Coca-Cola Bottling Co. of Shreveport, Inc. v. Coca-Cola Co.

123 F.R.D. 97, 1988 U.S. Dist. LEXIS 13876, 1988 WL 130229
District Court, D. Delaware·Decided November 29, 1988·No. Civ. A. Nos. 83-95 MMS, 83-120 MMS·Published·Cited by 31 cases

Opinion

MURRAY M. SCHWARTZ, Chief Judge.

After eight years of litigation and approximately one month prior to the commencement of the five-month bench trial on the merits of the litigation, this Court held its final pretrial conference on September 12-13,1988. At the conference, defendant, The Coca-Cola Company (the “Company”), made an oral motion for permission to withdraw its answers to plaintiffs’, the Coca-Cola Bottling Company of Shreveport, Inc., et al. (the “Bottlers”), Request for Admissions served by plaintiffs November 19, 1986. This Court denied defendant’s oral motion but granted the defendant permission to file a written motion under Fed.R. Civ.P. 36(b) seeking to amend and clarify its response to plaintiffs’ Request for Admission.

The written motion to clarify and amend, now before this Court, will be denied for the reasons set forth below.

I.

A. Facts

There are two related actions before the Court: Coca-Cola Bottling Co. of Elizabethtown, Inc. v. The Coca-Cola Company, Nos. 81-48/87-398 MMS Consolidated (“Elizabethtown”), and Coca-Cola Bottling Co. of Shreveport, Inc. v. The Coca-Cola Company, No. 83-95 MMS; and Alexandria Coca-Cola Bottling Co., Ltd. v. The Coca-Cola Company, No. 83-120 MMS (“diet Coke"). The Elizabethtown litigation concerns the Company’s decision to substitute high-fructose corn syrup (“HFCS” or “HFCS-55”) for granulated sugar in the syrup sold by Coca-Cola to its bottlers. The diet Coke litigation centers primarily on the bottlers belief that the Company is obligated to supply them diet Coke syrup under the terms of the existing bottler contracts. The Elizabethtown trial commenced September 26, 1988, with the diet Coke trial is scheduled to begin as soon as the Elizabethtown trial is completed, both trials are scheduled to be completed no later than February 15, 1989.

More than eight years ago, the Company began to convert the syrup supplied to its bottlers from 100% sugar sweetened to a syrup sweetened with a combination of HFCS-55 and sugar. Eventually all the Coca-Cola syrups, old Coke, new Coke, Coca-Cola Classic, caffeine-free Coke and cherry Coke were at some point sweetened solely with HFCS-55. At issue is whether this Court should allow defendant to amend [99]*99and clarify its admission that the term “Coca-Cola Bottler’s Syrup,” within plaintiffs’ contracts, includes syrups sweetened with HFCS-55. Plaintiffs contend that the defendant has made such an admission in defendant’s response to plaintiffs’ Second Request for Admissions and, moreover, has maintained its admission by means of pleadings, sworn testimony and precluded discovery in the course of the litigation. Defendant argues that plaintiffs’ construction is “strained and unfair” and ignores the Company’s predicate contentions that underlie its admissions.

Before the Court is defendant’s motion to clarify and amend its responses to plaintiffs’ Second Requests for Admissions Nos. 22-25 and 61. Plaintiffs served defendant with these second requests for admissions November 19, 1986. Defendant responded to plaintiffs’ Second Requests for Admissions on January 6, 1987, and then revised its responses to requests 22, 24, 25, and 61(e) on March 27, 1987.

B. The Admissions in Issue

Plaintiffs’ Second Requests for Admissions and defendant’s initial responses in issue are as follows:

Request No. 23
That the syrup for Coca-Cola (new Coke) is “Coca-Cola Bottle Syrup” and is covered (a) by the unamended bottler’s contract and (b) by the 1978 Amendment. Response to Request No. 23 Admitted.
Request No. 61
That each of the following syrups is “Coca-Cola Bottler’s Syrup” and, is covered by the unamended first-line Coca-Cola bottlers’ contracts, and by the 1978 Amendment:
(a) The syrup manufactured by The Coca-Cola Company and supplied to the unamended Coca-Cola bottlers as “Coca-Cola Bottler’s Syrup” beginning in January, 1980, and sweetened with a blend of 50% sugar (sucrose) and 50% High Fructose Com Syrup-55.
(b) The syrup manufactured by The Coca-Cola Company and supplied to the unamended Coca-Cola bottlers as “Coca-Cola Bottler’s Syrup” beginning in February 7, 1984, and sweetened with a blend of 75% HFCS-55 and 25% sugar (sucrose).
(c) The syrup manufactured by The Coca-Cola Company and supplied to the unamended Coca-Cola bottlers as “Coca-Cola Bottler’s Syrup” beginning November 6, 1984 and until April 24, 1985, and sweetened with 100% HFCS55 and containing no “sugar” (sucrose).
(d) The syrup for new Coke manufactured by The Coca-Cola Company and supplied to the unamended Coca-Cola bottlers since April 1985, that is sweetened with 100% HFCS-55 and contains no “sugar” (sucrose).
(e) The syrup for Coca-Cola Classic manufactured by The Coca-Cola Company and supplied to the unamended Coca-Cola bottlers since July 10, 1985, that is sweetened with 100% HFCS-55 and contains no “sugar” (sucrose).
Response to Request No. 61
The Company objects to this request to the extent that it suggests that HFCS-55 is not sugar. Subject to this objection, the Company admits subsection (aHd) as written. The Company can neither admit nor deny subsection (e) for the reasons set forth in Response 22.

The Company, on January 6,1987, stated that it could neither admit nor deny that the syrups for Coca-Cola Classic (Request No. 22, 61(e)), caffeine-free (No. 24), and cherry (No. 25) were Coca-Cola Bottler’s Syrup. On March 22, 1987, the Company revised its responses to plaintiffs’ Second Request for Admissions No. 22 (and by reference, 61(e)), 24 and 25. The requests and the revised responses were as follows:

Request No. 22
That the syrup for Coca-Cola Classic is “Coca-Cola Bottle Syrup” and is covered (a) by the unamended bottler’s contract and (b) by the 1978 Amendment.
Revised Response to Request No. 22
... the Company is willing to stipulate solely for the purposes of this litigation, if the plaintiffs so desire, that the bottle syrup for Coca-Cola Classic is Coca-Cola [100]*100Bottle Syrup within the meaning of the unamended Coca-Cola Bottle Contract and the 1978 Amendment.
Request No. 24
That the syrup for caffeine free Coca-Cola is “Coca-Cola Bottle Syrup” covered (a) by the unamended bottler’s contract and (b) by the 1978 Amendment, without regard to the execution of any letter agreement concerning caffeine free Coca-Cola.
Revised Response to Request No. 24
... the Company is willing to stipulate solely for the purposes of this litigation if the plaintiffs so desire, that the bottle syrup for caffeine-free Coca-Cola is Coca-Cola Bottle Syrup within the meaning of the unamended Coca-Cola Bottle Contract and the 1978 Amendment.

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Coca-Cola Bottling Co. of Shreveport, Inc. v. Coca-Cola Co., 123 F.R.D. 97, 1988 U.S. Dist. LEXIS 13876, 1988 WL 130229 (D. Del. 1988).

123 F.R.D. 97 (Coca-Cola Bottling Co. of Shreveport, Inc. v. Coca-Cola Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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