Contract analysis

I. Purpose of This Letter We write on behalf of our client, defendant Cascade Retail Holdings Inc. ("Cascade"), in connection with the above-captioned matter (Calderwood & Harkness LLP Matter No. 1038-00007). This letter is prompted by your correspondence dated May 27, 2022, in which counsel for plaintiff Vantor Holdings Corp. ("Vantor") indicated its intention to file a motion to compel expanded discovery into all o

II. Background of discovery to Date The Court entered the Scheduling Order on January 14, 2022, following the Initial Case Management Conference held on November 5, 2021. The Scheduling Order established a discovery cut-off of September 30, 2022, and set forth the parties' mutual obligations with respect to the scope and timing of fact discovery. The discovery period formally commenced in March 2022, and since that t

III. Vantor's Threatened Motion to Compel Vantor's May 27, 2022 letter demands that Cascade produce documents and electronically stored information ("ESI") relating to every supplier relationship that Cascade has entered into during the relevant period — a demand that is not limited to the three suppliers (Hemsworth, Tridale, and Orion) that form the factual basis for each of Vantor's three causes of action: (1) tort

IV. Cascade's Position — The Requested discovery Is Overbroad and Disproportionate A. The Claims in This Action Are Limited to Three Specific Supplier Relationships Vantor's Complaint, filed on September 7, 2021, specifically identifies three — and only three — supplier relationships as the basis for its claims against Cascade. Those suppliers are Hemsworth Consumer Products LLC, Tridale Manufacturing Inc., and Orion

V. Cascade's Proposal to Narrow the Scope of Any Additional discovery Notwithstanding its position that the discovery Vantor seeks is overbroad and disproportionate, Cascade is committed to resolving this dispute cooperatively and in good faith. To that end, Cascade proposes the following: First, the parties should meet and confer to discuss a reasonable and proportional approach to any additional discovery beyond th

VI. Reservation of Rights Cascade expressly reserves all rights and objections with respect to any motion to compel that Vantor may file, including but not limited to the right to seek cost-shifting, monetary sanctions, or other relief under California Code of Civil Procedure Sections 2023.010, 2023.030, 2031.310, and any other applicable provisions if such a motion is found to seek discovery that is overbroad, undul

VII. Request for Response We respectfully request that you respond to this letter no later than June 8, 2022, so that we may schedule the proposed meet-and-confer session during the week of June 6–10, 2022. Given the June 15, 2022 deadline referenced in your May 27 letter, time is of the essence, and we believe it is in both parties' interests to engage in a meaningful dialogue before any motion is filed. Cascade rem