Contract analysis

From: Samuel Eklund <seklund@calderwoodharkness.com> To: Harrison Caldwell <hcaldwell@caldwellroyce.com> Cc: Patrick Gallagher <pgallagher@calderwoodharkness.com> Subject: Re: Vantor Holdings Corp. v. Stonefield Logistics Group Inc., No. 22-cv-07841 (S.D.N.Y.) — Settlement Discussions

Thank you for your September 25 email conveying Vantor's interest in exploring resolution of this matter and proposing that the parties engage a mediator. I appreciate the collegial spirit in which the suggestion was made, and I want to respond in kind.

I have had the opportunity to confer with my client regarding your proposal. Stonefield remains open, in principle, to reasonable discussions concerning resolution of this litigation at an appropriate juncture. Having carefully considered the current posture of the case, however, it is our assessment that the present timing is not conducive to a productive mediation.

As you know, the fact discovery deadline under Judge Calloway's Case Management Order passed only two days ago, on September 29. Expert discovery remains ongoing, with a completion deadline of January 12, 2024. Significantly, the Vantorovich deposition remains incomplete, with the Court having ordered its completion by October 20, 2023 pursuant to the September 22 order — meaning a key component of the evidentiary re

To be clear, this should not be read as foreclosing the possibility of future discussions. To the contrary, we believe that settlement conversations may prove considerably more productive after expert discovery has concluded and the parties have had the opportunity to evaluate the landscape in anticipation of summary judgment briefing. Should Vantor remain interested in revisiting this topic at that stage, we would w

In the meantime, please do not hesitate to reach out regarding any procedural matters that may arise.

Samuel Eklund Partner, Litigation Calderwood & Harkness LLP 200 Park Avenue, 38th Floor New York, NY 10166 Tel: (212) 554-6200 Email: seklund@calderwoodharkness.com

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