`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`UNIVERSITY OF MASSACHUSETTS
`and CARMEL LABORATORIES, LLC,
`
`
`
`v.
`
`L’ORÉAL USA, INC.,
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`Defendant.
`
`
`
`
`C.A. No. 17-cv-868-CFC-SRF
`
`
`
`
`
`MOTION TO RESOLVE DISCOVERY DISPUTE
`The parties respectfully move this Court to address outstanding disputes regarding
`
`the following discovery matters during the May 18, 2020 teleconference:
`
`Issues Raised During the April 24, 2020 Teleconference
`
` Plaintiffs’ request, as then ordered by the Court, that L’Oréal USA search for and
`produce documents responsive to RFPs 27, 32, 40, 41, 42, 53, 59, and 66;
` Plaintiffs’ request, as then ordered by the Court, that L’Oréal USA complete its
`production of organizational charts; and
` L’Oréal USA’s status of production of communications from FTC Investigation
`Docket No. C-4489.
`
`Issues Not Raised During the April 24, 2020 Teleconference
`
`
`
` Plaintiffs’ request that L’Oréal USA search for and produce documents responsive to
`RFPs 1, 2, 3, 4, 7, 8, and 10;1
` Plaintiffs’ request that L’Oréal USA search for and produce documents responsive to
`RFP 682;
` Plaintiffs’ request that L’Oréal USA supplement its responses to Interrogatories No. 3
`and 5;3
`
`1 The parties dispute whether they have met and conferred on this request.
`2 The parties dispute whether they have met and conferred on this request.
`3 The parties dispute whether they have met and conferred on this request.
`
`1
`
`
`
`Case 1:17-cv-00868-CFC-SRF Document 153 Filed 05/11/20 Page 2 of 3 PageID #: 4968
`
` Plaintiffs’ request that L’Oréal USAsupplement and correct its privilege log4 and
`provide further information with respect to the litigation hold it implemented for this
`case;
` L’Oréal USA’s request that Plaintiffs be ordered to supplement their responses to
`L’Oréal USA’s Interrogatories No. 1, 8, 9, and 11;
` L’Oréal USA’s request that Plaintiffs be ordered to designate a witness to provide
`30(b)(6) testimony on L’Oréal USA Topics No. 27-35 and 39;
` L’Oréal USA’s request that Plaintiffs supplement and correct their privilege log and
`produce any non-privileged documents;5 and
` L’Oréal USA’s request that Plaintiffs be ordered to produce documents relating to
`Teresian Carmelites.
`
`The following attorneys, including at least one Delaware Counsel and at least one Lead
`
`
`
`Counsel per party, participated in verbal meet-and-confers by telephone on the following dates:
`
`April 14, 2020 and May 5, 2020.
`
`Delaware Counsel for Plaintiffs:
`
`
`Brian Farnan
`Farnan LLP
`
`
`
`
`
`Lead Counsel for Plaintiffs:
`
`
`
`
`
`Delaware Counsel for Defendant:
`
`
`Lead Counsel for Defendant:
`
`
`
`
`
`
`
`Justin Nelson
`Davida Brook
`Tamar Lusztig
`Beatrice Franklin
`Susman Godfrey LLP
`
`Kate Mowery
`Richards Layton & Finger PA
`
`Isaac Ashkenazi
`Karthik Kasaraneni
`Paul Hastings LLP
`
`Katherine F. Murray
`Serli Polatoglu
`Browne George Ross LLP
`
`
`The Parties request leave to submit simultaneous submissions of up to three pages
`
`
`4 The parties dispute whether they have met and conferred on this request.
`5 The parties dispute whether they have met and conferred on this request.
`
`
`2
`
`
`
`Case 1:17-cv-00868-CFC-SRF Document 153 Filed 05/11/20 Page 3 of 3 PageID #: 4969
`
`addressing issues raised during the April 24, 2020 teleconference, and to submit briefing in
`
`accordance with Magistrate Judge Fallon’s Standing Order on Discovery Matters addressing
`
`any issues not raised during the April 24, 2020 teleconference, in advance of the May 18, 2020
`
`teleconference. The Parties will continue to meet and confer in good faith and attempt to resolve
`
`these disputes in advance of the May 18, 2020 teleconference.
`
`Dated: May 11, 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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