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PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION 

GUTRIDE SAFIER LLP 

ADAM J. GUTRIDE (State Bar No. 181446) 

SETH A. SAFIER (State Bar No. 197427) 

MARIE A. MCCRARY (State Bar No. 262670) 

KRISTEN G. SIMPLICIO (State Bar No. 263291) 

100 Pine Street, Suite 1250 

San Francisco, CA 94111 

Telephone: (415) 271-6469 

Facsimile: (415) 449-6469 

Attorneys for Plaintiff 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

JACKIE FITZHENRY-RUSSELL, on behalf of 

herself and all others similarly situated, 

 Plaintiff, 

 v. 

THE COCA-COLA COMPANY, and DOES 1-

50, 

 Defendants. 

Case No. 5:17-CV-00603-EJD 

PLAINTIFF’S FIRST SET OF 

REQUESTS FOR PRODUCTION 

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PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION 

PROPOUNDING PARTY: PLAINTIFF, JACKIE FITZHENRY-RUSSELL 

RESPONDING PARTY: DEFENDANT THE COCA-COLA COMPANY. 

SET NUMBER: ONE 

TO DEFENDANT AND ITS ATTORNEYS OF RECORD: 

 YOU ARE HEREBY REQUESTED, pursuant to Rule 34 of the Federal Rules of Civil 

Procedure, to produce the designated documents for inspection and copying within 30 days of 

receipt of this demand at the law offices of Gutride Safier LLP, 100 Pine Street, Suite 1250, San 

Francisco, California 94111. 

If DEFENDANT objects to the production of ANY DOCUMENT on the grounds that it is 

protected from disclosure by the attorney-client privilege, work-product doctrine or ANY other 

privilege, DEFENDANT is requested to identify each DOCUMENT for which the privilege is 

claimed and give the following information: 

 (1) the name of the writer, sender, or initiator of each copy of the DOCUMENT; 

 (2) the name of the recipient, addressee, or party to whom ANY copy of the 

DOCUMENT was sent; 

 (3) the date of each copy of the DOCUMENT, if any, or an estimate of its date; 

(4) the type of document; 

(5) the subject matter of the DOCUMENT; and 

 (6) a statement of the basis for the claim of privilege. 

DEFINITIONS AND INSTRUCTIONS 

The definitions below are incorporated into each request for production. DEFENDANT is 

directed to respond to each request for production as if the definitions were set forth therein. 

1. “YOU” or “YOUR” means DEEFNDANT, your officers, directors, trustees, 

agents, employees, staff members, and paid consultants; ANY predecessor, successor, parent, 

subsidiary, division or affiliate; and ANY PERSON acting on behalf of ANY of the 

aforementioned. 

2. “DEFENDANT” means The Coca-Cola Company, its officers, directors, trustees, 

agents, employees, staff members, and paid consultants; ANY predecessor, successor, parent, 

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PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION 

subsidiary, division or affiliate; and ANY PERSON acting on behalf of ANY of the 

aforementioned. 

3. “PLAINTIFF” means Plaintiff, Jackie Fitzhenry-Russell and her agents and 

assigns; and ANY PERSON acting on behalf of ANY of the aforementioned. 

4. The terms “DOCUMENT” or “DOCUMENTS” mean, without limitation, the 

original (and absent the original a copy thereof), ALL file copies and copies not identical to the 

original of ANY writing, record, or recording of every type, form, and description that is in the 

possession, custody, or control of the responding party, or which no longer is in the responding 

party’s possession but of which the responding party still has knowledge, including, by way of 

illustration and not limitation, the following items: notes; correspondence; communications of 

ANY nature (including intra-company communications and correspondence); electronicallystored information (including electronic mail messages and stand-alone electronic files); 

telegrams, cables, memoranda (including internal memoranda); notebooks of ANY nature, 

including laboratory and engineering reports; summaries, minutes and records of telephone 

conversations, personal conversations or interviews; diaries, routing slips or memoranda, reports 

(including tests and analysis reports), books, manuals, publications, invoices, specifications, 

shipping papers, purchase orders, shop instrument output, plans, patterns, drawings, flow charts, 

schematics, diagrams, photographs of ANY nature, artists’ drawings, sketches, blueprints, 

minutes or recordings of meetings and conferences, including lists of persons attending meetings 

or conferences; transcripts of oral testimony or statements; reports and or summaries of 

interviews; reports and or summaries of investigations; opinions or reports of consultants; 

opinions of counsel; forecasts; reports of patent searches; patent opinions, analyses or appraisals; 

agreements and contracts (including ALL modifications or revisions thereof); reports and or 

summaries of negotiations; court papers, labels, tags, placards, fliers, counter cards, brochures, 

pamphlets, advertisements, advertising layouts, circulars, trade letters, press releases, and 

translations; presentations, including boards, transparencies, storybooks and or scripts; drafts of 

original or preliminary notes on, and marginal comments appearing on, ANY document; whether 

said writings or records are on paper, magnetic disk, tape or other computer or digital storage 

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PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION 

medium, microfilm, microfiche, floppy or ANY other storage or recording medium within the 

scope of Federal Rules 26 and 34. 

5. As used herein the term DOCUMENT also includes ANY document, which did 

exist, but as of the date of response and production has been destroyed, lost, misplaced, or is 

otherwise unavailable. For ANY such document, the response must to the extent possible identify 

the document by date, subject matter, author, addressee, and persons to whom the document was 

distributed; must state whether the document was lost, destroyed, or misplaced; and must state the 

name and address of the person who last had custody of or knowledge of the existence of the 

document. 

6. Any electronic records and computerized information must be produced in an 

intelligible format, together with a description of the system from which they were derived 

sufficient to permit rendering the records and information intelligible. 

7. The terms “RELATES,” “RELATE,” “RELATED TO” and “RELATING TO” 

mean concerning, mentioning, indicating, disclosing, discussing, regarding, constituting, 

analyzing, serving as a basis for, relying upon, supporting, describing, referring or in ANY other 

way bearing upon or illuminating the subject matter into which inquiry is made. 

8. “AND/OR” shall be construed conjunctively or disjunctively, whichever makes 

the request more inclusive. 

9. The terms “ANY,” “ALL,” and “EACH” shall each mean and include the other. 

10. “INCLUDE,” “INCLUDES,” and “INCLUDING” shall include by reference 

without limitation. 

11. The term “PERSON(S)” includes the plural as well as the singular and includes 

ANY person, firm, association, partnership, corporation, and or ANY other form of legal entity. 

12. The terms “MARKET,” “MARKETED,” “MARKETING” and “MARKETING 

MATERIALS” refer to the use of ANY print advertisement, radio advertisement, television 

advertisement, internet advertisement, billboard, banner advertisement, website, letter, postcard, 

brochure, pamphlet, packaging, labeling, shelf card, point of sale display, coupon, book, offer, or 

other attempt, effort or process that conveys ANY information, invitation or offer to ANY 

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PERSON to PURCHASE, review, compare or otherwise acquire the SEAGRAM’S GINGER 

ALES. 

13. The term “REPORTS” refers to internal or external, formal or informal, 

investigations, studies, research, assessments, analyses, reviews, or audits, focus groups, analyses, 

or assessments. 

14. The term “SEAGRAM’S GINGER ALES” means the soft drinks

MANUFACTURED, sold, marketed, AND/OR distributed by YOU which are branded as 

Seagram’s. 

15. The term “GINGER ALE” means ANY and ALL ginger ale flavored soft drinks. 

16. The term “BEVERAGES” means ANY and ALL beverages MANUFACTURED, 

sold, marketed, AND/OR distributed by YOU, INCLUDING GINGER ALES, soft drinks, juices, 

beers, AND/OR bottled water. 

17. The term “COMMUNICATION” or “COMMUNICATIONS” shall mean, without 

limitation, ANY transmittal, conveyance or exchange of a word, statement, fact, thing, idea, 

DOCUMENT, instruction, information, demand, question or other information by ANY medium, 

whether by written, oral or other means, including but not limited to letters, electronic 

COMMUNICATIONS and electronic mail. 

18. The term “CLASS PERIOD” means December 28, 2012 through the present. 

19. The term “CUSTOMER” means ANY PERSON who PURCHASED ANY 

SEAGRAM’S GINGER ALE. 

20. The term “PURCHASE” shall mean acquired for consideration, INCLUDING 

with or by cash, check, money order, refund, debit card, credit card, gift certificate, exchange or 

store credit. 

21. The term “MANUFACTURE” means the making or producing of the 

SEAGRAM’S GINGER ALES. 

22. The term “MANUFACTURER” means ANY PERSON involved in the 

MANUFACTURE of the SEAGRAM’S GINGER ALES. 

23. The term “THIS ACTION” means the above-captioned lawsuit. 

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24. The terms “IDENTIFY” and “IDENTIFICATION” mean: 

 a. With reference to DOCUMENTS, state the type of DOCUMENT (e.g. letter, 

interoffice memorandum), and provide information sufficient to enable PLAINTIFFS to identify 

the DOCUMENT to obtain its production by DEFENDANT, such as its date, the name of the 

signer or signers, the name of the author or authors, the name of the recipient or recipients, and 

the title, heading, or subject matter of the DOCUMENT; and 

b. With reference to a PERSON, furnish information sufficient to enable 

PLAINTIFFS to identify and to locate the PERSON, including, to the extent the information is 

available to you, the full name, the present or last known residence address and business address 

and telephone numbers (business and residence) of the PERSON. 

REQUESTS FOR PRODUCTION 

1. ALL DOCUMENTS identified or otherwise referenced in DEFENDANT’s responses 

to ANY interrogatories served by PLAINTIFF on YOU in THIS ACTION. 

2. ALL DOCUMENTS consulted and/or reviewed by YOU to assist in the preparation of 

DEFENDANT’s responses to ANY interrogatories served by PLAINTIFF on YOU in THIS 

ACTION. 

3. Exemplars of ALL packaging and labels for ALL SEAGRAM’S GINGER ALES sold 

during the CLASS PERIOD. 

4. Exemplars of ALL packaging and labels for ALL BEVERAGES sold during the 

CLASS PERIOD. 

5. ALL MARKETING MATERIALS for SEAGRAM’S GINGER ALES sold or offered 

for sale during the CLASS PERIOD. 

6. ALL DOCUMENTS that RELATE, REFER or PERTAIN to YOUR purchase of 

ANY advertisements on ANY search engine, including Google bid records, for SEAGRAM’S 

GINGER ALES. 

7. ALL DOCUMENTS RELATING TO product launches for the SEAGRAM’S 

GINGER ALES. 

8. ALL DOCUMENTS, INCLUDING internal COMMUNICATIONS and/or internal 

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memoranda, RELATING TO YOUR decision to MARKET the SEAGRAM’S GINGER ALES 

with the representation that they are “MADE WITH REAL GINGER” AND/OR variants thereon. 

9. ALL DOCUMENTS that comprise, reference or RELATE TO ANY REPORTS about 

consumer demand for GINGER ALES. 

10. ALL DOCUMENTS that comprise, reference or RELATE TO ANY REPORTS 

about consumer preference or desire for GINGER ALES MARKETED as “MADE WITH REAL 

GINGER” AND/OR variants thereon. 

11. ALL DOCUMENTS that comprise, reference or RELATE TO ANY REPORTS 

about consumer perception, understanding, or comprehension of the phrase “MADE WITH 

REAL GINGER” AND/OR variants thereon. 

12. ALL DOCUMENTS that evidence, RELATE OR REFER TO ANY relative, 

comparative, competitive or strategic analysis or REPORT performed by or on behalf of 

DEFENDANT RELATING TO the use of the words “MADE WITH REAL GINGER” AND/OR 

variants thereon in the MARKETING or sale of ANY SEAGRAM’S GINGER ALES, GINGER 

ALES, AND/OR BEVERAGES . 

13. ALL DOCUMENTS that evidence, RELATE OR REFER TO ANY relative, 

comparative, competitive or strategic analysis or REPORT regarding GINGER ALES performed 

by or on behalf of DEFENDANT. 

14. ALL DOCUMENTS that propose, discuss, analyze, create standards for, impose 

requirements or limitations on, or otherwise RELATE TO the use of the phrase “MADE WITH 

REAL GINGER” AND/OR variants thereon in DEFENDANT’s MARKETING MATERIALS. 

15. ALL DOCUMENTS RELATING TO the following (or similar) messages 

appearing on the SEAGRAM’S GINGER ALES that YOU MANUFACTURED and/or sold 

during the CLASS PERIOD: “MADE WITH REAL GINGER.” 

16. DOCUMENTS sufficient to IDENTIFY the ingredients and processes used to 

MANUFACTURE the SEAGRAM’S GINGER ALES sold during the CLASS PERIOD. 

17. ALL DOCUMENTS RELATING TO the selection, design, and development of 

the formula, ingredients, and/or processes used to MANUFACTURE the SEAGRAM’S GINGER 

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ALES. 

18. DOCUMENTS sufficient to IDENTIFY the ingredients and method used to 

MANUFACTURE the “natural flavors” used in the SEAGRAM’S GINGER ALES sold during 

the CLASS PERIOD. 

19. DOCUMENTS sufficient to IDENTIFY the ingredients and the relative 

proportions AND/OR amounts of those ingredients in the SEAGRAM’S GIGNER ALES sold 

during the CLASS PERIOD. 

20. ALL DOCUMENTS RELATING TO the selection, design, and development of 

the formula AND/OR ingredients in the “natural flavors” used to MANUFACTURE the 

SEAGRAM’S GINGER ALES. 

21. DOCUMENTS sufficient to IDENTIFY ANY agreements between DEFENDANT 

and ANY PERSON concerning the MARKETING, MANUFACTURE, research, design, 

construction, testing, sale, distribution, resale, advertisement, and/or supply of the SEAGRAM’S 

GINGER ALES. 

22. ALL DOCUMENTS RELATING TO ANY agreements, partnerships and/or other 

relationships between DEFENDANT and ANY PERSON concerning the MARKETING, 

MANUFACTURE, research, design, construction, testing, sale, distribution, resale, 

advertisement, and/or supply of the SEAGRAM’S GINGER ALES. 

23. DOCUMENTS sufficient to IDENTIFY ANY agreements between DEFENDANT 

and ANY PERSON involved in the MARKETING, MANUFACTURE, research, design, 

construction, testing, sale, distribution, resale, advertisement, and/or supply of the flavoring used 

in the SEAGRAM’S GINGER ALES. 

24. ALL DOCUMENTS RELATING TO ANY agreements, partnerships and/or other 

relationships between DEFENDANT and ANY PERSON involved in the MARKETING, 

MANUFACTURE, research, design, construction, testing, sale, distribution, resale, 

advertisement, and/or supply of the flavoring used in the SEAGRAM’S GINGER ALES. 

25. ALL DOCUMENTS that RELATE to COMMUNICATIONS with ANY

PERSON involved in the MARKETING, MANUFACTURE, research, design, construction, 

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testing, sale, distribution, resale, advertisement, and/or supply of the SEAGRAM’S GINGER 

ALES about the use of the phrase “MADE WITH REAL GINGER,” including internal 

COMMUNICATIONS. 

26. ALL DOCUMENTS that reflect, discuss or RELATE TO the selection or 

development of the methodology by which DEFENDANT tested, analyzed, or evaluated whether 

the SEAGRAM’S GINGER ALES are “MADE WITH REAL GINGER.” 

27. DOCUMENTS sufficient to IDENTIFY the laboratories, facilities, or institutions 

where the SEAGRAM’S GINGER ALES sold during the CLASS PERIOD were researched, 

developed, and tested. 

28. Other than DOCUMENTS produced in response to Requests Nos. 25–26, 

DOCUMENTS sufficient to IDENTIFY and/or determine ALL tests DEFENDANT conducted or 

received that purport to assess or evaluate whether the SEAGRAM’S GINGER ALES are 

“MADE WITH REAL GINGER.” 

29. Other than DOCUMENTS produced in response to Requests Nos. 25–27, 

DOCUMENTS sufficient to IDENTIFY and/or determine ALL tests or analyses used to evaluate 

whether GINGER ALES are “MADE WITH REAL GINGER,” regardless of whether 

DEFENDANT conducted such tests. 

30. ALL DOCUMENTS that evidence, or RELATE TO ANY legislation, regulations, 

rules, statutes, ordinances (including proposed and enacted) that purport to set standards for or 

limitations on the use of the phrase “MADE WITH REAL GINGER.” 

31. ALL customer-service related DOCUMENTS, including scripts, training manuals, 

or reference materials and drafts thereof (including ALL of DEFENDANT’s internal 

communications and memoranda ), that RELATE TO SEAGRAM’S GINGER ALES. 

32. ALL DOCUMENTS and information (including transcripts of testimony) provided 

in response to ANY subpoena, inquiry, or investigation, whether informal or formal, purporting to 

seek information about the use of the phrase “MADE WITH REAL GINGER.” 

33. ALL DOCUMENTS RELATED to ANY COMMUNICATIONS to or from 

CUSTOMERS or purchasers regarding the use of the phrase “MADE WITH REAL GINGER.” 

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34. ALL DOCUMENTS RELATED to ANY COMMUNICATIONS to or from 

CUSTOMERS or purchasers regarding whether the SEAGRAM’S GINGER ALES are made 

with or contain real ginger, or the amount thereof. 

35. ALL sales sheets, sales presentations, and other MARKETING MATERIALS 

provided to retailers RELATING TO the SEAGRAM’S GINGER ALE. 

36. ALL DOCUMENTS submitted to the Federal Food and Drug Administration 

AND/OR ANY state or municipal agency, department, bureau, or commission to substantiate 

ANY claims concerning the SEAGRAM’S GINGER ALE. 

37. ALL DOCUMENTS RELATED TO ANY COMMUNICATIONS, between YOU 

and ANY government agency (including but not limited to the Federal Drug Administration, 

Federal Trade Commission, the Environmental Protection Bureau, state and federal attorney 

generals’ offices, and ANY state or municipal agency, department, bureau, or commission) 

elected official, legislative body, or staff member, advisor or consultant to such agency, official, 

or legislative body regarding the use of the phrase “MADE WITH REAL GINGER.” 

38. ALL DOCUMENTS that RELATE TO ANY claim, contention, suggestion, or 

accusation that DEFENDANT engaged in false advertising, mislabeling, unfair competition, or 

unfair trade practices in connection with the SEAGRAM’S GINGER ALES. 

39. DOCUMENTS sufficient to determine the quantity of SEAGRAM’S GINGER 

ALES sold during the CLASS PERIOD in California. 

40. DOCUMENTS sufficient to determine the quantity of SEAGRAM’S GINGER 

ALES sold during the CLASS PERIOD in the United States. 

41. DOCUMENTS sufficient to determine YOUR methods, policies, and procedures 

for pricing SEAGRAM’S GINGER ALES during the CLASS PERIOD. 

42. DOCUMENTS sufficient to determine YOUR methods, policies, and procedures 

for pricing BEVERAGES during the CLASS PERIOD. 

43. ALL DOCUMENTS related to the manufacturer’s suggested retail pricing or other 

standard pricing for the SEAGRAM’S GINGER ALES. 

44. ALL DOCUMENTS related to the manufacturer’s suggested retail pricing or other 

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standard pricing for ANY GINGER ALES. 

45. ALL DOCUMENTS related to the manufacturer’s suggested retail pricing or other 

standard pricing for ANY BEVERAGES. 

46. ALL DOCUMENTS concerning ANY internal or external, formal or informal, 

investigations, studies, research, assessments, analyses, reviews, or audits regarding or 

RELATING TO SEAGRAM’S GINGER ALES’ pricing and sales as compared to other 

GINGER ALES. 

47. ALL DOCUMENTS concerning ANY internal or external, formal or informal, 

investigations, studies, research, assessments, analyses, reviews, or audits regarding or 

RELATING TO SEAGRAM’S GINGER ALES’ pricing and sales as compared to other 

BEVERAGES. 

48. ALL DOCUMENTS concerning ANY internal or external, formal or informal, 

investigations, studies, research, assessments, analyses, reviews, or audits regarding or 

RELATING TO ANY product or brand that competes with the SEAGRAM’S GINGER ALES. 

49. DOCUMENTS sufficient to determine the gross volume, gross dollar amount or 

net dollar amount of SEAGRAM’S GINGER ALES sold during the CLASS PERIOD by month. 

50. DOCUMENTS sufficient to IDENTIFY ALL CUSTOMERS who PURCHASED 

ANY SEAGRAM’S GINGER ALES during the CLASS PERIOD. 

51. DOCUMENTS sufficient to set forth the names of ALL distributors and retailers 

for ANY SEAGRAM’S GINGER ALES during the CLASS PERIOD. 

52. ALL DOCUMENTS that RELATE TO PLAINTIFFS. 

53. DOCUMENTS sufficient to establish DEFENDANT’s policies, procedures, or 

practices for the preservation of DOCUMENTS. 

54. ALL DOCUMENTS that RELATE TO ANY instructions or directives to hold, 

preserve, or destroy DOCUMENTS that refer or RELATE TO the SEAGRAM’S GINGER ALES 

and testing thereof. 

55. ALL DOCUMENTS concerning or RELATED TO insurance policies or 

indemnification agreements that may provide coverage for ANY DEFENDANT for ANY claims 

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or causes of action asserted in this litigation or that may provide reimbursement for costs, fees or 

payments incurred or made in defense of this litigation 

56. For EACH of the SEAGRAM’S GINGER ALES, GINGER ALES, AND 

BEVERAGES sold during the CLASS PERIOD, DOCUMENTS (including data from market 

research companies such as Nielsen or IRI that P&G possesses and/or has a right to obtain or 

view) sufficient to identify the following: 

(a) Universal Product Code (UPC); 

(b) Manufacturer; 

(c) Brand name; 

(d) Product descriptions; 

(e) Size of the product; 

(f) any other product attribute information available at any time during the class 

period. 

57. For EACH of the SEAGRAM’S GINGER ALES, GINGER ALES, AND BEVERAGES, 

DOCUMENTS (including data from market research companies such as Nielsen or IRI that YOU 

possess AND/OR have a right to obtain or view) sufficient to show sales in California for EACH 

SKU sold during the CLASS PERIOD, including: 

(a) sales by week; 

(b) sales in units and in dollars; and 

(c) sales at retail and at wholesale. 

58. DOCUMENTS sufficient to determine the dates during which the packages and/or 

labels produced in response to Request Nos. 3–4 were shipped or distributed to retailers or 

otherwise marketed and sold to consumers. 

DATED: May 30, 2017. 

GUTRIDE SAFIER LLP 

By: /s/ Matthew T. McCrary 

 Matthew T. McCrary, Esq. 

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PROOF OF SERVICE 

I, Matthew T. McCrary, declare: 

 My business address is 100 Pine Street, Suite 1250, San Francisco, California. I am over 

the age of 18 years and not a party to the within cause. 

 On May 30, 2017, I served the following documents: 

PLAINTIFF’S FIRST SET OF REQUESTS FOR THE PRODUCTION OF DOCUMENTS 

on the following person(s) in this action by placing a true copy thereof as follows: 

Jane M. Metcalf, jmetcalf@pbwt.com; 

Michelle Cohen, mcohen@pbwt.com; 

Steven A. Zalesin, sazalesin@pbwt.com; 

Lauren M. Capaccio, lcapaccio@pbwt.com; 

Tammy Beth Webb, tbwebb@shb.com. 

[x] BY E-MAIL. I caused said documents to be transmitted to the email address indicated 

after the address(es) pursuant to the parties’ e-mail stipulation. 

I declare under penalty of perjury under the laws of the State of California that the foregoing is 

true and correct and that this document was executed on May 30, 2017, at Jackson, Wyoming. 

 

 

 Matthew T. McCrary, Esq. 

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