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

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1 BP+SQUXSH \ I Q. l4ow long have you hvcn a mcmlxx of IloCi? 2 A. I goI ;I one-year nicnihcrship wh I ho~iglll my 3 motorcycle 4 v. Which mororcyclc? 5 A. The 0111: I‘rom Twin City South. 6 0. Do you rcccivc any motorcycle-rclatcJ 7 publications? 8 A. None other than from Harley-Davidson. 9 Q. Is that the publication you retxivl: as part 01 0 your HOc; suhscriplion? I A. Kighl. Condo Page I3 2 Q. Do you helong 10 the Minnesota Valley HO(; c’luh 3 or Association? 4 A. Not if it didn’t come with my hike. I haven’t S joinedany. 6 Q. Do you know if the membership you have has any 7 type of local chapter? 8 A. 1 have no idea. 9 Q. Do you belong to any Harley-Davidson-related 0 Internet or e-mail groups? :I A. No. 12 Q, Do you have any friends or relatives in the 3 motorcycle business? !4 A. No. !S Q. Any friends or relatives in the Page 14 1 Harley-Davidson business‘? 2 A. No. 3 Q. Did you know any employees or owners of Twin 4 CiIy Harley-Davidson hefoe you first contacted them about 5. buying a motorcycle? 6 A. No. 7 Q. How did you learn about Twin City 8 Harley-Davidson? 9 A. i guess just the phone book. I don’t recall IO anyeHain-. I1 Q. WhendidyoumakeMec&ntobuyan I2 alditional Harley-Davidson motorq&? I3 A. Ikncwitwouldtakcaconsidexableamountof I4 timetogctm,soIjustjumpedtmtheli&thinkhgI 1s hedthetimt. ! . . I. I6 Q. tbymrememkwhentbatwas? 17 A. I suppose April of ‘96. I8 Q. What did you know about the Harley-JIavidson I9 markctatthattimc? lo A. Welt not mu& really. I guess I’d ask you to 21 hemote-whatdoyouwanttoknowaboutit? 22 Q. It’s your testimony you put your name on ,the 23 waiting list at Twin City Harley-Davidson in April of ‘96, 14 orsom&nearoundtbcrc? 2s A.cofmct. ‘agc13-Page:16c sdt I*( James D. Kitmel Page 1s I Q. And at that time you had to sclcct a model 2 that you wanted? 3 A. Correct. 4 0. Bcforc you went to Twin City Harley-Davidson 5 had you done any shopping around, price comparison:’ h A. No. 7 ~2. Had you done any research at all into x Harley-Davidson motorcycles at that time? Y A. Other than on my own inotorcyclc, no. 0 Q. What do you mean by your own motorcycle’! I A. Well, I owned an ‘82 Sturgis already. 2 Q. So before you put your nainc on the waiting 3 list, you hadn’t checked prices anywhere else? 4 A. No. 5 Q. You hadn’t talked to any other dealers? 6 A. No. I Q. You hadn’t looked in the newspaper to check 8 prices of Harley-Davidsons?-*- 9 A. I followed used prices in the newspaper. !O Q. What did that teII you, if anything, about the z ! I ma
. James D. Kinncv CondenseItTM DEPO-SQUISE Page 17 Page 15 I A. I can’t even recall what he looks like. I A. He showed me a clipboard with a list on it and ! Q. Can you tell me what color hair he had? 2 said, Here are the prices. I’m sure it will be more 1 A. Not offhand. no. 3 because they go up every year. I Q. Can you tell me if he was a young person or an 4 Q. Did he tell you anything else at that time’.? 5 older person’? 5 A. No. , 5 A. He was a younger guy. 6 Q. And that’s the best you can remember today 7 Q. About how old would you say? 7 word for word what Mr. Young told you? 3 A. 30% 8 A. Yeah. > Q. Can you tell me if he was a bigger person or a 9 Q. Did you talk to anybody else at that time I smaller person, thin person, heavy person? o about price? I A. Average. I A. No, I did not. 2 Q. What do you mean by average? 2 Q. You said he showed you a clipboard’.! 3 A. He was just average size. 3 A. Yeah. 4 Q. Can you give me any more information than 4 Q. Describe that for me. 5 that? 5 A. It was just a nine-by-eleven clipboard. 6 A. Not at this time. 6 Q. And tbere was something on the clipboard? 7 Q. Was be taller than six feet? 7 A. A list was attached to it. 8 A. I don’t recall. 8 Q. Describe that*iist for me. 9 Q. And on that occasion, you actually decided to 0 put your name on the waiting list. Correct? 1 A. tirrect. 9 A. It was just a photocopy of all the bikes and ,O models and prices. J , :I Q. Did you read it’? 2 Q. What was your understanding as to bow the 12 A. I went to the bikes that I was interested in. 3 waiting list would work? 13 yeah. 4 A. My name would go on a list, and when my bike 14 Q. Was this colored? Black and white? What did 5 came in, it was my turn. 15 it look like’? Page II I Q. Did you have to put any money down? 2 A. Yes. 1 did. 3 Q. How much money did you put down? 4 A. $sot). 5 Q. And was it your understanding that money was 6 fully refundable? 7 A. Yes. 8 Q. You understood at any time you could get your 9 r’nantybaek’? : f . . 0 A. Yes. ‘, , 1 Q. Do you remember tli’,, bike you placed 2 your name on the waiting list for? ’ 3 A. A Heritage Softail.’ ’ 4 Q. And you hadn’t ma& any at&mpts at that time s toobtainthatbikeanywheIeel&? 6 A. No. ::, : I, , 7 Q. And you hadn’t done any research.i~to the 18 p&eOf those types Of nWOrcyCks? . 19 A. No. !O Q. Did you have any discussions with Mr. Young ! I about, prioe? . * 12 A. He just told me Ha hhda~ way of knowing the 13 price on a bike that wasn’t made yet. 14 Q. ~wantyoutottlimCaS~jr6ucIin~~~ Page 2( 1 A. Black and white. it was like a photocopy. 2 Q. And you said it had prices on it? 3 A. Yeah --yes. 4 Q. How wee they ammged on the document? 5 A. Itwasthebikeandthenthepricc:hyit,and 6 itwasfXorFLmodelnumhers. 7 Q. Do you mmemher anything else about the F 8 document? 9 A. Notattbistime. IO Q. Didyoureadthedoeumen t,or&dyoujusr I 1 look at whatever’ price was lii for your bike? I2 .A. I was just looking at the prices of-the bikes. 13 Q. Was them any header or descriptive termsat ” 14 thetopofthedocurnent? - .- ’ .;.,’ 1 IS A. Not that-1 ie&ll. - 16 Q. Did Mr. Young m 3&l y ~ttxnents i&Nit the %z 17 document? 18 A. Not that I can recall. I9 Q. Were you shown any other written materials, 20 paperwork, price lists on that occasion’! 21 A. No. : 22 Q. So you’ve told me absolutely everything you 23 can remember about what may have been told to YOU that da 24 or what may have ‘been’ shown to you that day? 25 A. Everythiq I recall. Page 17-Page2
Page 1 and 2: Hand Delivered Frederick Grittner C
Page 3 and 4: agreement. The two individuals alle
Page 5 and 6: were heard and considered in Dakota
Page 7 and 8: In a case directly on point, the Mi
Page 9 and 10: Differing factual circumstances als
Page 11 and 12: A. The Number of Parties. The mere
Page 13 and 14: of the settlement and missed the de
Page 15 and 16: OFFICE OF APPEi..LbiTE COURTS STATE
Page 17 and 18: e , 14. Attached hereto as Exhibit
Page 19 and 20: * . : , : 4. . s . Mr. Unger June 2
Page 21 and 22: 3 3 I I July 6,200O Michael W. Unge
Page 23 and 24: ‘August 7,200O Michael W. Unger R
Page 25 and 26: nr,uI,ac,, . . 1 APlcinarmlLlmlIed~
Page 27 and 28: RIDERBENNETT EGAN&.ARUNDEL . Edwin
Page 29 and 30: W”. --. -1-.* - - -- _~ . . I.1 *
Page 31 and 32: 3a be’.:. File NO. U-00-012649 3
Page 33: James ‘D. Kinncv Condcnsclt’M I
Page 37 and 38: ,JamcsD. Kinney CondenseIt’” DE
Page 39 and 40: I . r James D. Kinney Page 33 1 by
Page 41 and 42: I James D. Kinney CondcnseItTM DEPO
Page 43 and 44: . ‘Tmamc 1. Carter Condcnsclt’M
Page 45 and 46: 0 Tcrrancc J. Carter Condcnscl t l
Page 47 and 48: . , Tcrrancc J. Carter Page 17 I A.
Page 49 and 50: . Tcrrancc J. Carter Condcnsclt IM
Page 51 and 52: Terrance J. Carter Condcnscl t IM P
Page 53 and 54: Tcrrancc J. Caticr Condcnsclt.“M
Page 55 and 56: 1 .sell to the third guy for the sa
Page 57 and 58: . Tcrrancc J. Carter Condcnscl t IH
Page 59 and 60: xmncc J. Carter hike. Q. Boll 1 lan
Page 61 and 62: xrance J. Carter I (TEKKANC’E JOH
Page 63 and 64: . Daniel M. Lund / ---- I .4PYEAIlA
Page 65 and 66: * 9 thnicl M. Lund I 2 3 4 5 6 7 8
Page 67 and 68: . I Daniel M. Lund Condensclt’M D
Page 69 and 70: L Daniel M. Lund Condcnsclt’M DEP
Page 71 and 72: . , aniel M. Lund Conde Page 33 I a
Page 73 and 74: . . , Danicl M. Lund Condcn.sclt’
Page 75 and 76: \ Z ’ Daniel M. Lund Condenselt

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

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