`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`UNIVERSITY OF MASSACHUSETTS and
`CARMEL LABORATORIES, LLC,
`
`Plaintiffs,
`
`
`
`v.
`
`L’ORÉAL USA, INC.,
`
`Defendant.
`
` Case No. 17-cv-868-CFC-SRF
`
`[PROPOSED] ORDER
`
`
`
`THIS MATTER having been brought before the Court on Motion by Plaintiffs
`
`University of Massachusetts and Carmel Laboratories, LLC, seeking relief regarding
`
`Defendant’s document production deficiencies; and the Court having considered the parties’
`
`positions as set forth in the letters submitted on March 19 and 20, 2020, and during the March
`
`26, 2020 hearing;
`
`IT IS on this _______ day of March, 2020, hereby:
`
`ORDERED that Plaintiffs’ Motion is hereby GRANTED; and it is further
`
`ORDERED that:
`
`(1) Defendant shall produce, on or before March 30, 2020, any outstanding marketing or
`testing materials related to the Accused Products or the use of adenosine in Defendant’s
`products, including internal communications, market analyses, business plans, product
`development plans and/or timelines and/or product lifecycle documents, sales forecasts,
`documents regarding consumer demand; documents regarding its testing protocols,
`processes, or reasons for conducting such tests; and any internal documents related to its
`decision to include adenosine in its products;
`
`(2) Defendant shall provide, on or before March 30, 2020, certification under oath by lead
`counsel and by L’Oréal USA that L’Oréal USA has completely searched for and
`produced all relevant and non-privileged documents responsive to each of Plaintiffs’
`Requests for Production, the Court’s February 18 Order, and all documents required to be
`
`
`
`
`
`
`
`
`
`
`
`Case 1:17-cv-00868-CFC-SRF Document 109-1 Filed 03/26/20 Page 2 of 2 PageID #: 3555
`
`produced by Paragraph 6 of the Court’s Scheduling Order, in its possession, custody, or
`control (including but not limited to documents created by L’Oréal, S.A., to the extent
`L’Oréal USA has access to them);
`
`(3) Defendant shall provide a single witness who can knowledgeably testify on the topics
`identified in Plaintiffs’ February 21 deposition notice, for a deposition to take place on or
`before April 3, 2020;
`
`(4) Defendant shall produce documents responsive to Plaintiffs’ Requests for Production No.
`8, 25, 49, 50, and 65, including all documents related to any adenosine penetration testing
`of the Accused Products, reports and deposition testimony from their damages experts in
`the Liqwd case, and any documents produced to the FTC or another agency that refer or
`relate to the Accused Products; and
`
`(5) The parties shall appear for a telephonic conference on April 5, 2020, at _________ to
`discuss any remaining issues related to Defendant’s document production or the
`deposition.
`
`________________________________
`
` The Honorable Sherry R. Fallon.
`
`
`
`
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