Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 149

MOTION for Protective Order [Motion for Enforcement of Scheduling Order and for Protective Order to Prevent Enforcement of Heartland's Post-Discovery Subpoena to RV Daily Report] by Counter Claimant Forest River Inc. (Attachments: # 1 Affidavit Certificate under Rule 26(c)(1) and L.R. 37.1, # 2 Exhibit Ex. A - Oct 15 RV Daily Report article and blog, # 3 Exhibit Ex. B - Oct 19 RV Daily Report article and blog, # 4 Exhibit Ex. C - Subpoena, # 5 Exhibit Ex. D - Dec. 10 RV Daily Report article and blog, # 6 Exhibit Ex. E - Dec 13 RV Daily Report article and blog, # 7 Exhibit Ex. F - USPTO Decision, # 8 Exhibit Ex. G - RV Daily Report email, # 9 Exhibit Ex. H - RV Daily Report Notice of Objections)(Fountain, Ryan)

Heartland Recreational Vehicles LLC v. Forest River Inc

Doc. 149 Att. 1

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

CERTIFICATE UNDER FED. R. CIV. P. 26(c)(1) AND L. R. 37.1 IN SUPPORT OF FOREST RIVER'S MOTION FOR ENFORCEMENT OF SCHEDULING ORDER AND FOR PROTECTIVE ORDER TO PREVENT ENFORCEMENT OF HEARTLAND'S POST-DISCOVERY SUBPOENA TO RV DAILY REPORT

I certify that on various occasions, I made good faith efforts to resolve the discovery disputes of the subject motion without the need for Court action. For example, on December 14, 2010 commencing at 10:07 am and extending until 10:23 am, I engaged in a telephone conference with Peter Meyer, Heartland's counsel, in an attempt to resolve these disputes. On December 15, starting at 9:27 am, and on December 16, starting at 9:42 am, I had follow up telephone calls with Mr. Meyer for the same purpose. Each counsel was present in their respective offices on each occasion.

Dated: December 27, 2010

Respectfully submitted, s/Ryan M. Fountain ___________________________ Ryan M. Fountain (8544-71) [e-mail] 420 Lincoln Way West 1

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Mishawaka, Indiana 46544 Telephone: [phone] Telecopy: [phone] ATTORNEY FOR FOREST RIVER, INC.

Certificate of Service I certify that on December 27, 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 FOREST RIVER, INC.

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