McBride v. Coca-Cola Refreshments, USA, Inc. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

McBride v. Coca-Cola Refreshments, USA, Inc.

McBride v. Coca-Cola Refreshments, USA, Inc.

Case Date: 06/20/2012
Citation: 2012 U.S. Dist. LEXIS 196775
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Anthony E. Porcelli
Rule(s): Rule 37(a); Rule 37(e)

Whether the defendant should be required to produce requested documents and whether sanctions are appropriate for improper destruction of any requested relevant documents.


The court noted that once a party reasonably anticipates litigation, the party has an obligation to make a conscientious effort to preserve relevant electronically stored information.¬† “[T]he duty to preserve evidence thus arises when a party reasonably anticipates litigation and thereafter requires that party to suspend its routine document retention or destruction policies and institute a litigation hold to ensure the party properly preserves relevant documents.”¬† The court could not determine if the requested documents were relevant to the case and, if relevant, whether the requested information was available through other avenues of discovery. Accordingly, the court denied the motion without prejudice and requested certain defendant¬† witness interviews to determine if the requested information was relevant.

Relevant Documents:

Plaintiff’s Motion to Compel or Alternatively for Spoliation Sanctions

Defendant’s Response to Plaintiff’s Motion to Compel and for Sanctions

Order Denying Without Prejudice Plaintiff’s Motion to Compel and for Sanctions

E-Discovery Issues: Litigation Hold, Motion for Sanctions, Motion for Spoliation, Motion to Compel, Preservation
E-discovery Tags: Data Retention, Preservation and Collection
E-discovery subjects: Electronically stored information

Published: May 10th, 2019

Category: Uncategorized

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