2001-01-26 Harley-Davidson Response - Minnesota Judicial Branch

OFFICE OF
APPEi..LbiTE COURTS
STATE OF MINNESOTA
IN MINNESOTA SUPREME COURT JAN 2 C 2001
In Re: Court File No. Cl-01-l 18 FILED
TWIN CITIES HARLEY-DAVIDSON LITIGATION
STATE OF MINNESOTA )
1 ss.
COUNTY OF HENNEPIN )
litigation.
AFFIDAVIT OF MICHAEL W. UNGER
I, Michael W. Unger, being first duly sworn on oath, states and deposes as follows:
1. I am lead counsel for Twin Cities Hakley-Davidson in the above-referenced
2. Of the 25 claimants in this litigation, all but one has now been deposed. Two
claimants, Bullis and Bruggentheis, recently agreed to dismiss their claims with prejudice rather
than testify about their claims. The remaining claimant, Craig Smith, was inadvertently left out
of the declaratory judgment suits because he was not originally identified by Attorney Sisam as
being among clients bringing a claim. This oversight has now been remedied since Mr. Smith
does intend to bring a claim. A declaratory judgment action has been commenced against
Mr. Smith and is venued in his county of residence, Hennepin County.
3. Since this litigation was commenced last August, petitioners have not brought a
single motion for discovery. Since Twin Cities Harley-Davidson has nearly c pleted its
T
intended depositions of the claimants, no discovery motions are foreseen. Based upon our
analysis of the claimants’ deposition testimony, it is expected that most of these claims will be
the subject of a dispositive motion.
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