*1 Pending before the Court is Plaintiff Ancor Holding, LP (“Ancor”)’s Motion to Compel Defendant ICON EV, LLC (“ICON”) [doc. 120], filed October 3, 2022. After carefully considering the parties’ submissions, the record before the court, and the applicable law, the Court determines that Plaintiff's motion is meritorious and is, therefore, GRANTED.

In the motion, Plaintiff requests the Court to compel Defendant ICON to supplement its prior production to Request for Production No. 1 in Ancor's First Requests for Production[1] by producing its 2021 year-end financial statements and its financial statements for the first three calendar quarters of 2022. Defendant responds that Plaintiff's motion is, inter alia, untimely and opposes the requests as seeking irrelevant information.

“Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.” Fed. R. Civ. P. 26(b)(1). “Information within this scope of discovery need not be admissible in evidence to be discoverable.” Id. Pursuant to Federal Rule of Civil Procedure (“Rule”) 34(a), a party may serve on any other party a request to, as relevant here, produce any designated documents or electronically stored information. If a party fails to fully answer a request for production of documents, the party seeking the discovery may move for an order compelling production to that discovery request pursuant to Rule 37(a)(3)(B). However, pursuant to Rule 26(c), a court, for good cause, may issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. Fed. R. Civ. P. 26(c).

Ultimately, the Court is persuaded that Plaintiff's request seeks relevant, non-privileged information and the motion is not otherwise untimely or otherwise improper. Plaintiff has sufficiently established the Rule 26 factors that the requested supplemental financial statements should be produced.

Based on the foregoing, it is ORDERED that Plaintiff's Motion to Compel [doc. 120] is GRANTED.

It is further ORDERED that Defendant shall, no later than 4:30 p.m. on Friday, November 4, 2022, supplement its prior production by producing the financial statements as set forth above.