FIRESTONE'S SURREPLY IN OPPOSITION TO MOTION TO COMPEL PRODUCTION

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					                              UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF INDIANA
                                  INDIANAPOLIS DIVISION




In re BRIDGESTONE/FIRESTONE, INC.                    )
ATX, ATX II AND WILDERNESS TIRES                     ) Master File No. IP 00-9373-C-B/S
PRODUCT LIABILITY LITIGATION                         )
                                                     ) MDL No. 1373
_____________________________________                )
THIS DOCUMENT RELATES TO                             ) (centralized before Hon. Sarah Evans
ALL CLASS ACTIONS                                    ) Barker, Judge)
_____________________________________                )




                            FIRESTONE'S SURREPLY
              IN OPPOSITION TO MOTION TO COMPEL PRODUCTION OF
                  ELECTRONIC DATA, WITH SURREPLY ATTACHED

        Firestone files its surreply in opposition to plaintiffs' motion to compel production of

electronic data, to clarify three factual matters as to which plaintiffs' reply brief may otherwise

leave the Court under a misapprehension.




                                             SURREPLY

        Three assertions in plaintiffs' reply brief require rebuttal. First, plaintiffs say that

Firestone must be ordered to produce electronic data because Firestone will not produce the data

without an order. To the contrary, Firestone held off on creating the electronic information,

which had to be custom-designed to plaintiffs' specifications, while the parties completed the

negotiations outlined in our prior brief. With these negotiations complete, the database creation




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has been proceeding apace, and the database will be ready and available by Friday, May 18,

2001.

        Second, plaintiffs say that they "are entitled to analyze the complete data set Dr.

Govindjee analyzed." Pl. Reply Br. at 3. They have it. Before Dr. Govindjee's deposition,

Firestone produced to plaintiffs a copy of Dr. Govindjee's entire file. This included all of the

adjustment data that Firestone had given to Dr. Govindjee in the same form in which Firestone

had given it to him. Contrary to plaintiffs' assertions, Firestone did not give Dr. Govindjee

electronic adjustment data on comparative tires, but only the same type of aggregate rate

information that Firestone has offered here. Indeed, by agreeing to give plaintiffs data broken

down by specified adjustment codes and fields, Firestone has offered plaintiffs data in more

detail than it gave to Dr. Govindjee.

        Finally, plaintiffs make much of various Firestone statements about tire lines not

involved in this litigation. But in every single one of those statements Firestone was comparing

aggregate adjustment rates to aggregate adjustment rates. And Firestone is indeed making

available to plaintiffs aggregate adjustment rates for non- lawsuit tires, so that plaintiffs will be

able to check and double-check what Firestone has done and said. Firestone objects only to

producing the actual electronic database for tires not in issue, as to which Firestone has made no

public statements. Nothing that plaintiffs have argued refutes the fact that this line-by- line data

is of remote relevance that is overwhelmed by its commercial sensitivity.




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        The proprietary, line-by- line adjustment data should not be disclosed. Plaintiffs' motion

should be denied.

Dated: May __, 2001                                Respectfully submitted,


                                                   Hugh R. Whiting
                                                   Mark Herrmann
                                                   JONES, DAY, REAVIS & POGUE
                                                   North Point
                                                   901 Lakeside Avenue
                                                   Cleveland, Ohio 44114
                                                   Telephone: (216) 586-3939
                                                   Facsimile: (216) 579-0212




                                                   Colin Smith
                                                   HOLLAND & KNIGHT LLP
                                                   55 West Monroe Street
                                                   Suite 800
                                                   Chicago, Illinois 60603
                                                   Telephone: (312) 263-3600
                                                   Facsimile: (312) 578-6666




                                                   Mark J.R. Merkle
                                                   KRIEG DEVAULT ALEXANDER &
                                                    CAPEHART, LLP
                                                   One Indiana Square
                                                   Suite 2800
                                                   Indianapolis, Indiana 46204-2017
                                                   Telephone: (317) 636-4341
                                                   Facsimile: (317) 636-1507
                                                   ATTORNEYS FOR DEFENDANT
                                                   BRIDGESTONE/FIRESTONE, INC.




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                                 CERTIFICATE OF SERVICE

        A copy of the foregoing was sent by first-class U.S. mail, postage prepaid, to each of the

attorneys appearing on the attached Court Panel's Attorney Service List on this _____ day of

May, 2001.



                                              __________________________________
                                              Attorney for Defendant
                                              Bridgestone/Firestone, Inc.




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