Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 31

Motion Picture Association of America v. CrystalTech Web Hosting Inc.

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FENNEMORE CRAIG, P.C.
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FENNEMORE CRAIG, P.C. William L. Thorpe (No. 005641) Scott Day Freeman (No. 019784) 3003 North Central Avenue Suite 2600 Phoenix, Arizona 85012-2913 Telephone: [phone] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Defendant Bridgestone Firestone North American Tire, LLC UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Angel Juarez Moreno, individually and as surviving spouse, and on behalf of all statutory beneficiaries of Antonia de Santiago Castillo, deceased; J. A. J. de Santiago, A. J. de Santiago, and A. J. de Santiago, minors, by and through their father and next friend, Angel Juarez Moreno; Beatriz Moreno de Santiago and Joaquin de Santiago-Castillo, husband and wife, individually and as next friends on behalf of their minor children, J. de Santiago, B. de Santiago, J. C. de Santiago, J. A. de SantiagoCast illo; Plaintiffs, v. Bridgestone/Firestone, Inc., an Ohio Corporation; Bridgestone/Firestone North American Tire, L.L.C., a Delaware limited liability company; Bridgestone Americas Holding, Inc., a Nevada corporation; Bridgestone Corporation, a Japanese corporation; Black and White Corporations I-X; Black and White Partnerships I-X; John Does 110, Defendants. Defendant Bridgestone Firestone North American Tire, LLC, f/k/a Bridgestone/Firestone North American Tire, LLC, successor to Bridgestone/Firestone, Inc. ("Firestone"), responds to Case No.: CIV 07-889-PHX-NVW

BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, LLC'S RESPONSE TO PLAINTIFFS' NOTICE OF ORAL/VIDEO DEPOSTION (Studies, Testing and Validation of Theory that Overdeflection/Overloading/Underinflation Can Cause Belt Separation)

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Plaint iffs' Notice of Oral/Video Deposition (Studies, Testing and Validation of Theory that Overdeflection/Overloading/Underinflation Can Cause Belt Separation) as follows: INTRODUCTORY STATEMENT AND GENERAL OBJECTIONS 1. Firestone objects to plaintiffs' notice on the grounds that it is overly broad and not

limited to the tire in question, its particular specifications, and the manufacturing facility and period at issue. It is generally accepted in the tire industry that overdeflection of a tire, which is a pressure vessel, caused either by overloading and/or underinflation can result in a tread/belt separation. However, the determination of whether overdeflection was a factor in any given separation normally requires an examination of the failed tire. That examination, in turn, considers the design and manufacture of that tire. As a result, this discovery seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. The subject tire has been identified as a LT265/75R16 Steeltex Radial A/T Load Range E steel belted radial light truck tire bearing Department of Transportation ("DOT") number 8XW81XL2601 that was manufactured at Firestone's facility in Aiken, South Carolina during the 26th week of 2001. Information regarding other tires manufactured to other specifications and at other facilities during other time periods is not "relevant to the subject matter" of this action. 2. The subject tire was built to a proprietary specification that establishes the exact

manner in which the numerous design and construction variables are combined to produce that particular product. The specification prescribes the tire size and overall type of construction; the number and type of components; the dimensions, gauges and relevant placement of each component; the manner and sequence of component assembly; and the curing process and equipment used in fashioning the tire. Moreover, the specifications of individual tires change over time to reflect developments in radial tire technology and evolving vehicle requirements. 3. Trade names such as "Steeltex Radial A/T" cover tires made in different sizes and

load ranges to different specifications at different plants over the years. Therefore, the only way to identify an individual tire is by reference to the particular specification to which it is built.

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Where indicated in its responses, Firestone has in good faith identified those documents of which it is currently aware that will provide information regarding the subject tire as defined by its specification. 4. In making these responses, Firestone is not waiving: (a) the right to object on the

grounds of privilege, materiality, hearsay or any other proper ground, to the use of any information provided in these responses in any subsequent proceeding in this action or any other action; and (b) the right to object on any and all grounds to any other discovery procedures involving or relating to the subject matter of this notice. 5. For the sake of brevity, the above objections are incorporated into Firestone's

Response to Plaint iffs' Notice of Oral/Video Deposition (Studies, Testing and Validation of Theory that Overdeflection/Overloading/Underinflation Can Cause Belt Separation). RESPONSE TO NOTICE OF DEPOSITION Plaintiffs request that Firestone provide the "Bridgestone/Firestone representative most knowledgeable regarding studies, testing and validation of theory that Overdeflection/Overloading/Underinflation can cause belt separation." RESPONSE: Firestone states that it is well known in the industry that a tread/belt separation in a steel belted radial tire can result from overdeflect ion as a result of overloading and/or underinflation. Therefore, Firestone states that there is no one person most knowledgeable with regard to this topic. Nevertheless, Firestone will produce one or more witnesses generally knowledgeable regarding the causes of tread/belt separations, including overdeflection, overloading or underinflation. RESPONSE TO DOCUMENT REQUESTS Plaintiffs request that "the following books, papers, documents videos, photos, electronic and magnetic data, and tangible things (hereinafter collectively "documents") are hereby designated to be produced by the witness at the time and place of the deposition if they have not been previously produced." REQUEST NO. (a): all documents, reports, memos, emails, electronic or magnetic data, and tangible things that relate to, contain, or reflect in any manner studies, testing and/or any validation of the theory that overdeflection/overloading/underinflation can cause belt separation;

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RESPONSE: Firestone states that it is well known within the industry that a tread/belt separat ion in a steel belted radial tire can result from numerous possible causes, including but not limited to using the tire for an improper purpose or on an improper size vehicle, improper alignment, improper service conditions, underinflation, overloading, punctures, cuts, impacts, improper repair, mounting damage, chemical exposure, high speed operation, improper storage, misuse of ancillary products, to name several. It would require an unduly burdensome file-by-file search of the files of dozens, if not hundreds, of engineering and other employees at Firestone's corporate offices and plants to locate all responsive materials. Nevertheless, by way of example and not intended as an exhaustive listing, Firestone refers plaintiffs to the copyrighted articles ent itled "Tire Examination After Motor Vehicle Collisions," Chapter 8 of Traffic Collision Investigation (Northwestern University Center for Public Safety, 2001) and "Introduction to Tire Safety, Durability and Failure Analysis," Chapter 15 of The Pneumatic Tire (National Highway Traffic Safety Administration, 2005). However, to the extent this request includes all "studies, testing and/or validation" of theories regarding impact damage without limitation in time, it is overly broad and seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. In addition, to the extent this request seeks to obtain the product of the investigation done by Firestone in anticipation of litigation or the mental impressions of Firestone and/or its counsel and/or its consulting experts, Firestone objects to this request to the extent that it seeks information protected from discovery as attorney work product. REQUEST NO. (b): all documents, reports, memos, emails, electronic or magnetic data, and tangible things that relate to, contain, or reflect in any manner warnings or instructions to consumers regarding the alleged risk of tire failure due to overdeflection/overloading/underinflation; RESPONSE: Firestone instructs and warns about the proper care, service and maintenance of its tires in various ways. By way of example, warnings and information related to the proper use and inflation are molded onto the sidewall of the tire and contained in a label affixed to the tread of the tire. Additional safety and servicing information is also contained in the Tire Maintenance Warranty and Safety Manual, which would have been provided in the vehicle's glove -4-

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compart ment if the vehicle was originally equipped with Firestone tires and/or available at the point of purchase if the tires were purchased from a Firestone store or an independent dealer. Firestone, as a member of the Rubber Manufacturer's Association ("RMA") and the Tire Industry Safety Council ("TISC"), has also disseminated to the public various tire care and service materials. In addition, Firestone offers information regarding tire maintenance, replacement and safety on its website, www.tiresafety.com. Firestone has already o ffered to provide counsel for plaintiffs a copy of the Tire Maintenance Warranty and Safety Manual applicable to the subject tire and samples of RMA and TISC materials that may be applicable to the subject tire. However, to the extent that plaintiffs seek "all documents" regarding warnings and instructions" given to consumers without limitation as to a particular tire or time frame, Firestone objects to this request on the grounds that it is overly broad and seeks information that is irrelevant and not reasonably calculated to lead to the discovery o f admissible evidence. REQUEST NO. (c): all documents reviewed by the witness in preparation for this deposition; RESPONSE: Firestone refers plaintiffs to the documents referenced in response to Requests No. (a) and (b) above. However, the documents, if any, to be reviewed by the witness or witnesses offered by Firestone, will be selected by counsel and would reflect counsel's mental impressions. Therefore, Firestone objects to this request to the extent that it seeks information that is protected from discovery as attorney work product. REQUEST NO. (d): the witness' current resume and bibliography. RESPONSE: Firestone will provide counsel for plaint iffs a copy o f the resume or CV, if any, of the witness or witnesses it offers in response to this Notice. DATED this 6th day of June, 2008.

FENNEMORE CRAIG, P.C. By s/Scott Day Freeman William L. Thorpe Scott Day Freeman Attorneys for Defendants Bridgestone Firestone North American Tire, LLC, and Bridgestone Americas Holding, Inc.
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CERTIFICATE OF SERVICE I hereby certify that on June 6, 2007, I electronically transmitted the attached document to the Clerk's Office using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Linda B. Williamson Lucia Stark Williamson LLP 2700 North Central Avenue Suite 1400 Phoenix, Arizona 85004-1133 [e-mail] Roger S. Braugh, Jr. Sico, White & Braugh L.L.P. 802 North Carancahua Suite 900 Corpus Christi, Texas 78470 [e-mail]

s/ Scott Day Freeman

2071982.1

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