Judge Orders Data Dump By Toyota

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Judge Orders Toyota to Perform Document Dump

Vehicle maker's lawyers call judge's discovery order 'aggressive,' given that as many as 75,000 pages of documents could be involved

Amanda Bronstad
The National Law Journal
June 01, 2010


The federal judge overseeing the multidistrict litigation against the Toyota Motor Corp. ordered its lawyers to turn over tens of thousands of pages of internal documents that the company has already provided to Congress, which is investigating the company's vehicle recalls.

U.S. District Judge James Selna acknowledged the challenges Toyota faces in providing the documents, many of which could end up being privileged or including trade secrets. Some of them still need to be translated into English from Japanese.

But he appeared convinced that some of the documents could be provided within a month, especially since they already are in the hands of Congress.

Such a schedule, Selna said during a hearing on Friday, would "advance the ball" in the litigation, which includes some 300 lawsuits against Toyota. Most of the claims seek economic losses on behalf of consumers; others are personal injury and wrongful death lawsuits.

Toyota's lawyers argued for more time. Lisa Gilford, a Los Angeles partner at Atlanta's Alston & Bird, called the judge's discovery order a "fairly difficult burden" and "aggressive," given that Toyota could be forced to turn over 75,000 pages of documents.

"There are things that need to be worked out before that information can be produced to the plaintiffs," she said.

Vincent Galvin, a partner in the San Jose office of Bowman and Brooke who also represents Toyota, upped that estimate to more than 100,000 pages. Toyota's response to Congress, he said, was like loading up a truck with one's personal belongings in the rush to escape an approaching forest fire, with no time to divide items to be donated to Goodwill from treasured family photos. It's clear from questions Congressional committee members put to Toyota that they "don't know what they got," he said.

Selna acknowledged that the Federal Rules of Civil Procedure, unlike congressional subpoenas, allow Toyota's lawyers to siphon out documents that could qualify for a protective order or attorney-client privilege. "I don't think the plaintiffs have power equal to various branches of government," he said.

Plaintiffs lawyers asked for all the documents. "We need that material to form an educated complaint," said Steve Berman, founding partner of Seattle's Hagens Berman Sobol Shapiro, one of the lead plaintiffs lawyers.

In the end, Selna gave Toyota's lawyers 30 days to turn over all documents that are not privileged or subject to a protective order, which he expected to issue within a month. Japanese-language documents, he said, did not need to be provided within that schedule, giving time for Toyota's lawyers to translate them.

He ordered the plaintiffs lawyers to file their consolidated class complaint within 60 days, after which Toyota's lawyers could move to dismiss. Selna hoped that schedule would prove adequate for the pleading stage of the case, a "critical milestone in terms of shaping this litigation."

He rejected Toyota's attempts to order that the plaintiffs file four consolidated class complaints based on the different recalls and alleged defects: floor mats, accelerator pedals, electronic throttle control system and claims by entities other than consumers.

"The plaintiffs are the masters of their case," Selna said. "I don't think the role of the court is to impose artificial constraints."

Following the hearing, Berman praised that decision. He also was pleased with the court's discovery order.

"It's already in the truck," he said of Toyota's documents. "Just drive it over here."

The next hearing in the case is scheduled for June 23.


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