Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 21

MOTION to Amend/Correct 6 Answer to Complaint,, Counterclaim, by Defendant Forest River Inc. (Attachments: # 1 Supplement Amended Answer, Defenses and Counterclaims, # 2 Exhibit Ex A to Amended Answer, # 3 Exhibit Ex. B to Amended Answer, # 4 Exhibit Ex. C to Amended Answer, # 5 Exhibit Ex D to Amended Answer, # 6 Exhibit Ex. E to Amended Answer, # 7 Exhibit Ex. F to Amended Answer, # 8 Exhibit Ex. G to Amended Answer, # 9 Exhibit Ex. H to Amended Answer, # 10 Exhibit Ex. I to Amended Answer, # 11 Exhibit Ex. J to Amended Answer)(Fountain, Ryan)

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Heartland Recreational Vehicles LLC v. Forest River Inc Doc. 21 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 AS- CAN ) ) ) JURY DEMAND FOREST RIVER'S MOTION TO AMEND PLEADING Forest River, Inc., requests permission to amend its "Answer, Defenses, and Counterclaims" in the manner of the attached "Amended Answer, Defenses, and Counterclaims." Fed. R. Civ. P 15(a)(1)(A) permits a party to "amend its pleading once as a matter of course" before being served with a responsive pleading. There has been no responsive pleading served by Heartland. Instead, Heartland filed a motion to dismiss one of the Counterclaims under Fed. R. Civ. P. 12. Hopefully, this amended pleading will make that motion moot. A proposed form of Order has been sent to chambers herewith. Dated: January 12, 2009 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 Forest River, Inc. Certificate of Service I certify that on January 12, 2009, 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 Abigail M. Butler david.irmscher@bakerd.com abidgail.bulter@bakerd.com s/Ryan M. Fountain _______________________ Ryan M. Fountain Attorney for Defendant Forest River, Inc. 2