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ACI WORLDWIDE CORP. v. MasterCARD TECHNOLOGIES LLC, 8:14CV31. (2016)

Court: District Court, D. Nebraska Number: infdco20160226d29 Visitors: 15
Filed: Feb. 25, 2016
Latest Update: Feb. 25, 2016
Summary: ORDER F.A. GOSSETT , Magistrate Judge . On January 20, 2016, Plaintiff filed a motion to compel subpoena to non-party, BHMI. ( Filing 292 .) Plaintiff anticipates that BHMI will file a motion to quash the subpoena. Therefore, Plaintiff now requests that the Court consider the motion to compel and anticipated motion to quash together, and that the Court set a briefing schedule to govern the matter. ( Filing 316 .) The Court declines Plaintiff's request. If a motion to quash were actually on
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ORDER

On January 20, 2016, Plaintiff filed a motion to compel subpoena to non-party, BHMI. (Filing 292.) Plaintiff anticipates that BHMI will file a motion to quash the subpoena. Therefore, Plaintiff now requests that the Court consider the motion to compel and anticipated motion to quash together, and that the Court set a briefing schedule to govern the matter. (Filing 316.)

The Court declines Plaintiff's request. If a motion to quash were actually on file, the Court would most likely consider the motions together. However, such a motion is not on file and Plaintiff has not cited any authority for the proposition that the Court can force a non-party to file a motion so that a consolidated ruling can be made regarding a matter.

Accordingly,

IT IS ORDERED that Plaintiff's Motion for a Consolidated Ruling Regarding MasterCard's and BHMI's Objections to the BHMI Subpoena and to Set Briefing Schedule (filing 316) is denied.

Source:  Leagle

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