AGI Suretrack, LLC v. Tackett
2:23-cv-02372
| D. Kan. | Jan 17, 2025Background
- Plaintiff AGI Suretrack, LLC, alleges breach of employment contract, wrongful solicitation, tortious interference, and trade secret misappropriation against OPISystems Inc., Integris USA, LLC, and two former employees.
- Discovery in this case has been protracted and contentious, especially regarding production of source code and written discovery responses.
- As of January 2025, both parties had failed to fully comply with outstanding discovery obligations dating back to October 2024.
- The Court held a Discovery Conference on January 15, 2025, to resolve these issues and amend the scheduling order.
- Significant disputes centered on the production of a document titled "Legal Summary" and source code for "OPI EPIC."
- The Court found Defendants waived privilege objections regarding some documents due to untimely assertion and voluntary disclosure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Defendants must produce documents and privilege log per Rule 26 disclosures | Defendants failed to produce required documents and a privilege log | Defendants delayed or did not provide privilege log or full docs | Defendants ordered to produce both by Jan 17, 2025 |
| Whether Plaintiff must specify trade secrets allegedly misappropriated | Defendants need more specificity in discovery on alleged trade secrets | Plaintiff has not clearly identified the alleged misappropriated secrets | Plaintiff ordered to produce relevant discovery by Jan 17, 2025 |
| Whether Defendants must produce the "Legal Summary" document | Privilege objections are waived due to late response and partial production | The document is protected by privilege and work-product doctrine | Privilege deemed waived; production ordered by Jan 16, 2025 |
| Whether Defendants must produce the "OPI EPIC" source code module | Requested code modules have not been produced as required | No explicit objection; no date certain provided for production | Production ordered by Jan 24, 2025 |
Key Cases Cited
- In re Universal Serv. Fund Tel. Billing Pracs. Litig., 232 F.R.D. 669 (D. Kan. 2005) (failure to timely submit a privilege log can result in privilege waiver)
- Employer’s Reinsurance Corp. v. Clarendon Nat’l Ins. Co., 213 F.R.D. 422 (D. Kan. 2003) (court may deem privilege waived if not properly asserted)
- United States v. Ryans, 903 F.2d 731 (10th Cir. 1990) (no greater protection from privilege than granted by the holder)
- In re Quest Commc’ns Int’l Inc., 450 F.3d 1179 (10th Cir. 2006) (voluntary disclosure waives privilege)