Contract analysis

I. Nature of the Action This is a breach-of-contract action arising out of a Transportation Services Agreement dated March 15, 2019 (the "TSA," Contract Reference No. SLG-VTS-2019-0315) between Stonefield Logistics Group Inc., acting in its capacity as "Shipper-Broker," and Vantor Transport Services LLC ("VTS"), a wholly owned subsidiary of Vantor Holdings Corp., acting in its capacity as "Carrier-Provider." The TSA

II. Procedural History Vantor filed its original Complaint in this action on August 12, 2022, alleging that Stonefield wrongfully terminated the TSA and claiming approximately $95.4 million in damages. The original Complaint asserted a single cause of action for breach of contract based on wrongful termination and sought liquidated damages, lost profits, stranded asset costs, workforce reduction costs, and mitigation

III. Defendant's Summary of Claims and Defenses A. Vantor's Claims (as Alleged in the Amended Complaint) The Amended Complaint asserts three counts, each sounding in breach of contract, together with several categories of claimed damages: Count I — Breach of Contract (Wrongful Termination). Vantor alleges that Stonefield's termination of the TSA was wrongful and without Cause, and seeks liquidated damages under Secti

IV. Proposed Case Management Schedule Pursuant to Federal Rule of Civil Procedure 16(b) and the Court's Individual Rules, the parties have conferred in good faith regarding a proposed case management schedule. Counsel for Vantor, Caldwell Royce & Shapiro LLP, concurs on the proposed dates set forth below, though Vantor reserves objections on certain scope issues as noted. The parties jointly propose the following sch

V. Anticipated discovery Issues Defendant respectfully identifies the following issues that are likely to arise during the discovery phase and that may warrant the Court's attention at this time: A. Scope of Document discovery Defendant anticipates that Vantor's document production will be a critical component of the case. In particular, Defendant will seek documents relating to the following categories of informatio

VI. Related Matters and Notifications Defendant is not aware of any related pending actions involving the same parties or the same or substantially similar claims, either in this Court or in any other federal or state court. Stonefield has notified its Administrative Agent, Lakeshore National Bank, of this litigation as required under Section 6.03(b) of Stonefield's $425 million Senior Secured Credit Facility (Credit

VII. Settlement and ADR The TSA includes a mandatory executive negotiation provision in Section 16, which requires the parties to engage in a thirty-day executive-level negotiation period before initiating litigation. The parties fully complied with this pre-litigation requirement. Marcus Denton, Chief Executive Officer of Stonefield, and Nikolai Vantorovich, Chief Executive Officer of Vantor, met in person on May 16

VIII. Consent to Magistrate Judge Defendant does not consent to the assignment of this case to a United States Magistrate Judge for all purposes under 28 U.S.C. § 636(c) at this time.

IX. Estimated Length of Trial Defendant estimates that trial of this action would require five to seven trial days. The presentation of evidence is expected to be predominantly documentary and expert in nature, with limited live fact witness testimony. Defendant estimates that each side would call approximately six to eight fact witnesses at trial.

X. Other Matters for the Court's Consideration Defendant respectfully brings two additional matters to the Court's attention: First, Defendant notes that the named Plaintiff in this action is Vantor Holdings Corp., a New York corporation. However, the TSA was executed by Vantor Transport Services LLC, a New York limited liability company and wholly owned subsidiary of Vantor Holdings Corp. Defendant has preserved but