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Contract: Other | Ohio Northern
Status Report (atty event)
Joint Status Report filed by Sherwin-Williams Company. (Byrnes, Rachel)
Order on Motion for judgment on the pleadings Order on Motion to change/transfer venue
Memorandum Opinion and Order: The Court GRANTS Bobcats Motion (Doc. No. 3 ) to the extent it seeks a finding that this Court lacks personal jurisdiction over it under the Due Process Clause. The Court holds in abeyance a decision on whether to dismiss the claims against Bobcat, sever and transfer the claims against Bobcat to the Northern District of Texas or transfer the entire case to the Northern District of Texas, as follows. Given this Court's ruling that it lacks personal jurisdiction over Bobcat, the Court hereby ORDERS Sherwin-Williams and Power Engineers to meet and confer to discuss whether they can reach an agreement to mutually waive the forum selection provision in the Power ESA and agree to a transfer to the Northern District of Texas. By no later than August 14, 2026, Sherwin-Williams and Power Engineers shall file a Joint Status Report on the docket advising the Court whether or not they have reached an agreement to transfer the case. If an agreement to transfer the case has been reached, Sherwin-Williams and Power Engineers shall identify in the Joint Status Report which venue statute they believe is the appropriate vehicle for a transfer of Sherwin-Williams claims against Power Engineers. If Bobcat has an objection or wishes to respond to any agreement reached between Sherwin-Williams and Power Engineers, it must file a Response on the docket by no later than August 21, 2026. In the event that Sherwin-Williams and Power Engineers are not able to reach an agreement to waive the forum selection clause and transfer the case, the Court hereby ORDERS Sherwin-Williams, Bobcat, and Power Engineers to file supplemental briefs that more fully address the issue of whether this Court should dismiss the claims against Bobcat or transfer all or part of the instant action to the Northern District of Texas in light of the forum selection clause in the Power ESA. The parties' supplemental briefs shall be filed by no later than August 28, 2026; shall be no longer than ten (10) pages in length; and shall contain citation to relevant authority, including authority specifically relating to the effect of the Power ESA forum selection clause on the venue issue before this Court. Judge Pamela A. Barker on 7/31/2026.(P,K)
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