Case 1:17-cv-00868-CFC-SRF Document 104 Filed 03/19/20 Page 1 of 2 PageID #: 3110
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`Frederick L. Cottrell III
`302-651-7509
`Cottrell@rlf.com
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`March 19, 2020
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`VIA CM/ECF
`The Honorable Sherry R. Fallon
`District Court of Delaware
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`J. Caleb Boggs Federal Building
`Wilmington, DE 19801-3567
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`Re: University of Massachusetts and Carmel Laboratories, LLC. v. L’Oréal USA, Inc.,
`C.A. No. 17-868-CFC-SRF
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`Dear Judge Fallon:
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`Defendant L’Oréal USA, Inc. (“L’Oréal USA”) respectfully requests that this Court order
`Plaintiffs University of Massachusetts and Carmel Laboratories, LLC (“Carmel Labs”) (together,
`“Plaintiffs”) to produce all documents responsive to L’Oréal USA’s Request for Production Nos.
`11, 30-33, 45, 84, 87, 92, 94, 95, and 100 (the “Requests”).
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`The Requests concern Plaintiffs’ allegations regarding the Teresian Carmelites, which are
`described in Plaintiffs’ First Amended Complaint (“FAC”) as “a non-profit Christian monastery
`dedicated to prayer, contemplation, and service to the poor and marginalized.” (D.I. 13 at ¶ 14.)
`Plaintiffs allege that L’Oréal USA’s launch of certain skincare products caused financial harm to
`the Teresian Carmelites and its “wholly-owned for-profit subsidiary,” Carmel Labs. (Id. at ¶ 3;
`see also id. at ¶¶ 15, 17, 28-29 (alleging that, “[d]ue to public focus on [L’Oréal USA’s]
`adenosine products, projected sales of Easeamine did not materialize, resulting in lost revenue to
`Carmel Labs, and, ultimately, to Teresian Carmelites,” leaving the Teresian Carmelites “unable
`to pay the monastery’s mortgage,” “unable to maintain health insurance for its members,” and
`“unable to use the projected Easeamine profits to fund its charitable works,” among other
`things).)
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`L’Oréal USA served its First Set of Requests for the Production of Documents and
`Things to Plaintiffs on September 11, 2019. Request Nos. 11, 30-33, 45, 83, 84, 87, 92, 94, 95,
`and 100 therein sought documents relating to Plaintiffs’ allegations regarding the Teresian
`Carmelites, as well as the organization’s relationship with Carmel Labs and its President, Dennis
`Wyrzykowski. (See, e.g., Ex. A at Request No. 31 (“All Documents and Communications
`Concerning the obligations undertaken by Teresian Carmelites to finance the development and
`launch of Your Easeamine Products.”), Request No. 45 (requesting documents “sufficient to
`show Teresian Carmelites’ annual, quarterly, and monthly profits and losses from the time it first
`began its relationship with Carmel Labs to the present”), Request No. 100 (seeking documents
`“concerning Dennis Wyrzykowski’s employment at Carmel Labs and/or Teresian Carmelites”).)
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`On October 11, 2019, Plaintiffs served objections and responses to the Requests, which
`failed to indicate whether they would be producing any documents in response thereto. The
`parties met and conferred regarding the Requests on November 4, 2019, and on November 15th,
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`Plaintiffs served supplemental objections and responses. Therein, Plaintiffs indicated that they
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`Case 1:17-cv-00868-CFC-SRF Document 104 Filed 03/19/20 Page 2 of 2 PageID #: 3111
`The Honorable Sherry R. Fallon
`March 19, 2020
`Page 2
`would not be producing any documents responsive to Request Nos. 11, 30-33, 45, 84, 87, 92, and
`95, stating that no such production was necessary because Plaintiffs “will not seek to introduce
`evidence or argument at summary judgment or trial regarding the leveraging of property owned
`by Teresian Carmelites, Teresian Carmelites’ inability to pay the monastery’s mortgage,
`Teresian Carmelites’ sale of property to prevent foreclosure on the monastery, Teresian
`Carmelites’ inability to maintain health insurance for its members, or Teresian Carmelites’
`inability to use projected Easeamine profits to fund its charitable works.” (See Ex. A.) Plaintiffs
`also refused to produce any documents responsive to Request No. 100 except insofar as such
`documents concerned Plaintiffs’ damages claims, or the ownership of the asserted patents. (Id.
`at Supplemental Response to Request No. 100.)
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`L’Oréal USA understood Plaintiffs’ responses to mean that they would not be introducing
`any evidence or argument regarding the Teresian Carmelites during summary judgment or at
`trial. As such, on March 10, 2020, L’Oréal USA requested that Plaintiffs execute a stipulation
`confirming their position. (See Ex. B.) During a meet and confer held on March 12, 2020,
`Plaintiffs’ counsel indicated that they were amenable to a stipulation but they could not agree to
`the language proposed by L’Oréal USA. Plaintiffs’ counsel agreed to provide line edits to the
`stipulation the next day. As of this filing, Plaintiffs’ counsel has not provided any proposed edits
`to the stipulation. As such, L’Oréal USA respectfully requests that Plaintiffs be ordered to
`produce all documents responsive to the Requests.
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`Respectfully,
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`/s/ Frederick L. Cottrell, III
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`Frederick L. Cottrell, III (#2555)
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`cc: Counsel of Record (via CM/ECF and E-Mail)
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