Volkswagen v. 1st Judicial District ( 2020 )

ORIMNAL 04/02/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 20-0171 OP 20-0171 VOLKSWAGEN AKTIENGESELLSCHAFT D/B/A VOLKSWAGEN GROUP AND/OR VOLKSWAGEN AG, AUDI AG, FILED VOLKSWAGEN GROUP OF AMERICA,INC., VOLKSWAGEN GROUP OF AMERICA APR 02 2020 CHATTANOOGA OPERATIONS,LLC,AUDI Bowen Greenwood Court OF AMERICA,LLC,DR.ING. H.C. F. Cleric of Suprerne State of Montana PORSCHE D/B/A PORSCHE AG,AND PORSCHE CARS NORTH AMERICA,INC., ORDER Petitioners, v. MONTANA FIRST JUDICIAL DISTRICT COURT,LEWIS AND CLARK COUNTY, HONORABLE JAMES P. REYNOLDS, Presiding, Respondent. Petitioners and Defendants Volkswagen Aktiengesellschaft d/b/a Volkswagen Group and/or Volkswagen AG; AUDI AG; Volkswagen Group of America, Inc.; Volkswagen Group of America Chattanooga Operations, LLC; Audi of America,LLC,Dr. Ing. h.c. F. Porsche AG; and Porsche Cars North Arnerica, Inc.("Volkswagee), seek a writ of supervisory control over the Montana First Judicial District Court in Cause No. DDV-2016-1045 to reverse that court's Order denying Volkswagen's motion to dismiss. Volkswagen maintains the District Court erred in concluding it could exercise personal jurisdiction over Volkswagen in this matter and that the claims asserted in this matter are not pre-empted by the Clean Air Act. Having reviewed the Petition and the challenged Order, this Court deems it appropriate to obtain a summary response. Therefore, in accordance with M. R. App. P. 14(7), IT IS ORDERED that the First Judicial District Court, and Plaintiff Montana Department of Environmental Quality, or both, are granted 30'days from the date of this order, to prepare, file, and serve a response to the petition for writ of supervisory control in Cause No. DDV-2016-1045. The Clerk is directed to provide immediate notice of this Order to counsel for Petitioner, all counsel of record in the First Judicial District Court Cause No. DDV-2016- 1045, and to the Honorable James P. Reynolds, presiding District Judge. „vi k DATED this G day of April, 2020. For the Court, By 2