Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 137

Consent MOTION to Withdraw 129 MOTION for Protective Order Compelling Heartland to Participate in the Discovery Process, 136 Notice (Other) [of Withdrawal] by Counter Claimant Forest River Inc. (Fountain, Ryan)

Heartland Recreational Vehicles LLC v. Forest River Inc

Doc. 137

UNITED STATES DISTRICT COURT
Northern District of Indiana South Bend Division HEARTLAND RECREATIONAL VEHICLES, LLC, Plaintiff, v. FOREST RIVER, INC., Defendant. ) ) ) ) CASE NO.:3:08-cv-490 ) ) ) JURY DEMAND

UNOPPOSED MOTION TO WITHDRAW FOREST RIVER'S MOTION FOR PROTECTIVE ORDER COMPELLING HEARTLAND TO PARTICIPATE IN THE DISCOVERY PROCESS (DE#129)

Forest River hereby informs the Court that the Rule 37 conference requested by the prior motion for protective order (DE#129) took place on November 8, 2010, starting at 3:03 pm and extending for approximately 50 minutes, between the undersigned counsel and Mr. Irmscher and Mr. Meyer (both counsel for Heartland). Although the conference was unsuccessful in resolving the discovery disputes between the parties and Forest River will seek additional relief from the Court via a motion to compel and a motion for contempt, the motion for protective order is now moot. Heartland's counsel, Peter Meyer, has informed the undersigned that Heartland does not oppose this motion to withdraw. A proposed form of order is forwarded to chambers concurrently herewith.

Dated: November 17, 2010

Respectfully submitted, s/Ryan M. Fountain ___________________________ 1

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Ryan M. Fountain (8544-71) [e-mail] 420 Lincoln Way West Mishawaka, Indiana 46544 Telephone: [phone] Telecopy: [phone]

ATTORNEY FOR DEFENDANT Certificate of Service I certify that on November 17, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF system, which sent notification of such filing to all of the parties through at least the following counsel of record: David P. Irmscher [e-mail]

s/Ryan M. Fountain _______________________ Ryan M. Fountain ATTORNEY FOR DEFENDANT

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