald L Cabell appointed.(Garvin, Brendan) |
| Filing 19 Judge Indira Talwani: ORDER entered. SCHEDULING ORDER. See Attached Order.(DaSilva, Carolina) |
| Filing 18 CERTIFICATION pursuant to Local Rule 16.1 . (Armiger, Jason) |
| Filing 17 REFERRING CASE to Alternative Dispute Resolution.(MacDonald, Gail) |
| Filing 16 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 7/10/2017: Case called. Parties agree to mediation. All proposed dates are adopted. Case to be referred for ADR. Order to follow. (Status Conference set for 2/2/2018 02:45 PM in Courtroom 9 before Judge Indira Talwani. Amended Pleadings due by 9/1/2017. Discovery to be completed by 2/1/2018. Motions due by 7/2/2018.) (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@comcast.net.)(Attorneys present: Peters, Armiger, O'Hara, Warren, Slater) (MacDonald, Gail) |
| Filing 15 NOTICE Resetting a Hearing. Scheduling Conference set for 7/10/2017 02:30 PM in Courtroom 8 before Judge Indira Talwani. PLEASE NOTE CHANGE IN COURTROOM ONLY. (MacDonald, Gail) |
| Filing 14 NOTICE of Appearance by Jason E. Armiger on behalf of ACI Worldwide Corporation (Armiger, Jason) |
| Filing 13 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit KeyBank Counsel Certification, #2 Exhibit KeyBank Representative Certification)(Slater, James) |
| Filing 12 DEMAND for Trial by Jury by Keybank National Association. (O'Hara, Christopher) |
| Filing 11 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #10 Motion for Leave to Appear Pro Hac Vice Added James A. Slater, Esq., Daniel M. Kavouras, Esq and Daniel R. Warren, Esq. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (DaSilva, Carolina) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice for admission of Daniel R. Warren, James A. Slater, Daniel M. Kavouras Filing fee: $ 300, receipt number 0101-6655991 by Keybank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(O'Hara, Christopher) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by Keybank National Association identifying Corporate Parent KeyCorp. for Keybank National Association.. (O'Hara, Christopher) |
| Filing 8 ANSWER to #1 Complaint, to Amended Complaint #5 by Keybank National Association.(O'Hara, Christopher) |
| Filing 7 NOTICE of Appearance by Christopher R. O'Hara on behalf of Keybank National Association (O'Hara, Christopher) |
| Filing 6 NOTICE of Scheduling Conference Scheduling Conference set for 7/10/2017 02:30 PM in Courtroom 9 before Judge Indira Talwani. Counsel for the plaintiff(s) is responsible for ensuring that all parties and/or their attorneys who have not filed an answer or appearance with the court are notified of the date of the scheduling conference. SEE attached NOTICE. (MacDonald, Gail) |
| Filing 5 First AMENDED COMPLAINT by ACI Worldwide Corporation. First Amended Complaint. (Peters, Kevin) Modified text on 5/11/2017 (DaSilva, Carolina). |
| Filing 4 Summons Issued as to Keybank National Association. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Burgos, Sandra) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Caruso, Stephanie) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by ACI Worldwide Corporation. (Peters, Kevin) (Main Document 2 replaced on 4/19/2017) (Castilla, Francis). |
| Filing 1 COMPLAINT against Keybank National Association Filing fee: $ 400, receipt number 0101-6588252 (Fee Status: Filing Fee paid), filed by ACI Worldwide Corporation. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Peters, Kevin) (Attachment 2 replaced on 4/19/2017) (Burgos, Sandra). |
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