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Preservation

Consider the following preservation motion:

All Defendants above named are, until further Order of the Court, Ordered to preserve all documents, as broadly defined in Ames R.Civ.P. 34(a), in their possession, custody, or control, relating to: (a) [the deceased]; (b) [her doctor]; (c) [the drugs] All Defendants must take all necessary steps to assure that their employees, agents, accountants, and attorneys refrain from discarding, destroying, erasing, purging, or deleting any such documents including, but not limited to, computer memory, computer disks, data compilations, e-mail messages sent and received, and all back-up computer files or devices including, but not limited to, electronic, optical, or magnetic storage media until such time as the Court enters a superseding Order regarding the preservation of documents and potential evidence relevant to the above-captioned litigation.

1. Are judges likely to grant this motion? Why or why not?

2. Are you really worried that the defendant will destroy documents relevant to the plaintiff's claim? Explain

3. What leverage, if any, would entry of this preservation order create beyond the preservation obligations created by common law?