Latest Documents Filed in the Touch of Pink Lawsuit

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.

Touch of Pink Cosmetics Files Response to Lawsuit by Mary Kay Inc. (part 1)

Touch of Pink Cosmetics filed their response the the charges alleged by Mary Kay Inc. in their lawsuit filed May 7, 2008.

There aren’t any surprises in the response from owners Amy and Scott Weber. The Webers deny most of the allegations set forth by Mary Kay Inc. or state that they are “without sufficient information to admit or deny the allegations.”

Some Allegations That Touch of Pink Cosmetics Admits To:

1. That Amy Weber was previously a Mary Kay Consultant and that she was terminated by the company on September 17, 2005.

2. Scott and Amy Weber admit they advertise and sell Mary Kay products on the Touch of Pink website, but deny they are required to have the authorization of Mary Kay Inc. to do so.  Read more