Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 35

Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Dismiss Forest River, Inc.'s Criminal Deception Counterclaim by Counter Claimant Forest River Inc. (Fountain, Ryan)

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Heartland Recreational Vehicles LLC v. Forest River Inc Doc. 35 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 UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO HEARTLAND'S MOTION TO DISMISS FOREST RIVER, INC.'S CRIMINAL DECEPTION COUNTERCLAIM Forest River, Inc., requests a two week extension of time in which to respond to Heartland's "Motion to Dismiss Forest River, Inc.'s Criminal Deception Counterclaim," docket #33 in this case. That motion was filed and served on February 23, 2009, and a response would be due on March13, 2009. With this extension of time, the response would be due on March 27, 2009. The reason for the request is that since prior to February 17, 2009, the undersigned counsel for Forest River has been in attendance at the jury trial case of Trealoff, et al., v. Forest River, Inc., et al., Civil Action #SCVSS96372 before the Superior Court of California, County of San Bernadino. This trial is still in progress in San Bernadino, California, although closing arguments are expected to be completed by March 25, 2009. The undersigned counsel contacted David Irmscher, Heartland's counsel, on March 11, 2009, at 3:20 p.m., and Mr. Irmscher stated he had no objection to this extension of time. A proposed form of Order has been sent to chambers herewith. 1 Dockets.Justia.com Dated: March 13, 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 Attorney for Defendant Forest River, Inc. Certificate of Service I certify that on March 13, 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