Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 127

REPLY to Response to Motion re 125 MOTION for Extension of Time to File Expert Report on Financial Issues and Amendment to Motion filed by Forest River Inc. (Attachments: # 1 Exhibit A - Declaration of Expert, # 2 Exhibit A - signature page, # 3 Exhibit A - attachment to Declaration, # 4 Exhibit B - Forest River 5th Prod. Req. and Resp., # 5 Exhibit C - Forest River 6th Prod. Req. and Resp., # 6 Exhibit D - Memo re Discovery Issues, # 7 Exhibit E - Forest River Notice of Dep., # 8 Exhibit F - counsel email, # 9 Exhibit G- counsel corresp., # 10 Exhibit H - counsel corresp.)(Fountain, Ryan)

Heartland Recreational Vehicles LLC v. Forest River Inc

Doc. 127 Att. 5

UNITED STATES DISTRICT COURT Northern District ofIndiana South Bend Division

HEARTLAND RECREATIONAL VEHICLES, LLC, Plaintiff,

v. FOREST RIVER, INC., Defendant.

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CASE NO.: 3:08-cv-490 RLM-CAN

HEARTLAND'S RESPONSES TO FOREST RIVER'S SIXTH REQUESTS FOR PRODUCTION Heartland Recreational Vehicles, LLC ("Heartland"), pursuant to Rule 34 of the Federal Rules of Civil Procedure, hereby responds to Forest River, Inc.'s ("Forest River") Sixth Requests for Production to Heartland as follows: GENERAL OBJECTIONS 1. Heartland objects to these requests to the extent that they call for the production of

documents that contain confidential, proprietary information or trade secrets. Heartland will provide such documents, if relevant, subject to the entry of an appropriate protective order. 2. Heartland objects to these requests to the extent that they call for the production of

information and documents protected from disclosure by the attorney work product doctrine, the attorney-client privilege and any other applicable doctrines or privileges. 3. Heartland objects to these requests to the extent that they are not restricted as to

time, and/or are not limited to the conditions or circumstances substantially similar to those which are the subject ofthis action. Such requests are overly broad, unduly burdensome, and seek
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documents that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 4. Heartland objects to these requests, instructions, and definitions to the extent that

they seek to impose upon Heartland obligations beyond those required by the Local Rules and the Federal Rules of Civil Procedure. 5. These general objections apply to and are deemed incorporated into each and every

response below to Forest River's Requests for Production. RESPONSES REQUEST TO SPECIFIC REQUESTS

NO. 47: Except to the extent previously produced in this form, the Cost of Goods

Sold Statement for RV trailers sold between August 1,2008 and February 1,2009 (or, if that was not prepared by Heartland in the normal course of business, all of those regularly kept business records from which that Cost of Goods Sold Statement can be accurately and completely derived according to normal accounting practices), including the specific details of material costs, overhead costs, and labor for the actual trailers sold between those dates. RESPONSE: Heartland objects to this request because it is overly broad, unduly burdensome,

and not reasonably calculated to lead to the discovery of admissible, relevant evidence. Heartland also objects to this request to the extent that it is unreasonably cumulative and duplicative of discovery Forest River has already obtained in this matter.

REQUEST

NO. 48: The monthly Profit and Loss Statements for Heartland's RV business

between August 1,2008 and February 1,2009 (or, if those were not prepared by Heartland in the normal course of business, all of those regularly kept business records from which those statements can be accurately and completely derived). RESPONSE:
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Heartland objects to this request because it is overly broad, unduly burdensome, and

not reasonably calculated to lead to the discovery of admissible, relevant evidence. Heartland also objects to this request to the extent that it is unreasonably cumulative and duplicative of discovery Forest River has already obtained in this matter.

REQUEST NO. 49: Documents sufficient to show the terms and conditions of Heartland's line of credit for business operations and Heartland's financing obligations with respect to dealer floor planning between August 1,2008 and February 1,2009, including all reporting forms provided to any lenders. RESPONSE: Heartland objects to this request because it is overly broad, unduly burdensome, and

not reasonably calculated to lead to the discovery of admissible, relevant evidence.

REQUEST NO. 50: The monthly or periodic Interim Cash Flow Statements for Heartland's RV business between August 1,2008 and February 1,2009, (or, if those were not prepared by Heartland in the normal course of business, all of those regularly kept business records from which those statements can be accurately and completely derived). RESPONSE: Heartland objects to this request because it is overly broad, unduly burdensome, and

not reasonably calculated to lead to the discovery of admissible, relevant evidence. Heartland also objects to this request to the extent that it is unreasonably cumulative and duplicative of discovery Forest River has already obtained in this matter.

REQUEST NO. 51: The Balance Sheets for Heartland's RV business as of August 1,2008, October 1,2008, and as of February 1,2009 (or, if those were not prepared by Heartland in the normal course of business, all of those regularly kept business records from which those balance sheets can be accurately and completely derived).
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RESPONSE:

Heartland objects to this request because it is overly broad, unduly burdensome, and

not reasonably calculated to lead to the discovery of admissible, relevant evidence. Heartland also objects to this request to the extent that it is unreasonably cumulative and duplicative of discovery Forest River has already obtained in this matter.

BAKER & DANIELS LLP

By: avid P. Irmscher (#1 26-02) 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] abigail. [e-mail] ATTORNEYS FOR PLAINTIFF, HEARTLAND RECREATIONAL VEHICLES, LLC

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CERTIFICATE OF SERVICE The undersigned counsel for plaintiff Heartland Recreational Vehicles, LLC, hereby certifies that a copy of the foregoing HEARTLAND'S RESPONSES TO FOREST RIVER'S SIXTH REQUESTS FOR PRODUCTION was served on the 22nd day of September, 2010, via U.S. Mail. Ryan M. Fountain 420 Lincoln Way West Mishawaka, Indiana 46544-1902 ATTORNEY FOR DEFENDANT FOREST RIVER, INe.

BAKER & DANIELS LLP

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