Contract analysis

I. Introductory Statement Pursuant to Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure, and in accordance with this Court's scheduling order setting the Initial Pretrial Conference for February 10, 2023, the parties jointly submit this Proposed Case Management Plan for the Court's consideration and approval. Plaintiff Vantor Holdings Corp. ("Vantor" or "Plaintiff") is represented by the law firm of Caldw

II. Nature of the Action This action is a breach of contract dispute arising from the termination of a Transportation Services Agreement dated March 15, 2019 (the "TSA"), bearing Contract Reference No. SLG-VTS-2019-0315, entered into between Stonefield Logistics Group Inc. (in its capacity as "Shipper-Broker") and Vantor Transport Services LLC ("VTS") (in its capacity as "Carrier-Provider"). VTS is a wholly owned sub

III. Procedural History to Date The procedural history of this action to date is as follows: • August 12, 2022: Plaintiff Vantor Holdings Corp. filed its original Complaint in this action, initiating Case No. 22-cv-07841. • September 8, 2022: Calderwood & Harkness LLP filed a Notice of Appearance on behalf of Defendant Stonefield Logistics Group Inc. • October 14, 2022: Defendant Stonefield filed a Motion to Dismiss

IV. Jurisdiction and Venue Subject Matter Jurisdiction. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1332(a) (diversity of citizenship). Plaintiff Vantor Holdings Corp. is a corporation organized and existing under the laws of the State of New York, with its principal place of business located at 580 Eighth Avenue, 14th Floor, New York, New York 10018. Plaintiff is therefore a c

V. Parties' Rule 26(f) Conference The parties conducted their conference required by Rule 26(f) of the Federal Rules of Civil Procedure on January 30, 2023, by videoconference. The following counsel participated in the conference: • For Defendant Stonefield: Patrick Gallagher and Simone Laroche, Calderwood & Harkness LLP. • For Plaintiff Vantor: Jason Whitford and Alina Petrov, Caldwell Royce & Shapiro LLP. During th

VI. Proposed discovery Schedule A. Initial Disclosures The parties agree that initial disclosures pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure are appropriate in this matter. The parties propose that initial disclosures be exchanged within fourteen (14) days of the Court's entry of the Case Management Order—i.e., by approximately early March 2023, assuming entry of the Case Management Order on or

VII. Expert discovery A. Expert Disclosure Schedule The parties propose the following schedule for expert disclosures and expert discovery: • Plaintiff's (Vantor's) Expert Report Deadline: May 15, 2023. As the party bearing the burden of proof on damages and certain elements of its breach of contract claim, Plaintiff shall serve its opening expert reports on or before this date. • Defendant's (Stonefield's) Rebuttal

VIII. Dispositive Motions Proposed Deadline. The parties jointly propose that any dispositive motions, including motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, be filed no later than March 1, 2024. Anticipated Motions. Both parties anticipate filing motions for summary judgment, in whole or in part, on certain claims, defenses, and counterclaims. Specifically: Defendant's An

IX. Settlement and ADR A. Mandatory Executive Negotiation The parties note that Section 16 of the TSA contains a mandatory executive negotiation provision requiring the parties' respective senior executives to engage in good-faith negotiation for a period of at least thirty (30) days prior to the commencement of any litigation arising out of the TSA. Both parties confirm that the contractually required executive nego

X. Trial A. Jury Demand Defendant Stonefield Logistics Group Inc. has demanded a trial by jury in its Answer to the Amended Complaint. Plaintiff Vantor Holdings Corp. has also demanded a trial by jury in the Amended Complaint. Accordingly, this case will proceed to a jury trial. B. Estimated Trial Length The parties jointly estimate that trial, if necessary, would require approximately seven to ten (7–10) business da

XI. Other Matters A. Amendments to Pleadings The parties propose that any motions for leave to amend pleadings be filed no later than the close of fact discovery on September 29, 2023. No amendments to the pleadings are currently anticipated by either party. The parties understand that any such amendment after the deadline established in the Case Management Order would require a showing of good cause under Rule 16(b)

XII. Proposed Schedule Summary The following table summarizes the key deadlines proposed by the parties in this Joint Proposed Case Management Plan:

XIII. Certification and Signatures The undersigned counsel of record, having conferred in good faith pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and the Court's scheduling order, jointly submit this Proposed Case Management Plan for the Court's consideration and approval at the Initial Pretrial Conference scheduled for February 10, 2023. Respectfully submitted, FOR DEFENDANT STONEFIELD LOGISTICS GR