Richmond v. Chrysler Group Llc, et al

Motion to Dismiss for Lack of Jurisdiction .

D. Or.October 13, 2016

JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 1 83862601v1 Rachel Tallon Reynolds, Oregon State Bar No. 131953 SEDGWICK LLP One Union Square 600 University Street, Suite 2915 Seattle, WA 98101-4172 Telephone: 206.462.7560 Facsimile: 877.541.3918 Email: rachel.reynolds@sedgwicklaw.com Attorneys for Specially Appearing Defendant JAKE SWEENEY CHRYSLER JEEP DODGE, INC. UNITED STATES DISTRICT COURT DISTRICT OF OREGON - PORTLAND DIVISION BETH RICHMOND, Personal Representative of the Estate of JASON RICHMOND, Deceased, Plaintiffs, v. CHRYSLER GROUP LLC, a Delaware foreign limited liability company, and JAKE SWEENEY CHRYSLER JEEP DODGE, INC., an Ohio corporation, Defendants. Case No. 3:16-cv-01936-PK JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION MEMORANDUM OF POINTS AND AUTHORITIES Date: Time: Crtm: Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 1 of 14 JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 2 83862601v1 TO THE PARTIES AND THEIR ATTORNEYS OF RECORD: Pursuant to FRCP 7 and LR 7.1, counsel for defendants have made a good faith effort to contact Plaintiff at the telephone number and email address provided on his pleading in an attempt to resolve the defendants' objections to the Plaintiff's Complaint. Counsel reached an answering machine, and voicemail was left regarding the nature of the call and the name and telephone number of counsel. Counsel also sent three separate emails to Plaintiff's counsel stating the nature of defendants' anticipated motions, and requesting Plaintiff's counsel's availability to confer regarding the same in accordance with this Court's rules. Counsel further advised that if no response was received, defendants would file the instant motion after 12:00 p.m. on October 13, 2016. No response has been received. PLEASE TAKE NOTICE that defendant Jake Sweeney Chrysler Jeep Dodge, Inc., (“Jake Sweeney”), hereby moves this Court for an order dismissing the action pursuant to Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction. As more fully set forth in the attached memorandum of points and authorities, the motion should be granted because Jack Sweeney is a non-resident corporation that does not have sufficient contacts with Oregon to justify the exercise of either general or specific jurisdiction. Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 2 of 14 JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 3 83862601v1 This motion is based on this Notice of Motion and Motion, the attached Memorandum of Points and Authorities, the concurrently filed declaration, on all matters to which this Court may take judicial notice, on the pleadings and records on file in this action, and on any other and further evidence and argument as may be presented at the hearing of this motion. SEDGWICK LLP Dated: October 13th, 2016 s/Rachel Tallon Reynolds Rachel Tallon. Reynolds, Oregon State Bar No. 131953 One Union Square 600 University Street, Suite 2915 Seattle, WA 98101-4172 Telephone: 206.462.7560 Fax: 877.541.3918 Email: rachel.reynolds@sedgwicklaw.com Service.seattle@sedgwicklaw.com Attorneys for Specially Appearing Defendant JAKE SWEENEY CHRYSLER JEEP DODGE, INC. Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 3 of 14 JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 4 83862601v1 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION On August 31, 2016, Plaintiff Beth Richmond filed this action in the Circuit Court of the State of Oregon, County of Multnomah. Plaintiff alleges that on August 31, 2013, decedent Jason Richmond was operating a Jeep Patriot in Idaho when the vehicle allegedly stalled and required decedent to move the vehicle to the side of the roadway. Plaintiff further alleges that while attending to the stalled vehicle on the side of the roadway, decedent was struck and killed by a passing truck. Plaintiff alleges that she suffered damages as a result of the death of decedent Jason Richmond. On October 4, 2016, defendant FCA US removed the action to federal court on the basis of diversity jurisdiction. Defendant Jake Sweeney brings the instant motion to dismiss based on lack of personal jurisdiction. The motion should be granted because Jake Sweeney is a non-resident corporation that does not have sufficient contacts with Oregon to justify the exercise of either general or specific jurisdiction. Plaintiff merely alleges Jake Sweeney sold the vehicle in Ohio. Jake Sweeney is not subject to general jurisdiction because it does not have substantial, continuous and systematic contact with Oregon. Jake Sweeney does Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 4 of 14 JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 5 83862601v1 not conduct business in Oregon; does not maintain offices in Oregon; does not maintain employees in Oregon; does not own property in Oregon; and does not maintain accounts with financial institutions in Oregon. General jurisdiction is a high standard that Plaintiff cannot meet. Jake Sweeney is similarly not subject to specific jurisdiction because it has not “purposefully availed” itself of the privileges and benefits of Oregon law and the claims in this case do not arise from Jake Sweeney’s actions in this state. Plaintiff’s claims arise from a accident that occurred on August 31, 2013, in the State of Idaho. Plaintiff alleges, among other things, that the accident was precipitated by an alleged defect in the Jeep Patriot that was being used by decedent Jason Richmond. Jake Sweeney did not manufacture the subject vehicle nor any of its component parts. Moreover, Jake Sweeney was not involved in any of the design, production, testing, manufacturing or marketing of any of components installed on the subject vehicle. Jake Sweeney is a corporation organized and existing under the laws of the State of Ohio. Complaint, ¶ 2; see also Declaration of Jake Sweeney, at ¶ 3. Jake Sweeney is not a resident of Oregon. Jake Sweeney’s only relation to this case is that it sold the subject Jeep Patriot to decedent Jason Richmond in Ohio on or about September 6, 2012. Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 5 of 14 JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 6 83862601v1 Accordingly, this Court should enter an order dismissing this action against Jake Sweeney for lack of personal jurisdiction. II. LEGAL ARGUMENT A. LEGAL STANDARD FOR DISMISSAL FOR LACK OF PERSONAL JURISDICTION When jurisdiction is challenged by a defendant who does not reside in the forum state, the plaintiff bears the burden of establishing that personal jurisdiction is appropriate. See KVOS, Inc. v. Assoc. Press, 299 U.S. 269, 278 (1936) (although the defendant is the moving party on a motion to dismiss, the plaintiff bears the burden of establishing that jurisdiction exists); Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 800 (9th Cir. 2004) (“Where a defendant moves to dismiss a complaint for lack of personal jurisdiction, the plaintiff bears the burden of demonstrating that jurisdiction is appropriate”). Where the motion is based on written materials rather than an evidentiary hearing, “the plaintiff need only make a prima facie showing of jurisdictional facts.” Sher v. Johnson, 911 F.2d 1357, 1361 (9th Cir.1990). Accordingly, the court only “inquire[s] into whether [the plaintiff’s] pleadings and affidavits make a prima facie showing of personal jurisdiction.” Caruth v. Int’l Psychoanalytical Ass’n., 59 F.3d 126, 128 (9th Cir. 1995).) In making this inquiry, however, the Court “may not assume the truth of Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 6 of 14 JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 7 83862601v1 allegations in a pleading which are contradicted by affidavit.” Data Disc, Inc. v. Systems Tech. Assoc., Inc., 557 F.2d 1280, 1284 (9th Cir. 1977). “There are two limitations on a court’s power to exercise personal jurisdiction over a nonresident defendant: the applicable state personal jurisdiction rule and constitutional principles of due process.” Sher, 911 F.2d at 1361. The Court’s analysis merges into a single determination of whether exercising personal jurisdiction over the nonresident defendant violates the protections created by due process. Id. Federal due process requires that a nonresident defendant have minimum contacts with the forum state such that the exercise of personal jurisdiction does not offend traditional notions of fair play and substantial justice. International Shoe Co. v. Washington, 326 U.S. 310, 316 (1945); Fed. R. Civ. P 12(b)(2). The constitutional test may be satisfied in either of two ways. If the defendant has “substantial” or “continuous and systematic” contacts with the forum state, general jurisdiction may be proper even if the cause of action is unrelated to the defendant’s forum activities Data Disc, Inc., 557 F.2d at 1287 (citing Perkins v. Benguet Consolidated Mining Co., 342 U.S. 437, 446-47 (1952)); see also Keeton v. Hustler Magazine, Inc., 465 U.S. 770, 781 (1984). In contrast, the Court may exercise specific jurisdiction over the defendant when the cause of action arises out of or is sufficiently related to the defendant’s Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 7 of 14 JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 8 83862601v1 forum-related actions, even when those actions do not rise to the substantial, continuous, or systematic level required to establish general jurisdiction. Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985); Sher, 911 F.2d at 1361; Data Disc, 557 F.2d at 1287. B. PLAINTIFF CANNOT ESTABLISH GENERAL JURISDICTION OVER JAKE SWEENEY “General personal jurisdiction” over a non-resident defendant exists only if plaintiff shows that defendant has “substantial, continuous and systematic” contacts with the forum state. Glencore v. Grain Rotterdam B.V., 284 F.3d 1114, 1123 (9th Cir. 2002); Helicopteros Nacionales de Columbia, S.A. v. Hall, 466 U.S. 408, 414 (1984) (“This is a fairly high standard in practice”); Fields v. Sedgwick Associated Risks, Ltd., 796 F.2d 299, 301 (9th Cir. 1986); Schwarzenegger, 374 F.3d at 801 (“This is an exacting standard, as it should be, because a finding of general jurisdiction permits a defendant to be hauled into court in the forum to answer for any of its activities anywhere in the world”); Shute v. Carnival Cruise Lines, 897 F.2d 377, 380 (9th Cir. 1990) (“The level of contact with the forum state necessary to establish general jurisdiction is quite high”) Yahoo! Inc. v. La Ligue Contre Le Racisme, 433 F.3d 1199, 1205 (9th Cir. 2006) (to confer general jurisdiction, a defendant’s forum contacts must be so “substantial, continuous, and Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 8 of 14 JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 9 83862601v1 systematic that the defendant can be deemed to be ‘present’ in that forum for all purposes.) General jurisdiction exists when the defendant is domiciled in the forum state or its activities there are substantial, continuous and systematic. Helicopteros, 466 U.S. at 414, fn. 9. Factors supporting the conclusion that a defendant’s contacts are substantial, continuous, and systematic-none of which are present here-include the maintenance of an office, presence of employees, use of bank accounts, and the marketing and selling of products or services in the forum state. Id. at 415. The factors are not exhaustive but provide guidance as to the type and degree of contacts required. Id. Here, Jake Sweeney has no contact with Oregon. The declaration of Jake Sweeney clearly establishes that Jake Sweeney maintains no property, conducts no business and has no employees in Oregon. There is no evidence before the court which establishes that Jake Sweeney maintains any forum contacts, let alone substantial, continuous and systematic ones, with the State of Oregon. Accordingly, general jurisdiction cannot possibly be exercised over Jake Sweeney. C. PLAINTIFF CANNOT ESTABLISH SPECIFIC JURISDICTION OVER JAKE SWEENEY In the absence of such continuous or substantial activity, Plaintiff can only establish jurisdiction over Jake Sweeney based on specific jurisdiction, requiring Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 9 of 14 JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 10 83862601v1 her to demonstrate a strong relationship between the quality of Jake Sweeney’s forum contacts and the cause of action. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 487 (1985); Hirsch v. Blue Cross, Blue Shield of Kansas City, 800 F.2d 1474 (9th Cir. 1986). Specific jurisdiction may be exercised when the “nature and quality” of the defendant’s contacts with the forum state are significant in relation to the specific cause of action. Data Disc, Inc., 557 F.2d at 1287. The Ninth Circuit has established a three-prong test for determining specific jurisdiction: (1) The non-resident defendant must purposely direct its activities or consummate some transaction with the forum or resident thereof; or perform some act by which it purposely avails itself of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws; (2) Plaintiff’s claims must be ones that arise out of or relate to defendant’s forum-related activities; and (3) The exercise of jurisdiction must comport with fair play and substantial justice, i.e., it must be reasonable. Schwarzenegger, 374 F.3d at 801; Cybersell, Inc. v. Cybersell, Inc. 130 F.3d 414, 416 (9th Cir. 1997). Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 10 of 14 JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 11 83862601v1 Failure to meet any one of these three prongs mandates dismissal on jurisdictional grounds. Ins. Co. of North America v. Marina Salina Cruz, 649 F.2d 1266, 1270 (9th Cir. 1981). Plaintiff bears the burden of establishing that the first two prongs are satisfied. Schwarzenegger, 374 F.3d at 802. Only if Plaintiff carries this initial burden, does the burden shift to Jake Sweeney to establish that the Court’s assertion of jurisdiction is not reasonable. On its face, the Complaint alleges claims sounding in tort against every defendant, including Jake Sweeney. Thus, Plaintiff will likely rely on a purposeful direction analysis to meet the first prong of the three-part test. See Schwarzenegger, 374 F.3d at 802 (“A purposeful direction analysis, on the other hand, is most often used in suits sounding in tort”). To determine whether a nonresident defendant has engaged in purposefully directed conduct, the Ninth Circuit uses a three-part test, requiring that the defendant be alleged to have “(1) committed an intentional act, (2) expressly aimed at the forum state, (3) causing harm that the defendant knows is likely to be suffered in the forum state.” Schwarzenegger, 374 F.3d at 802. Plaintiff has not alleged any facts to suggest that Jake Sweeney engaged in any conduct that meets this standard; nor can she in good faith do so. Plaintiff offers only general allegation that Jake Sweeney “sold the vehicle to Plaintiff’s decedent in the same condition as it had been manufactured and/or Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 11 of 14 JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 12 83862601v1 assembled by Defendant Chrysler Group LLC” and “the sale to Plaintiff’s decedent occurred on September 6, 2012.” Complaint, ¶ 5, 6. Plaintiff’s Complaint does not allege that the subject vehicle was sold by Jake Sweeney in Oregon and Plaintiff cannot do so, because such an allegation would be patently false. Simply put, Jake Sweeney has not engaged in any forum-related activities. Jake Sweeney does not sell products in Oregon. It does not own any property in Oregon. It does not design, manufacture or sell products in Oregon and it has no employees in Oregon. Additionally, it has not designed or marketed any products particular to the forum state. Sweeney Decl., ¶ 5. Plaintiff’s claims arise out of an accident that occurred in the State of Idaho. Ex. 1 (Police Report)1. Thus, Plaintiff’s claims do not arise out of or relate to any forum-related activities by Jake Sweeney in the State of Oregon. Plaintiff fails to allege any facts to establish the elements required under the three-part “effects” test to establish the “purposeful direction” prong necessary to impose specific jurisdiction. Plaintiff cannot establish facts that demonstrate that Jake Sweeney “(1) committed an intentional act, (2) expressly aimed at the forum state, (3) causing harm that the defendant knows is likely to be suffered in the forum state.” Schwarzenegger, 374 F.3d at 802. As a result, Plaintiff utterly fails 1 A true and correct copy of the Idaho State Police Incident Report is attached hereto as Exhibit 1. Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 12 of 14 JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 13 83862601v1 to meet her legal burden to establish prima facie facts showing that Jake Sweeney purposefully directed its activities toward Oregon. Plaintiff, therefore, has not justified the exercise of personal jurisdiction over Jake Sweeney and her claims against it should be dismissed. III. CONCLUSION For the foregoing reasons, Jake Sweeney Chrysler Jeep Dodge, Inc. respectfully requests that this Court enter an order dismissing Plaintiff’s action for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2). SEDGWICK LLP Dated: October 13th, 2016 s/Rachel Tallon Reynolds Rachel Tallon. Reynolds, Oregon State Bar No. 131953 One Union Square 600 University Street, Suite 2915 Seattle, WA 98101-4172 Telephone: 206.462.7560 Fax: 877.541.3918 Email: rachel.reynolds@sedgwicklaw.com Attorneys for Specially Appearing Defendant JAKE SWEENEY CHRYSLER JEEP DODGE, INC. Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 13 of 14 JAKE SWEENEY CHRYSLER JEEP DODGE, INC.’S MOTION TO DISMISS Page 14 83862601v1 CERTIFICATE OF SERVICE I hereby certify that on the 13th day of October, 2016, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification to all counsel of record. Willard E. Merkel MERKEL & ASSOCIATES Umpqua Bank Plaza One SW Columbia St., Suite 520 Portland, OR 97258 Phone: (503) 222-0056 FAX #:(503) 222-4461 Email: wmerkel@merkelassoc.com Attorneys for Plaintiff Signed at Seattle, Washington this 13th day of October, 2016. s/Elizabeth Pina Elizabeth Pina 600 University Street, Suite 2915 Seattle, WA 98101 Telephone: (206) 462-7560 Email:elizabeth.pina@sedgwicklaw.com Case 3:16-cv-01936-PK Document 3 Filed 10/13/16 Page 14 of 14 EXHIBIT 1 Exhibit 1 - 001 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 1 of 50 Incident Report IDAHO STATE POLICE Report Officer 3694/WARD,JUSTIN Printed At 11/14/2013 08:31 813002703 Reported Date 08/31/2013 Nature of Gall CR FATAL Officer WARD,JUSTIN Page 1 of 5 Supplement No ORIG Exhibit 1 - 002 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 2 of 50 Incident Report IDAHO STATE POLICE 813002703 Supplement No ORIG 3 at approximately 2033 hours, I, Trooper J. Ward was contacted by Idaho and notified of a fatality crash on eastbound Interstate 84 at Report Officer Printed At 3694/WARD,JUSTIN 11/14/2013 08:31 Page 2 of 5 Exhibit 1 - 003 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 3 of 50 Incident Report IDAHO STATE POLICE Narrative approximately milepost 125. 813002703 Supplement No ORJ:G 2. Dispatch advised me that Elmore County deputies were already on scene and had confirmed it was a fatality. 3. I was en route to the crash at 2038 hours from approximately milepost 33. Sgt. S. Ketchum and Tpr. N. Madenford also advised dispatch they would be en route. 4. At approximately 2140 hours, Sgt. Ketchum, Tpr. Madenford and I arrived on scene. 5. Upon arriving on scene I observed the right hand lane had been shut down. 6. According to weather.com the ambient temperature at the time of the crash was 87 degrees Fahrenheit. There was no wind or precipitation. 7. I observed a blue flat bed tow truck parked on the right shoulder approximately six inches away from the fog line. The tow truck had its tilt bed tilted down resting on the ground. Behind the tow truck was a red 2012 Jeep Patriot. The Jeep's driver's side front door was bent backwards and had been severely damaged. 8. Lying beside ~bserved the deceased individual later identified as Jason T. Richmond (008 --· Richmond was lying with his head facing westbound and his feet facing eastbound in the right lane of travel with his feet angled north. Richmond's left shoulder had been torn off. There was a large amount of blood spray and human tissue on the tilt bed of the tow truck as well as across the roadway. The blood and human tissue extended approximately 30 yards past the front of the tow truck. 9. Directly in front of the tow truck I located Richmond's left arm as well as a large amount of skin. I was notified by Elmore County deputies on scene that the arm had been moved from its original resting place. 10. Approximately one quarter mile past the Jeep and the tow truck I observed the commercial veh1QI~ that 1. wa~ JQIQ h~Cid _hit Rjch~mgnd ... 11. Sgt. Ketchum advised me that I would be the primary investigator for this crash. 12. Tpr. Madenford began taking photos of the crash. 13. Sgt. Ketchum and I met with the tow tr~r. The tow truck operator verbally identified himself as Shawn Aguado (DOB --) Aguado had already filled out a witness statement for the Elmore county deputies. Aguado was covered in blood and human tissue. Aguado stated he was not injured. Aguado stated he had been contacted and requested to respond to a disabled vehicle at eastbound Interstate 84 at approximately milepost 125. Aguado stated upon arriving on scene he activated his overhead warning lights and backed up in front of the Jeep. Aguado lowered the tilt bed down and hooked up chains to the Jeep. Aguado went to Richmond and asked for the keys. Aguado stated he then opened the driver's side door and leaned in the Jeep putting the keys in the ignition. While he was doing that Aguado stated something hit him and threw him into the Jeep. Aguado stated he then turned around and Report Officer 3694/WARD,JUSTIN Printed At 11/14/2013 08:31 Page 3 of 5 Exhibit 1 - 004 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 4 of 50 Incident Report IDAHO STATE POLICE Narrative 813002703 SUpplement No ORIG observed a white trailer. Aguado then noticed the body of Richmond. Aguado stated he then ran back to his truck and called police. 14. After Speaking with the Tow operator I met with Sr. Specialist J. Bailey. Spc. Bailey pointed out a commercial that was stopped approximately one quarter mile ahead of the tow truck. Spc. Bailey informed me which of the semi trucks was involved in the crash. Spc. Bailey stated the driver of the semi that was involved in the crash did not speak English very well. Spc. Bailey stated he had not interviewed the driver but had collected his information and was going to conduct a level one inspection. 15. Next I met with (DOS -) - was a witness to the crash. -stated he was traveling back to Twin Falls from Bois~ was traveling eastbound in "i'he'ii'Qht hand lane when he observed a heavyset man standing on the side of the road with a tow truck driver. - stated he slowed down and moved into the left hand lane. - stated he looked in his rearview mirror and observed a large amount of debris flying in the air and heard a loud noise. - stated he came to a stop approximately a half mile down the road. -got out of his pickup and walked back to the semi that was involved in the crash. - • st 1 at 1 ed 1 the driver of the semi got out of the truck and they both wal back to the crash scene. stated he observed Richmond's body lying in the roadway. stated a passerby stopped out with them and checked Richmond's body for a pulse. stated the passerby said that Richmond was dead. 16. I met with the Elmore County Deputy who had arrived on scene earlier. The deputy explained to me what witnesses had said and provided me with a set of photos and statements he had collected. 17. I met with the driver of the semi truck that had hit Richmond. The semi truck driver was identified by his Oregon driver's license as Volodymyr Vasilevich Boyko. Boyko stated he did not speak English very well. 18. Sgt. Ketchum contacted Sr. Tpr. Higley to translate for Boyko. Tpr. Higley spoke over the phone with Boyko and conducted a basic interview. --~ -----~ - ---- 19. I marked the tires of the tow truck the jeep and the final resting place of Richmond's body. 20. I located a United States passport which was used to identify Richmond. 21. On September 3, 2013 at approximately 1000 hours, I, Trooper J. Ward along with Sgt. Ketchum and Sr. Specialist G. Szeles returned to the scene of the crash to take measurements. Sr. Specialist G. Szeles and I measured the crash scene taking measurements of final location of the Jeep, tow truck and Richmond's body. 22. On September 3, 2013 I contacted the Elmore County Coroner Jerry L. Rest. I asked Rest If he could provide me with a measurement around Richmond's stomach. Rest stated it was approximately 88-90 inches around Richmond's stomach not including his arms. 23. Mcpl. Szeles completed the reconstruction of the crash. Report Officer 3694/WARD,JUSTIN Printed At 11/14/2013 08:31 Page 4 of 5 Exhibit 1 - 005 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 5 of 50 Incident Report IDAHO STATE POLICE Narrative 813002703 Supplement No ORIG 24. On September 5, 2013 Sr. Specialist Bailey contacted the driver of the commercial vehicle, Volodymyr Vasilevich Boyko. Specialist Bailey was unable to communicate with Boyko. Boyko stated he did not speak English. Specialist Bailey was unable to conduct an interview. Specialist Bailey contacted Boyko a second time with the help of Tpr. Higley to translate. Tpr. Higley's interview was recorded onto a compact disc and is included in this report. 25. On August 31, 2013 at approximately 2012 hours Volodymyr Vasilevich Boyko was traveling eastbound on Interstate 84 at approximately milepost 125. Jason T. Richmond was parked on the right shoulder of the Interstate in a 2012 Jeep Patriot. Richmond was having mechanical issues with his Jeep and had contacted a tow truck to remove his vehicle from the Interstate. Richmond was standing outside of his vehicle on the driver's side standing partially in the lane of travel. As Boyko passed the Jeep he hit Richmond with his font quarter panel causing Boyko to fall to the ground. As Richmond fell to the ground he was struck be the back bumper of the truck and killed. 26. Richmond was standing partially in the lane of travel. 27. Richmond's vehicle was parked approximately 1.5 feet away from the fog line causing a hazard to passing traffic. 28. Boyko stated he was traveling approximately 55 MPH, Boyko's speed was too fast for current conditions 29. The case was forwarded to the Elmore County Prosecutors office for review. Report OffiCer 3694/WARD,JUSTIN Printed A! 11/14/2013 08:31 Page 5 of 5 Exhibit 1 - 006 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 6 of 50 Incident Report IDAHO STATE POLICE 813002703 Reported Date 08/31/2013 Nature or Call CR FATAL Officer HIGLEY,BLAKE Supplement No 0002 rnv•m~·tcly 2208 hours, I Trooper Blake Higley of the Idaho State Police was contacted by Sergeant Sam Ketchum for assistance with translation. Sgt. Ketchum was on scene of a fatal crash on eastbound Interstate 84 at approximately milepost 125 in Elmore, County Idaho. The driver of the one of the vehicles involved spoke Russian. I helped to translate both his verbal and written statements. Ida State Police received a phone call from Sergeant Sam Ketchum. Sgt. Ketchum was on scene of a fatal crash on eastbound Interstate 84 at approximately milepost 125 in Elmore, County Idaho. 2.The driver of a vehicle involved was identified as Volodymyr V Boyko (OOB -· Sgt. Ketchum advised Boyko could not speak English, and requested I interview him over the phone. Sgt. Ketchum handed me the phone and I spoke with Boyko. 3.1 asked Boyko what had happened. Boyko advised he was driving on Interstate 84. Boyko saw the tow truck on the right shoulder, and began to slow. Boyko advised he was between 50-55 mph when he passed. Boyko advised he could not move to the left lane because there was a car. Bo ko advised as he assed the tow truck, he saw somethin near the lane. Bo ko advised Printed AI 11/14/2013 08:32 Page 1 of 2 Exhibit 1 - 007 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 7 of 50 Incident Report IDAHO STATE POLICE Narrative 813002703 Supplement No 0002 he attempted to move left as much as possible. Boyko advised he heard a noise while passing, and saw in his mirror something had happened. Boyko advised he pulled over to the shoulder. 4.1 asked Boyko if he had seen a person by the tow truck. Boyko advised he may have seen a person as he passed, but that it happened very fast. 5.While speaking with Boyko, I advised him to slow down, as he was speaking very quickly. 6.0n September 06, 2013, I assisted Commercial Vehicle Specialist Jason Bailey, of the Idaho State Police. Spec. Bailey had additional questions to ask Boyko. A recorded phone call was made to Boyko. 7.1 asked Boyko questions relating to his truck and log book. I also asked again about some of the crash details. Boyko was much calmer then the night of the accident. Boyko advised he had seen two people roadside. Boyko's story otherwise was unchanged. B.On September 06, 2013, I spoke with Trooper Justin Ward. Trooper Ward had collected a written statement from Boyko at the crash scene. Boyko had written the statement in Russian/Ukrainian. I advised Trooper Ward I would be able to assist, but did not know Ukrainian, but I am aware of an individual who may be able to assist. 9.0n September 15, 2013, I responded to the Little Russia store on Fairview near Five Mile in Boise, Ada County Idaho. I contacted the owner, Leena. I asked if she could assist in helping me with translation. Leena assisted in translating the Boyko's written statement. 10.Boyko's statement is as follows: I Volodymyr Boyko drove on Interstate 84. I saw in front of me a-truck fhaf qufci<:Ty changed lane to the left. Twanted to t6Tiow, but there was a long Hlle- of - cars. On the right was a parked car that was being towed. I started to slow down, my speed was 50 mph. I felt I touched something when I passed the car. I stopped on the right. Report Officer 3570/HIGLEY,BLAKE Printed AI 11/14/2013 08:32 Page 2 of 2 Exhibit 1 - 008 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 8 of 50 Incident Report IDAHO STATE POLICE Report Officer 3694/WARD,JUSTIN Printed At 11/14/2013 08:32 813002703 Reported Date 08/31/2013 Nature of cau CR FATAL Officer WARD, JUSTIN Page 1 of 2 Supplement No 0003 Exhibit 1 - 009 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 9 of 50 Incident Report IDAHO STATE POLICE I, Trooper J. Ward moved exhibits 002-004 Report Officer 3694/WARD,JUSTIN Printed At 11/14/2013 08:32 813002703 Supplement No 0003 CLE PARTS Page 2 of 2 Exhibit 1 - 010 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 10 of 50 Name IDAHO STATE POLICE WITNESS STATEMENT ___ 008 Case Number ______ _ Date and Time of Collision ---.JOL.o-~--.:..-"----,'----.;;......;.....:..- Your Vehicle license Number ------- Location of Collision --~:.:...:;.~-rt"-=--f!-....:...~-"-=-...;;_------------------ Your Direction of Travel~~::....:.....;;~~- _V)l-'-lot...::Y?;;.----- Ught Conditions - 1) {{;< J< Weather Conditions C / e c r -4- f Occupants of your Vehicle ~;V~D---:O;;;..._'h......:.r.;;::::...:S:;.._ __________________ _ Where Were You at When The Collision Happened 1 z{ J Rot.Jf rtf C:f"Cs5 h Describe The Location Of The Other Vehicles Involved In The Collision And What The Vehicles Old Prior To And At The Time Of The Collision (Such As Green BMW Was North On Hwy 95 In Left Lane At About 65 Mph With Left Tum Signal On.) -~ If At An Intersection, Describe If A Specific Vehicle Stopped Completely, (Braking Nonnal Or Abrupt) And How The Vehicle Pulled Onto The Road (Normal Or Fast) --------------------- Old You SeeAny-"l"rafficControl Signs~Stop, Yield, Rea LlQhfEIC.) ·-------~------- Did You Observe Any Brake Lamps Or Tum Signals On A Specific Vehicle IU 0 Were They Activated __ _ How Were They Activated ----------:::----r--------------- Oescribe The Speed Of The Vehlcle(s) Describe The Lane And Turning Movements Of A Specific Vehicle (Sudden Or Nonnal) -.,Ao~::l_~::;;;.._.....;;>:.::;..;e;.,.,.;e:=....._ COMPLETE THE BACK OF THIS PAGE 1-18-05 Exhibit 1 - 011 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 11 of 50 Draw A Simple Sketch· Of What Happened And Label The Vehicles 6!1- 2- qL( --------- ~~.:J ~· - (Ask for additional ah11t8 If nlldld) This statement Is true and ,."rlra,.... and I acknowledge that penalty under law allows for filing a false report to the pollee. Signed _ ____. ______ Date Off.3//_3 1-18-05 Exhibit 1 - 012 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 12 of 50 L-/ c_a_se_#_: ___ _____,/Elmore County Sherifrs Department Statement Form Name: I, have read the above statement consisting of ( ) page(s) and I know the same to be a true statement as given by me. I have initialed ( ) mistakes noticed by me. Statement by:--------------,.-------- Witnessed by:--------------------- Officer Signature:-------------Date and Time: ____ _ Exhibit 1 - 013 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 13 of 50 Ll c_a_s_e _#: ____ --'!Elmore County Sheriffs Department Statement Form Name: Address: Work Phone: S'& 3 t 6 f- .f.cf J_ b Date: c9 ~ 9*:30 Case: WAS A- Te.wL~ 1'Hf'1 qv,, c.\lLY CJ;\AN(,a"'\ LANes 1D "'i1-\'E L€Pj-c I WA-rJ"FEf) To fol.bN 1 ht1T n\eep WA$ A- l.otJ(J Lc.-..1£: DF M'?S .. ON 'I1h2 f?.t&d:r WA-s A P&l-t_eo CA& 'bti Nh toweD . 1 STAYED 1P S!Elw 'to wr.J ' ~~~ L ?A.S>EP- J1\£ Ct\?.T u' USWWe)~u &J :nftz -e,6tf:r:-. I, have read the above statement consisting of ( ) page(s) and I know the same to be a true statement as given by me. I have initialed ( ) mistakes noticed by me. Statement by:---------------------- Witnessed by:---------------------- Officer Signature:-------------- Date and Time: ____ _ Exhibit 1 - 014 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 14 of 50 Exhibit 1 - 015 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 15 of 50 w \1 tJ .zs.s ._I c_a_se_#_: ____ ___JI Elmore County Sherifrs Department Statement Form Name Home Phone: Date: li' /~I / 13 Time: Qt,~ 'i?'r:m. Case: :?!Jit have read the above statement consisting of(/) page(s) and I initialed ( lf> mistakes noticed by me. Officer Signa Exhibit 1 - 016 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 16 of 50 --row ~R\-vE-r\ '--I c_a_se_#_: ___ ____.I Elmore County Sherifrs Department Statement Form Address: Home Phone: Date: - Use the tab to move from field to field. (The shaded areas) >- Shift tab moves you back one space. >- Help information for the field area is displayed on the bottom bar or by using the Fl key. PRINT/SAVE INSTRUCTIONS: To check the pages that you would like to copy click on File, print preview. This will show the page layout of the whole document. To print the document: click on the print option on the top of the screen. If you only want to print part of the report or some of the pages, click on the circle by pages, and the put in the pages you want to print. You can save this report on a disc or to the hard drive of your computer. When saving, make sure you do a SAVE AS and not just a save. If you use the save option, you will save all the information on the report form. 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CRITICAL ITEM CHECK LIST •!• HAZARDOUS MATERIALS •!• ASSESS DRIVER •!• -SEGURECAR •!• AIR PRESSURE/DASH GAUGES •!• COMPUTER MESSAGES ~SPIDNGBRAKECHAMBERDAMAGE •!• NEED FOR IMPOUND Revised 01/24/2005 Exhibit 1 - 021 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 21 of 50 GENERAL INFORMATION INSPECTION#: ID3500002891 CASE#: B13002703 OFFICER: Jason Bailey DATE: 08/31113 TIME: 10:45 pm LOCATION OF INCIDENT: I-84@ milepost 125 MOTOR CARRIER NAME: Boyko Transportation LLC ADDRESS: PO BOX 16141 CITY: Portland ST: OR ZIP: 97292 CARRIER PHONE#: (503) 867-7826 VEHICLE OPERATED UNDER LEASE: N/A OWNER NAME: ADDRESS: ST: ZIP: OWNER PHONE #: ( ) CARGO DESCRIPTION: Frozen Food WEIGHT I AMOUNT: 39,000LBS BILL OF LADING NO: OR-1859 }N~URf\NCE COMPANY NAME: Great We~t Casualty In~urance POLICY#: GWP92624B EXPIRATION: 02/23/2014 AGENT: Victoria Tishchenko ADDRESS: PO Box 1059 CITY: Anacortes ST: WA ZIP: 98221 PHONE#: (360) 293-2135 Revised 01/24/2005 Exhibit 1 - 022 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 22 of 50 DRIVER INFORMATION NAME: Volodymyr V. Boyko ADDRESS: DATE OF BIRTH:- PHONE: DRIVERS LICENSE#:- STATE: OR CLASS: A ENDORSEMENTS: n/a RESTRICTIONS: n/a EXPIRATION DATE: 08/25/2015 CURRENT MEDICAL CERTIFICATE: yes EXAMINATION DATE: 03/20/2013 EXPIRATION DATE: 03/20/2015 CORRECTIVE LENSES: N/A HEARING AID: N/A WAIVER: N/ A EXPLAIN: EXAMINING DOCTOR: PHONE: (503) 760-0778 YEARS DRIVING COMMERCIAL VEHICLES: 5 years SEAT BELT USED: Yes PREVIOUS ACCIDENTS /EXPLAIN: Yes, 3 years ago involved in slide off PASSENGER:No AUTHORIZED: N/A NAME: ADDRESS: CITY: ST: ZIP: PHONE: ( ) Revised 01124/2005 Exhibit 1 - 023 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 23 of 50 DRIVER'S HOURS OF SERVICE DATE HOURS 34 HOUR RESET TODAY 08/31/13 9.5 YESTERDAY 08/30/13 2.25 DAY3 08/29/13 0 ~ DAY4 08/28/13 0 DAYS 08/27/13 0 DAY6 08/26113 0 DAY7 08/25/13 0 DAYS 08/24/13 0 TOTAL ON DUTY HOURS 11.75 LOG BOOK CURRENT: Yes 0None 0100 air mile driver DRIVER'S LAST LOG BOOK ENTRY: 08/31/13 at 14:30 hours driving from Pendleton, OR PROPERTY CARRIER: Yes 11 HOUR RULE VIOLATION: No 14 HOUR RULE VIOLATION: No PASSENGER CARRIER: No 10 HOUR RULE VIOLATION: N/A 15 HOUR RULE VIOLATION: N/A OPERATES UNDER HOUR RULE 60/'lOHOURRULEVIOLATION:Saidheuses bnthrules·· FATIGUED I SIGNS: No NOTES: ADDITIONAL LOG BOOKS: No NOTES: FALSE: No NOTES: Revised 01/24/2005 Exhibit 1 - 024 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 24 of 50 STRAJGHT BILL OF LADING/SHORT FORM-NOT NEGOTIABLE DOC#: OR-1859 Page 1 of Carrier:. CH ROBINSON COMPANY SCAC: SAME 17200 SE MILL PLAIN BLVD, Vancouver, WA 98683 AS TO ALL PAR.TIES HEREINTIUS CON"TRACT IS SUBJECT TO THE TERMS AND CONDffiONS OF THE UNJFOR.M DOMESTIC S1RAJGET Bll.L OF LADING SET FORTH IN THE UNIFORM FREIGHT CLASSIFICATION TARIFF IN EFFET ON THE DATE HEREOF. CARRIER ACKNOWLEDEGES RECEIPT OF THE DESCRIBED ARTICLES (EXCEPT AS NOlED AliD AS TO CO'NIENTS OF PACKAGES), A.."""D SHALL DELIVER. SAME TO TilE DESCRIBED DESTINATION OR A CARRIER THAT 'Wlll DEUVER TO lEIS DESTINATION. SHIPPER FOSTER FARMS PO BOX 457 1333 SWAN STREET Livingston CA 95334 CustiBOL Ref#: PO# Reference# Order Date Ship Date Arrival Date Quantity 0002752616 655990 08.21.13 08.30.13 08.30.13 Item No/ Lot No Description DELIVER TO (CONSIGNEE) ADVANCE BRANDS LLCIADVANCE FOO ENID, OK 73701 Trailer #: 21 . Seal 1 : 055~~9 Temp FIMIB: -7.2 I -4.1 I -3.8 Load# : 1211 Weight 1 Ck Col. 780 cs i I 1090274 SUN FZ BLK GR CKN ERST 50# IPallets Exchanged: 4WY 26 ~L COMMODITIES COVERED UNDER MCOOL REGS ARE CHED, RAISED, 40560.00 IIFAK I 00 39000.00 434 1 I Order Rema~ks: I I FOSTER FA."RMS SHIP FROM !SIJ10tureat"'""'Q'1011 - FROZEN FOOD TRAILER I 0 DEGREES I FA - NHEIT LETS OUT ---- Columbia Colstor, Inc. 1625 Down River Dr. Woodland WA, 98674 (WO) [ F! ! I I I I I l ' Exhibit 1 - 025 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 25 of 50 ( (- ))... DRIVER:! .!'!;ILY LOG '"B~~ i 'o ?~,,RA ~ sin~ 1• 1 , o ~ l7;~ ·~,:' ":.::~"::':!.:... ~-~·· ~ .... "" ~~ II L------------~ ---------~'~1 ~1--~S~£~-i~:~;m~T~;~r-c~wn~ekro_r_c_vn _ ·~-s---------------------- Total Miles Driving Today Total Mileage Today Oa·dutr hours today, {TolAI linea 3 &. 4) 70 Hour/ 8Day DriTeno ------::--=-----:--------1 Toltl bout> on 2. SLEEPER BERTH SHIPPING DOCUMENTS: f)i( ~18 )q B/L or Manifest No. or . Shipper & Commodity From: '-l ~ ~ ~ s: ~ ~ 0 ~t ~ ~tt ~ ~~ ; ~ Q.. of plncc x_ou reported ru wlt. ere released from work VI 11 • ' To: USE TIME STANDARD .A1! HOME TERMINAL dutyllult7doy•. lodudlng today. Thllll buUni imlllble tomorrow. 70 hr. mlnus A. • 'IhtAI hours on duty lulU dDp, IAcludlog today. II. l'otal hours tMlltable tomorrow. 60 hr. minus A. • c. lutal houra on duty 111117 dAy•. lncludlnn, todny. Exhibit 1 - 026 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 26 of 50 ( Jj,.._ DRIVER:!u!!ILY LOG ~I 1-5" II ':!~ Total Miles Driving Todny Totnl 1\'lllenge Today REMARKS SHIPPING DOCUMENTS: ~R -·Lg)q B/L or Manifest No. or ( ( --- --- -· --- 0 $.. I 6 () I / ; Origln•l ·File ot home tonnlnDI (MonUiJ O Y gDaD) 1 R A JlSfr)O R l A 1 I D II Du~~~~·Diivcrrclaluslnhlslhrcightdays Name of Cnrrler or Carriers 1.11 SE 1111H AVE Main Office Address 0~ 97216 Shipper & Commoditr,J n f Enter 'f"''; ?1!Ylce you reported und ~here From: vvoog_ tlVIl-\ lN IH • . To: --2=-:....::.....:-=.._=-'~_._ ________ _ RECAP Complete a1 eadolnrJ IMIIIable tomonow. 60 hr. mlnua A. • c. Tbtalbounou dul)' lui 7 doys. iuclu41ng today. •UytHJ rook 34 consttutirc llours orr duty, you bAve 60170 b.oun.nraJialllc USE TIME STANDARD AJr HOME TERMINAL © Copyright 2005 & Publlshad by J. J. KELLER & ASSOCIATES, INC. agaiJ• 613-MP (Rev. 8/05) 8524 Exhibit 1 - 027 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 27 of 50 ( ~~DRIVER:!.PJ!ILY LOG . ~II - Total Miles Driving Today Total Mileage Today ( \ ( Original~ File nt llume lcnuiunl Dupllcntc • Drl•er retaillll In hlonoer pys {Month) ·. (Dny) (Year) BOY'KD lRANSPORHlJON ll c Nnmc of Cnnicr or Carriers , t. 1 1 S£ AVE Main Office Address RECAP Cospklta at. cad ef wodul.,-. Oo-dutr houra loday.llbtlll lilieS 3 lt4) 70 Hour/ BDay Drlvera ---------,----------)Total bOWl Oil daty lui 7 d>ys. lacludlllJ ludoy. Tatnlbouu millab!e lumorrow. 10 br. minUJ A.. NIGHT 1 2 3 4 5 6 7 8 9 10[ 11 NOON 1 2 3 4 5 6 7 8 9 10 11 /lllf REMARKS 1'1'1'1'1'1' 1'1' 1'1'1' I' 1'1'1'1' 1'1'1'1'1 1! 1'1'1'1' 1'1' 1'1'1'1' 1'1'1'1'1'1'1'1'1'1'1'1'1'1'1'1'1'1 .~----~ tJ ~ F ~ 11 +j {)ifJtt{IJ: ..., &t(~! {13 ::Ia~~~;~ . .JJ vv lnclulllng today. SHIPPING DOCUMENTS: B/L or Manifest No. or Shipper & Commodity Ent.cr nnmc of pluce you reported a..ml where released from work and when and where each change of duty occurred. B, 'I'utal hours nna.Jlabtc tomorrow. GO br. mlbtlS A. • c. Total hours on duty W;t 7 d>yo, Including today. •lfyou loolt FroDl: ________________________ ~-------- To: _______________________________________ __ 34 CUML'CUthC houu olf duty, yuu hc,v-e GDnO hvun urnllnble USE TIME STANDARD A'J;' HOME TERMINAL e Copyrighl2005 & Published by J. J. KELLER & ASSOCIATES, INC. ugntn. 613-MP (Rev. 8105) 8524 Exhibit 1 - 028 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 28 of 50 STATE OF OREGON APPORTIONED REGISTRATION CAB CARD , THIS VEHICLE IS PROPORTIONATELY REGISTERED AT THE WEIGHT INDICATED WITH OREGON AND ALL JURISDICTONS LISTED BELOW ATTENTION ENFORCEMENT: VERIFY THIS CREDENTIAL@ VvVVVV.OREGONTRUCKINGONLINE.COM REGISTRANT NAME AND ADDRESS BOYKO TRANSPORTATION LLC PO BOX 2991 VANCOUVER WA 98668 GRACEPE~ODENFORCEMENT DATE: MARCH 16, 2014 VOID IF ALTERED OR ERASED PlATE NUMBER OR ACCOUNT I FLEET NUMBER I SUP EFFECTIVE DATE EXPIRATION DATE YAGWD59 118421 /{)1/000 01/01/2013 12/31/2013 - ~-~,-~_, VEHia..E YEAR VB-Ua.EMAKE VEA!CI:ElDBIITIACATJON NUMBER-·· ... -· rUB.::'PfPE 2007 VOLV 4V4NC9TK97N454635 D LESSOPNANE EQUIPMENT NUMBER VEHICLE TYPE SEATS ' 325 TR JUR ~~~HT JUR WEIGHT JUR WEIGHT JUR WEIGHT JUR WEIGHT JUR WEIGHT A~ .o~€~~7 AL 080000 AR 080000 AZ 080000 BC 036287 CA 080000 co 080.0.!00 CT 080000 DC 080000 DE 080000 FL 080000 GA 080000 IA oa.01Jffo ID 080000 IL 080000 IN 080000 KS 080000 KV 080000 LA o8iJolib HA 080000 HB 036287 MD 080000 ME 080000 MI 080000 MN 080090 J'lO 080000 MS 080000 MT 080000 NB 036287 NC 080000 ND 080000 ·:tiE 080000 NH 080000 NJ 080000 NL 036287 NM 080000 NS 036i87 'NV 080000 NY 08{)000 OH 080000 OK 080000 ON 036287 OR 08~){)00 PA 080000 PE 036287 QC 000005 RI 080000 sc 080000 SD 0800,00 SK 036287 TN 080000 TX 080000 UT 080000 VA 080000 VT 080000 WA 080000 WI 080000 wv 080000 WY 080000 ** ****** FORM 735-909BA (9-11) Exhibit 1 - 029 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 29 of 50 OWNER/ LESSEE NEW ADDRESS OREGON PLATE NUMBER BOYKO TRANSPORTA,TION .:t:Lc 403 SE lllTH AVE.:._\ PORTLAND OR 9721~ COUNTY OF RES!IOENCE MULTNOMAH EQUIPMENT NO. WEJGHTJLENGTH COUNTY OF USE Exhibit 1 - 030 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 30 of 50 CO-DRIVER INFORMATION CO-DRIVER: N/ A NAME: ADDRESS: CITY: STATE: ZIP: DATE OF BIRTH: PHONE: ( ) DRIVERS LICENSE#: STATE: CLASS: ENDORSEMENTS: RESTRICTIONS: EXPIRATION DATE: CURRENT MEDICAL CERTIFICATE: N/A EXAMINATION DATE: EXPIRATION DATE: CORRECTIVELENSES: N/A HEARINGAID: N/A WAIVER: N/ A EXPLAIN: EXAMINING DOCTOR: PHONE: ( ) FAMILIAR WITH ROAD: N/A NOTES: YEARS DRIVING COMMERCIAL VEIDCLES: PREVIOUS ACCIDENTS /EXPLAIN: SEAT BELT USED: Yes IN SLEEPER: N/ A Revised 01/24/2005 Exhibit 1 - 031 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 31 of 50 CO-DRIVER'S HOURS OF SERVICE DATE HOURS 34 HOUR RESET TODAY YESTERDAY DAY3 DAY4 DAYS DAY6 DAY7 DAYS TOTAL ON DUTY HOURS LOG BOOK CURRENT: N/A 0None D 1 00 air mile driver DRJVER'S LAST LOG BOOK ENTRY: PROPERTY CARRIER: N/A 11 HOUR RULE VIOLATION: N/A 14 HOUR RULE VIOLATION: N/A PASSENGERCARRIER: N/A 10 HOUR RULE VIOLATION: N/ A 15 HOUR RULE VIOLATION: N/ A OPERATES UNDER N/ A HOUR RULE 60170 HOUR RULE VIOLATION: N/ A FALSE: N/A NOTES: Revised 01124/2005 Exhibit 1 - 032 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 32 of 50 CHECKLIST D DRUGS D HEADLIGHTS 0 TRAILER SUSPENSION/ FRAME D ALCOHOL 0 FRONT & REAR ID LAMPS D 5 1"WHEEL 0 CAB CONDITION D CLEARANCE 0 TYPE/SIZE COUPLING DEVICES 0 ANNUAL INSPECTION 0 STOPLAMPS D INTACT 0 TNLOCATION D TAILLAMPS D RATING 0 RADAR DETECTOR D TURN SIGNALS D HEADER BOARD D WINDSHIELD 0 REFLECTORS 0 NUMBER OF TIE DOWNS 0 WINDSHIELD WIPER 0 BATTERY INSTALLATION 0 TIE DOWN RATINGS 0 HEATER DEFROSTER D WIRING 0 TIE DOWNS INTACT D HORN 0 POWER UNIT SUSPENSION/ FRAME 0 ANCHOR POINTS 0 SPEEDOMETER 0 STEERING POWER/MANUAL 0 BLOCKED BRACED 0 REAR VISION MIRRORS 0 STEERING COMPONENTS CONDITION 0 MUDFLAPS D FUELTANKS D FREEPLAY 0 REAR END PROTECTION 0 FIRE EXTINGUISHER 0 EXHAUST SYSTEM 0 WARNING DEVICES NOTES: Revised 01124/2005 Exhibit 1 - 033 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 33 of 50 VEIDCLE INFORMATION POWER UNIT VIN: 4V4NC9TK97N454635 MAKE: Volvo MODEL: Truck Tractor COLOR: Black LICENSE#: YAGW059 ST: OR YEAR: 2007 REGISTERED GROSS WEIGHT: 80,000 GVWR: 50,350 ACTUAL GROSS WEIGHT: NUMBER OF AXLES: 3 MILEAGE: AUTOMATIC ON BOARD RECORDING DEVICE: No IN USE: N/A BRAND/MODEL: COMPUTER IN USE: N/A MESSAGE: CB RADIO: Yes CHANNEL: 30 AM/FMITAPE/CD PLAYER: Yes NOTES: off AIR CONDITIONING: Yes WINDOWS: ~Up 0Down HEATER/DEFROSTER: Yes SETTINGS: COMPANY RADIO: Not Equipped CELL PHONE: NOTES: Headset was on dashboard; said he was not talking on it PAGER: Not Equipped MESSAGE: NOTES: Revised 01/24/2005 Exhibit 1 - 034 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 34 of 50 TRAILER INFORMATION/CONVERTER VIN: 1GRAA0629BW700325 MODEL: Semi Trailer LICENSE #: HU58333 ST: Oregon MAKE: Great Dane YEAR: 2011 BODY TYPE: Box REGISTERED OWNER: Boyko Transportation LLC COLOR: White NUMBER OF AXLES: 2 REGISTERED GROSS WEIGHT: GVWR: 68,000 ACTUAL GROSS WEIGHT: TRAILER INFORMATION/CONVERTER VIN: MODEL: LICENSE #: ST: MAKE: YEAR: BODY TYPE: REGISTERED OWNER: COLOR: NUMBER OF AXLES: REGISTERED GROSS WEIGHT: GVWR: ACTUAL GROSS WEIGHT: Revised 01124/2005 Exhibit 1 - 035 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 35 of 50 TRAILER INFORMATION/CONVERTER VIN: MODEL: LICENSE#: ST: MAKE: YEAR: BODY TYPE: REGISTERED OWNER: COLOR: NUMBER OF AXLES: REGISTERED GROSS WEIGHT: GVWR: ACTUAL GROSS WEIGHT: TRAILER INFORMATION/CONVERTER VIN: MODEL: LICENSE#: ST: MAKE: YEAR: BODY TYPE: REGISTERED OWNER: COLOR: NUMBER OF AXLES: REGISTERED GROSS WEIGHT: GVWR: ACTUAL GROSS WEIGHT: Revised 01124/2005 Exhibit 1 - 036 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 36 of 50 BRAKEINFO~TION ENGINE BRAKE: BRAND: OPERATION: Unknown ANTILOCKBRAKES: Yes BRAND: AIR LOSS ON BRAKE APPLICATION: No NOTES: LOW AIR/VACUUM WARNING DEVICE: Yes PARKING BRAKE: Yes TYPE: Spring OPERATIONAL: Yes IN USE: N/A TRACTOR PROTECTION VALVE: Yes AUTO TRAILER BRAKE APPLICATION: N/ A AIR TANK SECUREMENT: [Z]Secure 0Loose AIR LINES: Good CONTAIMINATION: No NOTES: Revised 01/24/2005 Exhibit 1 - 037 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 37 of 50 BRAKE INFORMATION POWER UNIT# 1 Application Air Pressure (90-100 psi) AXLE WHEEL Type {size) Measurements TOTAL Lining Lining Slack Auto/ Manual (Long Stroke) Released Applied Travel Width Thickness Adj. NOTES Length 1 LEFT C-20 1 In In In ~AUTO range range range 0MANUAL 1 RIGHT C-20 11/8 In In In ~AUTO range rane:e range OMANUAL 2 LEFT C-30 13/8 In In In ~AUTO rane:e rane:e range 0MANUAL 2 RIGHT C-30 1 1/2 In In In ~AUTO rane:e rane:e rane:e 0MANUAL 3 LEFT C-30 21/8 In In In ~AUTO Half brake range range range OMANUAL 3 RIGHT C-30 11/4 In In In ~AUTO range range range 0MANUAL 4 LEFT BtUTO MANUAL 4 RIGHT QAUTO MANUAL 5 LEFT :=AUTO MANUAL 5 RIGHT AUTO OMANUAL TRAILER UNIT# 2 AXLE WHEEL Type (size) Measurements TOTAL Lining Lining Slack Auto/ Manual (Long Stroke) Released Travel Width Thickness Adj. NOTES ApJllied ____ ~~~---- ------- --- - - _ Length _ ------ - -- - -- - -- 1 LEFT C-30 1 1/4 In In In ~AUTO range range range 0MANUAL 1 RIGHT C-30 1 1/4 In In In ~AUTO range range range 0MANUAL 2 LEFT C-30 1114 In In In ~AUTO range range range 0MANUAL 2 RIGHT C-30 1 In In In ~AUTO range range range 0MANUAL 3 LEFT b;;)AUTO MANUAL 3 RIGHT ::AUTO MANUAL 4 LEFT AUTO MANUAL 4 RIGHT =AUTO MANUAL 5 LEFT AUTO OMANUAL 5 RIGHT QAUTO OMANUAL Revised 01/24/2005 Exhibit 1 - 038 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 38 of 50 Revised 01124/2005 Exhibit 1 - 039 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 39 of 50 2ND TRAILER UNIT# AXLE WHEEL Type (size) Measurements TOTAL Lining Lining Slack Auto/ Manual (Long Stroke} Released Travel Width Thickness Adj. NOTES Applied Le~IUh 1 LEFT B~UTO MANUAL 1 RIGHT !::)AUTO fiMANUAL 2 LEFT OAUTO MANUAL 2 RIGHT ~AUTO MANUAL 3 LEFT ~AUTO MANUAL 3 RIGHT D~UTO MANUAL 4 LEFT OAUTO MANUAL 4 RIGHT :=AUTO MANUAL 5 LEFT :=AUTO MANUAL 5 RIGHT AUTO OMANUAL 3rd TRAILER UNIT# AXLE WHEEL Type (size) Measurements TOTAL Lining Lining Slack Auto/ Manual (Long Stroke) Released Travel Width Thickness Adj. NOTES Applied Length 1 LEFT B~UTO MANUAL 1 RIGHT R~UTO MANUAL 2 LEFT OAUTO MANUAL - 2 RIGHT - !=AlliQ_ ~' -- MANUAL 3 LEFT AUTO MANUAL 3 RIGHT AUTO :=MANUAL 4 LEFT AUTO MANUAL 4 RIGHT ~AUTO MANUAL 5 LEFT ~AUTO MANUAL 5 RIGHT AUTO 0MANUAL Revised 01/24/2005 Exhibit 1 - 040 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 40 of 50 TIRE INFORMATION POWER UNIT# 1 AXLE BRAND TYPE TIRE SIZE TREAD DEPTH PSI Minimum #1 L BFGoodrich Radial In 275/80 R22.5 In range range R BFGoodrich Radial In 275/80 R22.5 In range range #2 L/0 GT669 Radial In 295175 R22.5 In range range L/1 GT669 Radial In 295175 R22.5 In range range RIO GT669 Radial In 295175 R22.5 In range range R/1 GT669 Radial In 295/75 R22.5 In range range #3 L/0 GT669 Radial In 295175 R22.5 In range range L/1 GT669 Radial In 295175 R22.5 In range range RIO GT669 Radial In 295175 R22.5 In range range R/1 GT669 Radial In 295175 R22.5 In range range #4 L/0 L/1 RIO R/1 #5 L/0 L/1 RIO R/1 Revised 01124/2005 Exhibit 1 - 041 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 41 of 50 18TTRAILER TRAILER/ UNIT# 2 AXLE BRAND TYPE TIRE SIZE TREAD PSI DEPTH Minimum #1 L/0 Firestone Radial In 295/75 R22.5 In range range L/1 Firestone Radial In 295/75 R22.5 In range range RIO Firestone Radial In 295/75 R22.5 In range range R/1 Firestone Radial In 295/75 R22.5 In range range #2 L/0 Firestone Radial In 295/75 R22.5 In range range L/1 Firestone Radial In 295/75 R22.5 In range range RIO Firestone Radial In 295/75 R22.5 In range range R/1 Firestone Radial In 295/75 R22.5 In range range #3 L/0 L/1 RIO R/1 #4 L/0 L/1 RIO .. . - - ... - R/1 #5 L/0 L/1 RIO R/1 Revised 01124/2005 Exhibit 1 - 042 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 42 of 50 2ND TRAILER TRAILER/ UNIT# AXLE BRAND TYPE TIRE SIZE TREAD PSI DEPTH Minimum #1 L/0 L/1 RIO R/1 #2 L/0 L/1 RIO R/1 #3 L/0 L/1 RIO R/1 #4 L/0 L/1 RIO R/1 #5 L/0 L/1 RIO R/1 Revised 01/24/2005 Exhibit 1 - 043 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 43 of 50 TRAILER/ UNIT# AXLE BRAND TYPE TIRE SIZE TREAD PSI DEPTH Minimum #1 L/0 L/1 RIO R/1 #2 L/0 L/1 RIO R/1 #3 L/0 L/1 RIO R/1 #4 L/0 L/1 RIO R/1 #5 L/0 L/1 RIO R/1 Revised 01/24/2005 Exhibit 1 - 044 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 44 of 50 liAfi--, I ~ '(. {NOTE: THIS PAGE IS NOT NECESSARY IF A COPY OF THE SHIPPING PAPERS IS ATTACHED) HAZARDOUS MATERIALS INSPECTION NO. _____ _ PROPER SHIPPING NAME HAZARD ID PACKING TOTAL CLASS NUMBER GROUP QUANTITY NIA NIA N/A N/A N/A NIA N/A NIA NIA NIA NIA NIA NIA N/A N/A NIA NIA N/A NIA N/A N/A N/A NIA NIA NIA NIA NIA N/A NIA NIA NIA N/A NIA N/A N/A NIA NIA NIA NIA NIA N/A NIA SHIPPER: PHONE:{ ) ADDRESS: CITY: STATE: ZIP: EMERGENCY RESPONSE PHONE#: ( ) CONSIGNEE: PHONE: ( ) ADDRESS: CITY: STATE: ZIP: Revised 01/24/2005 Exhibit 1 - 045 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 45 of 50 HAZARDOUS MATERIALS VIOLATIONS SHIPPINIG PAPERS: MARKING: LABELING: BLOCKING I BRACING: LEAKAGE: CARGO TANK/BULK PACKAGING: TYPE OF PACKAGING: N/ A PLACARDING: CORRECT PACKAGING FOR THE MATERIAL: N/A PROVISIONS: PACKAGING SPECIFICATION NUMBER: IS THE DRIVER PROPERLY TRAINED: N/ A NOTES: PROPER CDL ENDORSEMENTS: N/A NOTES: CURRENT HAZA.RDOUS WAST'EPE.BMII; NJA EXP DAIE~ IDAHO HAZMA T REGISTRATION: N/ A NUMBER: EXPDATE: FEDERAL HAZMAT REGISTRATION: N/A NUMBER: EXPDATE: OTHER: Revised 01/24/2005 Exhibit 1 - 046 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 46 of 50 STATE OF OREGON APPORTIONED REGISTRATION CAB CARD THIS VEHICLE IS PROPORTIONATELY REGISTERED AT THE WEIGHT INDICATED WITH OREGON AND ALL JURISDICTONS LISTED BELOW ATIENTION ENFORCEMENT: VERIFY THIS CREDENTIAL@ VWIIVV.OREGONTRUCKINGONL!NE.COM REGISTRANT NAME AND ADDRESS BOYKO TRANSPORTATION LLC PO BOX 2991 VANCOUVER WA 98668 GRACE PERIOD ENFORCEMENT DATE: MARCH 16, 2014 THIS CARD MUST BE CARRIED IN THE~ .~~~~~~~~~ TIMES AND DOES NOT AUTHORIZE OPERATION IN EXCESS OF LEGAL 12 LIIUJL,..a:> OPERATIONS SUBJECT TO ORS 825.450 MUST ALSO CARRY AN LICENSE PLATE ISSUED WITH THIS CARD MAY BE OREGON DEPARTMENT OF TRANSPORTATION. THE LICENSE PLATE AND CAB CARD MUST BE OB"['A:~~~f~~~r~~ NAME, VEHICLE ~ DEPARtMENT . OF TRANSll~R:"JA::m CAPITOL ST NE, SALEM, BE COMPLETED ONLINE RETURN PLATE TO REGISTRATION OR CALL •~ul·vtot;;.('l. NOTE TO MOTOR CARRIER: MOTOR CARRIER WHO: (1) HAS PRIOR TO EXPIRATION OF THIS EXPIRATION OF THIS CREDENTIAL. VEHICLE. A NEW CHANGES TO CARRIER ACT THE OREGON :~:Aif\SfU::>R1rAT10JI DIVISION, 550 TRANSACTIONS MAY CANCEL REGISTRATION, ION: ATTN VEHICLE CIVIL ACTION AGAINST ANY STRATION FOR THIS VEHICLE . PERATES THIS VEHICLE AFTER VOID IF ALTERED OR ERASED PLATE NUMBER OR ACCOUNT I FLEET NUMBER I SUP EFFECTNE DATE EXPIRATION DATE YAGW059 ~118421 LOl/JHl!! ... . " 01/01/2013 12/31/2013 VSiiO..E YEAR VB-IIa.E MAKE VEHICLE IDENTIFICATION NUMBER FUEl.. TYPE"' 2007 VOLV 4V4NC9TK97N454635 D ...ESSORNAME EQUIPMENT NUMBER VEHia.E TYPE SEATS 325 TR JUR WEIGHT JUR WEIGHT JUR WEIGHT JUR WEIGHT JUR WEIGHT JUR WEIGHT AB 036287 Al 080000 AR 080000 AZ 080000 BC 036287 CA 080000 co 080000 CT 080000 DC 080000 DE 080000 Fl 080000 GA 080000 IA 080000 ID 080000 IL 080000 IN 080000 KS 080000 KY 080000 LA 080000 HA 080000 MB 036287 MD 080000 ME 080000 MI 080000 HN 080000 HO 080000 MS 080000 MT 080000 NB 036287 NC 080000 ND 080000 NE 080000 NH 080000 NJ 080000 NL 036287 NH 080000 NS 036287 NV 080000 NY 080000 OH 080000 OK· 080000 ON 036287 OR 080000 PA 080000 PE 036287 QC 000005 RI 080000 sc 080000 SD 080000 SK 036287 TN 080000 TX 080000 UT 080000 VA 080000 VT 080000 WA 080000 WI 080000 wv 080000 WY 080000 ** ****** FORM 735-9098A (9-11) Exhibit 1 - 047 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 47 of 50 0~~ INSURANCE IDENTIFICATION CARD C~NUMSER COMP/.NY [!] COMMERCIAL D PERSONAL 11371 GREAT WEST CASUALTY INSURANCE POUCY N.UM!Ia!: EFFECTIVE DATE exi'IRA110N DATE GWP92624B 02/23113 02/23/14 YEAR MAKE/MODEL VEHICLE IDEN11FICA110N NUMBER 2-007 V.OLVO 4V4NC9TK97N454635 AGENCY/COMPANY ISSUING CARQ. RIS Insurance Services Victoria Tlshchenko POBox 1059 Anacortes, WA 98221 360-293-2135 INSUREOr L BOYKO TRANSPORTATION U.-C 41"1 SC:111THAVE FfORTLAND, OR~91216 Oregon (STATE) INSURANCE IDENTIFICATION CARD COMPANY NUMBE!R 11371 COMPANY ~ COMMERCIAL D PERSONAL GREAT WEST CASUALTY INSURANCE POLICY NUMBER GWPt21248 ~ MAKEJMODEl 2011 GREAT DA AGENCY/COMPANY ISSUING CARD RIS Insurance Services Victoria Tishchenko POBox 1059 Anacortes, WA 98221 360-293-2135 INSUREDr EFFeCTIVE DATI: 02/23/13 BOYKO TRANSPORTATION LLC 411 SE 111TH AVE PORTLAND, OR 97216 EXPIRATION DATE 02/23/14 VEHICLE IDEN11FICATION NUMBER 1 GRAA0629BW700325 I!IIMPORTAHT NoTICI ON R!VERsE SlOE Exhibit 1 - 048 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 48 of 50 IDAHO STATE POLICEIMCSAP COMMERCIAL VEHICLE SAFETY 700 S STRATFORD RD MERIDIAN, ID 83642-6202 Ql 3 Q:) .Q :r-c> 3 DRIVERNEHICLE EXAMINATION REPORT Aspen 2.14.1.1 Report Number: ID3500002891 Inspection Date: 08/31/2013 Start: 10:45:00 PM MT End: 12:45:48 AM MT Phone: (208)884-7220 Fax: (208)884-7192 Inspection Level: I - Full HM Inspection Type: None BOYKO TRANSPORTATION LLC PO BOX 16141 v State: OR PORTLAND, OR 97292 USDOT#: 01835329 MC/MX#: 665349 State#: Phone#: (503)867-7826 Fax#: CoDriver: License#: State: Location: EASTBOUND Highway: 1-84 County: ELMORE, ID VEHICLE IDENTIFICATION Date of Birth: MilePost: 125 Shipper: FOSTER FARMS Origin: WOODLAND, WA Bill of Lading: OR-1859 Destination: ENID, OK Cargo: FROZEN FOODS Unit~ Make Year State 1 TT VOL V 2007 OR 2 ST GDAN 2010 OR Plate# YAGW059 HU58333 Equipment ID 325 21 VIN GVWR CVSA # CVSA Issued# OOS Sticker 4V4NC9TK97N454635 50,350 1GRAA0629BW700325 68,000 Unit Cargo Seal Removed# 2 055569 Cargo Seal Replaced # 3357 '---------------------------------------------------' BRAKE ADJUSTMENTS Axle# 1 ~ ~ Right 1 1/8 1 1/2 1 1/4 Left 1 1 3/8 llml C-30 Chamber C-20 C-30 VIOLATIONS Vio Code Section 393.55D1 393.55(d)(1) 393.11 393.11 393.60C 393.60(c) 393.47E 393.47(e) 393.53B 393.53(b) 393.11 393.11 392.2WC 392.2 393.75A 393.75(a) 391.1182 391.11 (b)(2) ---- HazMat: No HM Transported. ls~ecial Checks: Post Crash Report Prepared By: JASON BAILEY v 1 11/4 1 1/4 C-30 Unit OOS 1 N 1 N N 1 N 1 N 2 N 2 N 2 y D y Q 1 1 1/4 C-30 Citation# Verify Crash Violations Discovered N N ABS malf clrc/signl mfg>2/97,sgl CMV mfg>2198;1amp stays on N N No or defective lighting devices or reflective material as required;insuff 1/s r/s does not extend full width of tire N N Damaged or discolored windshield;intersecting cracks approx circum 1" US above wheel N N Clamp or Roto type brake out-of-adjustment;axle 3 left side N N CMV manufactured after 10/19/94 has an automatic airbrake adjustment system that fails to compensate for wear N Y No or defective lighting devices or reflective material as r~guired;R/Srear mm-J<..§r lcsmQ mis.IDng N Y Wheel (Mud) Flaps missing or defective;R/S rear mudflap tore away from tire U Y Flat tire or fabric exposed;axle 4 RIS outside tire flat off rim N N Driver cannot read or speak the English language sufficiently to respond to official inquiries. Placard: No Cargo Tank: Badge #: Copy Received By: Page 1 of 2 1111111111111111111111111111111111 3418 VOLODYMYR BOYKO v Exhibit 1 - 049 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 49 of 50 DRIVERNEHICLE EXAMINATION REPORT Aspen 2.14.1.1 IDAHO STATE POLICE/MCSAP COMMERCIAL VEHICLE SAFETY 700 S STRATFORD RD MERIDIAN, ID 83642-6202 Phone: (208)884-7220 Fax: (208)884-7192 BOYKO TRANSPORTATION LLC PO BOX 16141 Report Number: ID3500002891 Inspection Date: 08/31/2013 Start: 10:45:00 PM MT End: 12:45:48 AM MT Inspection level: I - Full HM Inspection Type: None Driver: BOYKO VOLODYMYR V license#: Date of Birth: State: OR PORTLAND, OR 97292 USDOT#: 01835329 MC/MX#: 665349 State#: Phone#: (503)867-7826 Fax#: CoDriver: license#: State: location: EASTBOUND Highway: 1-84 County: ELMORE, ID Date of Birth: MilePost: 125 Shipper: FOSTER FARMS Origin: WOODLAND, WA Bill of lading: OR-1859 Destination: ENID, OK Cargo: FROZEN FOODS Pursuant to the authorltycontalned In I. C. 67 2901A(IDAPA 11.13.01.016 and 11.13.01.019).1 hereby notify and declare VOLODYMYR BOYKO to be "OUT OF SERVICE." No motor carrier shall permit or require this driver to operate any motor vehicle until: can read and speak English. Pursuant to the authority contained In I. C. 67 2901A (IDAPA 11.13.01.018 and 11.13.01.019), I hereby declare vehlcle(s) followed by a "Y" in the out of service column of this report "OUT OF SERVICE." No person shall remove the Out of Service Stickers applied to this/these vehlcle(s), or operate such vehlcle(s), until the out of service defects have been repaired and the vehicle(s) have been restored to safe operating conditions. NON-REGULATED/EXEMPT INTRASTATE MOTOR CARRIERS: Pursuant to authority contained In Idaho Code 49-235, this vehicle or combination of vehicles has been found to be in an unsafe condition. I hereby declare vehlcles(s) with defects followed by a ''Y'' In the Out of Service (OOS) column of this report to be parked for repairs. No person shall operate any vehicle after receiving this notice unUI the vehicle and Its equipment has been placed In proper repair or adjustment and otherwise made to conform to Idaho Code Trtie 49. I certify that the violations listed In the "OUT OF SERVICE'' section of this report have been satisfactorily completed as of the date Indicated. Failure to retum this report with the required certification can result In penalties up to $1,000 per day for each day the violation continues, up to a total of $10,000. Signature Of Repairer X: Facility: Date: _____ _ Advisory: This vehicle has been identified as having brake adjustment violations. 49CFR Section 393.53 requlras that a self-adjusting brake system be equipped on this vehicle. A qualified service technician needs to determine why the defective brake has excessive stroke and make the appropriate repairs. Simply re-adjusting a self-adjusting brake adjustor, or replacing it, does not guarantee that the problem is corrected. The problem may exist in the foundation brake system. By certifying this Inspection report you have indicated that this vehicle now has a properly functioning self-adjusting brake adjustment system. CARRIER CERTIFICATION: The undersigned certifies that all violations on this report have been corrected and action taken to ensure compliance with the Idaho Code, Motor Carrier Safety and HM Regulations, Insofar as they are applicable to motor carriers and drivers. This certification MUST BE SIGNED by the Motor Carrier and RETURNED WITHIN 15 DAYS. Failure to make all repairs listed on this notice may subject the driver to dlsqualifcation and/or fines up to $2,500.00. Employers may also be subject to fines up to $10,000.00. Signature Of Motor Carrier X: Tille: Date: Report Prepared By: JASON BAILEY Badge#: 3418 x ____________________________ __ e~ro~~~~~dB~~KO Page 2 of 2 1111111111111111111111111111111 Ill X _____________ 01835329 ID 103500002891 Exhibit 1 - 050 Case 3:16-cv-01936-PK Document 3-1 Filed 10/13/16 Page 50 of 50