United States District Court, E.D. Missouri, Eastern Division
LADS NETWORK SOLUTIONS, INC. Plaintiff,
AGILIS SYSTEMS, LLC, et al., Defendants.
MEMORANDUM & ORDER
G FLEISSIG UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the motions of Plaintiff
LADS Network Solutions, Inc. (“LADS”) to compel
the production of documents (ECF No. 46) and to amend or
correct the Case Management Order (ECF No. 53). For the
reasons set forth below, the Court will defer ruling on the
motion to compel, and the motion to amend or correct the Case
Management Order will be granted.
filed this copyright infringement action, alleging that
Defendants used, without the permission or consent of LADS,
certain copyrighted logistic software. Defendants filed a
counterclaim for breach of contract, asserting that LADS is
barred from asserting its copyright infringement claims
pursuant to the terms of a separate settlement agreement.
Defendants also assert a claim for breach of contract
regarding a November 1, 2007 license agreement and a claim
for abuse of process.
current discovery dispute arises out of three requests for
production directed at Defendants seeking the production of:
(1) database schema relevant to the litigation; (2) certain
indemnification agreements; and (3) documents to support
Defendants' claims of damages in their
oppose the production of source code due to its highly
sensitive and confidential nature. ECF No. 55. Defendants
believe that a neutral third party should be retained to host
the data and “compare the dueling source codes.”
Defendants also argue that the remainder of LADS's motion
to compel is moot in light of Defendants' recent
production. Lastly, Defendants express concerns that LADS
will not comply with any protective order governing the
confidentiality of the source code and reiterate the
necessity of a third party protocol.
its reply concedes that the only issue remaining before the
Court is the production of Defendants' database schema.
LADS emphasizes its discovery request seeks only
Defendants' “database schema, ” which it
asserts is a small portion of the computer source code. ECF
No. 55 at 3. In response to Defendants' concerns
regarding the disclosure of confidential information, LADS
states that the stipulated protective order agreed by the
parties provides for a protocol for the exchange of
“highly confidential information, ” including
database schema. LADS states that “if the remainder of
the source code must be eventually produced, the necessary
additional protocol can be put into place.”
October 1, 2019, LADS filed a motion to amend the Case
Management Order. ECF No. 53. Specifically, LADS maintains
that it was unable to comply with the expert disclosure
deadline because Defendants had not yet produced the source
code. Defendants did not file any opposition to the motion.
Parties' Protective Order and Defendants'
further background, the Court notes that LADS first served
its first requests for production of documents and
interrogatories on April 30, 2019. LADS agreed to give
Defendants additional time to respond, and also complied with
Defendants' request for separate requests for each
to any responses, counsel began negotiating the terms of a
protective order. In an email dated June 19, 2019, counsel
for Defendants advised LADS' attorney he would have
responses and objections to Plaintiff's counsel on or
before June 28. He further stated:
I will have revisions to the protective order for our mutual
review and discussion and subject to our clients (sic)
further input. Please pay particular attention to the
definition of “Highly Confidential Information”.
My intention is to capture source code type information but
the language may well be improved by the clients. As I
stated, my contact is out until Tuesday.
One item I intended to address earlier today: When we spoke
on May 30 you pitched the idea of a joint inspection
protocol. I expressed reservations, which I still have.
However, you were going to forward a proposal for review. Are
you still intending to ...