July 7 (Westlaw Journals) - Plaintiffs in the multidistrict litigation on alleged unintended acceleration in Toyota vehicles want the automaker to turn over 37,900 customer reports relating to potential incidents.

U.S. District Judge James V. Selna of the Central District of California has set a hearing on the matter for July 8.

In their motion, the plaintiffs say the long list of potential “sudden unintended acceleration” incidents implicates both economic-damage and personal injury/wrongful death cases.

“Nearly all, if not all, of the complaints in this MDL specifically allege that Toyota was on notice of at least 37,900 customer reports relating to potential SUA events that it failed to accurately and timely disclose,” the motion says.

The plaintiffs say Toyota identified these reports in response to a congressional subpoena but has refused to produce the documents in the MDL.

Under Federal Rule of Civil Procedure 26(b)(1), parties may obtain discovery “regarding any matter, not privileged, that is relevant to the claims or defense,” the plaintiffs say.

“Because the pleadings include specific allegations relating to the 37,900 reports (which Toyota has denied), such documents are relevant and discoverable,” the motion says.

In May, the plaintiffs add, Toyota produced information on only 9,497 potential incidents and excluded known SUA reports.

“It appears that Toyota may have either been negligent in initially identifying these events or is now holding back documents that are material to the claims in this litigation,” the plaintiffs maintain.

In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices & Products Liability Litigation, No. 8:10-ML-2151, plaintiffs’ brief filed (C.D. Cal. June 1, 2011).

(Reporting by Nick Sullivan, Westlaw Journal Automotive)