Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 134

MOTION for Partial Summary Judgment Against Heartland for Unfair Competition by Counter Claimant Forest River Inc. (Attachments: # 1 Supplement Memorandum in Support, # 2 Appendix Statement of Material Facts, # 3 Exhibit A - Hoffman dep. tr., # 4 Exhibit B - Lung decl., # 5 Exhibit C - Creech email, # 6 Exhibit G - Stuffing email, # 7 Exhibit H - Hotel Clerk dep. tr., # 8 Exhibit I - B. Brady email, # 9 Exhibit J - B. Brady dep. tr., # 10 Exhibit K - Donat dep. tr., # 11 Exhibit L - Leonard dep. tr.)(Fountain, Ryan) See 135 for sealed exhibits. Modified on 11/3/2010 (jld).

Heartland Recreational Vehicles LLC v. Forest River Inc

Doc. 134 Att. 9

EXHIBIT G Brady EXCERPT OF BRIAN BRADY DEPOSITION TRANSCRIPT - JUNE 15, 2009

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206 And you say, "And, we wrote a unexpected number of orders." How many orders did you write? A Six. Maybe ten. Q So, there were actual documents, Purchase-Orders created. Right? A I didn't say that. Q Well, if you write "orders" how do you it if you're not writing it out to them? A Well, again, that's the length of time that we use at Heartland. If a dealer orders two units we call it -- if a -let's say with the Eagle Ridge, for example. If a dealer, an existing Heartland dealer, said, "I'll take two Eagle Ridges." We sign that dealer, and wrote two orders. Q Okay. And, that shows up in the Daily Sales Log, doesn't it? Q 207 A It would eventually show up in the Daily Sales Log when the Purchase-Orders were actually written. And, those orders could have been written at that time. Or they may have been written -- or the Sales Order may have been written that day. It may have been a week later. Q Okay. A It may have been -- it may have been a month later at the Louisville Show. Q Okay. Well, at the time you wrote this letter, the October 28, what were the total number of trailers, 5th-wheel or travel-trailers -A Right.

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16 Q (Continuing) -- that you were referring to by this 17 "unexpected number of orders"? 18 A I don't recall the number. 19 It wasn't a large number. 20 But, it was unexpected in the sense that, again, 21 let's go back and look at that time of year. 22 One: You were may be a month away from the 23 Louisville Show. 24 So, typically in any year, dealers aren't buying a 25 lot of product prior to the Louisville Show. 208 Second of all: You had an economic melt-down. Maybe the worst economic crisis in the United States since the Great Depression. So, to be honest with you: We didn't expect to write anything. We expected to show some products. Maybe attract a dealer's interest to come back at the Louisville Show. So, for a dealer to -- for us to write six, eight, ten orders, that would have been "pleasantly surprising and unexpected." Because we didn't expect to write anybody. Q So, the unexpected number of orders would be on the nature of ten or so? A Maybe. Q Would it be larger? A No. Q If you wanted to know for sure, how would you find out? A I would ask Tim Hoffman to go back and try to research that, the records. Q Which records would he have to look at? A Whatever Sales-records they keep. I'm not quite sure how they log those orders. And, keep in mind, as I've indicated: Those -and we say "write an order" that could have been a 209 commitment if a dealer says, "I'm going to take two." That's fine. Those orders may, again, have been written at that time, may have been written ten days later.

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