KeyBank National Association v. ACI Worldwide Corp.
Plaintiff: KeyBank National Association
Defendant: ACI Worldwide Corp.
Case Number: 1:2019cv02646
Filed: November 13, 2019
Court: US District Court for the Northern District of Ohio
Presiding Judge: Christopher A Boyko
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2020 IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
January 8, 2020 Minutes of proceedings[non-document] before Judge Christopher A. Boyko. Oral Arguments on Plaintiff's Motion for Preliminary Injunction were heard and submitted on 1/8/2020. (Court Reporter: Lance Boardman.) Time: 50 minutes. (D, I)
December 20, 2019 Opinion or Order Filing 29 Order. On December 20, 2019, Defendant filed a #28 Motion for a Hearing on Plaintiff's #3 Motion for Preliminary Injunction. The Court agrees that a hearing would be useful in reaching a decision, however, as the Court believes the issues largely require a legal determination, the hearing will be limited to oral arguments on the briefs. The Court will hold the oral arguments on January 8, 2020 at 3:00 pm. The Court allots 20 minutes per side. Judge Christopher A. Boyko on 12/20/19.(S,HR)
December 20, 2019 Filing 28 Motion for conference/hearing on Plaintiff's Motion for Preliminary Injunction filed by Defendant ACI Worldwide Corp.. Related document(s) #3 . (Flannery, Paul)
December 12, 2019 Filing 27 SEALED Document:Answer and Counterclaim filed by ACI Worldwide Corp.. Related document(s) #26 . (Attachments: #1 Exhibit A - 2001 MTS Agreement, #2 Exhibit B - Eighth Amendment)(Flannery, Paul)
December 12, 2019 Filing 26 Marginal Entry Order granting Defendant's Motion for leave to file Defendant's Unredacted Answer under seal (Related Doc #23 ). Judge Christopher A. Boyko on 12/12/2019.(D, I)
December 11, 2019 Filing 25 Answer to #1 Complaint, with Jury Demand , Counterclaim against KeyBank National Association filed by ACI Worldwide Corp.. (Attachments: #1 Exhibit A - 2001 MTS Agreement (to be filed under seal), #2 Exhibit B - Eighth Amendment (to be filed under seal))(Flannery, Paul)
December 11, 2019 Filing 24 Certificate of Service filed by KeyBank National Association. Related document(s) #21 .(Warren, Daniel)
December 11, 2019 Filing 23 Motion for leave to File Unredacted Copy of Defendant's Answer Under Seal filed by Defendant ACI Worldwide Corp.. (Flannery, Paul)
December 11, 2019 Filing 22 Notice of Case Management Conference with telephonic conference to be held on 2/20/20 at 10:00 a.m. before Judge Christopher A. Boyko. This Court requires the participation of lead counsel. Counsel for plaintiff is to set up the call by calling Chambers with all counsel on the line at 216-357-7151 or providing call-in information to all counsel and the Court. Parties shall be available by phone, if needed. Judge Christopher A. Boyko on 12/11/2019. (Attachments: #1 Report of Parties Planning Meeting, #2 Magistrate Consent Package)(S,HR)
December 9, 2019 Filing 21 SEALED Document: Reply in Support of Motion for Preliminary Injunction filed by KeyBank National Association. (Related document(s) #20 , #3 ). (Attachments: #1 Exhibit J - Declaration, #2 Exhibit K - Declaration) (Warren, Daniel). Modified on 12/11/2019, filer notified of error with certificate of service page (H,SP).
December 9, 2019 Filing 20 Marginal Entry Order granting #18 Plaintiff's Motion to file reply in support of its Motion for Preliminary Injunction and Accompanying Exhibits under seal. Judge Christopher A. Boyko on 12/9/2019.(D, I)
December 6, 2019 Filing 19 Reply in support of #3 Motion for preliminary injunction filed by KeyBank National Association. (Attachments: #1 Exhibit J - Filed Under Seal, #2 Exhibit K - Filed Under Seal)(Warren, Daniel)
December 6, 2019 Filing 18 Motion to File Reply in Support of Motion for Preliminary Injunction and Accompanying Exhibits Under Seal filed by Plaintiff KeyBank National Association. (Warren, Daniel)
December 5, 2019 Opinion or Order Order [non-document] granting Defendant's unopposed #17 Motion for extension of time to answer Complaint. ACI Worldwide Corp. answer due 12/11/2019. Judge Christopher A. Boyko on 12/5/19.(S,HR)
December 4, 2019 Filing 17 Unopposed Motion for extension of time until 12/11/2019 to answer filed by Defendant ACI Worldwide Corp. (Attachments: #1 Proposed Order)(Flannery, Paul)
November 27, 2019 Filing 16 SEALED Document: Opposition to Plaintiff's Motion for Preliminary Injunction filed by ACI Worldwide Corp.. (Related document(s) #15 , #3 ). (Attachments: #1 Exhibit A - Software License, September 25, 2001, #2 Exhibit B - Ramsey Affidavit, #3 Exhibit C - Eighth Amendment, September 30, 2013, #4 Exhibit D - Emails Between Parties, #5 Exhibit E - Guess Affidavit, #6 Exhibit F - First Letter from Heasley, #7 Exhibit G - Termination Letter from Heasley, #8 Exhibit H - Emails Between Counsel, #9 Exhibit I - Letter from Brady, #10 Exhibit J - Bromberg Affidavit) (Flannery, Paul). Modified on 12/5/2019, filer notified of error with certificate of service page (H,SP).
November 27, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Jason E. Armiger for ACI Worldwide Corp. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #12 ). Judge Christopher A. Boyko on 11/27/19.(S,HR)
November 27, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Kevin T. Peters for ACI Worldwide Corp. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #11 ). Judge Christopher A. Boyko on 11/27/19.(S,HR)
November 27, 2019 Filing 15 Marginal Entry Order granting Defendant's Motion for Leave to File Opposition to #3 Motion for Preliminary Injunction Under Seal. (Related Doc #10 .) Judge Christopher A. Boyko on 11/27/19.(S,HR)
November 27, 2019 Opinion or Order Order: [non-document] Pursuant to Order (Doc. #8 ), Plaintiff's Motion to seal case (Doc. #4 ) is granted in part. Judge Christopher A. Boyko on 11/27/2019.(D, I)
November 22, 2019 Filing 14 Corporate Disclosure Statement identifying Corporate Parent ACI Worldwide Inc. for ACI Worldwide Corp. filed by ACI Worldwide Corp.. (Flannery, Paul)
November 22, 2019 Filing 13 Opposition to #3 Motion for preliminary injunction (redacted) filed by ACI Worldwide Corp.. (Attachments: #1 Exhibit A - Software License, September 25, 2001 filed under seal, #2 Exhibit B - Ramsey Affidavit, #3 Exhibit C - Eighth Amendment, September 30, 2013 filed under seal, #4 Exhibit D - Emails Between Parties, #5 Exhibit E - Guess Affidavit, #6 Exhibit F - First Letter from Heasley, #7 Exhibit G - Termination Letter from Heasley, #8 Exhibit H - Emails Between Counsel, #9 Exhibit I - Letter from Brady, #10 Exhibit J - Bromberg Affidavit)(Flannery, Paul)
November 22, 2019 Filing 12 Motion for attorney Jason E. Armiger to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9644318, filed by Defendant ACI Worldwide Corp.. (Attachments: #1 Exhibit A - Declaration of Jason E. Armiger)(Flannery, Paul)
November 22, 2019 Filing 11 Motion for attorney Kevin T. Peters to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9644276, filed by Defendant ACI Worldwide Corp.. (Attachments: #1 Exhibit A - Declaration of Kevin T. Peters)(Flannery, Paul)
November 22, 2019 Filing 10 Motion for leave to File Unredacted Copy of Defendant's Response in Opposition and Exhibits to Plaintiff's #3 Motion for Preliminary Injunction Under Seal filed by Defendant ACI Worldwide Corp.. (Flannery, Paul)
November 22, 2019 Filing 9 Attorney Appearance by Paul M. Flannery filed by on behalf of ACI Worldwide Corp.. (Flannery, Paul)
November 20, 2019 Opinion or Order Filing 8 Order to Unseal Case. Until further notice, the Court orders the unredacted Complaint (ECF # 1-1) and unredacted copy of the Motion for Preliminary Injunction, Memorandum and Exhibits A-I (ECF # 3-11) be restricted to case participants and court users only. Judge Christopher A. Boyko on 11/20/2019. (D, I)
November 14, 2019 Filing 7 Return of Service by personal service executed upon ACI Worldwide Corp. c/o CSC on 11/13/2019, filed on behalf of KeyBank National Association Related document(s) #5 . (B,R)
November 13, 2019 Opinion or Order Filing 6 Order setting briefing schedule as to #3 Motion for preliminary injunction. Defendant ACI Worldwide Corp. will file its opposition brief by 11/22/2019 and KeyBank will file its reply by 12/6/2019. Judge Christopher A. Boyko on 11/13/2019. (D, I)
November 13, 2019 Filing 5 Original Summons and Magistrate Consent Form issued to counsel over the counter for service upon ACI Worldwide Corp. (Attachments: #1 Magistrate Consent Form) (B,R)
November 13, 2019 Filing 4 Motion to file Complaint and Motion for Preliminary Injunction and Accompanying Exhibits Under Seal filed by Plaintiff KeyBank National Association. Related document(s) #1 , #3 . (Attachments: #1 Memorandum in Support, #2 Proposed Order)(B,R)
November 13, 2019 Filing 3 Motion (Redacted) for preliminary injunction filed by Plaintiff KeyBank National Association. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Filed Under Seal, #3 Exhibit B - Filed Under Seal, #4 Exhibit C - Declaration of Brian Guess, #5 Exhibit D - Declaration of Kimberly Bromberg, #6 Exhibit E - Declaration o fKeith Harris, #7 Exhibit F - Email Exchange of D. Smith and M. Mullee, #8 Exhibit G - Letter Dated 11/19/18 to B. Mooney, #9 Exhibit H - Letter dated 12/18/18 to Mr. Heasley, #10 Exhibit I - Letter dated 11/1/19 to Ms. Mooney, #11 Unredacted Copy of Motion, Memorandum and Exhibits A-I)(B,R)
November 13, 2019 Filing 2 Corporate Disclosure Statement identifying Other Affiliate KeyCorp, an Ohio corporation for KeyBank National Association.(B,R)
November 13, 2019 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (B,R)
November 13, 2019 Judge Christopher A. Boyko assigned to case, (B,R)
November 13, 2019 Filing 1 Complaint (Redacted Copy) against ACI Worldwide Corp. Filing fee paid. $400.00. Receipt # 14660118862. Filed by KeyBank National Association. (Attachments: #1 Unredacted Copy of Complaint, #2 Civil Cover Sheet, #3 Summons) (B,R)

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Defendant: ACI Worldwide Corp.
Represented By: Paul M. Flannery
Represented By: Jason E. Armiger
Represented By: Kevin J. Vogel
Represented By: Kevin T. Peters
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Plaintiff: KeyBank National Association
Represented By: Jeremy S. Dunnaback
Represented By: Daniel R. Warren
Represented By: James A. Slater, Jr.
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