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Supreme Court of the United States ______FORD MOTOR COMPANY, Petitioner, V

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Supreme Court of the United States ______FORD MOTOR COMPANY, Petitioner, V Nos. 19-368 & 19-369 IN THE Supreme Court of the United States _________ FORD MOTOR COMPANY, Petitioner, v. MONTANA EIGHTH JUDICIAL DISTRICT COURT, et al., Respondents. _________ FORD MOTOR COMPANY, Petitioner, v. ADAM BANDEMER, Respondent. _________ On Writs of Certiorari to the Supreme Courts of Montana and Minnesota _________ JOINT APPENDIX _________ SEAN MAROTTA DEEPAK GUPTA HOGAN LOVELLS US LLP GUPTA WESSLER PLLC 555 Thirteenth Street, N.W. 1900 L Street, N.W. Washington, D.C. 20004 Suite 312 (202) 637-4881 Washington, D.C. 20036 [email protected] (202) 888-1741 [email protected] Counsel of Record for Petitioner Counsel of Record for Respondents PETITIONS FOR WRITS OF CERTIORARI FILED: SEPTEMBER 18, 2019 CERTIORARI GRANTED: JANUARY 17, 2020 TABLE OF CONTENTS Page Relevant Docket Entries in Ford Motor Co. v. Montana Eighth Judicial District Court, No. 19-368: Supreme Court of Montana Docket (No. OP 19-0099) ............................................... 1 District Court Docket (No. ADV-18-0247(b)) ........ 2 Relevant Docket Entries in Ford Motor Co. v. Bandemer, No. 19-369: Court of Appeals and Supreme Court of Minnesota Docket (Case No. A17-1182) ......... 4 District Court Docket (Minn. D. Ct. Todd Cty. No. 77-CV-16-1025) .................................. 7 Relevant Pleadings in Ford Motor Co. v. Montana Eighth Judicial District Court, No. 19-368: Petition for Writ of Supervisory Control, filed February 8, 2019: Exhibit A – Plaintiff’s Complaint and Demand for Jury Trial, filed May 2, 2018 .............................................................. 9 Exhibit B – Affidavit of Eric Kalis, filed July 6, 2018 ............................................... 40 Exhibit C – CARFAX Vehicle History Report ........................................................ 44 Relevant Pleadings in Ford Motor Co. v. Bandemer, No. 19-369: Complaint, filed September 2, 2016 .................... 58 (i) ii TABLE OF CONTENTS—Continued Page Ford Motor Company’s Response to Plain- tiff’s First Set of Jurisdictional Request for Admissions, dated December 12, 2016 ................................................................. 66 Ford Motor Company’s Response and Ob- jections to Plaintiff’s First Set of Juris- dictional Request for Production, dated December 12, 2016.......................................... 83 Declaration of Howard E. Slater in Support of Ford Motor Company’s Motion to Dismiss, filed January 5, 2017 ....................... 91 Declaration of Michael DeYoung in Support of Ford Motor Company’s Motion to Dismiss, filed January 5, 2017 ....................... 93 Declaration of Michael R. Carey in Support of Ford Motor Company’s Motion to Dismiss, filed January 5, 2017 ....................... 96 Exhibit A – Ford Motor Company’s An- swers and Objections to Plaintiff’s First Set of Jurisdictional Interroga- tories, dated December 12, 2016 ............... 98 Exhibit B – CARFAX Vehicle History Report ...................................................... 128 SUPREME COURT OF MONTANA _______________ Case No. OP 19-0099 FORD MOTOR COMPANY, Petitioner, v. MONTANA EIGHTH JUDICIAL DISTRICT COURT, ELIZABETH BEST, Respondent. _______________ DOCKET ENTRIES DATE PROCEEDINGS 02/08/2019 Petition – Writ – Supervisory Control * * * 03/13/2019 Response/Objection – Petition for Writ (Lucero) * * * 05/21/2019 Opinion – Opinion and Order – Justice McKinnon; Ford’s Petition for Writ of Supervisory Control is GRANTED and the District Court’s order denying Ford’s motion to dismiss is AFFIRMED. * * * 06/07/2019 Event – Case Closed * * * (1) 2 MONTANA EIGHTH JUDICIAL DISTRICT COURT CASCADE COUNTY _______________ Case No. ADV-18-0247(b) CHARLES S. LUCERO, Plaintiff, v. FORD MOTOR COMPANY; THE GOODYEAR TIRE & RUBBER COMPANY; THE KELLY-SPRINGFIELD TIRE CORPORATION; LLOYD’S TIRE SERVICE; TIRES PLUS, INC.; AND DOES 1 THROUGH 10; Defendants. _______________ DOCKET ENTRIES DOCKET DATE NUMBER PROCEEDINGS 05/02/2018 1 Plaintiff’s Complaint and Demand for Jury Trial * * * 07/06/2018 3 Motion to Dismiss for Lack of Personal Jurisdiction or, in the Alternative to Change Venue * * * 10/10/2018 30 Order Denying Defendant Ford Motor Company’s Motion to Dismiss and Defendants Ford Motor 3 DOCKET DATE NUMBER PROCEEDINGS Company and Tires Plus’s Motion for Change of Venue * * * 10/24/2018 34 Ford Motor Company’s Answer, Affirmative Defenses, And Jury De- mand 11/05/2018 35 Notice of Appeal * * * 4 SUPREME COURT OF MINNESOTA ___________ Case No. A17-1182 ADAM BANDEMER Respondent, v. FORD MOTOR COMPANY, Appellant, ERIC HANSON, ET AL., Defendants. _______________ DOCKET ENTRIES DOCUMENT JURISDIC- DESCRIPTION TION FILING DATE Notice – Appeal – Court of 07/31/2017 Case Filed; Order Appeals 5/25/17 * * * Notice of Constitu- Court of 08/01/2017 tional Challenge Appeals * * * Brief – Appellant Court of 08/21/2017 E-Filed Appeals * * * Brief – Respondent Court of 10/18/2017 E-Filed Appeals * * * 5 DOCUMENT JURISDIC- DESCRIPTION TION FILING DATE Brief – Reply E- Court of 11/06/2017 Filed Appeals * * * Event – Oral – Court of 01/24/2018 Panel Appeals * * * Opinion – Pub- Court of 04/23/2018 lished Appeals Petition – Further Supreme 05/23/2018 Review Court * * * Order – PFR – Supreme 07/17/2018 Grant Court * * * Brief – Appellant Supreme 08/23/2018 E-Filed Court * * * Brief – Amicus E- Supreme 08/30/2018 Filed ( The Cham- Court ber of Commerce of the United States of America) * * * Brief – Respondent Supreme 09/25/2018 E-Filed Court 6 DOCUMENT JURISDIC- DESCRIPTION TION FILING DATE Brief – Reply E- Supreme 10/05/2018 Filed Court * * * Event – Oral – En Supreme 12/11/2018 Banc Court * * * Opinion – Pub- Supreme 07/31/2019 lished Court * * * 7 MINNESOTA SEVENTH JUDICIAL DISTRICT COURT TODD COUNTY ___________ Case No. 77-CV-16-1025 ADAM BANDEMER Plaintiff, v. FORD MOTOR COMPANY, ERIC HANSON & GREG HANSON, Defendants. _______________ DOCKET ENTRIES INDEX DATE NUMBER PROCEEDINGS 09/02/2016 2 Summons and Complaint * * * 09/28/2016 4 Answer * * * 01/05/2017 35 Notice of Motion and Motion 01/05/2017 36 Motion to Dismiss * * * 02/03/2017 Motion Hearing (1:30 PM) (Judicial Officer Anderson, Douglas P.) * * * 8 INDEX DATE NUMBER PROCEEDINGS 05/25/2017 81 Order Denying Motion (Judicial Officer: Ander- son, Douglas P.) * * * 9 PETITION FOR WRIT OF SUPERVISORY CONTROL – EXHIBIT A ___________ MONTANA EIGHTH JUDICIAL DISTRICT COURT, CASCADE COUNTY ___________ CHARLES S. LUCERO, as Personal Representative of the Estate of Markkaya Jean Gullet, on Behalf of the Heirs and Estate of Markkaya Jean Gullet, Plaintiff, v. FORD MOTOR COMPANY, a Delaware Corporation; THE GOODYEAR TIRE & RUBBER COMPANY, an Ohio Corpo- ration; THE KELLY-SPRINGFIELD TIRE COMPANY, a Maryland Corporation; LLOYD’S TIRE SERVICE, a Washington Corporation; TIRES PLUS, INC., a Mon- tana Corporation; AND DOES 1 THROUGH 10; Defendants. ___________ Cause No. ADV-18-0247 ___________ Hon. Gregory G. Pinski ___________ PLAINTIFF’S COMPLAINT AND DEMAND FOR JURY TRIAL ___________ COMES NOW Plaintiff Charles S. Lucero, as Per- sonal Representative of the Estate of Markkaya Jean Gullett, on behalf of the Heirs and Estate of Mark- kaya Jean Gullett, and alleges: 10 GENERAL ALLEGATIONS 1. On May 22, 2015, Markkaya Jean Gullett (“Decedent”) suffered fatal injuries in a single vehicle rollover crash in Mineral County, Montana, following a sudden and unexpected tread belt separation of her right rear tire. The Decedent was operating a 1996 Ford Explorer at the time of the incident. The failed tire was a LT235/75R15 Trailfinder Radial AP, Load Range C tire manufactured during the 18th week of 1995 Kelly-Springfield. 2. Charles S. Lucero, as Personal Representative of the Estate of Markkaya Jean Gullett, files the subject litigation on behalf of the Heirs and Estate of Markkaya Jean Gullett, seeking damages under Montana law against a variety of defendants for negligence, products or strict liability, and failure to warn. 3. This is another in a long-line of Ford Explorer rollover crashes associated with tire failures. The Explorer design was the subject of a massive series of recalls, investigations, Congressional hearings, and internal root cause evaluations beginning in 2000, many of which involved tire failures. PARTIES 4. Plaintiff Charles S. Lucero is a citizen and resident of Cascade County, Montana. He is the duly appointed, qualified and acting Personal Representa- tive of the Estate of Markkaya Jean Gullett (“Mrs. Gullett”), who at the time of her death was a citizen and resident of Superior, Montana. 5. Upon her death on May 22, 2015, Mrs. Gullet left surviving her husband, Ross Gullett, their minor children, Kiona Gullett, born July 25, 2012, and 11 Kayah Gullett, born February 17, 2015, and her parents Kevin and Tracy McGann. All are citizens and residents of Montana. 6. Defendant Ford Motor Company (“Ford”) is a corporation organized under Delaware law, with its principal place of business in Dearborn, Michigan. At all times relevant to the Complaint, Ford was in the business of designing, manufacturing, assembling, marketing, selling, and distributing automobiles, including the subject Explorer, and placing vehicles into the stream of commerce. The subject vehicle was a 1996 Ford Explorer, VIN# 1FMDU34XXTUB0926 (“Subject Vehicle”). 7. Defendant The Goodyear Tire & Rubber Com- pany (“Goodyear”) is a corporation organized and existing under the laws of the State of Ohio. 8. Defendant The Kelly-Springfield Tire Corpora- tion (“Kelly-Springfield”) is a corporation organized and existing under the laws of the State of
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