irth Solutions LLC v. Apex Data Solutions & Servs. LLC

DECISION AND ORDER   Plaintiff irth Solutions, LLC (“Plaintiff”) commenced an action on December 6, 2018, against defendants Apex Data Solutions and Services, LLC, (d/b/a/ “DigTix”) and Kyle Murphy (“Murphy”) (collectively “Defendants”), alleging six causes of action, including a violation of the Defend Trade Secrets Act (18 U.S.C. §§1836, et seq.), misappropriation of trade secrets, tortious interference with contractual relations, unfair competition, unjust enrichment, and conversion.¹ (ECF No. 1.) Presently before the Court are Plaintiff’s motion to compel (ECF No. 66) and Defendants’ cross-motion to compel. (ECF No. 74.) On April 14, 2020, the parties participated in a discovery conference with the Court. Prior to the conference, Plaintiff’s counsel provided correspondence to the Court, dated April 13, 2020, which indicated that the parties had met and conferred and were able to resolve some of the issues raised in their motions to compel. (Corresp. from Brian M. Robinson to Hon. Mark W. Pedersen, ECF No. 95.) The correspondence outlined the remaining disputes between the parties. With respect to Plaintiff’s motion to compel, two issues remain outstanding: (1) discovery with respect to Defendants’ financial information; and (2) the identification/redaction of Defendants’ customers. (ECF No. 95.) Two issues also remain unresolved with respect to Defendants’ cross-motion to compel: (1) an issue involving Plaintiff’s designation of its trade secrets as “Attorney’s Eyes Only”; and (2) whether the communications and documents Plaintiff exchanged with one of its experts, Jeffrey Shaffer, should be disclosed to Defendants. (ECF No. 95.) For the reasons discussed herein, Plaintiff’s motion compel is granted to the extent provided below and Defendants’ cross-motion to compel is granted in part and denied in part. FACTUAL BACKGROUND The Court and parties are familiar with the facts of the case and, therefore, only a brief recitation of the facts is contained herein. Plaintiff is the sole owner and proprietor of a web-based software product called DigTrack, which is a comprehensive tool that enables municipalities, utilities, pipelines, and contract locating firms to manage their dig tickets and other business operations, including billing and damage reporting. (ECF No. 94, at