Contract analysis

I. INTRODUCTION AND PROCEDURAL STATUS A. Case Overview Crestline Packaging Solutions LLC ("CPS" or "Plaintiff") filed its Verified Complaint and Motion for Temporary Restraining Order on February 26, 2024, in the United States District Court for the Southern District of Ohio, Eastern Division. The action is assigned to the Honorable Patricia Langford. CPS asserts five counts against three defendants: Harlow Chemical

II. DISCOVERY PLAN — OVERVIEW AND TIMELINE A. Governing Rules Discovery in this action is governed by the Federal Rules of Civil Procedure, Rules 26 through 37, as well as the Local Rules of the United States District Court for the Southern District of Ohio. Particular attention should be given to the following provisions: • Fed. R. Civ. P. 26(a)(1): Initial disclosures are due within 14 days of the Rule 26(f) confer

III. DOCUMENT REQUESTS TO DEFENDANTS The following document requests will be served on all defendants (Harlow Chemical Supply Inc., Gerald W. Norris, and Kenneth Fielding) in the first round of written discovery. They are organized by subject-matter category and accompanied by a brief rationale for each category to assist the team in anticipating and responding to any objections from VGW. Each request will be drafted

IV. INTERROGATORIES TO DEFENDANTS The following interrogatories will be served on Harlow Chemical Supply Inc. Additional interrogatories directed to the individual defendants, if needed, will be prepared separately. These interrogatories are designed to force defendants to commit to specific factual positions early in the case, creating a foundation for impeachment at depositions and trial. A. Interrogatory 1: Indepe

V. REQUESTS FOR ADMISSION The following requests for admission will be served on Harlow Chemical Supply Inc. pursuant to Fed. R. Civ. P. 36. These requests are designed to narrow the issues in dispute and to establish foundational facts that, if admitted, will streamline the presentation of evidence at the preliminary injunction hearing and at trial. If denied, the denials will expose specific factual disputes that w

VI. CPS'S ANTICIPATED DOCUMENT PRODUCTION A. Scope of CPS Production CPS anticipates producing approximately 18,000 documents to defendants in the course of this litigation. The production will cover the following major categories: CPS-BC-1147 Formulation Development Records (January 2015–December 2016). These records document the 24-month research and development program that culminated in the creation of CPS-BC-114

VII. EXPERT DISCOVERY COORDINATION A. Thornburg Analytics LLC (Forensic Chemical Analysis) Firm and Principal: Thornburg Analytics LLC, 7225 Research Park Drive, Cincinnati, OH 45237. Principal analyst: Dr. Elena Vasquez, Ph.D. (Analytical Chemistry, University of Michigan). Dr. Vasquez has over 18 years of experience in forensic chemical analysis and has served as an expert witness in trade secret litigation on mult

VIII. DEPOSITION PLAN — OVERVIEW A. Priority Witnesses and Sequencing Depositions will be conducted between May and July 2024, following the completion of the bulk of document production and interrogatory responses (Phase 2), so that we have the maximum factual foundation available before examining witnesses. The following witnesses are identified for deposition, listed in priority order: Defendants' Witnesses (Prior

1. Kenneth Fielding — VP of Technical Operations, Harlow Chemical Supply Inc.

2. Gerald W. Norris — CEO and Sole Shareholder, Harlow Chemical Supply Inc.

3. Amanda Trent — Sales Director, Harlow Chemical Supply Inc. CPS Witnesses (to be prepared for defense depositions):

4. Dr. Margaret Yuen — VP of Research & Development, CPS.

5. Brian Novotny — Sales Director, CPS. Possible Third-Party Witnesses:

6. Archer Material Sciences Inc. personnel — specifically, the analyst who performed the September 2022 analysis of CPS Concentrate A. The identity of this individual will be determined from Archer's records, to be obtained through the third-party subpoena discussed in Section XIII below. The necessity of this deposition will be assessed after reviewing Archer's document production and evaluating whether the document