Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 49

NOTICE by Forest River Inc re 4 Corporate Disclosure Statement - Disclosure Error by Heartland (Fountain, Ryan)

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Heartland Recreational Vehicles LLC v. Forest River Inc Doc. 49 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 RLM CAN ) ) ) JURY DEMAND NOTICE OF ERROR IN HEARTLAND'S "DISCLOSURE OF CORPORATE INTERESTS CERTIFICATE PURSUANT TO FED. R. CIV. P. 7.1" In Heartland's "Disclosure of Corporate Interests," filed with this Court on October 24, 2008, it certified to the Court that it had no parent companies. As a result of the deposition of Heartland's President, Brian Brady, by Forest River on June 15, 2009, that certificate was shown to be false, as evidenced also by the attached trial Exhibit 4, a "Corporate Disclosure Statement" filed on November 8, 2008, by Heartland in a co-pending federal lawsuit in another court. On June 15, 2009, Forest River requested that Heartland now accurately inform the Court of the ownership interests of its parent companies. Heartland has failed to do so for the past month. Accordingly, in the event that it becomes relevant to the reassignment of this case as a result of Judge Sharp's passing, Forest River requests the Court to note that Heartland does have several parent corporations, at least as indicated on Exhibit 4, and that at least Catterton Partners of Greenwich, CT appears to have a controlling interest in Heartland. Dated: July 16, 2009 1 Respectfully submitted, Dockets.Justia.com s/Ryan M. Fountain ___________________________ Ryan M. Fountain (#8544-71) RyanFountain@aol.com 420 Lincoln Way West Mishawaka, Indiana 46544 Telephone: (574) 258-9296 Telecopy: (574) 256-5137 Attorney for Defendant Forest River, Inc. Certificate of Service I certify that on July 16, 2009, 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 Abigail M. Butler david.irmscher@bakerd.com abidgail.bulter@bakerd.com s/Ryan M. Fountain _______________________ Ryan M. Fountain Attorney for Defendant Forest River, Inc. 2

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