Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 145

MOTION to Compel Deposition of Heartland on Gain from Use of Master List by Counter Claimant Forest River Inc. (Attachments: # 1 Exhibit A - Notice of Deposition, # 2 Exhibit B - Excerpts of Donat deposition transcript, # 3 Exhibit D - Fountain corresp., # 4 Affidavit Cert under R37 and LR 37.1)(Fountain, Ryan)

Heartland Recreational Vehicles LLC v. Forest River Inc

Doc. 145 Att. 2

Exhibit B - Excerpts from Dennis Donat testimony at deposition of September 24, 2010. Page 4 14 DENNIS DONAT 15 called as a witness by the Defendant, having first been 16 duly sworn, was examined and testified as follows: 17 MR. IRMSCHER: We're here today with Mr. Dennis 18 Donat. He is the financial representative of the 19 company. He will be able to provide testimony, I 20 believe, in all seven of the categories that are 21 included in the notice that I believe was originally 22 scheduled for deposition August 2nd, 2010. If there 23 is something he can't provide, we'd like to reserve 24 the right to supplement; but we think he can meet all 25 these categories at this point and he is prepared to
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1 do so. 2 MR. FOUNTAIN: Okay.

Page 201 Q. As a result -- let's step back for a second. Do you know 6 that in the fall of 2008 Heartland obtained from Forest 7 River a list of dealers that Forest River had invited to 8 its private trade show, right? 9 A. I understand that. 10 Q. Okay. When did Heartland get that list? 11 A. I have no knowledge. 12 Q. Did you ever try to find out? 13 A. No. 14 Q. What did Heartland use that list for? 15 A. I don't have specific knowledge. 16 Q. What general knowledge do you have? 17 A. Only what counsel has told me. 18 Q. And what is that? 19 A. Allegedly it was used to contact Forest River dealers. 20 Q. Anything else? 21 A. Not to my knowledge. 22 Q. As a result of contacting Forest River dealers, did 23 Heartland obtain any particular gain? 24 MR. IRMSCHER: Objection, lack of foundation. 25 Q. I'm sorry. As a result of Heartland contacting Forest Page 202 1 River dealers using that dealer list, did Heartland gain 2 anything? 3 A. Not to my knowledge.

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4 Q. Did you do anything to try to find out? 5 A. No. 6 Q. Did Heartland obtain any additional sales of products by 7 using the list of Forest River dealers who were planning 8 to attend the private Forest River dealer show? 9 A. Not to my knowledge. 10 Q. Did you do anything to try to find out? 11 A. No. 12 Q. Item two on the notice of deposition says that you are 13 here to talk about Heartland sales of products as a result 14 of obtaining the list of Forest River dealers who were 15 planning to attend the private Forest River trade show. 16 Are you the person who is supposed to be testifying about 17 that? 18 MR. IRMSCHER: I'm not aware of any sales we got 19 as a result of obtaining the list. He's here to talk 20 about all the sales that are on the spreadsheet and 21 all the profits associated with that. 22 MR. FOUNTAIN: Do you have a witness who will 23 talk about category 2? 24 MR. IRMSCHER: I'm not aware of any sales that 25 are in that category. You've never told us what Page 203 1 sales are in that category. 2 BY MR. FOUNTAIN: 3 Q. On the dates of Forest River's trade show, according to 4 e-mails we received from Heartland, 18 dealers, 5 thereabouts, also showed up at Heartland's place of 6 business. Did you know that? 7 A. No. 8 Q. You never saw that e-mail? 9 A. Not that I recall. 10 Q. Do you know how many sales Heartland got as a result of 11 anything that happened on October 22nd and 23rd? 12 A. No. 13 Q. Have you done anything to try to find out? 14 A. No.