Cache La Poudre Feeds, LLC v. Land O' Lakes, Inc., 2007 WL 684001 (D. Colo. Mar. 2, 2007)
I suppose the moral of this story is that Plaintiff's counsels need to be very clear in pre-litigation demand letters regarding the potential or imminence of litigation. Also, they should state a duty to preserve datat.
I believe the other moral of the story is that anyone who thought the changes to FRCP were going to make opposing counsel sit around and sing Koom-by-ya, may have been slightly off in their prediction.