Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 101

MOTION for Leave to File Surreply in Opposition to Forest River's Motion to Compel Document Production by Plaintiff Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A)(Irmscher, David)

case 3:08-cv-00490-TLS-CAN document 101

filed 03/12/10 page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION HEARTLAND RECREATIONAL VEHICLES, LLC Plaintiff, vs. FOREST RIVER, INC. Defendant. ) ) ) ) ) ) ) ) ) )

Case No. 3:08-CV-490 RLM CAN

MOTION FOR LEAVE TO FILE SURREPLY IN OPPOSITION TO FOREST RIVER'S MOTION TO COMPEL DOCUMENT PRODUCTION On February 18, 2010, Heartland Recreational Vehicles, LLC ("Heartland") and Baker & Daniels LLP ("Baker & Daniels") filed their Joint Response to Forest River's Motion to Compel Document Production (the "Response"). (See DE 93.) Among other things, Forest River's motion seeks production of any billing records related to a "Search Report" resulting from a professional prior art search. In the Response, Heartland stated that it was in the process of searching its financial records for a bill for a professional prior art search related to the patent in suit. Heartland has now completed that search and respectfully moves the Court to allow Heartland to file a very brief surreply conveying the results of that search. Heartland's Surreply in Opposition to Forest River's Motion to Compel Production from Heartland and Baker & Daniels is attached as Exhibit A. Heartland respectfully requests that if the Court grants this motion, that it ask the Clerk to show the Surreply at Exhibit A as filed.

BDDB01 6062042V1

case 3:08-cv-00490-TLS-CAN document 101

filed 03/12/10 page 2 of 2

BAKER & DANIELS LLP

By:

/s/ David P. Irmscher David P. Irmscher (#15026-02) Abigail M. Butler (#22295-02) Peter A. Meyer (#27968-53) 111 East Wayne, Suite 800 Fort Wayne, Indiana 46802 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail]

ATTORNEYS FOR PLAINTIFF, HEARTLAND RECREATIONAL VEHICLES, LLC CERTIFICATE OF SERVICE The undersigned counsel for plaintiff, Heartland Recreational Vehicles, LLC, hereby certifies that a copy of the foregoing was served upon the following, this 12th day of March, 2010 by operation of the Court's ECF System. Ryan M. Fountain 420 Lincoln Way West Mishawaka, Indiana 46544-1902

/s/ David P. Irmscher David P. Irmscher

BDDB01 6062042V1