Contract analysis

1. Purpose and Scope of Report This report constitutes the quarterly docket check for the fourth quarter of calendar year 2024, covering the period from October 1, 2024 through December 31, 2024. The docket check was performed pursuant to the case dormancy protocol established in the Internal Memorandum — Case Dormancy Protocol, dated April 15, 2024, authored by Patrick Gallagher, Lead Associate. That memorandum requ

2. Docket Review Summary The following summarizes the results of the electronic docket review conducted for this reporting period: The last docket entry, Docket Entry No. 147, is a Minute Entry reflecting the appearance of Nikolai Vantorovich, individually, in his capacity as Chief Executive Officer and Founder of Vantor Holdings Corp., pro se, at the Order to Show Cause hearing held before the Honorable Margaret T.

3. Chronological Summary of Inactivity Period To provide context for the current dormant status of the case, the following chronological timeline sets forth the key events and milestones leading to and characterizing the period of inactivity: October 3, 2023 — Caldwell Royce & Shapiro LLP ("CRS"), lead counsel for plaintiff Vantor Holdings Corp., filed a Motion to Withdraw as Counsel (Docket Entry No. 131). The motio

4. Status of discovery and Case Management Deadlines The Case Management Order entered by Judge Calloway on February 17, 2023 (Docket Entry No. 58) established the following case management deadlines. All deadlines are currently stayed pursuant to the Court's October 18, 2023 order granting CRS's withdrawal, which provided that all remaining discovery and dispositive motion deadlines would be stayed pending the appea

5. Status of Pending or Anticipated Motions As of the date of this report, no motions are pending on the docket from either party. The following summarizes the status of motions that have been drafted or are under consideration by Calderwood & Harkness: Draft Motion to Dismiss for Failure to Prosecute (FRCP 41(b)). An internal draft of a motion to dismiss Vantor's claims for failure to prosecute under Federal Rule of

6. Communications and Correspondence During Q4 2024 A review of the firm's records, including the CM/ECF notification log, email correspondence files, physical mail log, and telephone records for Matter No. 1012-00005, confirms the following with respect to communications during the Q4 2024 reporting period: Communications from Opposing Parties or Counsel. No communications of any kind were received from Vantor Holdi

7. Assessment and Observations Based on the docket review and the foregoing analysis, the following observations and assessments are offered for consideration by the litigation team: Approaching One-Year Inactivity Milestone. The case is approaching one full calendar year of total inactivity since the last docket entry on February 12, 2024. This milestone is significant for several reasons. First, prolonged inactivit

8. Next Steps and Recommendations Based on the findings and observations set forth in this report, the following next steps and recommendations are presented for consideration:

1. Continue Quarterly Docket Monitoring. The next scheduled quarterly docket check under the dormancy protocol should be conducted on or about April 7, 2025, covering Q1 2025 (January 1, 2025 through March 31, 2025). The results will be documented in a written report consistent with the format of this and prior quarterly reports.

2. One-Year Inactivity Milestone. Patrick Gallagher and Samuel Eklund should be advised that the approaching one-year anniversary of the last docket entry (February 12, 2025) significantly strengthens the grounds for an involuntary dismissal motion under FRCP 41(b). The prolonged failure to prosecute, combined with Vantor's non-compliance with two separate court orders directing it to retain counsel by specified dead

3. Coordinate with Options Memorandum. The recommendations set forth herein should be read in conjunction with the Memorandum — Options for Case Resolution currently being prepared by Patrick Gallagher, with a target completion date of January 10, 2025. The strategic direction chosen in that memorandum — whether to move affirmatively for dismissal, continue monitoring, or pursue outreach — will inform the scope and f

4. Preserve All Work Product. All work product files, expert reports, deposition transcripts, and key document indices must continue to be maintained in preserved status per the dormancy protocol. Specifically, the following materials should remain securely preserved and readily accessible: (a) Dr. Evelyn Rosser / Kensington Analytics Group LLC final rebuttal expert report, dated August 25, 2023; (b) Dr. Martin Aldri

5. Lakeshore National Bank Reporting. Guidance is requested from Patrick Gallagher and/or Samuel Eklund as to whether the next quarterly update to Lakeshore National Bank — specifically, Catherine Devereaux, SVP, Loan Administration — under the litigation reporting obligation contained in Section 6.12 of the Credit Agreement (Ref. LNB-SLG-2017-CA-4402) should be prepared for this cycle, or whether the annual litigati

9. Report Certification and Sign-Off This Quarterly Docket Check Report for Q4 2024 has been prepared in accordance with the case dormancy protocol established in the Internal Memorandum — Case Dormancy Protocol, dated April 15, 2024, and is submitted for the review and records of the litigation team. Prepared by: ________________________________________ Helen Tsao Senior Paralegal Calderwood & Harkness LLP Date: Jan