Here you can find answers to common questions about
this settlement. To see an answer to a question listed below just click on
the question. To return to the list of questions, just click on "Return to
Questions" after the answer, or use your browser's "Back"
button.
Why was this notice issued?
What is the lawsuit about?
What is uneven or premature tire wear?
What tires are included in the settlement?
Why is this a class action?
Why is there a settlement?
How do I know if I am part of the settlement?
I'm still not sure if I'm included in the settlement.
What are the benefits?
What am I giving up in exchange for the settlement benefits?
How do I get the benefits of the Supplemental Tire Warranty?
What if I already had my tires replaced?
What if my claim for reimbursement is denied?
If I exclude myself, can I get anything from this settlement?
If I don't exclude myself, can I sue later?
How do I get out of the settlement?
Do I have a lawyer in the case?
How will the lawyers be paid?
How do I tell the Court if I don't like the settlement?
What's the difference between objecting and excluding?
When and where will the Court decide whether to approve the settlement?
Do I have to come to the hearing?
May I speak at the hearing?
How can I get more information?
Main
Summary
Notice Detailed
Notice Settlement
Agreement Preliminary
Approval Order
The
Lawyers Representing You Toyota's
Run-Flat Tire Customer Support Program
If you have questions call
1-800-572-1157.
A Court authorized this notice because you have a
right to know about a proposed settlement of this class action lawsuit and about
all of your options, before the Court decides whether to give “final approval”
to the settlement. This notice explains the lawsuit, the settlement, and your
legal rights.
Judge Samuel Conti of the United States District Court for the Northern District
of California is overseeing this class action lawsuit. The case is known as
Ciabattari v. Toyota Motor Sales, U.S.A., Inc. et al, No. 3:05cv4289. The people
who sued are called the “Plaintiffs,” and the companies they sued, Toyota
Motor Sales, U.S.A., Inc.; Toyota Motor North America, Inc.; Goodyear Dunlop
Tires North America LTD; and Bridgestone Firestone North American Tire, LLC are
called the “Defendants.”
(Return to Questions)
The lawsuit concerns Toyota Sienna vehicles, model
year 2004, 2005, or 2006, produced on or before September 17, 2005, that came
factory equipped with run-flat tires, referred to throughout as “Class
Vehicles.” The Siennas that came factory-equipped with run-flat tires are the
AWD or mobility models. The lawsuit says the Defendants should have known about
the alleged tire wear problems with the Class Vehicles, the tire pressure
warning system and/or design of the Class Vehicles allegedly causing tire wear,
and that the Class Vehicles’ lack a spare tire and spare tire storage space.
Defendants deny these allegations and stand behind and support their products.
(Return to Questions)
What is uneven or premature tire
wear?
Uneven tire wear means uneven wear between the
center treads and the shoulder tread. Premature
tire wear means a tread depth of less than 3/32” at any center tread.
(Return to Questions)
What tires are included in the
settlement?
Dunlop SP Sport 4000 DSST P225/60R17 and Bridgestone
B380 P225/60R17 run-flat tires are included in the settlement.
(Return to Questions)
In
a class action one or more people called “Class Representatives” (in this
case, Mark Ciabattari, Jess Collinson, Scott Pollack, Thomas Hunt, Kyle
Bressler, Tom Pear, Stanley Monk, Patricia and Michael Beaird and David Pollack)
sue on behalf of people who have similar claims.
All of these people are a “Class” or “Class members.”
One court resolves the issues for all Class members, except for those who
exclude themselves from the Class.
(Return to Questions)
Both sides agreed to a settlement to avoid the cost
and risk of a trial, and so that the people affected can get benefits, in
exchange for releasing the Defendants from liability. The settlement does not
mean that the Defendants broke any laws, and the Court did not decide which side
was right. The Class Representatives and the lawyers representing them think the
settlement is best for all Class members.
(Return to Questions)
How do I know if I am part of the
settlement?
The
Court decided that the settlement includes people in the United States who
currently own or lease, or previously owned or leased, a Toyota Sienna vehicle,
model year 2004, 2005, or 2006, produced on or before September 17, 2005, that
came factory-equipped with run-flat tires.
The Siennas that came factory-equipped with run-flat tires are the AWD or
mobility models.
(Return to Questions)
I'm still not sure if I'm included
in the settlement.
If you are not sure whether you are included in the
Class, you may call 1-800-572-1157 with questions.
(Return to Questions)
The benefits include:
Toyota’s Supplemental Tire Warranty - Replacement run-flat tires for a period of 3 years or 36,000 miles from the date of first vehicle use, whichever comes first, if the vehicle’s run-flat tires need to be replaced for uneven or premature tire wear under normal use. This warranty is limited to Class Vehicles originally equipped with Dunlop SP Sport 4000 DSST P225/60R17 and/or Bridgestone B380 P225/60R17 run-flat tires. Uneven tire wear means uneven wear between the center treads and the shoulder tread. Premature tire wear means a tread depth of less than 3/32” at any center tread. To receive coverage under the Supplemental Tire Warranty, the work must be done at an authorized Toyota dealer.
Reimbursement - to Class members who paid for replacement of their run-flat tires due to premature or uneven wear within the Supplemental Warranty period and before August 7, 2006. If worn run-flat tires were replaced with run-flat tires, Class members will be reimbursed the cost of the tire(s), balancing, mounting, wheel weights and installation. If worn run-flat tires were replaced with conventional tires, Class members can either: (1) get reimbursed for the cost of the tire(s), balancing, mounting, wheel weights and installation, or (2) replace the conventional tires with new run-flat tires at no charge. If you already were reimbursed for replacing worn run-flat tires, you will not be reimbursed for the same run-flat tires again.
More details are in a document called the Settlement Agreement.
What am I giving up in exchange for
the settlement benefits?
If the settlement becomes final, Class members will
be releasing the Defendants and related people and entities for all the claims
described and identified in paragraph 10 of the Settlement Agreement. The
Settlement Agreement describes the released claims with specific descriptions,
in necessarily accurate legal terminology, so read it carefully. You can talk to
one of the lawyers listed below for free or you can, of course, talk to your own
lawyer if you have questions about the released claims or what they mean.
(Return to Questions)
How do I get the benefits of the
Supplemental Tire Warranty?
If you think your Class Vehicle is showing signs of
uneven or premature wear, take it to your local
(Return to Questions)
What if I already had my tires
replaced?
If you paid for replacement of your run-flat tires due to premature or uneven wear within the Supplemental Warranty period and before August 7, 2006 you may be eligible for reimbursement. If you replaced your worn run-flat tires with new run-flat tires, you are eligible to be reimbursed the cost of the tire(s), balancing, mounting, wheel weights and installation. If you replaced your worn run-flat tires with conventional tires, you can either: (1) get reimbursed for the cost of the conventional tire(s), balancing, mounting, wheel weights and installation, or (2) replace the conventional tires with new run-flat tires at no charge.
You can ask for reimbursement by mailing: (1) your name, address, telephone number; (2) a copy of your repair order which includes the reason for replacement; (3) proof-of-payment; and (4) proof-of-ownership, to:
Toyota Customer Experience, WC 10
19001 South Western Ave.
Torrance,
Replacement of tire(s) due to damage caused by accident, puncture, or road hazard impact are not eligible for reimbursement. If you already were reimbursed for replacing worn run-flat tires you will not be reimbursed for the same run-flat tires again.
What if my claim for reimbursement
is denied?
There is a process in the settlement to resolve
disagreements between you and the Defendants over your claim. If you have filed
a claim for reimbursement (see "How
do I get the benefits of the Supplemental Tire Warranty?"
and "What if I already
had my tires replaced?") that was
denied by the Defendants without the chance to address any problem with your
claim, you can contact Mark Anderson, Class Counsel,
to ask for his help to resolve the dispute. Class Counsel will contact the
Defendants and try and resolve this dispute on your behalf at no charge. If
Class Counsel is unable to informally resolve the claim, you can ask him to
submit the dispute in writing to a neutral third-party that the Plaintiffs and
Defendants have hired to resolve disputed reimbursement claims. You will not be
charged for using this neutral third party, and the decision of the neutral
third party is binding on both you and the Defendants. The Settlement
Agreement also provides more information on the dispute resolution process.
(Return to Questions)
If I exclude myself, can I get
anything from this settlement?
No.
Although you are still eligible for the benefits provided by
(Return to Questions)
If I don't exclude myself, can I
sue later?
No.
Unless you exclude yourself, you give up the right to sue the Defendants
for the claims that this settlement resolves.
You must exclude yourself from this Class to start or continue your own
lawsuit on the released claims or any of the claims included in the following
pending class actions: Stanley Monk v.
Toyota Motor Sales, U.S.A., et al., No. 05 Civ. 10562 (S.D.N.Y.); Collinson,
et al., v. Toyota Motor Sales, U.S.A., et al., No. 05-5471 (D.N.J.); Bressler
v. Toyota Motor Sales, U.S.A., et al., No. cv-544-FtM-29DNF (M.D. Fl.); Pear
v. Toyota Motor Sales, U.S.A., et al., No. 3:05-CV-1778 (D. Conn.); Beaird
v. Toyota Motor Sales, U.S.A., et al., No. 1:06-cv-00466 (N.D. Ill.); and Pollack
v. Toyota Motor Sales, U.S.A., et al., No. 1:06-cv-01157 (N.D. Ohio).
(Return to Questions)
How do I get out of the settlement?
To
exclude yourself from the settlement, you must send a letter by mail saying that
you want to be excluded from Ciabattari
v. Toyota Motor Sales, U.S.A., Inc. and mention the case number (No.
3:05cv4289). Be sure to include:
(1) your full name and current address; (2) year and model of vehicle; (3)
approximate date of purchase or lease; (4) whether you still own/lease the
vehicle; (5) the VIN number of your vehicle if you still own/lease it; and (6)
your signature. You
can’t ask to be excluded over the phone or at the website.
You must mail your exclusion request postmarked no later than October
16, 2006 to:
Run-Flat
Tire Exclusions
PO Box 6515
Portland,
Do I have a lawyer in the case?
The
Court has appointed these lawyers to represent you and
other Class members as “Class
Counsel”:
Mark
F. Anderson, Esq.
Kemnitzer, Anderson, Barron & Ogilvie, LLP
445 Bush Street, Sixth Floor
San Francisco, CA 94108
James
E. Miller, Esq.
Shepherd, Finkelman, Miller & Shah, LLC
65 Main Street
Robin
E. Nackman, Esq.
Bernstein, Nackman & Feinberg
67 Wall Street, 22nd Floor
New York, NY 10005
You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.
Class
Counsel will ask the Court for attorneys’ fees, costs and expenses not to
exceed $945,000. Class Counsel will
also ask for a payment of up to $5,000 for each of the nine Class
Representatives (Mark
Ciabattari, Jess Collinson, Scott Pollack, Thomas Hunt, Kyle Bressler, Tom Pear,
Stanley Monk, Patricia and Michael Beaird [treated as one] and David Pollack)
who helped the lawyers on behalf of the whole Class.
The Court may award less than these amounts.
The Defendants will separately make the payments that the Court orders.
These payments will not reduce the value of the benefits distributed to
Class members. The Defendants will
also separately pay the costs to administer the settlement.
(Return to Questions)
How do I tell the Court if I don't
like the settlement?
You can object to the settlement if you don’t like some part of it. You can give reasons why you think the Court should not approve it. To object, send a letter saying that you object to Ciabattari v. Toyota Motor Sales, U.S.A., Inc. and mention the case number (No. 3:05cv4289). Be sure to include: (1) your full name, current address, and telephone number; (2) year and model of vehicle; (3) whether you still own/lease the vehicle; (4) approximate date of purchase or lease; (5) the VIN number of your vehicle; (6) reasons why you object to the settlement; and (7) your signature. Provide any copies of any other documents that you wish to submit in support of your objection. Mail the objection to these three different places postmarked no later than October 16, 2006:
|
Court |
Class Counsel |
Defense Counsel |
|
Clerk
of Court |
Mark
F. Anderson, Esq. |
Thomas
M. Riordan, Esq. |
What's the difference between
objecting and excluding?
Objecting
is simply telling the Court that you don’t like something about the
settlement. You can object only if
you stay in the Class. Excluding
yourself is telling the Court that you don’t want to be part of the Class.
If you exclude yourself, you have no basis to object because the case no
longer affects you.
(Return to Questions)
When and where will the Court
decide whether to approve the settlement?
The
Court will hold a Fairness Hearing at 10:00 a.m. on Friday, November
17, 2006, at the United States District Court for the Northern District of
California, 450 Golden Gate Ave.,
(Return to Questions)
Do I have to come to the hearing?
No.
Class Counsel will answer any questions Judge Conti may have.
But, you are welcome to come at your own expense.
If you send an objection, you don’t have to come to Court to talk about
it. As long as you mailed your
written objection on time, the Court will consider it.
You may also pay another lawyer to attend, but it’s not required.
(Return to Questions)
If you file an objection (see "How
do I tell the Court if I don't like the settlement?" above) you
may also ask the Court for permission to speak at the Fairness Hearing.
To do so, you must send a letter saying that it is your “Notice of
Intent to Appear in Ciabattari v. Toyota
Motor Sales, U.S.A, Inc.”
Be sure to include your name, address, telephone number, and your
signature. Your Notice of Intent to
Appear must be postmarked no later than October
16, 2006, and be sent to the addresses listed above.
You cannot speak at the hearing if you excluded yourself from the Class.
(Return to Questions)
How can I get more information?
This notice summarizes the proposed settlement. More
details are in a Settlement Agreement.
You may also write with questions to Run-Flat Tire Settlement, PO Box 6515,
Portland, OR 97228 . You can also call the toll free number, 1-800-572-1157.
(Return to Questions)
