Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 136

NOTICE by Forest River Inc re 129 MOTION for Protective Order Compelling Heartland to Participate in the Discovery Process [Notice of Withdrawal of Motion as Moot] (Fountain, Ryan)

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Heartland Recreational Vehicles LLC v. Forest River Inc Doc. 136 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 NOTICE OF WITHDRAWAL OF FOREST RIVER'S MOTION FOR PROTECTIVE ORDER COMPELLING HEARTLAND TO PARTICIPATE IN THE DISCOVERY PROCESS Forest River hereby informs the Court that the Rule 37 conference requested by this motion took place on November 8, 2010, starting at 3:03 pm and extending for approximately 50 minutes, between the undersigned counsel and Mr. Irmscher and Mr. Meyer (both counsel for Heartland). Although the conference was unsuccessful in resolving the discovery disputes between the parties and additional relief will need to be sought from the Court via a motion to compel and a motion for contempt, the present motion is now moot. Dated: November 15, 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 1 Dockets.Justia.com ATTORNEY FOR DEFENDANT Certificate of Service I certify that on November 15, 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: David P. Irmscher david.irmscher@bakerd.com s/Ryan M. Fountain _______________________ Ryan M. Fountain ATTORNEY FOR DEFENDANT 2 INDEX TO EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M Exhibit N Exhibit O Exhibit P Meyer letters of June 7 and June 18, 2010 Irmscher letter of September 1, 2010 Heartland's Response to Forest River's Fifth Production Request Heartland's Response to Forest River's Sixth Production Request Forest River's Notice for deposition of Heartland Fountain email of Sept. 28, 2010 to Heartland's counsel Email correspondence of October 1 - 4, 2010 Lauber Memo Fountain memo to Irmscher re discovery issues Fountain Email of October 14, 2010 to Heartland's counsel Email exchange of October 18, 2010 Fountain email of September 16, 2010 Fountain email of September 24, 2010 re Thor Sale Excerpt of Donat Deposition - Proffered Fountain email of September 24, 2010 re Donat Transcript Fountain Email of October 14, 2010 to Heartland's counsel (Ex. J w/ diff. emp.) 3