Case 1:17-cv-00868-CFC-SRF Document 233-1 Filed 06/30/20 Page 1 of 16 PageID #: 9407
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`EXHIBITS A—B
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`Case 1:17-cv-00868—CFC-SRF Document 233-1 Filed 06/30/20 Page 2 of 16 PageID #: 9408
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`EXHIBIT C
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`EXHIBIT C
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`Case 1:17-cv-00868-CFC-SRF Document 233-1 Filed 06/30/20 Page 3 of 16 PageID #: 9409
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`IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`
`UNIVERSITY OF MASSACHUSETTS )
`MEDICAL SCHOOL and CARMEL )
`LABORATORIES, LLC, )
` )
` Plaintiffs, ) C.A. No.17-868-CFC-SRF
` )
`v. )
` )
`L'OREAL S.A. and L'OREAL )
`USA, INC., )
` )
` Defendants. )
`
`Friday, April 24, 2020
`11:00 a.m.
`
`844 King Street
`Wilmington, Delaware
`
`BEFORE: THE HONORABLE SHERRY R. FALLON
` United States District Court Judge
`
`APPEARANCES:
`FARNAN LLP
`BY: BRIAN FARNAN, ESQ.
` -and-
` SUSMAN GODFREY, LLP
` BY: JUSTIN A. NELSON, ESQ.
` BY: TAMAR LUSZTIG, ESQ.
` BY: BEATRICE FRANKLIN, ESQ.
`Counsel for the Plaintiffs
`
`Hawkins Reporting Service
`112 Burning Tree Road - Dover, Delaware 19904
`(302) 658-6697 FAX (302) 658-8418
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`APPEARANCES CONTINUED:
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`THE COURT: Good morning,
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`everyone. It's Magistrate Judge Sherry Fallon.
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`I'm prepared to address the discovery dispute in
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`U Mass versus L'Oreal. Let me find out who is
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`on the call. First, do we have our court
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`stenographer, Ms. Gunning?
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`COURT REPORTER: Yes. This is
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`Stacy Ingram from Hawkins, Your Honor.
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`THE COURT: Oh, sorry, Stacy. I
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`was informed it might be Val Gunning. Thank you
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`for being available this morning. Is my law
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`clerk, Ms. Polito, on the line?
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`LAW CLERK: Yes, Judge, I'm on the
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`line.
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`THE COURT: All right. Thank you.
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`And let's start with appearances of counsel for
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`the University of Massachusetts, et al. Who is
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`on the line starting with Delaware counsel?
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`MR. FARNAN: Good morning, Your
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`Honor. Brian Farnan on behalf of the plaintiff
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`and with me is Justin Nelson, Tamar Lusztig and
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`Beatrice Franklin, all from Susman Godfrey.
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`THE COURT: All right. And who is
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`on the line for L'Oreal?
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`Hawkins Reporting Service
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`112 Burning Tree Road - Dover, Delaware 19904
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`(302) 658-6697 FAX (302) 658-8418
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`MS. MOWERY: Good morning, Your
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`Honor. This is Kate Mowery from Richards,
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`Layton & Finger on the line for L'Oreal USA. I
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`have Fred Cottrell on the line as well from my
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`office and then Isaac Ashkenazi from Paul
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`Hastings and Katherine Murray from Browne George
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`Ross.
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`Honor.
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`MS. MURRAY: Good morning, Your
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`THE COURT: Good morning,
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`everyone. Just making my notes here. I'll just
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`remind everyone, you're probably familiar with
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`this from the last time we did the call, but
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`please announce your name before you start
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`speaking. Since there is a slight delay since
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`we're all remotely connected, please speak
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`slowly so that the court stenographer can make
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`an accurate record of our proceedings today and
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`if you're not speaking, keep your phone on mute
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`so there aren't any outside or extraneous noises
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`interrupting or obscuring the audio on those who
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`are speaking. If you're going to cite to any
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`particular exhibits, the filings that I received
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`for this dispute were rather lengthy, just give
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`Hawkins Reporting Service
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`112 Burning Tree Road - Dover, Delaware 19904
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`(302) 658-6697 FAX (302) 658-8418
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` RICHARDS, LAYTON & FINGER, P.A.
` BY: KATHERINE MOWERY, ESQ.
` BY: FRED COTTRELL, ESQ.
`
` -and-
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` PAUL HASTINGS,
` BY: ISAAC ASHKENAZI, ESQ.
`
` -and-
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` BROWNE GEORGE ROSS, LLP
` BY: KATHERINE MURRAY, ESQ.
`
` Counsel for the Defendants
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`04/30/2020 02:54:00 AM
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`Case 1:17-cv-00868-CFC-SRF Document 233-1 Filed 06/30/20 Page 4 of 16 PageID #: 9410
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`their understanding too, okay, because then we
`documents. And so that 30(b)(6) deposition
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`issued after this October agreement, we issued
`happened. I understand from this call today
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`new requests for production which came up in the
`that there's issues with it that I may be
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`prior discussion this morning and those include
`hearing about in the future, but nonetheless,
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`more request, including request number 42, which
`putting aside whatever agreement was understood
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`asks for final business plans, strategy
`or perhaps misunderstood, what's more helpful to
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`documents and request number 66, which talks
`me today is for you to frame what the plaintiffs
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`about customer surveys. And they agreed in
`are seeking, what proportion of that, if any,
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`those, in that same language that we discussed
`has been produced already, by what you've got
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`before, that they were going to produce those
`from L'Oreal. What's missing? I understand
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`documents and they didn't reference any prior
`you've cited to request for production 40, 41,
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`agreement. They just said in that same sentence
`42, 66. In general those seek sales forecasts,
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`that they were going to produce in mid January.
`production of documents regarding market share,
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`And at this point the document production
`strategic business plans, marketing strategies,
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`deadline was February 7. Your Honor, in the
`production of consumer surveys and drivers of
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`February hearing, extended that to February 28.
`demand. Again, do I have their responses in
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`And then we looked at the documents and they
`front of me so I can look at what L'Oreal
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`just weren't there. And this is their
`formally responded when it answered these
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`understanding that only applied to requests for
`requests for production? Are there bates
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`production 31 as well. And if I can point Your
`ranges? Are there documents produced? That's
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`Honor to docket number 87, this is what they
`more helpful to me than splitting hairs over
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`rely on for the supposed agreement.
`whether there was a specific agreement or not.
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`THE COURT: All right. Let me get
`Let's get to the heart of the matter. What
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`there. You said 87?
`relief is being sought? What have you got?
`Hawkins Reporting Service
`Hawkins Reporting Service
`112 Burning Tree Road - Dover, Delaware 19904
`112 Burning Tree Road - Dover, Delaware 19904
`(302) 658-6697 FAX (302) 658-8418
`(302) 658-6697 FAX (302) 658-8418
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`MR. NELSON: 87. This is in
`Where is it insufficient and what can the Court
`advance of this February hearing.
`do in the view of the plaintiff to make this
`THE COURT: Right. Go ahead.
`move along?
`MR. NELSON: And --
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`MR. NELSON: Thank you, Your MR. NELSON: Thank you, Your
`THE COURT: I'm there.
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`Honor. I will address those specifically.Honor. I will address those specifically.
`MR. NELSON: On page -- on page 3,
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`First to answer your last one. With respect to First to answer your last one. With respect to
`Your Honor, it references the agreement. And
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`what they did and how they responded on their what they did and how they responded on their
`let me see here, so I can point you specifically
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`third set of requests for production, it was the third set of requests for production, it was the
`to that page. Bear with me, Your Honor, I want
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`same type -- for request number 40 and 41, they same type -- for request number 40 and 41, they
`to make sure that we're exactly on this.
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`objected completely. For request -- and this is objected completely. For request -- and this is
`THE COURT: Let's just bring in
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`not in the report, but I'm sure L'Oreal's not in the report, but I'm sure L'Oreal's
`context. My issues with this March 26th issue
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`counsel will correct me if I'm wrong. For counsel will correct me if I'm wrong. For
`were that these requests for these business
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`request number 42, they had that same sentence request number 42, they had that same sentence
`marketing type of documents beyond the launch
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`saying that they will produce after a reasonably saying that they will produce after a reasonably
`notebook -- launch books, I guess, or whatever,
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`diligent search. And same for request 66, just diligent search. And same for request 66, just
`that the marketing document requests in general
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`that one sentence. Now, after briefing in March that one sentence. Now, after briefing in March
`were overbroad, not very well defined, targeted,
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`was completed they produced finally their was completed they produced finally their
`precise and in enough detail that I could figure
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`document retention policies. And we then used document retention policies. And we then used
`out what plaintiffs were looking for. And I
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`those, not some language of our requests, but those, not some language of our requests, but
`thought that part of the problem was to -- the
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`based upon the categories that they themselves based upon the categories that they themselves
`plaintiffs didn't know what they were looking
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`keep, we addressed them, we raised them with the keep, we addressed them, we raised them with the
`for, they needed a 30(b)(6) deposition to kind
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`specific issues, for example, how they say specific issues, for example, how they say
`of delve into what materials may be out there to
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`things. And again, if it would be helpful, I'm things. And again, if it would be helpful, I'm
`ask for in this respect for this category of
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`happy to talk to exactly what we're seeking happy to talk to exactly what we're seeking
`Hawkins Reporting Service
`Hawkins Reporting Service
`112 Burning Tree Road - Dover, Delaware 19904
`112 Burning Tree Road - Dover, Delaware 19904
`(302) 658-6697 FAX (302) 658-8418
`(302) 658-6697 FAX (302) 658-8418
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`Case 1:17-cv-00868-CFC-SRF Document 233-1 Filed 06/30/20 Page 5 of 16 PageID #: 9411
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`based upon their document retention policies.
`search the budgets of the accused products to
`based upon their document retention policies.
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`search the budgets of the accused products tobudgets
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`And I'm looking now, Your Honor, at docket 123, And I'm looking now, Your Honor, at docket 123,
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`determine whether there are any relevant determine whether there are any relevant
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`exhibit 3. exhibit 3.
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`documents? Answer, I don't know. Did L'Oreal documents? Answer, I don't know. Did L'Oreal
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`search projections of the accused products for search projections of the accused products forprojections of
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`any relevant documents? Answer, I don't know.any relevant documents? Answer, I don't know.
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`Question, did L'Oreal search the trin reports Question, did L'Oreal search the trin reports
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`for any relevant documents? Answer, I don't for any relevant documents? Answer, I don't
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`know. And so these are what we tried to get to know. And so these are what we tried to get to
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`the bottom of. We are basing our requests the bottom of. We are basing our requests
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`specifically upon their document retention specifically upon their document retention
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`policies and we just don't have these documents, policies and we just don't have these documents,
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`again, after they had said they were going to again, after they had said they were going to
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`produce them. And perhaps I should just stop produce them. And perhaps I should just stop
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`there. I know its been a long time. If there's there. I know its been a long time. If there's
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`any follow up questions you might have, but any follow up questions you might have, but
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`that's basically it, we tried to expedite this that's basically it, we tried to expedite this
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`case, we pointed out specifically based upon case, we pointed out specifically based upon
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`their newly produced document retention their newly produced document retention
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`deadlines what exactly we think is missing, deadlines what exactly we think is missing,
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`where they are and why they haven't been where they are and why they haven't been
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`produced.produced.
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`MR. NELSON: Okay. So on page 5 MR. NELSON: Okay. So on page 5
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`of the document there's a header number 2A. of the document there's a header number 2A.
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`THE COURT: I have it.THE COURT: I have it.
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`MR. NELSON: It is the launch MR. NELSON: It is the launch
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`files and number 1 is the final concept files and number 1 is the final concept
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`documents with positioning, pricing, claims, et documents with positioning, pricing, claims, et
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`cetera, not to preview, but we asked this cetera, not to preview, but we asked this
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`specifically at the deposition yesterday and specifically at the deposition yesterday and
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`they didn't know. The 2C is the presentation they didn't know. The 2C is the presentation
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`files. On that same page, 3A, are the consumer files. On that same page, 3A, are the consumer
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`research including any test market studies, research including any test market studies,
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`right, whether, for example, anti-aging. And right, whether, for example, anti-aging. And
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`then on page 8 of that same document, Your then on page 8 of that same document, Your
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`Honor -- Honor --
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`THE COURT: Let me get there. I THE COURT: Let me get there. I
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`have it.have it.
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`THE COURT: Getting there. All THE COURT: Getting there. All
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`right. I have it.right. I haave it.
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`MR. NELSON: Is something called MR. NELSON: Is something called
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`feasibility and there's what's called a final feasibility and there's what's called a final
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`marketing decision and final launch time. And marketing decision and final launch time. And
`Hawkins Reporting Service
`112 Burning Tree Road - Dover, Delaware 19904
`(302) 658-6697 FAX (302) 658-8418
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`then C is forecasting. And we do not have these
`then C is forecasting. And we do not have these
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`documents, with the possible limited exception documents, with the possible limited exception
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`that for some, the few Lancome products, but that for some, the few Lancome products, but
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`they're not these products, they're not these MD they're not these products, they're not these MD
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`final marketing decisions and there's no final marketing decisions and there's no
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`timeline that goes along with them at least as timeline that goes along with them at least as
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`best we can understand. And when we asked about best we can understand. And when we asked about
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`this yesterday, the plaintiff just did not know.this yesterday, the plaintiff just did not know.
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`The other thing, again, based upon The other thing, again, based upon
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`as an example of what we're seeking based upon as an example of what we're seeking based upon
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`their specific -- based upon this old discovery, their specific -- based upon this old discovery,
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`based upon their specific, the document based upon their specific, the document
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`retention guidelines, if you go then to exhibit retention guidelines, if you go then to exhibit
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`4. And as an example, if you go -- let me know 4. And as an example, if you go -- let me know
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`when you're there, page 6 of that document.when you're there, page 6 of that document.
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`THE COURT: I have it.THE COURT: I have it.
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`MR. NELSON: Okay. And Roman MR. NELSON: Okay. And Roman
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`numeral 2, number 1, the final business plans, numeral 2, number 1, the final business plans,
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`budgets, projections and trin reports. So budgets, projections and trin reports. So
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`again, we have none of this. And then we asked again, we have none of this. And then we asked
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`about this specifically at the deposition about this specifically at the deposition
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`yesterday and this was the exchange, did L'Oreal yesterday and this was the exchange, did L'Oreal
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`search the final business plans of the accused search the final business plans of the accused
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`products? Answer, I don't know. Did L'Oreal products? Answer, I don't know. Did L'Oreal
`Hawkins Reporting Service
`112 Burning Tree Road - Dover, Delaware 19904
`(302) 658-6697 FAX (302) 658-8418
`04/30/2020 02:54:00 AM
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`THE COURT: All right. L'Oreal,
`you've heard the categories of documents that's
`tied in with the document retention policies and
`Hawkins Reporting Service
`112 Burning Tree Road - Dover, Delaware 19904
`(302) 658-6697 FAX (302) 658-8418
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`the way they're described on this policy. What
`is the problem in terms of production here?
`MS. MURRAY: Yes, Your Honor.
`This is Kathy Murray for L'Oreal. The problem
`is burden and proportionality to the needs of
`the case. And this is why --
`THE COURT: Where is the burden
`argument made? Where is the burden argument
`made in your response?
`MS. MURRAY: Well, Your Honor,
`this is why we reached an agreement with them
`and we explained the burden to them. We
`organized that call. We reached out to them in
`October and we said we need to have a call about
`the scope of this case and how discovery is
`going to happen because of the number of accused
`products. And the only thing in front of us at
`that time with respect to their request for
`marketing was that RFP 31. They had not served
`the other ones at that time. So what we
`explained, if you look at request 31, and I can
`pull it out for you.
`THE COURT: They say that was
`resolved. And did they have these document
`Hawkins Reporting Service
`112 Burning Tree Road - Dover, Delaware 19904
`(302) 658-6697 FAX (302) 658-8418
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`Case 1:17-cv-00868-CFC-SRF Document 233-1 Filed 06/30/20 Page 6 of 16 PageID #: 9412
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`retention policies at the time you made this
`books. We have provided competitive analysis,
`books. We have provided competitive analysis,
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`agreement? Did they know that categories of
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`pricing data, training guides, fact sheets, pricing data, training guides, fact sheets,
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`documents in the way that L'Oreal categorized
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`press releases, speeches, presentations. Every press releases, speeches, presentations. Every
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`them on the document retention policies
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`product is different. It's marketed different, product is different. It's marketed different,
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`potentially existed, did they have the document
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`every brand is different. So that is true we every brand is different. So that is true we
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`retention policy?
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`have not provided these categories for every have not provided these categories for every
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`MS. MURRAY: No, they did not.
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`single product, but we have provided marketing single product, but we have provided marketing
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`THE COURT: So that's part of the THE COURT: So that's part of the
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`for every product. Now understanding their for every product. Now understanding their
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`problem here. That's the problem. They problem here. That's the problem. They
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`concerns, we did have a meet and confer four concerns, we did have a meet and confer four
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`don't -- they don't have them. How do they know don't -- they don't have them. How do they know
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`hours long, they said no, that's not exactly hours long, they said no, that's not exactly
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`what to ask for and then you kind of pull a got what to ask for and then you kind of pull a got
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`what we need. Thanks for all that work, but now what we need. Thanks for all that work, but now
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`you with, what, you agreed to this. Well, they you with, what, you agreed to this. Well, they
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`we want more. We talked about it. They said we want more. We talked about it. They said
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`didn't know what the universe was at the time didn't know what the universe was at the time
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`they want the initial kind of concept business they want the initial kind of concept business
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`this, quote unquote, agreement was reached. So this, quote unquote, agreement was reached. So
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`strategy documents. We have agreed to go back strategy documents. We have agreed to go back
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`I'm having a little trouble here that you can be I'm having a little trouble here that you can be
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`and look for those launch concept documents. We and look for those launch concept documents. We
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`off the hook, your client can be off the hook off the hook, your client can be off the hook
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`don't know -- they're not necessarily called one don't know -- they're not necessarily called one
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`for production of marketing documents because of for production of marketing documents because of
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`thing. Because every brand they call it thing. Because every brand they call it
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`some agreement that was made to address some some agreement that was made to address some
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`something different. That's where we are now.something different. That's where we are now.
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`burden that was made with respect to a request burden that was made with respect to a request
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`It's really disappointing that we're waiting for It's really disappointing that we're waiting for
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`that has since been resolved.that has since been resolved.
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`one month before the discovery cutoff for them one month before the discovery cutoff for them
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`MS. MURRAY: Well, it hasn't been MS. MURRAY: Well, it hasn't been
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`to kind of upend and say we need more and we're to kind of upend and say we need more and we're
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`resolved, Your Honor, because that request asked resolved, Your Honor, because that request asked
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`basically having to start all over again to go basically having to start all over again to go
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`for all documents referring to your efforts to for all documents referring to your efforts to
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`get more of this because they received our get more of this because they received our
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`market and sell any product with adenosine. So market and sell any product with adenosine. So
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`documents months ago. But we're doing it and documents months ago. But we're doing it and
`Hawkins Reporting Service
`Hawkins Reporting Service
`112 Burning Tree Road - Dover, Delaware 19904
`112 Burning Tree Road - Dover, Delaware 19904
`(302) 658-6697 FAX (302) 658-8418
`(302) 658-6697 FAX (302) 658-8418
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`we explained to them, yes, there is so much at
`we're going back and requesting they provide the
`we explained to them, yes, there is so much at
`we're going back and requesting they provide the
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`this company that would cover that and there's this company that would cover that and there's
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`initial launch materials, not materials, the initial launch materials, not materials, the
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`no way we could produce all of that. What we're no way we could produce all of that. What we're
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`concepts, the strategy documents to the extent concepts, the strategy documents to the extent
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`going to do is we're going to give you what we going to do is we're going to give you what we
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`that the brands have them because some brands that the brands have them because some brands
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`believe would be the most helpful information believe would be the most helpful information
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`may not actually have these kinds of documents.may not actually have these kinds of documents.
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`and that included the launch materials for the and that included the launch materials for the
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`We don't know what else we can give them. We've We don't know what else we can give them. We've
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`product. It also included the ads for the product. It also included the ads for the
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`basically given them the needle, all the basically given them the needle, all the
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`products, the artwork for the product and the products, the artwork for the product and the
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`marketing, all the testing, everything that marketing, all the testing, everything that
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`launch materials. The problem with this and launch materials. The problem with this and
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`mentioned adenosine it the products. Just mentioned adenosine it the products. Just
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`this is a problem with how many products have this is a problem with how many products have
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`remember it's a patent infringement case, so I remember it's a patent infringement case, so I
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`been accused in the case, there's 13 different been accused in the case, there's 13 different
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`don't know what they need all of this don't know what they need all of this
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`brands and they all work independently and brands and they all work independently and
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`information for. So now they want the hay information for. So now they want the hay
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`differently. So when Mr. Nelson is citing final differently. So when Mr. Nelson is citing final
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`stack. They want to pick apart the document stack. They want to pick apart the document
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`business plan from retention policy, it may not business plan from retention policy, it may not
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`retention policies and say we want everything retention policies and say we want everything
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`exist for a particular brand, so when the exist for a particular brand, so when the
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`here for over 150 products. We are basically here for over 150 products. We are basically
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`witness was asked about this information, which witness was asked about this information, which
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`starting discovery over again, but we've agreed starting discovery over again, but we've agreed
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`he explained is that each brand manager was he explained is that each brand manager was
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`to go and look and we're in that process right to go and look and we're in that process right
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`asked to collect the launch materials, the asked to collect the launch materials, the
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`now of trying to get those early business slash now of trying to get those early business slash
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`initial marketing materials for the product and initial marketing materials for the product and
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`launch materials that they say they don't have.launch materials that they say they don't have.
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`to provide that, they couldn't be asked to get a to provide that, they couldn't be asked to get a
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`We disagree. We believe they have been We disagree. We believe they have been
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`particular name of a document because it did particular name of a document because it did
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`produced, but to the extent that they haven't produced, but to the extent that they haven't
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`come back and say nothing and we don't want them come back and say nothing and we don't want them
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`been produced for every product, we're going been produced for every product, we're going
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`to do that. So we broadened the search, to do that. So we broadened the search,
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`back and searching. back and searching.
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`provided marketing books, internal marketing provided marketing books, internal marketing
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`THE COURT: I accepted the hay THE COURRT: I accepted the hay
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`Hawkins Reporting Service
`Hawkins Reporting Service
`112 Burning Tree Road - Dover, Delaware 19904
`112 Burning Tree Road - Dover, Delaware 19904
`(302) 658-6697 FAX (302) 658-8418
`(302) 658-6697 FAX (302) 658-8418
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`Case 1:17-cv-00868-CFC-SRF Document 233-1 Filed 06/30/20 Page 7 of 16 PageID #: 9413
`101
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`stack argument, the overbreadth and I guess to
`or the net from being cast unreasonably wide to
`stack argument, the overbreadth and I guess to
`or the net from being cast unreasonably wide to
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`some degree burden, even though it wasn't some degree burden, even though it wasn't
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`put you through paces that are truly burdensome put you through paces that are truly burdensome
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`formally made at the prior hearing in denying formally made at the prior hearing in denying
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`and beyond the proportionality requirements of and beyond the proportionality requirements of
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`the request without prejudice, because I wanted the request without prejudice, because I wanted
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`rule 26 for this case. But I've got nothing to rule 26 for this case. But I've got nothing to
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`the plaintiffs to fine tune their request to the plaintiffs to fine tune their request to
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`show me that. I've got the plaintiffs coming show me that. I've got the plaintiffs coming
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`make it easier for your client to be able to make it easier for your client to be able to
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`back after I denied this request in March with back after I denied this request in March with
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`produce what was needed in this case. And I produce what was needed in this case. And I
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`more fine-tuned requests now that they know your more fine-tuned requests now that they know your
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`find that, you know, you're talking out of both find that, you know, you're talking out of both
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`document retention policies, now that they had a document retention policies, now that they had a
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`sides of your mouth, so to speak, where we're sides of your mouth, so to speak, where we're
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`30(b)(6) deposition of one of your witnesses 30(b)(6) deposition of one of your witnesses
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`going -- we're going to try and produce helpful going -- we're going to try and produce helpful
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`with respect to document retention and storage.with respect to document retention and storage.
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`information, but we're going to hold back information, but we're going to hold back
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`And so the most -- what I'm going to do here is And so the most -- what I'm going to do here is
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`because it's outside of the agreement and I'm because it's outside of the agreement and I'm
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`I'm going to direct that L'Oreal supplement its I'm going to direct that L'Oreal supplement its
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`not really sure that I understand on this call not really sure that I understand on this call
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`responses to requests for production number 40, responses to requests for production number 40,
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`exactly where L'Oreal stands and I'm also faced exactly where L'Oreal stands and I'm also faced
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`41, 42 and 66, provide supplemental responses to 41, 42 and 66, provide supplemental responses to
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`with the prospect that your client's response to with the prospect that your client's response to
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`that and in the meantime also -- and do that that and in the meantime also -- and do that
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`requests for production are basically requests for production are basically
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`within two weeks, because obviously documents within two weeks, because obviously documents
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`unresponsive because they're just full of unresponsive because they're just full of
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`have already been produced which are arguably have already been produced which are arguably
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`objections and they state that well, objections and they state that well,
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`responsive to some or all of these requests.responsive to some or all of these requests.
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`notwithstanding the objections, if we find notwithstanding the objections, if we find
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`And in the meantime meet and confer with the And in the meantime meet and confer with the
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`something that we think is relevant, we'll give something that we think is relevant, we'll give
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`plaintiffs. If you still continue to feel that plaintiffs. If you still continue to feel that
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`it to you. That's not the way discovery is it to you. That's not the way discovery is
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`they're going above and beyond what is they're going above and beyond what is
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`conducted. A party on the receiving end of the conducted. A party on the receiving end of the
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`reasonable and proportional, then have that reasonable and proportional, then have that
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`discovery request doesn't necessarily get to discovery request doesn't necessarily get to
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`dis