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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`UNIVERSITY OF MASSACHUSETTS
`and CARMEL LABORATORIES LLC,
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` Plaintiffs,
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`v.
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`L’ORÉAL USA, INC.,
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` Defendant.
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`C.A. No. 17-868-CFC-SRF
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`CERTIFICATION TO DEFENDANT’S OBJECTIONS TO
`MAGISTRATE JUDGE’S APRIL 24, 2020 ORDER
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`Pursuant to the Court’s October 9, 2013 Standing Order for Objections Filed
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`Under Fed. R. Civ. P. 72, Defendant L’Oréal USA, Inc. (“L’Oréal USA”) hereby
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`certifies that the objections filed on May 8, 2020, to portions of the Magistrate
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`Judge’s April 24, 2020 oral ruling (the “Order”) do not raise any new legal or
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`factual arguments that were not previously raised before the Magistrate Judge
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`through briefing leading to or oral argument during the March 26, 2020 and April
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`24, 2020 telephonic discovery dispute conferences, with the following exceptions:
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`1.
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`L’Oréal USA provides details of its search and production of
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`documents since the Order was issued and provides limited details of what the
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`produced documents have revealed, including that its White Paper submitted to the
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`FTC during the investigation did not contain the word “adenosine.” As counsel for
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`RLF1 23392891v.1
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`
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`Case 1:17-cv-00868-CFC-SRF Document 151-3 Filed 05/08/20 Page 2 of 3 PageID #: 4963
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`L’Oréal USA had not received and reviewed any potentially responsive documents
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`at the time of Order, it could not share the aforementioned factual details during
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`the discovery conference on April 24, 2020.
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`2.
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`L’Oréal USA points out that Plaintiffs’ Request for Production No. 65
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`does not seek internal communications relating to FTC investigations. That
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`Plaintiffs’ brief and proposed order were seeking documents outside of their
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`request was not apparent until after the Magistrate Judge’s Order was issued, and
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`Plaintiffs never pointed that out to the Court.
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`/s/ Frederick L. Cottrell, III
`
`Frederick L. Cottrell, III (#2555)
`Katharine L. Mowery (#5629)
`Richards, Layton & Finger, P.A.
`One Rodney Square
`920 N. King Street
`Wilmington, Delaware 19801
`(302) 651-7700
`cottrell@rlf.com
`mowery@rlf.com
`
`Attorneys for Defendant L’Oréal USA, Inc.
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`
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`Of Counsel:
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`Eric W. Dittmann
`Isaac S. Ashkenazi
`Nicholas A. Tymoczko
`Karthik R. Kasaraneni
`Paul Hastings LLP
`200 Park Avenue
`New York, NY 10166
`
`Naveen Modi
`Joseph E. Palys
`Paul Hastings LLP
`875 15th Street, N.W.
`Washington, D.C. 20005
`(202) 551-1990
`
`Dennis S. Ellis
`Katherine F. Murray
`Serli Polatoglu
`BROWNE GEORGE ROSS LLP
`2121 Avenue of the Stars, Suite
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`2
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`
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`Case 1:17-cv-00868-CFC-SRF Document 151-3 Filed 05/08/20 Page 3 of 3 PageID #: 4964
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`
`
`2800
`Los Angeles, California 90067
`(310) 274-7100
`dellis@bgrfirm.com
`kmurray@bgrfirm.com
`spolatoglu@bgrfirm.com
`
`Dated: May 8, 2020
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`
`3
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