Lawsuit Prodigy Promos

Prodigy Promos Lawsuit

The Prodigy Promos Lawsuit involves Vox Marketing Group, LLC’s lawsuit against Prodigy Promos L.C. and several individuals centered on allegations of computer fraud, trade secret theft, and tortious interference.

The defendants include Jason Marsh, Jon Priday, Tyler Fredrickson, Eric Oldson, Spencer Oldson, and Michael Perleys, all brought before the District of Utah US Federal District Court. The cause of action spans violations of the Computer Fraud and Abuse Act, the Trade Secrets Act, and tortious interference.

As of now, the lawsuit’s current status highlights the denial of the Prodigy Defendants’ motion to compel by a Magistrate Judge, with contention still brewing over the designation of information under the Stipulated Protective Order.

Prodigy Promos Lawsuit Explanation

Vox Marketing Group, LLC filed a lawsuit in the US District Court for the Central Division of Utah. They say that Prodigy Promos L.C. and its related defendants hacked into their websites without permission, which is illegal under the Computer Fraud and Abuse Act, trade secrets act violations, and tortious interference.

The defendants, including Jason Marsh and others, are accused of not just unauthorized access but also the misappropriation of confidential information, challenging the boundaries of legal and ethical business practices. The court’s role in adjudicating this dispute involves scrutinizing motions, orders, and protective orders, all while navigating the delicate balance of protecting trade secrets and ensuring fair competition.

One pivotal moment in the lawsuit was the court’s decision to deny Prodigy’s motion to compel Vox to produce the Code, affirming that Vox had already met its obligations.

Parties involved

In examining the lawsuit between Vox Marketing Group, LLC, and Prodigy Promos L.C., it’s crucial to scrutinize the roles of the involved parties, specifically the defendants Jason Marsh, Jon Priday, Tyler Fredrickson, Eric Oldson, Spencer Oldson, and Michael Perleys, to understand the legal dynamics at play.

As a detailed observer, I’ve noted that this case, filed in the United States District Court for the District of Utah Central Division, highlights a significant dispute within the marketing industry. The involvement of the United States Magistrate Judge, particularly Chief Magistrate Judge Paul M. Warner, in directing the procedural aspects of this case, such as the Prodigy Defendants’ motion to compel, suggests a complex legal battle.

The Defendants Prodigy, collectively referred to as Prodigy Promos et al., represent a Utah limited liability company alongside individual Prodigy Defendants, each playing a unique role in this legal confrontation with Vox Marketing, a separate marketing group.

The motion filed by the prodigy defendants, which didn’t comply with the short-form discovery motion procedure, indicates potential strategic missteps or misunderstandings regarding court protocols.

The cause of action

It’s critical to examine the cause of action, which centers on allegations of unauthorized access to Vox Marketing Group’s web pages by Prodigy Promos and its affiliates. Vox Marketing Group’s assertion under the Computer Fraud and Abuse Act highlights a significant breach, accusing Prodigy Promos of manipulating URLs to access restricted web pages without permission. This manipulation points to potential trade secret violations and tortious interference, underscoring the gravity of the allegations.

The lawsuit doesn’t stop there; it delves into disputes concerning the designation of protected information under the Stipulated Protective Order. Prodigy defendants argue that certain designations by Vox are overly broad while also seeking to limit the scope of what constitutes protected information. However, prodigy defendants have failed to convincingly justify their access to and use of the alleged trade secrets contained within the Aptegra Files and deposition exhibits.

Furthermore, the Prodigy Defendants used these contentious tactics not just to gain unauthorized access but purportedly to interfere with Vox’s business operations. Despite their efforts, prodigy defendants fail to provide a robust defense against the accusation of accessing Vox’s web pages without authorization.

Relief being sought

Seeking justice and reparation, Vox Marketing Group demands comprehensive compensation for the alleged unauthorized intrusions and manipulations by Prodigy Promos. The relief being sought is multifaceted, aiming to address breaches of privacy, intellectual property infringements, and deceitful marketing practices purportedly carried out by the Prodigy Defendants. In essence, Vox Marketing Group seeks not only monetary damages but also injunctive relief to prevent future unauthorized activities and to secure the protection of its trade secrets.

The company’s legal actions are detailed in a Memorandum Decision and Order, highlighting the request for the enforcement of a protective order permitting certain CI designations to be removed. This step is crucial for preserving the confidentiality of the subject lines involved in the dispute. Moreover, Vox Marketing Group pushes for the motion to maintain confidentiality, emphasizing the need to safeguard sensitive information from unwarranted exposure.

In an assertive move, Vox Marketing Group challenges the prodigy defendants’ compliance with the Rule of Civil Procedure, specifically contesting the sharing of the subject lines without proper authorization. The court’s stance on this matter is pivotal, as it recently denied Aptegra’s motion, underscoring the seriousness of the allegations and the stringent measures being sought to rectify the situation.

Lawsuit Prodigy Promos

Key events and timeline

The legal battle between Vox Marketing Group, LLC, and Prodigy Promos et al., initiated by the lawsuit filed in the United States District Court for the District of Utah Central Division, marks a critical juncture in the unfolding saga of intellectual property disputes within the marketing industry. This case highlights the complexities surrounding the protection and enforcement of intellectual assets, a cornerstone of competitive advantage in this sector.

As the proceedings unfolded, a pivotal moment occurred when the prodigy defendants filed a motion to compel Vox to respond to Requests No. 19–21. This move, however, didn’t align with the short-form discovery motion procedure, adding another layer of intrigue to the case.

The US Federal District Court presided over by a Magistrate Judge, issued a DECISION AND ORDER rejecting the prodigy defendants’ motion. This decision underscored the court’s stance on adherence to procedural norms, particularly within the civil discovery process.

The court’s ruling not only emphasized the importance of maintaining the integrity of the discovery process but also highlighted the protection of sensitive information, categorizing documents as either ‘Confidential or Highly Confidential’ under a Special Protective Order (SPO). This aspect of the case draws an interesting parallel to discovery in criminal proceedings, albeit within the unique context of intellectual property litigation.

Key arguments

The Prodigy Defendants have staunchly defended against the allegations, particularly focusing on the court’s interpretation of the Computer Fraud and Abuse Act (CFAA) and the Protective Order Under Rule, which is pivotal in determining the confidentiality of the disputed information. They argue that the District of Utah shouldn’t issue a protective order as Vox hasn’t demonstrated a substantial need for such protection.

On the other side, Vox argues that the defendants’ designations of certain information as non-confidential under the Stipulated Protective Order (SPO) expose sensitive data, risking unwarranted disclosure of trade secrets. They lean heavily on Federal District Court opinions and the guidance of the Magistrate Judge, asserting that the court concludes a protective order is justified to prevent potential misuse of proprietary information.

In essence, the dispute hinges on the interpretation of legal standards for the protection of confidential information and the application of the CFAA. Both parties deploy complex legal arguments, seeking to persuade the court of their stance on the rightful application of the Rule and the necessity of a protective order to safeguard sensitive data.

Current status

Currently, the Prodigy Promos lawsuit remains unresolved, with both parties entrenched in legal maneuvers within the United States District Court for the District of Utah Central Division.

The Prodigy Defendants have been actively pursuing a motion to compel, which has prompted a detailed response from the court. The Magistrate Judge, overseeing these proceedings, has issued directives emphasizing the necessity for stringent adherence to the established discovery motion procedures moving forward.

The court has carefully reviewed the arguments concerning the Prodigy Defendants’ request to compel further disclosures from Vox. It’s worth noting that the court found Vox had met its obligations regarding a prior agreement, leading to the denial of the Prodigy Defendants’ motion.

Furthermore, the discourse surrounding the award of reasonable expenses and the potential for a protective order hints at the depth of legal research and strategizing ongoing in this case. Both parties are navigating complex legal frameworks to assert their positions, indicating a highly contested battle that hinges on nuanced interpretations of the law and procedural propriety within the District of Utah.


Given the court’s recent rulings, it’s clear that the outcome of this lawsuit could have far-reaching implications for how intellectual property rights are enforced in the digital age. The Prodigy Defendants’ reliance on specific procedural and substantive defenses highlights the need for a nuanced understanding of how case metadata and case law interact in disputes involving digital assets.

Their arguments concerning the inadmissibility of certain Deposition Exhibits and Customer List Exhibits, on grounds of irrelevance or lack of proper authentication, underscore the complexity of proving intellectual property theft in a digital environment.

Moreover, the way Prodigy Defendants used the Standard Protective Order (SPO) to designate certain information as Proprietary Information (PI) and their designations on the Customer and Prodigy business information reveal the strategic use of confidentiality measures in litigation. This not only impacts the immediate parties but also sets a precedent for how sensitive business information is handled in court.

The implications of this case extend to the broader legal community, potentially influencing how information is designated, the reliance on digital evidence, and the strategies employed in intellectual property litigation. This lawsuit serves as a pivotal example of the evolving nature of legal disputes in the realm of digital information and business practices.


The case between Vox Marketing Group, LLC and Prodigy Promos L.C., alongside several individual defendants, isn’t just a legal battle but a spotlight on the delicate balance between innovation and the protection of intellectual assets.

The defendants’ motion to compel Vox to respond to specific requests underlines the tactical maneuvers in play, drawing attention to the procedural aspects of such lawsuits. The inclusion of issues like alleged confidentiality breaches and unauthorized webpage access raises significant questions about the boundaries of lawful competition versus illicit overreach.

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