Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 86

REPLY to Response to Motion re 82 MOTION for Extension of Time to File Opposition to Expert filed by Forest River Inc. (Attachments: # 1 Exhibit Q, # 2 Exhibit R, # 3 Exhibit S, # 4 Exhibit T, # 5 Exhibit U, # 6 Exhibit V, # 7 Exhibit W, # 8 Exhibit X)(Fountain, Ryan)

Heartland Recreational Vehicles LLC v. Forest River Inc

Doc. 86 Att. 2

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1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION HEARTLAND RECREATIONAL ) VEHICLES, LLC ) Plaintiff, ) v. ) CASE NO.: 3:09-CV-490 RLM CAN FOREST RIVER, INC., ) Defendant. ) ---------------) VIDEOTAPED DEPOSITION OF: TIMOTHY A. HOFFMAN, called as witness by the Defendant, pursuant to Notice. DATE: Monday, June 17, 2009 TIME: 9:00 a.m. PLACE: Baker & Daniels 202 South Michigan Street Suite 1400 South Bend, Indiana REPORTED BY: CHARLES A. OLMSTED, C.S.R., R.P.R, C.M., VIDEOGRAPHER: BRENDA L. FREDRICK, L.V.S.

2 1 APPEARANCE: 2 3 BAKER & DANIELS 4 by: DAVID P. IRMSCHER, ESQ., 5 111 East Wayne, Suite 800 6 Fort Wayne, Indiana 46802 7 [phone] 8 appearing on behalf of the Plaintiff, 9 10 11 RYAN M. FOUNTAIN, ESQ., 12 ATTORNEY AT LAW 13 420 Lincolnway West 14 Mishawaka, Indiana 46544 15 [phone] 16 appearing on behalf of the Defendant. 17

Dockets.Justia.com

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4 (WHEREUPON, THE FOLLOWING PROCEEDINGS WERE HAD:) THE VIDEOGRAPHER: The time is 9:01 a.m. And, we are here to take the videotaped deposition of Timothy Hoffman. Today is Wednesday, June the 17th, the year 2009. My name is Brenda Fredrick, Videographer, with Olmsted and Associates. Also present is Charles A. Olmsted, Court Reporter. We are at the law-office of Baker and Daniels, 202 South Michigan Street, Suite 1400, South Bend, Indiana. We are here in the case caption reading: United States District Court, Northern District of Indiana, South Bend Division. Heartland Recreational Vehicles, LLC, Plaintiff versus Forest River, Inc., Defendant. Case number 3:08-CV-490 RLM CAN. Could I please have Counsel introduce themselves. MR. DAVID P. IRMSCHER: David Irmscher of Baker and Daniels for Heartland Recreational

5 1 Vehicles, LLC. 2 MR. RYAN M. FOUNTAIN: Ryan Fountain, for 3 Forest River, Inc. 4 THE VIDEOGRAPHER: Mr. Olmsted, would you 5 please swear in the witness. 6 7 TIMOTHY ARTHUR HOFFMAN, 8 Called as a witness by the Defendant, pursuant to notice 9 and agreement, first being duly sworn testifies as follows: 10 11 MR. DAVID P. IRMSCHER: Before we get 12 started, real briefly. Same agreement on 13 confidentiality we have had for the previous two 14 depositions. 15 Is that right? 16 MR. RYAN M. FOUNTAIN: Yes. 17 MR. DAVID P. IRMSCHER: And Mr. Hoffman is

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here as a 30(b)(6) designated representative with respect to the Forest River meetings that took place in October. MR. RYAN M. FOUNTAIN: Is that the only category -MR. DAVID P. IRMSCHER: I believe it is. I believe this is the second witness that is consistent with our letter and objections 6

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previously. MR. RYAN M. FOUNTAIN: Okay. And, so, then as for the other topics in Forest River's Notice of Deposition of Heartland. you are not producing a witness at this time? MR. DAVID P. IRMSCHER: That's correct. I believe I've already informed you that with respect to equitable conduct on that issue we'll probably supplement with an Expert Witness. I don't have any other witnesses at this time. I will let you know if we do. MR. RYAN M. FOUNTAIN: Okay. There's more than just an equitable conduct remaining on this list. You understand that, right? MR. DAVID P. IRMSCHER: Yes. And, I've sent you a letter about that. MR. RYAN M. FOUNTAIN: Okay. MR. DAVID P. IRMSCHER: I guess what I'm trying to say, Ryan, is I believe those issue are going to drop-out of the case. If they don't, then, we'll probably try and get additional witnesses. But, I think they are going to.