`
`
`JENNIFER CHAMBERLAIN,
`
`
`
`
`AVON PRODUCTS, INC., et al.,
`
`
`
`
` v.
`
` Plaintiff,
`
`
`
`
`
`
` Defendants.
`
`
`
`CIVIL DIVISION — COMPLEX
`
`Docket No. GD 22‐005532
`
`Issue No.
`
`Code: 012 — COMPLEX
`
`
`
`
`ORDER OF COURT
`re: Motion for Protective Order of Walmart Corporation Designee Deposition
`
`AND NOW, to‐wit, this ______ day of November, 2022, upon consideration
`
`of Walmart Inc.’s Motion for Protective Order, Exhibits, and Supporting Brief (ECF
`143) and Plaintiff’s Response in Opposition and Exhibits (ECF 153); it is ORDERED:
`
`On or before December 5, 2022: Walmart shall produce documents in
`response to Plaintiff’s First Set of Request for Production of
`Documents. Walmart shall produce documents in response to
`Requests pertaining to Walmart’s sale, supply, or distribution of talc
`or talc powder products for the period of 1991 to 2022 occurring at
`the store locations as identified in Interrogatory No. 2 and the Answer
`thereto. This document production shall also include talc‐containing
`makeup product brands involving face powders, blushes, bronzers and
`eyeshadows. Walmart does not waive any objections including
`relevance, materiality, or admissibility at the time of trial related to
`the discovery production of said documents;
`On or before December 5, 2022: Walmart shall produce documents
`that are in response to Requests numbered: 42 through 50, 53, 57
`through 76, and 84. Walmart does not waive any objections including
`relevance, materiality, or admissibility at the time of trial related to
`the discovery production of said documents;
`
`1.
`
`2.
`
`
`
`
`
`{W0265391.1}
`
`
`
`21st
`
`
`
`Chamberlain v. Avon
`GD22-005532
`Order re: Discovery
`Page 2
`
`
`3.
`
`Counsel for Plaintiff and Walmart Inc. are to set a mutually agreeable
`date and time for the Walmart Corporate Designee(s) deposition to
`occur before December 31, 2022. Counsel shall meet and confer to
`set the date and time.
`
`The Walmart Corporate Designee(s) deposition shall pertain to the
`eleven areas identified below AND the subject matters pertaining to
`the documents produced as identified in this Order:
`
`4.
`
`
`
`The designee’s job history and specific duties for Walmart;
`
`Any investigation performed by the designee to prepare for the
`deposition;
`
`The basis of Walmart’s specific factual responses to Plaintiff’s
`Interrogatories and Requests for Production of Documents;
`
`including
`
`its corporate
`
`
`D) General background on Walmart,
`history;
`
`A)
`
`B)
`
`
`C)
`
`
`E)
`
`
`F)
`
`
`G)
`
`
`
`
`
`The suppliers or manufacturers of Equate brand talcum powder
`during the relevant time period (1997 to 2021) and relevant
`geographic location (stores in Erie County, Pennsylvania);
`
`The sale of Equate brand talcum powder at Walmart stores
`during the relevant time period and relevant geographic
`location identified above;
`
`The sale of the other specific products identified and alleged by
`Ms. Chamberlain to have been purchased at Walmart during the
`relevant time periods and/or identified by Walmart in responses
`to discovery. Specifically, such products include: Gold Bond foot
`powder (1993‐1997); Coty Airspun face powder (1993‐2012);
`
`{W0265391.1}
`
`
`
`
`
`Chamberlain v. Avon
`GD22-005532
`Order re: Discovery
`Page 3
`
`
`
`H)
`
`
`I)
`
`
`J)
`
`
`K)
`
`its
`and
`between Walmart
`relationship
`The
`suppliers/manufacturers the other specific products identified
`above, during the relevant time periods identified above;
`
`The authenticity of any Walmart document produced by
`Walmart in this matter;
`
`The first date that Walmart was named in a complaint by a
`plaintiff with an alleged asbestos‐related disease for the sale of
`talc‐containing products; and
`
` Walmart’s document retention policy.
`
`
`5.
`
`
`6.
`
`
`
`No party, in good faith, is precluded from seeking further discovery in
`accord with this Order provided a factual showing for the relief sought
`is first brought before this Court with specific reference to the record.
`
`In the event of the filing of a motion and upon further Court review of
`the issue(s) therein; any party failing to act in good faith shall be
`subject to the imposition of sanction, including payment of counsel
`fees. See Lau v. AHN, 2021 WL 1235495, 169 PLJ 9 (Alleg. Co. 2021,
`Ignelzi, J.).
`
`
`
`
`
`
`
`
`
`
`
`
`BY THE COURT:
`
`_________________,J.
`PHILIP A. IGNELZI
`
`{W0265391.1}
`
`
`
`
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