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)

Heartland Recreational Vehicles LLC v. Forest River Inc

Doc. 129 Att. 2

BAKERf~DANIELS
EST. 1863

PETER A. MEYER Direct 260.460.1758 Fax [phone] [e-mail]

BAKER & DANIELS LLP 111 East Wayne Street. Suite 800 Fort Wayne. Indiana 46802 Tel [phone] Fax [phone] www.bakerdaniels.com

June 7, 2010

VIA UPS GROUND Ryan M. Fountain Attorney 420 Lincoln Way W Mishawaka, IN 46544 Re: Forest River. Inc. vs. Heartland Recreational Vehicles. LLC U.S. District Court, Northern District ofIndiana, case No. 3:08-cv-490

Dear Ryan: In accordance with the Court's Order on Forest River's Second Motion to Compel (DE #112), please find the first group of documents the Court has required Heartland to produce. These documents include the following: (1) Bates Numbers HR-F 0001284 - HR-F 0001534: email communications, both internal and external, that reference or relate to Heartland's advertisements at issue in this case or the purported increase in sales resulting from Heartland's alleged actions; Bates Numbers HR-F 0001535 - HR-F 0004418: all order confirmations and invoices maintained by Heartland for every order placed between August 22, 2008 and December 2,2008; and Bates Numbers HR-F 0004419 - HR-F 0005113: all order confirmations and invoices maintained by Heartland for every order placed between August 22, 2008 and December 2,2008 from a dealer who is on Heartland's copy of the Forest River dealer list. Heartland has separately isolated these documents for your convenience. However, Heartland maintains that none of these orders were caused by Heartland's allegedly unlawful conduct.

(2)

(3)

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Dockets.Justia.com

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Ryan M. Fountain

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June 7, 2010

Please note that all invoices and order confirmations, as well as most of the emails, have been designated "Confidential- Attorney's Eyes Only" in connection with the protective order entered in this case. In the coming days, Heartland will produce the remainder of the materials required by the Court's Order. If you have any questions or concerns about Heartland's production of the enclosed documents, please do not hesitate to contact me. V ery truly yours, BAKER & DANIELS LLP

Peter A. Meyer PAM:mj Enclosures cc: David Irmscher

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BAKER t~DANI ELS
EST. 1863 PETER A. MEYER Associate Direct 260.460.1758 Fax [phone] [e-mail] BAKER & DANIELS LLP 111 East Wayne Street, Suite 800 Fort Wayne, Indiana 46802 TeI260.424.8000 Fax [phone] www.bakerdaniels.com

June 18,2010

Ryan M. Fountain Attorney 420 Lincoln Way W Mishawaka, IN 46544 Re: Forest River, Inc. VS. Heartland Recreational Vehicles. LLe U.S. District Court, Northern District ofIndiana, case No. 3:08-cv-490

Dear Ryan: Please find enclosed a compact disc containing the remainder of the production required by the Court's Order on Forest River, Inc.'s ("Forest River") Second Motion to Compel. The disc contains financial information related to all orders placed with Heartland Recreational Vehicles, LLC ("Heartland") from August 22,2008 through December 3, 2008, including information regarding the costs expended by Heartland in producing and selling the recreational vehicles connected to those orders. Heartland maintains this information in electronic database form. All database fields used in Heartland's business on a daily basis have been included in the Microsoft Excel file contained on the compact disc. The document is password-protected. When you open the document, you will be prompted to provide the password. The password is "bd*2416." The document is also "readonly," which prevents the file from being edited or modified. Please note that the disc has been labeled "Confidential- Attorneys Eyes Only" in accordance with the protective order entered in this case. The secrecy of the comprehensive financial information contained in the Excel file is exceedingly crucial to Heartland's competitive interests. Should Heartland receive any indication that this information has been disseminated to anyone other than you or other authorized individuals, it will vigorously investigate and pursue any and all appropriate legal action against anyone involved in such unauthorized dissemination.

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Ryan M. Fountain

-2-

June 18, 2010

Should you have any questions regarding the disc or the Excel file, please do not hesitate to ask. Very truly yours, BAKER & DANIELS LLP

Peter A. Meyer PAM:mj Enclosure cc: David Irmscher

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