Mary Kay Inc. wants to depose (interogate) Amy Weber again, according to documents filed in the Mary Kay Inc. versus Touch of Pink Cosmetics lawsuit.
Amy Weber traveled to Dallas and gave her deposition to Mary Kay Inc. on August, 28, 2008. The main purpose of that interrogation was for Mary Kay Inc. to “learn more about Defendents’ document management practices, the location and storage of their electronic data, and their document collection and production procedures.”
Mary Kay Inc. claims that, “as expected,” they discovered numerous deficiencies in the Defendants’ document production during and after the deposition. They claim the Webers failed to look for and produce many significant documents that Mary Kay Inc. wanted. They also claim that the Webers continued to destroy documents and emails after Mary Kay filed the lawsuit.
Mary Kay Inc. asked the Webers to correct these supposed deficiencies, and the Webers did, providing Mary Kay Inc. with about 70,000 pages of emails and relevant documents.
But the deposition that Amy Weber gave in August was in her “corporate capacity.” Mary Kay Inc. now wants to depose Amy Weber in an individual capacity. The Webers’ attorneys are arguing that such a deposition would be a duplication of the previous deposition, among other things.
In fact, the Webers’ attorneys say in this latest filing, the Webers produced over 140,000 pages of documents after this August deposition and many of those documents are applicable to this second deposition request.
Mary Kay Inc’s lawyers flew to Illinois, where the Webers live, in October and deposed Scott Weber and four employees of the Webers, including Amy Webers mother. At that time, they could have, but didn’t, ask to depose Amy Weber while they were in Illinois.
Noooooooooo.
As the Webers’ attoneys say, coming to Illinois to take depositions, not interviewing Amy, then asking to talk to her a month later is simply Mary Kay Inc. trying to “create a cost burden on the Webers.”
If the court grants Mary Kay Inc’s request for the second deposition of Amy Weber, her lawyers are requesting that Mary Kay Inc. pay her expenses, wherever the deposition takes place.
Stay tuned….we’ll keep you updated on how this case proceeds, as we have done from the start.
I have to say that I never encountered a problem when ordering from Touch of Pink Cosmetics. I think they were great because I like the “old products or retired products” better. I know exactly what I am going to get. I have tried a few of the newer products and found that the shades were totally different and very hard to match up. Personally I think the older ones are better by far, but they are not easy to come by. Until I found TOP I had actually stopped using Mary Kay altogether. I never received any used products, everything was always sealed and you received your order in a very timely fashion. I hope that Touch of Pink Cosmetics will be able to continue after all of this is over because I thought they were great. No complaints what so ever!
I recently sent an e-mail to a consultant on line asking if there was anyone that had any of the “retired products.” I was told that my e-mail had been forwarded on to someone that might be able to help and she would be in touch. It has been almost two months now and still no one has even had the deciency to reply to me. At least with TOP you did get instant replies to your questions. I hope that they will be able to continue after all of this is over.
Glenda, there are many of us who have resigned from MK, and still have inventory click on the forum button and join us. it cost nothing to post asking for the items you are looking for, I am sure you could purchase them at or below wholesale.