govinfo:USCOURTS-moed-4_19-cv-00011-2

UNITED STATES DISTRICT COURT 
 EASTERN DISTRICT OF MISSOURI 
 EASTERN DIVISION 
  
LADS NETWORK SOLUTIONS, INC., ) 
 ) 
Plaintiff, ) 
 ) 
v. )  No. 4:19-cv-00011-AGF 
 ) 
AGILIS SYSTEMS, LLC, et al.,  ) 
 ) 
Defendants. ) 
 
 MEMORANDUM & ORDER 
 This matter comes before the Court on the motion of Plaintiff LADS Network 
Solutions, Inc. to compel the production of documents.  ECF No. 46.  On November 4, 
2019, the Court addressed the issues raised in the motion and determined that it did not 
have enough information to make an informed determination with regard to the request 
for the production of database schema.  It then directed the parties to supplement the 
record.  The parties timely complied. 
 As described by Defendants Agilis Systems, LLC, Archlogix, LLC, and Gilead 
Group, LLC, a database schema is: 
a roadmap into Defendants’ source code and identifies via tables and 
columns, how the software functions.  In other words, the schema 
identifies in table and column form, similar to a diagram, the interplay and 
how the information is gathered and displayed for an end user . . . Through 
the various file paths, the schema will illustrate how this data is collected 
and the manner in which it is ultimately revealed to the end user. 
 
Case: 4:19-cv-00011-SEP     Doc. #:  62     Filed: 11/22/19     Page: 1 of 4 PageID #:
<pageID>
2 
 
ECF No. 57 at 2.1   
Defendants in their response to Plaintiff’s request for production of the database 
schema stated that they would produce it “on the condition that an agreeable protocol 
regarding the exchange of highly confidential information is attained.” 2  Defendants 
maintain that the parties’ stipulated protective order (ECF No. 40) is silent as to any 
protocol for the exchange of this highly sensitive information, and they seek a Court 
order providing additional protective measures.  Plaintiffs argue that the language of the 
protective order was agreed upon by the parties and is sufficient to protect the 
confidentiality of the information. 
“A district court has very wide discretion in handling pretrial discovery and [the 
Eighth Circuit is] most unlikely to fault its judgment unless, in the totality of the 
circumstances, its rulings are seen to be a gross abuse of discretion resulting in 
fundamental unfairness in the trial of the case.”  U.S. ex rel. Kraxberger v. Kansas City 
Power & Light Co., 756 F.3d 1075, 1082 (8th Cir. 2014).  In cases involving highly 
confidential information, such as trade secrets, “a court shall preserve the secrecy of an 
alleged trade secret by reasonable means, which may include granting protective orders 
in connection with discovery proceedings, holding in-camera hearings, sealing the 
                                                 
1  This description of a database schema was provided by Defendants in their 
supplemental memorandum in opposition to the motion to compel.  Plaintiff in its 
response states that Defendants’ description of the database schema is accurate.  ECF No. 
60 at 1. 
 
2  Defendants do not dispute the relevance of the database schema, and thus the 
Court assumes that it is relevant to the litigation for purposes of Federal Rule of Civil 
Procedure 26.
 
Case: 4:19-cv-00011-SEP     Doc. #:  62     Filed: 11/22/19     Page: 2 of 4 PageID #:
<pageID>
3 
 
records of the action, and ordering any person involved in the litigation not to disclose an 
alleged trade secret without prior court approval.”  Unif. Trade Secrets Act § 5. 
Defendants maintain that a computer programmer may be able to reverse engineer 
the source code, which is “the secret blueprint of computer software,” from the database 
schema.  Thus, they suggest a disclosure protocol used by the Northern District of 
California, which limits the inspection of certain highly confidential information to a 
computer without Internet or network access and prohibits any party from copying the 
information.  Plaintiff does not assert that the disclosure protocol would be prejudicial or 
unduly burdensome, but merely asserts that it is unnecessary in light of the protective 
order already in place. 
Upon careful review, the Court concludes that the disclosure protocol suggested 
by Defendants is reasonable in light of the circumstances of this case and that such 
disclosure is not adequately addressed by the existing protective order.  Defendants 
notified Plaintiff of their willingness to provide the database schema pursuant to an 
“agreeable protocol,” and they have suggested a protocol that appears reasonable and 
does not prejudice any party.  Thus, the Court will direct the parties to meet and confer 
regarding a date when an inspection at a mutually agreeable location on a computer 
without Internet or network access may take place.   
IT IS HEREBY ORDERED that Plaintiff LADS Network Solutions, Inc.’s 
motion to compel the production of documents is GRANTED IN PART and DENIED 
IN PART, as set forth in this Order.  ECF No. 46.   
Case: 4:19-cv-00011-SEP     Doc. #:  62     Filed: 11/22/19     Page: 3 of 4 PageID #:
<pageID>
4 
 
IT IS FURTHER ORDERED that , on or before December 6 , 2019, the parties 
shall meet and confer regarding a mutually agreeable date and location for the 
inspection of Defendant’s database schema shall take place.   
 Dated this 22nd day of November, 2019. 
 
  
AUDREY G. FLEISSIG  
UNITED STATES DISTRICT JUDGE 
Case: 4:19-cv-00011-SEP     Doc. #:  62     Filed: 11/22/19     Page: 4 of 4 PageID #:
<pageID>

Passage view · GavelSight