`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`C.A. No. 17-cv-868-CFC-SRF
`
`UNIVERSITY OF MASSACHUSETTS
`and CARMEL LABORATORIES, LLC,
`
`
`
`v.
`
`L’ORÉAL USA, INC.,
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`Defendant.
`
`MOTION TO RESOLVE DISCOVERY DISPUTE
`The parties respectfully move this Court to address outstanding disputes regarding
`
`
`
`
`
`the following discovery matters during the April 24, 2020 teleconference:
`
`Issues Raised During the March 26, 2020 Teleconference1
`
` Plaintiffs’ request for the production of further marketing, sales, and business
`documents from Defendant in response to Plaintiffs’ Requests for Production No. 31,
`40, 41, 42, 44, 45, 51, 62, 66, and 67;
` Plaintiffs’ request for the production of further testing materials from Defendant in
`response to Requests for Production No. 25, 28, 32, 33, 34, 50, 59, and 60;
` Plaintiffs’ request for the production of internal and external communications
`regarding the FTC investigation into the Accused Products (DOCKET NO. C-4489)
`in response to Plaintiffs’ Request for Production No. 62;
` The parties’ stipulation regarding the Teresian Carmelites;2 and
` The case schedule.
`
`
`
`
`
`
`1 The Parties have resolved the dispute regarding Plaintiffs’ Rule 30(b)(6) deposition of Defendant
`on noticed topics regarding Defendant’s document collection and production. The deposition is
`scheduled to go forward using TSG remote reporting on April 23, 2020.
`
` The Parties have met and conferred about this draft stipulation and expect to resolve this dispute
`in advance of the scheduled April 24, 2020 teleconference.
`
` 2
`
`1
`
`
`
`Case 1:17-cv-00868-CFC-SRF Document 118 Filed 04/17/20 Page 2 of 3 PageID #: 3681
`
`Issues Not Raised During the March 26, 2020 Teleconference
`
` Plaintiffs’ request for the production of further Accused Product development records
`from Defendant in response to Plaintiffs’ Requests for Production No. 27, 32, 42, and
`53;
` Plaintiffs’ request for the production of further patent records from Defendant in
`response to Plaintiffs’ Requests for Production No. 22 and 23;
` Defendant’s request for relief with respect to documents underlying Plaintiffs’ testing
`that formed the basis for their Infringement Contentions; and
` Plaintiffs’ request for organizational charts from Defendant in response to Plaintiffs’
`Request for Production No. 35 and to assist Plaintiffs in identifying appropriate
`witnesses for 30(b)(6) depositions.3
`
`The following attorneys, including at least one Delaware Counsel and at least one Lead
`
`
`
`Counsel per party, participated in a verbal meet-and-confer by telephone on the following date:
`
`April 14, 2020.
`
`
`
`
`
`Delaware Counsel for Plaintiffs:
`
`
`Brian Farnan
`Farnan LLP
`
`Lead Counsel for Plaintiffs:
`
`
`
`
`Delaware Counsel for Defendant:
`
`
`Justin Nelson
`Tamar Lusztig
`Beatrice Franklin
`Susman Godfrey LLP
`
`Kate Mowery
`Richards Layton & Finger PA
`
`Lead Counsel for Defendant:
`
`
`
`
`Isaac Ashkenazi
`Katherine F. Murray
`Serli Polatoglu
`Paul Hastings LLP
`
`
`Briefing
`
`Plaintiffs’ Proposal: The Parties request to submit simultaneous briefing limited to 3
`
`pages per side on all the above-listed issues raised on the March 26, 2020 teleconference by
`
`
`3 Defendant contends the parties have not met and conferred on this issue.
`
`2
`
`
`
`Case 1:17-cv-00868-CFC-SRF Document 118 Filed 04/17/20 Page 3 of 3 PageID #: 3682
`
`April 21, and briefing in accordance with Magistrate Judge Fallon’s Standing Order on
`
`Discovery Matters for the above-listed issues not raised on the March 26, 2020 teleconference
`
`consisting of either (1) three additional pages to be included in the simultaneous submissions
`
`above or (2) briefing pursuant to the Court’s Order on Discovery Matters with opening letters
`
`submitted April 20 and answering letters submitted April 22.
`
`Defendant’s Proposal: The Parties request leave to submit briefing on all issues listed
`
`above in accordance with Magistrate Judge Fallon’s Standing Order on Discovery Matters.
`
`The Parties will continue to meet and confer in good faith and attempt to resolve these
`
`disputes in advance of the April 24, 2020 teleconference.
`
`Dated: April 17, 2020
`
`FARNAN LLP
`
`
`
`/s/ Brian E. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 N. Market St., 12th Floor
`Wilmington, DE 19801
`(302) 777-0300
`(302) 777-0301 (Fax)
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`Attorneys for Plaintiffs
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`Richards, Layton & Finger, P.A.
`
`
`/s/ Katharine L. Mowery
`Frederick L. Cottrell, III (#2555)
`Jeffrey L. Moyer (#3309)
`Katharine L. Mowery (#5629)
`One Rodney Square
`920 N. King Street
`Wilmington, Delaware 19801
`(302) 651-7700
`cottrell@rlf.com
`moyer@rlf.com
`mowery@rlf.com
`
`Attorneys for Defendant L’Oréal USA, Inc.
`
`
`3
`
`
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