Heartland Recreational Vehicles LLC v. Forest River Inc Featured Case

Plaintiff: Heartland Recreational Vehicles LLC
Defendant: Forest River Inc
Case Number: 3:2008cv00490
Filed: October 24, 2008
Court: U.S. District Court for the Northern District of Indiana
Office: Patent Office
County: Elkhart
Presiding Judge: Theresa L Springmann
Presiding Judge: Christopher A Nuechterlein
Nature of Suit: Both
Cause of Action: Federal Question
Jury Demanded By: 28:1338 Patent Infringement
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Docket Report

This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2011 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).
February 24, 2011 Filing 171 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 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) filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A -- Forest River's Responses to Heartland's Second Set of Requests for Production, # 2 Exhibit B -- Forest River's Responses to Heartland's Second Set of Interrogatories, # 3 Exhibit C -- Deposition notice, # 4 Exhibit D -- Excerpt from Donat depo)(Irmscher, David)
February 14, 2011 Filing 170 Corporate Disclosure Statement by Heartland Recreational Vehicles LLC identifying Corporate Parent THOR Industries Inc for Heartland Recreational Vehicles LLC.. (Irmscher, David)
February 7, 2011 Filing 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) by Counter Claimant Forest River Inc. (Fountain, Ryan)
January 31, 2011 Filing 168 REPLY to Response to Motion re 141 Cross MOTION for Summary Judgment /Reply in Support of Cross-Motion for Summary Judgment filed by Heartland Recreational Vehicles LLC. (Irmscher, David)
January 28, 2011 Opinion or Order Filing 167 ORDER granting 166 Motion for Extension of Time to File Reply in support of cross-motion for summary judgment. Reply to be filed by 1/31/2011.. Signed by Magistrate Judge Christopher A Nuechterlein on 1/28/11. (smp)
January 26, 2011 Filing 166 MOTION for Extension of Time to File Response/Reply as to 141 Cross MOTION for Summary Judgment /Consent Motion for Extension of Time for Heartland to File Reply in Support of Cross-Motion for Summary Judgment by Plaintiff Heartland Recreational Vehicles LLC, Counter Defendant Heartland Recreational Vehicles LLC. (Meyer, Peter)
January 25, 2011 Opinion or Order Filing 165 ORDER granting in part 144 Motion for Sanctions. Signed by Magistrate Judge Christopher A Nuechterlein on 1/25/2011. (kds)
January 19, 2011 Opinion or Order Filing 164 ORDER denying 145 Motion to Compel. Signed by Magistrate Judge Christopher A Nuechterlein on 1/19/11. (smp)
January 13, 2011 Filing 163 REPLY to Response to Motion re 144 MOTION for Sanctions [Motion for Enforcement of Court Order, DE#112], MOTION for Sanctions [Motion for Enforcement of Court Order, DE#112], filed by Forest River Inc. (Attachments: # 1 Exhibit Ex. F - Excerpt of Brady Dep., # 2 Exhibit Ex. G - Heartland Letter of 9/1/10, # 3 Exhibit Ex. H - Excerpt of Plummer Dep., # 4 Exhibit Ex. I - Sample Heartland Dealer Listing)(Fountain, Ryan)
January 13, 2011 Filing 162 Sealed Document re 151 Response to Motion,. (Attachments: # 1 Exhibit Ex. E - Heartland List of New Dealers, # 2 Exhibit Ex. F - Heartland 11/18/09 Letter, # 3 Exhibit Ex. G - Heartland first proffered list of sales, # 4 Exhibit Ex. H - Heartland second proffered list of sales, # 5 Exhibit Ex. I - Heartland 6/7/10 Letter, # 6 Exhibit Ex. J - List of Invoices given, # 7 Exhibit Ex. K - Heartland 6/18/10 Letter, # 8 Exhibit Ex. L - Trial Exhibit 55, # 9 Exhibit Ex. M - Excerpt Donat Dep. (Previous Ex. I), # 10 Exhibit Ex. N - Excerpt Brady Dep., # 11 Exhibit Ex. O - Excerpt Leonard Dep., # 12 Exhibit Ex. P - Leonard Prospect Call log, # 13 Exhibit Ex. Q - Excerpt Hoffman Dep.)(Fountain, Ryan)
January 13, 2011 Filing 161 NOTICE by Heartland Recreational Vehicles LLC /Notice of Withdrawal of Subpoena to Non-Party RV Daily Report (Irmscher, David)
January 10, 2011 Filing 160 RESPONSE in Opposition re 141 Cross MOTION for Summary Judgment filed by Forest River Inc. (Attachments: # 1 Exhibit Ex 1 - Campkin Supp. Decl., # 2 Exhibit Ex. 2 - Stat. Surveys Rpt., # 3 Exhibit Ex. 3 - Leonard Dep. excerpt, # 4 Exhibit Ex. 4 - Whitehead email of 10/20/08)(Fountain, Ryan)
January 10, 2011 Opinion or Order Filing 158 ORDER granting 156 Motion for Extension of Time to File Reply to Heartland's Response to Forest River's Motion for Enforcement of Court Order 112 . Reply to be filed by 1/13/2011. Signed by Magistrate Judge Christopher A Nuechterlein on 1/10/11. (smp)
January 7, 2011 Opinion or Order Filing 159 ORDER granting 157 Motion for Extension of Time to File Reply to 151 Heartland's Response to Forest River's Motion to Compel Deposition on Gain from Use of Master List. Reply to be filed by 1/13/2011. Signed by Magistrate Judge Christopher A Nuechterlein on 1/7/11. (smp)
January 6, 2011 Filing 157 Consent MOTION for Extension of Time to File Response/Reply as to 151 Response to Motion, by Counter Claimant Forest River Inc. (Fountain, Ryan)
January 6, 2011 Filing 156 Consent MOTION for Extension of Time to File Response/Reply as to 150 Response to Motion, by Counter Claimant Forest River Inc. (Fountain, Ryan)
December 30, 2010 Filing 155 NOTICE by Forest River Inc re 154 Reply to Response to Motion,, [Notice of Errata] (Fountain, Ryan)
December 29, 2010 Filing 154 REPLY to Response to Motion re 141 Cross MOTION for Summary Judgment [Forest River's Reply to Heartland's Response to Forest River's Motion for Partial Summary Judgment Against Heartland for Unfair Competition] filed by Forest River Inc. (Attachments: # 1 Exhibit Ex. M - Notice of Deposition, # 2 Exhibit Ex. N - FR Initial Discl., # 3 Exhibit Ex. O - Notice of 30(b)(6) Dep., # 4 Exhibit Ex. P - FR 2d Req. Prod., # 5 Exhibit Ex. Q - FR Response to Interrog., # 6 Exhibit Ex. R - FR Supp. Init. Discl., # 7 Exhibit Ex. S - Conf. Notice of 30(b)(6) Dep., # 8 Exhibit Ex. T - FR Response to 2d Interrog.)(Fountain, Ryan)
December 29, 2010 Opinion or Order Filing 153 ORDER granting 152 Motion for Extension of Time to File Reply. Reply to be filed by 12/29/2010. Signed by Magistrate Judge Christopher A Nuechterlein on 12/29/10. (smp)
December 28, 2010 Filing 152 Consent MOTION for Extension of Time to File Response/Reply as to 142 Response to Motion, by Counter Claimant Forest River Inc. (Fountain, Ryan)
December 27, 2010 Filing 151 RESPONSE to Motion re 145 MOTION to Compel Deposition of Heartland on Gain from Use of Master List filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit Ex. A - Deposition Notice, # 2 Exhibit Ex. B - Excerpts of Dennis Donat Depo)(Irmscher, David)
December 27, 2010 Filing 150 RESPONSE to Motion re 144 MOTION for Sanctions [Motion for Enforcement of Court Order, DE#112], MOTION for Sanctions [Motion for Enforcement of Court Order, DE#112], filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit Ex. A - 9.1.10 Letter to Ryan Fountain, # 2 Exhibit Ex. B - 3:10-CV-409 Complaint, # 3 Exhibit Ex. C - Excerpts from Brian Brady depo, # 4 Exhibit Ex. D - 8.25.09 Letter to Ryan Fountain)(Irmscher, David)
December 27, 2010 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)
December 8, 2010 Filing 148 Sealed Document. (Attachments: # 1 Exhibit C - Expert Report (Exhibit to DE#145))(Fountain, Ryan)
December 8, 2010 Filing 147 Sealed Document. (Attachments: # 1 Exhibit C - Expert Report (Exhibit to DE#144))(Fountain, Ryan)
December 8, 2010 Filing 146 NOTICE by Forest River Inc re 130 MOTION for Summary Judgment [Notice as to Response] (Fountain, Ryan)
December 8, 2010 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)
December 8, 2010 Filing 144 MOTION for Sanctions [Motion for Enforcement of Court Order, DE#112], by Counter Claimant Forest River Inc. (Attachments: # 1 Affidavit Cert. under Rule 37, L.R. 37.1, # 2 Exhibit A - Poche and Brady emails, # 3 Exhibit B - Fountain email, # 4 Exhibit D - Fountain corresp., # 5 Exhibit E - Donat Dep. Transcript Excerpts)(Fountain, Ryan)
December 8, 2010 Filing 143 APPENDIX to 134 MOTION for Partial Summary Judgment Against Heartland for Unfair Competition, 142 Response to Motion, 141 Cross MOTION for Summary Judgment /Appendix in Support of Heartland's Response to Forest River's Motion for Partial Summary Judgment and its Cross-Motion for Summary Judgment by Heartland Recreational Vehicles LLC. (Attachments: # 1 Supplement I. Heartland's Statement of Genuine Disputes and Material Facts, # 2 Exhibit Ex. A - Babcock depo excerpts, # 3 Exhibit Ex. B - Lung declaration, # 4 Exhibit Ex. C - Printout of Open Range RV website, # 5 Exhibit Ex. D - Printout of Keystone RV website, # 6 Exhibit Ex. E - Lung affidavit, # 7 Exhibit Ex. F - Leonard depo excerpts, # 8 Exhibit Ex. G - Hoffman depo excerpts, # 9 Exhibit Ex. H - Campkin affidavit, # 10 Exhibit Ex. I - Plummer depo excerpts, # 11 Exhibit Ex. J - Donat affidavit, # 12 Exhibit Ex. K - Forest River's Answers to Heartland's Second Set of Interrogatories, # 13 Exhibit Ex. L - 310-CV-409 complaint, # 14 Exhibit Ex. M - Indiana Model Civil Jury Instructions, 2010 ed.)(Irmscher, David)
December 8, 2010 Filing 142 RESPONSE to Motion re 134 MOTION for Partial Summary Judgment Against Heartland for Unfair Competition, 141 Cross MOTION for Summary Judgment /Response to Forest River's Motion for Partial Summary Judgment and Memorandum in Support of Cross-Motion for Summary Judgment filed by Heartland Recreational Vehicles LLC. (Irmscher, David)
December 8, 2010 Filing 141 Cross MOTION for Summary Judgment by Plaintiff Heartland Recreational Vehicles LLC. (Irmscher, David)
December 6, 2010 Opinion or Order Filing 140 ORDER granting 139 Motion for Extension of Time to File Response respectively to motions for summary judgment. Response to be filed by 12/8/2010. Signed by Magistrate Judge Christopher A Nuechterlein on 12/6/10. (smp)
December 3, 2010 Filing 139 Joint MOTION for Extension of Time to File Response/Reply as to 134 MOTION for Partial Summary Judgment Against Heartland for Unfair Competition, 130 MOTION for Summary Judgment by Counter Claimant Forest River Inc. (Fountain, Ryan)
November 19, 2010 Opinion or Order Filing 138 ORDER granting 137 Motion to Withdraw. 129 Motion for Protective Order is withdrawn. Signed by Magistrate Judge Christopher A Nuechterlein on 11/19/10. (ksc)
November 17, 2010 Filing 137 Consent MOTION to Withdraw 129 MOTION for Protective Order Compelling Heartland to Participate in the Discovery Process, 136 Notice (Other) [of Withdrawal] by Counter Claimant Forest River Inc. (Fountain, Ryan)
November 15, 2010 Filing 136 NOTICE by Forest River Inc re 129 MOTION for Protective Order Compelling Heartland to Participate in the Discovery Process [Notice of Withdrawal of Motion as Moot] (Fountain, Ryan)
November 2, 2010 Filing 135 Sealed Document. (Attachments: # 1 Exhibit D - C. Brady email, # 2 Exhibit E - Leonard email, # 3 Exhibit F - Walczak)(Fountain, Ryan) Modified on 11/3/2010. These are exhibits to 134 (jld).
November 2, 2010 Filing 134 MOTION for Partial Summary Judgment Against Heartland for Unfair Competition by Counter Claimant Forest River Inc. (Attachments: # 1 Supplement Memorandum in Support, # 2 Appendix Statement of Material Facts, # 3 Exhibit A - Hoffman dep. tr., # 4 Exhibit B - Lung decl., # 5 Exhibit C - Creech email, # 6 Exhibit G - Stuffing email, # 7 Exhibit H - Hotel Clerk dep. tr., # 8 Exhibit I - B. Brady email, # 9 Exhibit J - B. Brady dep. tr., # 10 Exhibit K - Donat dep. tr., # 11 Exhibit L - Leonard dep. tr.)(Fountain, Ryan) See 135 for sealed exhibits. Modified on 11/3/2010 (jld).
November 2, 2010 Opinion or Order Filing 133 ORDER granting 125 Motion for Extension of Time to File expert report. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 11/15/2010. Signed by Magistrate Judge Christopher A Nuechterlein on 11/2/10. (smp)
November 2, 2010 Filing 132 APPENDIX to 131 Memorandum in Support, 130 MOTION for Summary Judgment by Heartland Recreational Vehicles LLC. (Attachments: # 1 Appendix Heartland's Statement of Undisputed Material Facts, # 2 Exhibit Ex. A - Excerpts Cooper Depo, # 3 Exhibit Ex. B - part 1 - B&T File, # 4 Exhibit Ex. B - part 2, # 5 Exhibit Ex. C - Excerpts Tuttle Depo, # 6 Exhibit Ex. D - Excerpts Gallagher Depo, # 7 Exhibit Ex. E - Excerpts Rhymer Depo, # 8 Exhibit Ex. F - Liegl letter, # 9 Exhibit Ex. G - part 1 - B&D File, # 10 Exhibit Ex. G - part 2, # 11 Exhibit Ex. H - '650 patent, # 12 Exhibit Ex. I - Excerpts Brady Depo, # 13 Exhibit Ex. J - Eliminator, # 14 Exhibit Ex. K - part 1 - Amended Answer, # 15 Exhibit Ex. K - part 2, # 16 Exhibit Ex. L - Roadmaster, # 17 Exhibit Ex. M - Cardinal, # 18 Exhibit Ex. N - Excerpts Lantz Depo, # 19 Exhibit Ex. O - Excerpts Hoffman Depo, # 20 Exhibit Ex. P - Amended Notice of Depo, # 21 Exhibit Ex. Q - Sig page, # 22 Exhibit Ex. R - part 1- Excerpts Babcock Depo, # 23 Exhibit Ex. R - part 2, # 24 Exhibit Ex. S - Petition for Acceptance, # 25 Exhibit Ex. T - Taylor Report, # 26 Exhibit Ex. U - Taylor Affidavit, # 27 Exhibit Ex. V - '830 Patent, # 28 Exhibit Ex. W - '545 Patent, # 29 Exhibit Ex. X - '903 Patent, # 30 Exhibit Ex. Y - '473 Patent, # 31 Exhibit Ex. Z - '132 Patent, # 32 Exhibit Ex. AA - Application 2002/0003341, # 33 Exhibit Ex. BB - Foreign publication DE 3321306, # 34 Exhibit Ex. CC - Cherokee, # 35 Exhibit Ex. DD - Holiday Rambler, # 36 Exhibit Ex. EE - Space Craft, # 37 Exhibit Ex. FF - Shadow Cruise, # 38 Exhibit Ex. GG - Catalina Coachmen, # 39 Exhibit Ex. HH - '115 patent, # 40 Exhibit Ex. II - Trail Bay Hauler, # 41 Exhibit Ex. JJ - Excerpts Forest River Interrog Responses, # 42 Exhibit Ex. KK - Walczak Affidavit, # 43 Exhibit Ex. LL - Dealer List, # 44 Exhibit Ex. MM - diagram fifth wheel turning radius, # 45 Exhibit Ex. NN - photograph, # 46 Exhibit Ex. OO - Forest River Initial & Supplemental Disclosures, # 47 Exhibit Ex. PP - Tuttle docs, # 48 Exhibit Ex. QQ - Campkin Affidavit, # 49 Exhibit Ex. RR - Excerpts Leonard Depo, # 50 Exhibit Ex. SS - Excerpts Plummer Depo, # 51 Exhibit Ex. TT - 10/22/08 Email, # 52 Exhibit Ex. UU - Forest River responses to 2nd set of interrogs, # 53 Exhibit Ex. VV - Excerpts King depo, # 54 Exhibit Ex. WW - Excerpts Gearhart depo)(Irmscher, David)
November 2, 2010 Filing 131 MEMORANDUM in Support of 130 MOTION for Summary Judgment filed by Heartland Recreational Vehicles LLC. (Irmscher, David)
November 2, 2010 Filing 130 MOTION for Summary Judgment by Plaintiff Heartland Recreational Vehicles LLC, Counter Defendant Heartland Recreational Vehicles LLC. (Irmscher, David)
October 29, 2010 Filing 129 MOTION for Protective Order Compelling Heartland to Participate in the Discovery Process by Counter Claimant Forest River Inc. (Attachments: # 1 Affidavit Rule 26(c)(1) and L.R. 37.1 Certificate, # 2 Exhibit A - Corresp., # 3 Exhibit B - Corresp., # 4 Exhibit C - Resp. to Doc. Pro, # 5 Exhibit D - Resp. to Doc. Pro., # 6 Exhibit E - Not. of Dep., # 7 Exhibit F - Email, # 8 Exhibit G - Email, # 9 Exhibit H - Expert Memo, # 10 Exhibit I - Discovery Issues Summary Memo, # 11 Exhibit J - Email, # 12 Exhibit K - Email, # 13 Exhibit L - Email, # 14 Exhibit M - Email, # 15 Exhibit O - Email, # 16 Exhibit P - Email)(Fountain, Ryan)
October 28, 2010 Filing 128 Sealed Document to 127 . (Attachments: # 1 Appendix Item A - Donat Dep., # 2 Appendix Item B - Donat Dep., # 3 Appendix Item B1 - Donat Dep., # 4 Appendix Item C - Donat Dep., # 5 Appendix Item C1 - Donat Dep., # 6 Appendix Item D - Donat Dep., # 7 Appendix Item D1 - Donat Dep., # 8 Appendix Item E - Heartland Spreadsheet, # 9 Appendix Item F - Donat Dep., # 10 Appendix Item F1 - Donat Dep., # 11 Appendix Item G - Donat Dep., # 12 Appendix Item H- Leonard email, # 13 Appendix Item I - Brady email)(Fountain, Ryan) Modified on 10/29/2010 to create link (smp).
October 28, 2010 Filing 127 REPLY to Response to Motion re 125 MOTION for Extension of Time to File Expert Report on Financial Issues and Amendment to Motion filed by Forest River Inc. (Attachments: # 1 Exhibit A - Declaration of Expert, # 2 Exhibit A - signature page, # 3 Exhibit A - attachment to Declaration, # 4 Exhibit B - Forest River 5th Prod. Req. and Resp., # 5 Exhibit C - Forest River 6th Prod. Req. and Resp., # 6 Exhibit D - Memo re Discovery Issues, # 7 Exhibit E - Forest River Notice of Dep., # 8 Exhibit F - counsel email, # 9 Exhibit G- counsel corresp., # 10 Exhibit H - counsel corresp.)(Fountain, Ryan)
October 18, 2010 Filing 126 RESPONSE to Motion re 125 MOTION for Extension of Time to File Expert Report on Financial Issues filed by Heartland Recreational Vehicles LLC. (Irmscher, David)
October 1, 2010 Filing 125 MOTION for Extension of Time to File Expert Report on Financial Issues by Defendant Forest River Inc. (Attachments: # 1 Affidavit Rule 37 Certificate)(Fountain, Ryan)
August 5, 2010 Opinion or Order Filing 124 MEMORANDUM OPINION AND ORDER denying 114 Motion for Review of Magistrate Judge Decision by a District Judge, adopting Magistrate Judge Nuechterlein's 107 Order on Motion to Compel in its entirety. Signed by Judge Jon E DeGuilio on 8/5/10. (smp)
July 29, 2010 Opinion or Order Filing 123 ORDER granting 122 Motion for Extension of Time to Complete Discovery. Discovery deadline is 10/15/2010. Expert Discovery deadline is 10/1/2010 Dispositive motions to be filed by 11/2/2010. Signed by Magistrate Judge Christopher A Nuechterlein on 7/29/10. (ksc)
July 26, 2010 Opinion or Order Filing 122 Joint MOTION for Extension of Time to Complete Discovery by Plaintiff Heartland Recreational Vehicles LLC. (Irmscher, David)
June 4, 2010 Opinion or Order Filing 121 ORDER granting 119 Motion for Extension of Time to Complete Discovery. Discovery deadline is 8/2/2010. Supplemental Expert reports deadline if needed is 7/23/2010; Dispositive motions to be filed by 8/17/2010. Signed by Magistrate Judge Christopher A Nuechterlein on 6/4/10. (smp)
June 3, 2010 Opinion or Order Filing 120 ORDER REASSIGNING CASE. Case reassigned to Judge Jon E DeGuilio for all further proceedings. Judge Theresa L Springmann no longer assigned to case. Signed by Chief Judge Philip P Simon on 6/3/10. (smp)
June 3, 2010 Opinion or Order Filing 119 Joint MOTION for Extension of Time to Complete Discovery by Plaintiff Heartland Recreational Vehicles LLC. (Irmscher, David)
May 13, 2010 Opinion or Order Filing 118 RESPONSE by Heartland Recreational Vehicles LLC to 25 Amended Answer to Complaint / Heartland Recreational Vehicles, LLC's Answer to Counterclaims of Defendant Forest River, Inc.. (Irmscher, David)
May 10, 2010 Opinion or Order Filing 117 REPLY to Response to Motion re 114 MOTION for Review of Magistrate Judge Decision by a District Judge re 107 Order on Motion to Compel (retitled from DE#113 for case management consistancy) MOTION for Review of Magistrate Judge Decision by a District Judge re 107 Order on Motion to Compel (retitled from DE#113 for case management consistancy) filed by Forest River Inc. (Attachments: # 1 Exhibit 7 - En Banc Order from Fed. Circuit)(Fountain, Ryan)
April 30, 2010 Opinion or Order Filing 116 RESPONSE in Opposition re 114 MOTION for Review of Magistrate Judge Decision by a District Judge re 107 Order on Motion to Compel (retitled from DE#113 for case management consistancy) MOTION for Review of Magistrate Judge Decision by a District Judge re 107 Order on Motion to Compel (retitled from DE#113 for case management consistancy) filed by Heartland Recreational Vehicles LLC. (Irmscher, David)
April 29, 2010 Opinion or Order Filing 115 OPINION AND ORDER granting 94 Plaintiff's Motion to Dismiss. The Defendant's declaratory relief counterclaims alleging invalidity, non-infringement, and unenforceability of the '650 patent are DISMISSED for want of subject-matter jurisdiction. Signed by Judge Theresa L Springmann on 4/29/10. (smp)
April 13, 2010 Opinion or Order Filing 114 MOTION for Review of Magistrate Judge Decision by a District Judge re 107 Order on Motion to Compel (retitled from DE#113 for case management consistancy) by Counter Claimant Forest River Inc. (Attachments: # 1 Exhibit A - Revocation of Power of Attorney, # 2 Exhibit B- -650 Patent cover page, # 3 Exhibit C - B&T transmittal form, # 4 Exhibit D - B&D time diaries, # 5 Exhibit E - B&D Info. Disclo. Statement)(Fountain, Ryan)
April 12, 2010 Opinion or Order Filing 113 MOTION for Review of Magistrate Judge Decision by a District Judge re 107 Order on Motion to Compel by Counter Claimant Forest River Inc. (Attachments: # 1 Exhibit A - Revocation of Power of Attorney, # 2 Exhibit B- Cover '650 Patent, # 3 Exhibit C- B&T transmittal form, # 4 Exhibit D - B&D time diaries, # 5 Exhibit E - B&D Information Discl. Stmt.)(Fountain, Ryan) Modified on 4/13/2010 to term as pending motion (jld).
March 31, 2010 Opinion or Order Filing 112 ORDER: GRANTING 96 SEALED MOTION to Compel (Second) Production of Dcouments from Heartland filed by Forest River Inc.. Signed by Magistrate Judge Christopher A Nuechterlein on 3/31/10. (jld)
March 26, 2010 Opinion or Order Filing 111 Sealed Document. (Attachments: # 1 Exhibit R - RVIA Flyer, # 2 Exhibit S - Hoffman Dep. trans., # 3 Exhibit T - Rule 30b6 Dep. Notice, # 4 Exhibit U - Loveall Dealer App., # 5 Exhibit V - Brady Dep. trans., # 6 Exhibit W - email between counsel, # 7 Exhibit X - 1st Prod. Req. to Heartland, # 8 Exhibit Y - 2d Prod. Req. to Heartland, # 9 Exhibit Z- Heartland Purchase Order form)(Fountain, Ryan)
March 26, 2010 Opinion or Order Filing 110 ORDER granting 109 Motion for Extension of Time to File Response/Reply Reply to be filed by 3/26/2010.. Signed by Magistrate Judge Christopher A Nuechterlein on 3/26/10. (smp)
March 25, 2010 Opinion or Order Filing 109 Consent MOTION for Extension of Time to File Response/Reply as to 102 Response to Motion, by Counter Claimant Forest River Inc. (Fountain, Ryan)
March 24, 2010 Opinion or Order Set Deadlines: Discovery deadline is 5/25/2010. Defendant supplemenal expert reports to be delivered to the plaintiff by 5/15/2010. Plaintiff supplemental expert reports to be delivered to the defendant by 5/15/2010. (kds)
March 24, 2010 Opinion or Order Filing 108 ORDER withdrawing 78 Motion for Summary Judgment. Dispositive motions to be filed by 6/10/2010. Signed by Magistrate Judge Christopher A Nuechterlein on 3/24/10. (smp)
March 22, 2010 Opinion or Order Filing 107 ORDER denying 88 Motion to Compel. Signed by Magistrate Judge Christopher A Nuechterlein on 3/22/10. (smp)
March 18, 2010 Opinion or Order Filing 106 REPLY to Response to Motion re 94 MOTION to Dismiss for Lack of Jurisdiction in Light of Revised Covenant Not to Sue filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Irmscher, David)
March 16, 2010 Opinion or Order Filing 105 ORDER setting a Telephonic Scheduling Conference for 3/24/2010 at 11:00 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein. Signed by Magistrate Judge Christopher A Nuechterlein on 3/16/10. (ksc)
March 16, 2010 Opinion or Order Filing 104 SURREPLY in Opposition to 88 MOTION to Compel Production of Documents from Heartland and Baker & Daniels filed by Heartland Recreational Vehicles LLC. (ksc)
March 16, 2010 Opinion or Order Filing 103 ORDER granting 101 Motion for Leave to File Surreply. Clerk is directed to show the surreply attached as Exhibit A as filed. Signed by Magistrate Judge Christopher A Nuechterlein on 3/16/10. (ksc)
March 15, 2010 Opinion or Order Filing 102 RESPONSE to Motion re 96 SEALED MOTION to Compel (Second) Production of Dcouments from Heartland SEALED MOTION to Compel (Second) Production of Dcouments from Heartland SEALED MOTION to Compel (Second) Production of Dcouments from Heartland SEALED MOTION to Compel (Second) Production of Dcouments from Heartland filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A)(Irmscher, David)
March 12, 2010 Opinion or Order Filing 101 MOTION for Leave to File Surreply in Opposition to Forest River's Motion to Compel Document Production by Plaintiff Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A)(Irmscher, David)
March 8, 2010 Opinion or Order Filing 100 RESPONSE in Opposition re 94 MOTION to Dismiss for Lack of Jurisdiction filed by Forest River Inc. (Attachments: # 1 Exhibit A - Declaration of J. Reid, # 2 Exhibit B - Excerpt of Trial Ex. 125, # 3 Exhibit C - Excerpt of Declaration of A. Holland, # 4 Exhibit D - Excerpt of B. Brady dep., # 5 Exhibit E - Excerpt of '251 Patent)(Fountain, Ryan)
February 28, 2010 Opinion or Order Filing 99 REPLY to Response to Motion re 88 MOTION to Compel Production of Documents from Heartland and Baker & Daniels filed by Forest River Inc. (Attachments: # 1 Exhibit Ex O - MPEP Section 2001.5, # 2 Exhibit P - Excerpt '817 Patent, # 3 Exhibit Q - Excerpt '979 Patent, # 4 Exhibit R - Excerpt '850 Patent, # 5 Exhibit S - Excerpt Cooper Deposition)(Fountain, Ryan)
February 26, 2010 Opinion or Order Filing 98 NOTICE of Appearance by Peter A Meyer on behalf of Heartland Recreational Vehicles LLC (Meyer, Peter)
February 26, 2010 Opinion or Order Filing 97 STATUS REPORT (Joint) by Heartland Recreational Vehicles LLC. (Irmscher, David)
February 24, 2010 Opinion or Order Filing 96 SEALED MOTION to Compel (Second) Production of Dcouments from Heartland by Counter Claimant Forest River Inc. (Attachments: # 1 Exhibit Declaration Rodney Ling, # 2 Exhibit F.R. Response to Int. No. 9, # 3 Exhibit 10/22/08 Heartland emails, # 4 Exhibit 10/20/08 Heartland emails, # 5 Exhibit Excerpt Gearhart Dep., # 6 Exhibit 10/28/08 Heartland email, # 7 Exhibit Excerpt Brady Dep., # 8 Exhibit Heartland dealer list, # 9 Exhibit Heartland Sales Log 1, # 10 Exhibit Heartland Sales Log 2, # 11 Exhibit Excerpt Catterton Dep., # 12 Exhibit Heartland financial summary, # 13 Exhibit Heartland invoice, # 14 Exhibit Heartland Resp, to Req. 15, # 15 Exhibit Heartland Resp. 2d Set, # 16 Exhibit 11/18/09 Letter, # 17 Exhibit 11/17/08 email, # 18 Appendix Rule 37 Certification, # 19 Supplement Rule 37 Cert. Supplement)(Fountain, Ryan)
February 19, 2010 Opinion or Order Filing 95 MEMORANDUM in Support of 94 MOTION to Dismiss for Lack of Jurisdiction filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A)(Irmscher, David)
February 19, 2010 Opinion or Order Filing 94 MOTION to Dismiss for Lack of Jurisdiction by Plaintiff Heartland Recreational Vehicles LLC. (Irmscher, David)
February 18, 2010 Opinion or Order Filing 93 RESPONSE to Motion re 88 MOTION to Compel Production of Documents from Heartland and Baker & Daniels filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Irmscher, David)
February 10, 2010 Opinion or Order Filing 92 ORDER: Parties Joint Status Report due by 2/26/2010.. Signed by Magistrate Judge Christopher A Nuechterlein on 2/9/10. (sdf)
February 4, 2010 Opinion or Order Filing 91 ORDER: The Court REFERS all non-dispositive pretrial matters and motions including Defendant's Motion 88 to Compel Document Production to the Magistrate Judge assigned to this case. denying 42 Motion to Dismiss; granting 54 Motion to Dismiss; denying WITHOUT PREJUDICE 74 Motion for Review of Magistrate Judge Decision by a District Judge ; granting 82 Motion for Extension of Time to File; granting in part and denying in part 87 Motion to Stay; granting 89 Motion to Amend/Correct. Signed by Judge Theresa L Springmann on 2/4/10. (sdf)
February 4, 2010 Opinion or Order Filing 90 RESPONSE to Motion re 87 MOTION to Stay re 78 MOTION for Summary Judgment and for Scheduling Conference MOTION to Stay re 78 MOTION for Summary Judgment and for Scheduling Conference filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Irmscher, David)
February 1, 2010 Opinion or Order Filing 89 MOTION to Amend/Correct 82 MOTION for Extension of Time to File Opposition to Expert, 86 Reply to Response to Motion, in Light of Copending DE#88 and Motion in Another Court by Counter Claimant Forest River Inc. (Attachments: # 1 Exhibit A - Excerpt of Taylor Dep., # 2 Exhibit B - Excerpt of Taylor Dep., # 3 Exhibit C - email of Mr. Ladue, # 4 Exhibit D - Copending Motion in S.D. Ind)(Fountain, Ryan)
February 1, 2010 Opinion or Order Filing 88 MOTION to Compel Production of Documents from Heartland and Baker & Daniels by Counter Claimant Forest River Inc. (Attachments: # 1 Exhibit A - Excerpt of '747 Patent, # 2 Exhibit B - Email of 3/14/05, # 3 Exhibit C - Excerpt of '841 Patent, # 4 Exhibit D - Excerpt of '650 Patent, # 5 Exhibit E - Excerpt of Taylor Dep., # 6 Exhibit F - FR Doc. Req. #9, # 7 Exhibit G - FR Doc. Req. #32, # 8 Exhibit H - Heartland Resp. to #9, # 9 Exhibit I - Heartland Resp. to #32, # 10 Exhibit J - B&D Subpoena, # 11 Exhibit K - Gallagher diary, # 12 Exhibit L - Brotherson CC, # 13 Exhibit M - Brotherson Letter, # 14 Appendix Rule 37 Certification, # 15 Supplement Supplement to Certification)(Fountain, Ryan)
January 21, 2010 Opinion or Order Filing 87 MOTION to Stay re 78 MOTION for Summary Judgment and for Scheduling Conference by Defendant Forest River Inc. (Attachments: # 1 Exhibit Exhibit A Email from D. Irmcher, # 2 Exhibit Exhibit B Forest River Interrog. Ans., # 3 Exhibit Exhibit C Example B&T Patent, # 4 Exhibit Exhibit D Heartland Email, # 5 Exhibit Exhibit E Exerpt of '841 Patent, # 6 Exhibit Exhibit F Babcock Declaration)(Fountain, Ryan)
January 14, 2010 Opinion or Order 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)
January 4, 2010 Opinion or Order Filing 85 RESPONSE to Motion re 82 MOTION for Extension of Time to File Opposition to Expert Response to Forest River's Nominal Objection to Expert and Motion for Amendment of Scheduling Order filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Irmscher, David)
December 28, 2009 Opinion or Order Filing 84 REPLY to Response to Motion re 74 MOTION for Review of Magistrate Judge Decision by a District Judge re 73 Order on Motion for Protective Order, Order on Motion for Leave to File filed by Forest River Inc. (Fountain, Ryan)
December 22, 2009 Opinion or Order Filing 83 NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Christopher A Nuechterlein is now terminated. All further matters will now be handled by Judge Theresa L Springmann unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (slm)
December 21, 2009 Opinion or Order Filing 82 MOTION for Extension of Time to File Opposition to Expert by Defendant Forest River Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Fountain, Ryan)
December 21, 2009 Opinion or Order Filing 81 APPENDIX to 80 Statement, /Appendix in Support of Motion for Summary Judgment by Heartland Recreational Vehicles LLC. (Attachments: # 1 Appendix Tab A-B, # 2 Appendix Tab C-D, # 3 Appendix Tab E-G, # 4 Appendix Tab H-K, # 5 Appendix Tab L-R, # 6 Appendix Tab S-W, # 7 Appendix Tax X-BB, # 8 Appendix Tab CC-II_part 1, # 9 Appendix Tab CC-II_part 2, # 10 Appendix Tab CC-II_Part 3, # 11 Appendix Tab CC-II_Part 4, # 12 Appendix Tab JJ-OO)(Irmscher, David)
December 21, 2009 Opinion or Order Filing 80 STATEMENT of Undisputed Material Facts in Support of its Motion for Summary Judgment regarding 79 Memorandum in Support filed by Heartland Recreational Vehicles LLC, 78 MOTION for Summary Judgment filed by Heartland Recreational Vehicles LLC. (Irmscher, David)
December 21, 2009 Opinion or Order Filing 79 MEMORANDUM in Support of 78 MOTION for Summary Judgment filed by Heartland Recreational Vehicles LLC. (Irmscher, David)
December 21, 2009 Opinion or Order Filing 78 WITHDRAWN BY ORDER 108 . MOTION for Summary Judgment by Plaintiff Heartland Recreational Vehicles LLC, Counter Defendant Heartland Recreational Vehicles LLC. (Irmscher, David) (Additional attachment(s) added on 3/24/2010: # 1 WITHDRAWN MOTION) (smp). Modified on 3/24/2010 (smp).
December 18, 2009 Opinion or Order Filing 77 ORDER granting 76 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Christopher A Nuechterlein on 12/18/09. (jld)
December 17, 2009 Opinion or Order Filing 76 MOTION for Leave to File Excess Pages /Motion for Leave to File Brief in Excess of Twenty-five Pages by Plaintiff Heartland Recreational Vehicles LLC, Counter Defendant Heartland Recreational Vehicles LLC. (Irmscher, David)
December 17, 2009 Opinion or Order Filing 75 RESPONSE to Motion re 74 MOTION for Review of Magistrate Judge Decision by a District Judge re 73 Order on Motion for Protective Order, Order on Motion for Leave to File /Response to Forest River's Objections to Magistrate's Order of November 19, 2009 (Docket Entry 73) filed by Heartland Recreational Vehicles LLC. (Irmscher, David)
December 7, 2009 Opinion or Order Filing 74 MOTION for Review of Magistrate Judge Decision by a District Judge re 73 Order on Motion for Protective Order, Order on Motion for Leave to File by Defendant Forest River Inc. (Fountain, Ryan)
November 19, 2009 Opinion or Order Filing 73 ORDER granting Heartland's 57 Motion to quash subpoenas served upon the 3 non-parties; denying as moot 72 Motion for Leave to File sur-reply. Signed by Magistrate Judge Christopher A Nuechterlein on 11/19/09. (sdf)
November 12, 2009 Opinion or Order Filing 72 MOTION for Leave to File Sur-Reply to Docket Entry 57 by Defendant Forest River Inc. (Attachments: # 1 Supplement Proposed Sur-Reply, # 2 Exhibit New Document Exhibit to Sur-Reply, # 3 Affidavit Rule 37 Certifcate)(Fountain, Ryan) Modified on 11/12/2009 to add link (smp).
November 4, 2009 Opinion or Order Filing 71 REPLY to Response to Motion re 57 MOTION for Protective Order Quashing Subpoenas to Non-Parties filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A - Assignment)(Irmscher, David)
October 26, 2009 Opinion or Order Filing 70 Sealed Document. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G, # 5 Exhibit H, # 6 Exhibit I, page 1, # 7 Exhibit I, page 2, # 8 Exhibit I, page 3, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T, # 20 Exhibit U, # 21 Exhibit V, # 22 Exhibit W, # 23 Appendix A, # 24 Appendix B)(Fountain, Ryan)
October 23, 2009 Opinion or Order Set/Reset Deadlines: Response to be filed by 10/26/2009 (smp)
October 22, 2009 Opinion or Order Filing 69 ORDER grating Forest River's 64 Third MOTION for Extension of Time to File Response as to 57 MOTION for Protective Order Quashing Subpoenas to Non-Parties (Unopposed). this will be the last extension of time afforded to Forest River Inc to respond to Heartland's motion. Signed by Magistrate Judge Christopher A Nuechterlein on 10/22/09. (sdf)
October 21, 2009 Opinion or Order Filing 67 Case reopened closed in error. (sdf)
October 20, 2009 Opinion or Order Filing 66 DOCUMENT REMOVED OPINION AND ORDER DISMISSING CASE pursuant to 28 U.S.C. section 1915A(b). Signed by Judge Rudy Lozano on 10/20/09. (sdf)
October 20, 2009 Opinion or Order Filing 65 ORDER granting 63 Motion for Extension of Time to File Response. Forest River's Response to Motion for Protective Order Quashing Subpoenas to Non-Parties to be filed by 10/20/2009. Signed by Magistrate Judge Christopher A Nuechterlein on 10/20/09. (sdf) Modified on 10/22/2009 (sdf)to correct and link to right motion.
October 20, 2009 Opinion or Order Filing 64 Third MOTION for Extension of Time to File Response/Reply as to 57 MOTION for Protective Order Quashing Subpoenas to Non-Parties (Unopposed) by Defendant Forest River Inc. (Fountain, Ryan)
October 19, 2009 Opinion or Order Filing 63 Second MOTION for Extension of Time to File Response/Reply as to 57 MOTION for Protective Order Quashing Subpoenas to Non-Parties by Defendant Forest River Inc. (Fountain, Ryan)
October 19, 2009 Opinion or Order Filing 62 ORDER granting Forest River's 60 Motion for Extension of Time to File Response. Response to be filed by 10/19/2009. Signed by Magistrate Judge Christopher A Nuechterlein on 10/19/09. (sdf)
October 19, 2009 Opinion or Order Filing 61 AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Christopher A Nuechterlein on 10/19/09. (sdf)
October 16, 2009 Opinion or Order Filing 60 Consent MOTION for Extension of Time to File Response/Reply as to 57 MOTION for Protective Order Quashing Subpoenas to Non-Parties by Defendant Forest River Inc. (Fountain, Ryan)
October 16, 2009 Opinion or Order Filing 59 MOTION for Protective Order /Agreed Protective Order by Plaintiff Heartland Recreational Vehicles LLC, Defendant Forest River Inc. (Irmscher, David)
September 28, 2009 Opinion or Order Filing 58 CERTIFICATE /Local Rule 37.1 Certification Re: Heartland's Motion for Protective Order Quashing Subpoenas to Non-Parties. (Irmscher, David)
September 28, 2009 Opinion or Order Filing 57 MOTION for Protective Order Quashing Subpoenas to Non-Parties by Plaintiff Heartland Recreational Vehicles LLC, Counter Defendant Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A -- Fifth Third subpoena, # 2 Exhibit B -- RSM McGladrey subpoena, # 3 Exhibit C -- Crowe Horwath subpoena)(Irmscher, David)
September 9, 2009 Opinion or Order Filing 56 REPLY to Response to Motion re 54 MOTION to Dismiss /Motion for Voluntary Dismissal Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A)(Irmscher, David)
August 28, 2009 Opinion or Order Filing 55 RESPONSE in Opposition re 54 MOTION to Dismiss /Motion for Voluntary Dismissal Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure filed by Forest River Inc. (Attachments: # 1 Exhibit Brady Deposition Transcript Excerpts, # 2 Exhibit USPTO Notice of 2d Patent Issuance)(Fountain, Ryan)
August 10, 2009 Opinion or Order Filing 54 MOTION to Dismiss /Motion for Voluntary Dismissal Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure by Plaintiff Heartland Recreational Vehicles LLC, Counter Defendant Heartland Recreational Vehicles LLC. (Irmscher, David)
August 10, 2009 Opinion or Order Filing 53 REPLY to Response to Motion re 42 MOTION to Dismiss Certain Claims for Lack of Subject Matter Jurisdiction in Light of Covenant Not to Sue filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A - Covenant Not to Sue, # 2 Exhibit B - Plaintiff's Motion for Voluntary Dismissal)(Irmscher, David)
August 4, 2009 Opinion or Order Filing 52 ORDER REASSIGNING CASE. Case reassigned to Judge Theresa L Springmann for all further proceedings. Judge Allen Sharp no longer assigned to case. This order does not change the assignment of the Magistrate Judge or any previously scheduled deadlines, hearings or trial dates. Signed by Chief Judge Robert L Miller, Jr on 8/4/09. (saj)
July 17, 2009 Opinion or Order Filing 51 Corporate Disclosure Statement by Heartland Recreational Vehicles LLC identifying Corporate Parent Towable Holdings, Inc. for Heartland Recreational Vehicles LLC, Heartland Recreational Vehicles LLC.. (Irmscher, David)
July 16, 2009 Opinion or Order Filing 50 NOTICE by Forest River Inc re 49 Notice (Other), 4 Corporate Disclosure Statement Disclosure Error by Heartland (replaces Docket#49) (Attachments: # 1 Exhibit Corporate Disclosure Statement from co-pending case)(Fountain, Ryan)
July 16, 2009 Opinion or Order Filing 49 NOTICE by Forest River Inc re 4 Corporate Disclosure Statement - Disclosure Error by Heartland (Fountain, Ryan)
July 6, 2009 Opinion or Order Filing 48 MEMORANDUM in Opposition to 42 MOTION to Dismiss Certain Claims for Lack of Subject Matter Jurisdiction in Light of Covenant Not to Sue filed by Forest River Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N - page 1, # 15 Exhibit N - page 2, # 16 Exhibit O)(Fountain, Ryan). (Additional attachment(s) added on 7/7/2009: # 17 Exhibit B, # 18 Exhibit O) (smp). Modified on 7/7/2009 (smp).
June 8, 2009 Opinion or Order Filing 47 ORDER denying 46 Motion for Extension of Time to Amend Scheduling Order. Signed by Magistrate Judge Christopher A Nuechterlein on 6/8/09. (sdf)
June 4, 2009 Opinion or Order Filing 46 Joint MOTION for Extension of Time to Amend 41 Rule 16 Preliminary Pretrial Conference,, by Counter Claimant Forest River Inc. (Fountain, Ryan)
June 2, 2009 Opinion or Order Filing 45 ORDER granting 44 Motion for Extension of Time to File Response,y Response to Heartland's motion to be filed by 7/3/2009. Signed by Magistrate Judge Christopher A Nuechterlein on 6/2/09. (sdf)
May 29, 2009 Opinion or Order Filing 44 MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss Certain Claims for Lack of Subject Matter Jurisdiction in Light of Covenant Not to Sue (w/ Exhibit Index) by Counter Claimant Forest River Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Fountain, Ryan) (Additional attachment(s) added on 6/1/2009: # 19 Exhibit E, # 20 Exhibit F, # 21 Exhibit G, # 22 Exhibit I, # 23 Exhibit J) (smp). Modified on 6/1/2009 (smp).
May 11, 2009 Opinion or Order Filing 43 MEMORANDUM in Support of 42 MOTION to Dismiss Certain Claims for Lack of Subject Matter Jurisdiction in Light of Covenant Not to Sue filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A)(Irmscher, David)
May 11, 2009 Opinion or Order Filing 42 MOTION to Dismiss Certain Claims for Lack of Subject Matter Jurisdiction in Light of Covenant Not to Sue by Plaintiff Heartland Recreational Vehicles LLC, Counter Defendant Heartland Recreational Vehicles LLC. (Irmscher, David)
May 4, 2009 Opinion or Order Filing 41 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 5/4/2009 before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty David P Irmscher. Dft appeared by atty Ryan M Fountain. Lewis Laderer or Thomas Lemon appointed as mediator. Results of the mediation shall be filed with the court no later than 10 days before the final pretrial conference Any amendments to the pleadings to be filed by 6/4/2009. Discovery deadline is 10/30/2009. Parties who bare persuasion expert witness disclosures and reports to be delivered by 8/3/2009. Rebuttal or response expert witness disclosures and reports by 9/21/2009. Initial Disclosures to be exchanged by 6/4/2009. Magistrate Consent forms due by 5/27/2009. (slm)
April 22, 2009 Opinion or Order Filing 40 MEMORANDUM OPINION AND ORDER denying Heartland Recreational Vehicle's 33 Motion to Dismiss Forest River Inc's Counterclaim of criminal deception. Each party to bear its own costs. Signed by Judge Allen Sharp on 4/22/09. (sdf)
April 7, 2009 Opinion or Order Filing 39 REPLY to Response to Motion re 33 MOTION to Dismiss Forest River, Inc.'s Criminal Deception Counterclaim filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A)(Irmscher, David)
March 27, 2009 Opinion or Order Filing 38 MEMORANDUM in Opposition to 33 MOTION to Dismiss Forest River, Inc.'s Criminal Deception Counterclaim filed by Forest River Inc. (Attachments: # 1 Exhibit Ex A - Notice of Allowance, etc, # 2 Exhibit Ex B - USPTO IDS, # 3 Exhibit Ex C - IDS Acknowledgement)(Fountain, Ryan)
March 19, 2009 Opinion or Order Filing 37 TELEPHONIC STATUS CONFERENCE held on 3/19/2009 before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty David P Irmscher. Dft appeared by atty Ryan M Fountain. By agreement of the parties the Rule 16B Preliminary Pretrial Conference is reset for 5/4/2009 11:00 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein.). (slm)
March 16, 2009 Opinion or Order Filing 36 ORDER granting Forest River's 35 Motion for Extension of Time to File Response. Response to Heartland's Motion to Dismiss is to be filed by 3/27/2009. Signed by Magistrate Judge Christopher A Nuechterlein on 3/16/09. (sdf)
March 13, 2009 Opinion or Order Filing 35 Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Dismiss Forest River, Inc.'s Criminal Deception Counterclaim by Counter Claimant Forest River Inc. (Fountain, Ryan)
February 23, 2009 Opinion or Order Filing 34 MEMORANDUM in Support of 33 MOTION to Dismiss Forest River, Inc.'s Criminal Deception Counterclaim filed by Heartland Recreational Vehicles LLC. (Irmscher, David)
February 23, 2009 Opinion or Order Filing 33 MOTION to Dismiss Forest River, Inc.'s Criminal Deception Counterclaim by Plaintiff Heartland Recreational Vehicles LLC, Counter Defendant Heartland Recreational Vehicles LLC. (Irmscher, David)
February 18, 2009 Opinion or Order Filing 32 MEMORANDUM OPINION AN ORDER denying Heartland's 12 Motion to Dismiss Forest River's Counterclaim. Each party to bear its own costs. Signed by Judge Allen Sharp on 2/18/09. (sdf)
February 12, 2009 Opinion or Order Filing 31 TELEPHONE CONFERENCE held on 2/12/2009 before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty Abigail M Butler, David P Irmscher. Dft appeared by atty Ryan M Fountain. Due to the pendency of the ruling on the motion to dismiss, the Rule 16 Preliminary Pretrial Conference is continued telephonically for 3/19/2009 11:00 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein. Court will initiate the call. (slm)
February 11, 2009 Opinion or Order Filing 30 ORDER denying Defendant's 22 Motion to Compel. Signed by Magistrate Judge Christopher A Nuechterlein on 2/11/09. (sdf)
February 11, 2009 Opinion or Order Filing 29 MOTION HEARING held on 2/11/2009 re 12 MOTION to Dismiss Forest River, Inc.'s Lanham Act Counterclaim before Judge Allen Sharp. Pla appeared by atty Irmscher. Dft appeared by atty Fountain. Court heard oral argument from both counsel. Court will rule as soon as it can. 1:00-1:50 (Court Reporter Hoffman) (saj)
February 6, 2009 Opinion or Order Filing 28 REPLY to Response to Motion re 21 MOTION to Amend/Correct 6 Answer to Complaint,, Counterclaim, MOTION to Amend/Correct 6 Answer to Complaint,, Counterclaim, MOTION to Amend/Correct 6 Answer to Complaint,, Counterclaim,, 12 MOTION to Dismiss Forest River, Inc.'s Lanham Act Counterclaim filed by Forest River Inc. (Fountain, Ryan)
February 2, 2009 Opinion or Order Filing 26 RESPONSE in Opposition re 22 MOTION to Compel Entry onto Land filed by Heartland Recreational Vehicles LLC. (Irmscher, David)
February 2, 2009 Opinion or Order NOTICE: The Motion to Dismiss 12 is reset for Oral Argument from 2/6/2009 to 2/11/2009 at 1:00 PM (EST) in the first floor courtroom in the US District Court - South Bend, Indiana before Judge Allen Sharp. This is a text-only entry with no order to follow. (saj)
January 30, 2009 Opinion or Order Filing 27 ORDER confirming Oral Argument on the pending Motion to Dismiss for 2/6/09 at 2:30pm in South Bend. Signed by Judge Allen Sharp on 1/30/09. (sdf)
January 29, 2009 Opinion or Order Filing 25 AMENDED ANSWER to 1 Complaint and Counterclaim w/Jury Demand by Forest River Inc. (sdf)
January 29, 2009 Opinion or Order Filing 24 ORDER granting 21 Motion to Amend. It is ordered that the amended pleading be now accepted for filing in this court. Signed by Magistrate Judge Christopher A Nuechterlein on 1/29/09. (sdf)
January 23, 2009 Opinion or Order Filing 23 RESPONSE in Opposition re 21 MOTION to Amend/Correct 6 Answer to Complaint,, Counterclaim, MOTION to Amend/Correct 6 Answer to Complaint,, Counterclaim, MOTION to Amend/Correct 6 Answer to Complaint,, Counterclaim, filed by Heartland Recreational Vehicles LLC. (Irmscher, David)
January 18, 2009 Opinion or Order Filing 22 MOTION to Compel Entry onto Land by Defendant Forest River Inc. (Attachments: # 1 Supplement Memorandum in Support of Motion, # 2 Exhibit Exhibit A to Memorandum (the discovery request in issue), # 3 Supplement Certificate under Fed. R. Civ. P. 37 and L. R. 37.1)(Fountain, Ryan)
January 12, 2009 Opinion or Order Filing 21 MOTION to Amend/Correct 6 Answer to Complaint,, Counterclaim, by Defendant Forest River Inc. (Attachments: # 1 Supplement Amended Answer, Defenses and Counterclaims, # 2 Exhibit Ex A to Amended Answer, # 3 Exhibit Ex. B to Amended Answer, # 4 Exhibit Ex. C to Amended Answer, # 5 Exhibit Ex D to Amended Answer, # 6 Exhibit Ex. E to Amended Answer, # 7 Exhibit Ex. F to Amended Answer, # 8 Exhibit Ex. G to Amended Answer, # 9 Exhibit Ex. H to Amended Answer, # 10 Exhibit Ex. I to Amended Answer, # 11 Exhibit Ex. J to Amended Answer)(Fountain, Ryan)
January 12, 2009 Opinion or Order Filing 20 ORDER granting 19 Motion to Continue Oral Argument on pending Motion to Dismiss is reset for 2/6/2009 02:30 PM in US District Court - South Bend before Judge Allen Sharp.. Signed by Judge Allen Sharp on 1/12/09. (sdf)
January 12, 2009 Opinion or Order Filing 19 MOTION to Continue Oral Argument of Feb. 18, 2009 by Defendant Forest River Inc. (Fountain, Ryan) Modified on 1/13/2009 (saj).
January 9, 2009 Opinion or Order Filing 18 MEMORANDUM in Support of 12 MOTION to Dismiss Forest River, Inc.'s Lanham Act Counterclaim /Reply Memorandum of Law in Support of Heartland Recreational Vehicles, LLC's Motion to Dismiss Forest River, Inc.'s Lanham Act Counterclaim filed by Heartland Recreational Vehicles LLC. (Irmscher, David)
January 9, 2009 Opinion or Order NOTICE - The Motion to Dismiss 12 is now set for Oral Argument on 2/18/2009 at 1:00 PM in the first floor courtroom of the US District Court - South Bend before Judge Allen Sharp. This is a text-only entry with no order to follow. (saj)
January 7, 2009 Opinion or Order Filing 16 INTERIM PRETRIAL CONFERENCE held on 1/7/2009 before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty David P Irmscher. Dft appeared by atty Ryan M Fountain. By agreement of the parties the Rule 16 Preliminary Pretrial Conference is continued telephonically for 2/12/2009 11:00 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein. Due to pending matters counsel is to review the previously filed management report and if modifications are needed counsel should file a new management plan before 2/12/2009; (slm)
January 6, 2009 Opinion or Order Filing 17 ORDER REASSIGNING CASE. Case reassigned to Judge Allen Sharp for all further proceedings. Judge Robert L Miller, Jr no longer assigned to case in accordance with LR 40.1(f) and General Order 2007-20. Signed by Judge Robert L Miller, Jr on 1/6/09. (jld)
January 6, 2009 Opinion or Order Judge Allen Sharp added. Judge Robert L Miller, Jr no longer assigned to case. (jld)
December 30, 2008 Opinion or Order Filing 15 MEMORANDUM in Opposition to 12 MOTION to Dismiss Forest River, Inc.'s Lanham Act Counterclaim filed by Forest River Inc. (Fountain, Ryan)
December 29, 2008 Opinion or Order Filing 14 REPORT of Rule 26(f) Planning Meeting. (Irmscher, David)
December 12, 2008 Opinion or Order Filing 13 MEMORANDUM in Support of 12 MOTION to Dismiss Forest River, Inc.'s Lanham Act Counterclaim filed by Heartland Recreational Vehicles LLC. (Irmscher, David)
December 12, 2008 Opinion or Order Filing 12 MOTION to Dismiss Forest River, Inc.'s Lanham Act Counterclaim by Plaintiff Heartland Recreational Vehicles LLC, Counter Defendant Heartland Recreational Vehicles LLC. (Irmscher, David)
December 10, 2008 Opinion or Order Filing 11 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (slm)
December 9, 2008 Opinion or Order Filing 10 ORDER, ( Joint Proposed Discovery due by 12/29/2008. Rule 16 Preliminary Pretrial Conference set for 1/7/2009 10:00 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein.). Signed by Magistrate Judge Christopher A Nuechterlein on 12/9/2008. (slm)
December 5, 2008 Opinion or Order Filing 9 NOTICE by Heartland Recreational Vehicles LLC re 6 Answer to Complaint,, Counterclaim, of Initial Enlargement of Time to Respond to Defendant's Counterclaims (Irmscher, David)
November 17, 2008 Opinion or Order Filing 8 Corporate Disclosure Statement by Forest River Inc identifying Corporate Parent Berkshire Hathaway, Inc. for Forest River Inc.. (Fountain, Ryan)
November 17, 2008 Opinion or Order Filing 7 NOTICE of Appearance by Ryan M Fountain on behalf of Forest River Inc (Fountain, Ryan)
November 17, 2008 Opinion or Order Filing 6 ANSWER to 1 Complaint and Affirmative Defenses with jury demand, COUNTERCLAIM against Heartland Recreational Vehicles LLC by Forest River Inc. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Fountain, Ryan) Modified on 11/18/2008 to add jury demand (smp).
November 6, 2008 Opinion or Order Filing 5 SUMMONS Returned Executed by Heartland Recreational Vehicles LLC. Forest River Inc served on 10/28/2008, answer due 11/17/2008. (Irmscher, David)
October 24, 2008 Opinion or Order Filing 4 Corporate Disclosure Statement by Heartland Recreational Vehicles LLC. (sdf)
October 24, 2008 Opinion or Order Filing 3 NOTICE of Appearance by David P Irmscher on behalf of Heartland Recreational Vehicles LLC (sdf)
October 24, 2008 Opinion or Order Filing 2 NOTICE of Appearance by Abigail M Butler on behalf of Heartland Recreational Vehicles LLC (sdf)
October 24, 2008 Opinion or Order Filing 1 COMPLAINT with Jury Demand against Forest River Inc (Filing fee $ 350.) Receipt #3341011, filed by Heartland Recreational Vehicles LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet) (sdf) cc: Patent & Trademark Commission

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Plaintiff: Heartland Recreational Vehicles LLC
Represented By: David P Irmscher
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Defendant: Forest River Inc
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