Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 129

MOTION for Protective Order Compelling Heartland to Participate in the Discovery Process by Counter Claimant Forest River Inc. (Attachments: # 1 Affidavit Rule 26(c)(1) and L.R. 37.1 Certificate, # 2 Exhibit A - Corresp., # 3 Exhibit B - Corresp., # 4 Exhibit C - Resp. to Doc. Pro, # 5 Exhibit D - Resp. to Doc. Pro., # 6 Exhibit E - Not. of Dep., # 7 Exhibit F - Email, # 8 Exhibit G - Email, # 9 Exhibit H - Expert Memo, # 10 Exhibit I - Discovery Issues Summary Memo, # 11 Exhibit J - Email, # 12 Exhibit K - Email, # 13 Exhibit L - Email, # 14 Exhibit M - Email, # 15 Exhibit O - Email, # 16 Exhibit P - Email)(Fountain, Ryan)

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Heartland Recreational Vehicles LLC v. Forest River Inc Doc. 129 Att. 14 Ryan Fountain From: Ryan Fountain <RyanFountain@aol.com> Friday, September 24, 2010 9:50 PM David.Irmscher@bakerd.com; James.brotherson@bakerd.com Forest River v. Heartland Sent: To: Subject: Dave, Further to my email of last week and our telephone discussion of Friday, I have seen no publicly available information in print this week describing the nature of the transaction between Thor and Heartland. Given the testimony today about Heartland's track record of fiscal irresponsibility in the face of the recent economic downturn, Forest River's concerns about losing access to the documents requested in discovery and about Heartland dissipating its assets to the shareholders to avoid economic responsibility for the claims made against it remain strong. Accordingly, apart from any unfair trade practices/anti-trust concerns that may be expressed by other counsel for Forest River, I ask that you answer the following questions immediately with respect to the Thor-Heartland transaction announced last week: 1. 2. 3. 4. 5. Did or is it planned that Thor (or any entity related to it) purchase any of the assets of Heartland? If the answer to #1 is yes, which assets were purchased? Did Thor or is it planned that Thor (or any entity related to it) purchase any ownership interest in Heartland? Hasor is it planned that title to or possession of any of the items Forest River requested from Heartland in discovery change from Heartland? Will Heartland, the party in these lawsuits, remain in existence for at least the next year and retain assets sufficient to cover the claims made against it by Forest River? what action Forest River will Heartland's answers to these questions or refusal to answer will be used to determine take to maintain the status quo in the viability of these lawsuits. Ryan 1 Dockets.Justia.com

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