Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 172

REPLY to Response to Motion re 169 MOTION for Review of Magistrate Judge Decision by a District Judge re 164 Order on Motion to Compel, 134 MOTION for Partial Summary Judgment Against Heartland for Unfair Competition, 130 MOTION for Summary Judgment, 146 Notice (Other) MOTION for Review of Magistrate Judge Decision by a District Judge. (Attachments: # 1 Exhibit Ex. A. - Todd A. Mowers Declaration, # 2 Exhibit Ex. B - Sept 28, 2010 Email)(Fountain, Ryan) Modified text on 3/8/2011 (kds).

Heartland Recreational Vehicles LLC v. Forest River Inc

Doc. 172 Att. 1

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 AS- CAN )
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JURy DEMAND

DECLARATION OF TODD A. MOWERS I, Todd A. Mowers, hereby declare under penalties of perjury under the laws ofthe State of Indiana, that: 1. I am an adult and am competent to the testify as to the matters herein based upon my personal knowledge and upon information and belief. 2. I am the General Manager of SpringHill Suites at 5225 Edison Lakes Parkway, Mishawka, Indiana. I was on duty at the front desk on October 22, 2008 during the time ofthe so-called "Hotel Action" of this lawsuit. 3. I have read the Affidavit of Bryan Walczak dated October 30, 2009. While I do not now recall specifically and exactly all of the events of that day, October 22, 2008, I do not believe the statements made in Paragraphs 9 through 16 are true and correct because it is now and was then my understanding that the hotel's policy is not to allow non-guests to have access to the guest rooms and areas of the hotel or to give out a guest's room number to a non-guest unless they had special authorization or invitation by the guest to do so. Since there was a Forest River event going on at

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the Hotel at that time, if Mr. Walczak did get the guest room numbers from me and personally slide the envelopes under the guests' doors, I would only have allowed him to do that ifhe had indicated to me that he was authorized by Forest River to do so.

Date:

/5 -/0

~

ToddLA. Mowers

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case 3:08-cv-00490- TLS-CAN

document 81-13

filed 12/21/2009

page 13 of 38

UNITED STATES DISTRICT COURT Northern District of Indiana South Bend Division

HEARTLAND RECREATIONAL VEHICLES, LLC, Plaintiff,

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v. FOREST RIVER, INC., Defendant.

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CASE NO.: 3:08-cv-490 TLS-CAN

AFFIDA VIT OF BRYAN WALCZAK I, Bryan Walczak, upon my oath, declare and state as follows: 1. I am over eighteen years of age and have personal knowledge of the factual
I am competent to testify on the matters stated herein.

matters set forth in this affidavit. 2.

At all times relevant to this action, I have been employed by Heartland

Recreational Vehicles, LLC ("Heartland"). 3. On or about October 22 and 23, 2008, Forest River, Inc. ("Forest River") held a

Recreational Vehicle ("RV") trade show in Elkhart, IN. 4. Prior to Forest River's trade show, Heartland had a list ofRV dealers planning to

attend the show. That list included information indicating the hotel at which each dealer was staying. 5. On the evening of October 22.2008, several Heartland employees, including Neither the

myself. prepared envelopes with materials promoting Heartland's R V products.

envelopes nor their contents contained any information indicating that they were from Forest

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case 3:08-cv-00490- TLS-CAN

document 81-13

filed 12/21/2009

page 14 of 38

River. The envelopes the contents contained 6.

were clearly marked with a large Heartland information promoting Heartland products.

logo in the upper comer, and

None of the materials

included in the envelopes

contained

false or misleading

statements or information.

7.

On or about October 22, 2008, Eric Esch and I went to the hotels at which RV went to the Springhill

dealers were staying during the Forest River trade show. Ipersonally Suites, Courtyard, Varsity Club, and the Hyatt.

8. 9.
containing

At the time I went to the hotels, I was wearing my North Trail logoed jacket. At each hotel I went to, I asked the hotel employees Heartland promotional materials. to distribute the envelopes

At the Springhill Suites, Courtyard, and Hyatt, the

employees gave me the room numbers and I slid the envelopes under the door of those rooms. The Varsity Club agreed to distribute the envelopes and I left them at the front desk.

10.
Forest River,

When

r was

at the hotels, I did not say or do anything to indicate that I was from

II.

When I was at the hotels, I did not say or do anything to indicate that the

envelopes were from Forest River.

12.

When I was at the hotels, I did not say or do anything to indicate that the right away because they were needed for a dealer meeting the next

envelopes had to be delivered day.

13. 14.
were from.

When I was at the hotels, I never avoided any questions When I was at the hotels, [ never avoided any questions

about my identity. asking who the envelopes

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case 3:08-cv-00490- TLS-CAN

document 81-13

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15.

When I was at the hotels, [ never avoided any questions

asking whether the guests

were expecting the envelopes. 16. When Lwas at the hotels, I never said or did anything to indicate that I did not were for. facility on At that time,

know what the envelopes 17. Wednesday,

Kenny Maines, owner of Racetrack RV, came to Heartland's October 22, 2008 before the envelopes were distributed with Mr. Maines.

to the hotels.

r

had a long standing relationship

I declare under penalty of perjury that the foregoing
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is true and correct.

Executed on October~~

,2009.

~Bryan Walczak

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