Opinion
Civil No. 2:03cv660 TS
December 11, 2003
Jeffery S. Williams, Esq. and Evelyn J. Furse, Esq., BENDINGER, CROCKETT, PETERSON CASEY, Salt Lake City, UT, for Defendant Bridgestone/Firestone, Inc.
PROTECTIVE ORDER TO PRESERVE EVIDENCE
Based upon the parties' stipulation, it is hereby
ORDERED, ADJUDGED AND DECREED that no party shall conduct any disposal, disassembly, alteration, modification or destructive testing of the accident tire alleged by plaintiffs to be a Firestone Steeltex Radial A/T, LT 265/75R16 119/116R, or any part thereof (hereinafter "subject tire") except under the following circumstances:
1. The parties agree that plaintiffs are the owners of the subject tire and shall, subject to this agreement, have the right to possession and control of same.
2. Written notice shall be given to counsel for each party setting forth the date, time, location and nature of any intended disposal, disassembly, alteration, modification or destructive testing of the subject tire and/or components thereof, and the identity of all persons attending the testing. Such notice shall be given to and received by all parties not less than twenty (20) days prior to the date on which the event is scheduled, and shall contain a description of the activities contemplated by the inspecting party.
3. Any objections to any such disposal, disassembly, modification, alteration or destructive testing shall be brought to the attention of the Court, in writing, not less than ten (10) days prior to the date on which such activity is scheduled to take place. Once an objection has been filed with the Court, any disposal, disassembly, alteration, modification, or destructive testing of the tire or component parts shall be delayed until the Court has had an opportunity to rule upon the objections filed.
4. The party filing objections to any such disposal, disassembly, modification, alteration or destructive testing shall seek a hearing on the objections prior to the scheduled date for such disposal, disassembly, modification, alteration or destructive testing. In the event it is not possible to have the matter heard prior to the scheduled testing, the party filing any such objections shall seek the earliest available hearing date.
5. In the event that there is no objection to the contemplated activity, then each party shall have the right to be present, with its representatives, to observe all above-referenced activities conducted with regard to the subject tire and component parts. The parties are expected to cooperate with one another to ensure that such activities involving the subject tire and component parts are conducted in an orderly fashion without unreasonable interference by the other party.
6. The procedures set forth in this order may be modified by written agreement of counsel, but absent such agreement, this order shall govern any activities taken with regard to the subject tire and its component parts.
7. Any examination or testing made on the subject tire or any other tire on the vehicle in question, and all parts or components thereof, shall be performed in the United States of America.