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Contract: Other | Ohio Southern
Order
ORDER: Battelle's first request, the Court has already deemed documents showing ITSC's annual gross revenues and profitability from 2026, including prepared financial statements, relevant to this action. (Doc. 65 at 47). To the extent ITSC has documents in its possession custody, or control reflecting this information that it has not produced, it must turn those documents over to Battelle within fourteen (14) days. To address Battelle's concerns about inconsistencies, however, the Court will permit Battelle to notice a deposition of an ITSC representative. The parties must work together to identify an appropriate individual to this end. The deposition shall be limited to questions about the financial documents ITSC produced. The deposition shall be virtual and shall not exceed ninety (90) minutes. The deposition must take place within thirty (30) days. The parties are ORDERED to file a notice within seven (7) days, advising the Court as to when the deposition will take place or if Battelle declines this opportunity. Battelle is ORDERED to file an accounting of reasonable expenses and attorney's fees associated with its Motion to Compel (Doc. 59 ) that it seeks, within fourteen (14) days. ITSC shall have seven (7) days to respond. No reply will be permitted absent leave of Court. Battelle is REMINDED of its obligation to provide the Court with "evidence supporting the hours worked and rates claimed" and to show the requested fee award is "reasonable." The Court AMENDS the case schedule as follows: Dispositive Motions due 11/13/2026. Responses to dispositive motions due 12/7/2026. Replies to dispositive motions due 12/21/2026. Signed by Magistrate Judge Kimberly A. Jolson on 9/10/2026. (er)
Patent | Ohio Southern
USCA Mandate
MANDATE of USCAFC as to 168 Notice of Appeal: In accordance with the judgment of this Court, entered July 13, 2026, and pursuant to Rule 41 of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. Costs are awarded to appellant Kirk NationaLease Co., Truck & Trailer Parts Solutions, Inc., Altum LLC in the amount of $268.80 and taxed against the appellee. (er)
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