Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 134

MOTION for Partial Summary Judgment Against Heartland for Unfair Competition by Counter Claimant Forest River Inc. (Attachments: # 1 Supplement Memorandum in Support, # 2 Appendix Statement of Material Facts, # 3 Exhibit A - Hoffman dep. tr., # 4 Exhibit B - Lung decl., # 5 Exhibit C - Creech email, # 6 Exhibit G - Stuffing email, # 7 Exhibit H - Hotel Clerk dep. tr., # 8 Exhibit I - B. Brady email, # 9 Exhibit J - B. Brady dep. tr., # 10 Exhibit K - Donat dep. tr., # 11 Exhibit L - Leonard dep. tr.)(Fountain, Ryan) See 135 for sealed exhibits. Modified on 11/3/2010 (jld).

Heartland Recreational Vehicles LLC v. Forest River Inc Doc. 134 UNITED STATES DISTRICT COURT Northern District of Indiana South Bend Division HEARTLAND RECREATIONAL VEHICLES, LLC, Plaintiff, v. FOREST RIVER, INC., Defendant. ) ) ) ) CASE NO.:3:08-cv-490 ) ) ) JURY DEMAND FOREST RIVER'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST HEARTLAND FOR UNFAIR COMPETITION Pursuant to Fed. R. Civ. P. 56, Forest River, Inc., requests this Court enter summary judgment against Heartland Recreational Vehicles, LLC for unfair competition in violation of Indiana law. This claim is based upon Heartland's acts of deception in connection with obtaining and using Forest River's list of dealers attending the private trade show on October 22-23, 2008. By this motion, liability of Heartland would be established, leaving the issues of the amount of damages to be paid to Forest River and/or unjust enrichment to be removed from Heartland as well as any injunctive relief for further adjudication by the Court. Also, it is believed that granting this motion would moot the Lanham Act and criminal deception claims made in this case, since those are of the nature of "lesser included offenses" with respect to the unfair competition violation. To a degree, granting this motion and the subsequent award of damages would moot a portion of the damage recovery sought by the Exceptional Case counterclaim in this case, since that claim is in the nature of an Abuse of Process charge and the 1 Dockets.Justia.com damage recovery would be partially covered by the damage award possible under unfair competition laws. Accordingly, this motion is submitted in furtherance of complete resolution of this case and to at least identify for trial which facts are established as a matter of law since they are not genuinely in dispute. A Memorandum in support of this motion and a Statement of Material Facts are attached hereto. Dated: November 2, 2010 Respectfully submitted, s/Ryan M. Fountain ___________________________ Ryan M. Fountain (#8544-71) RyanFountain@aol.com 420 Lincoln Way West Mishawaka, Indiana 46544 Telephone: (574) 258-9296 Telecopy: (574) 256-5137 Attorney for Forest River, Inc. Certificate of Service I certify that on November 2, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF system, which sent notification of such filing to all of the parties through at least the following counsel of record for Defendant: David P. Irmscher david.irmscher@bakerd.com s/Ryan M. Fountain _______________________ Ryan M. Fountain Attorney for Forest River, Inc. 2