Contract analysis

I. Plaintiff's Complete discovery Default As detailed in the November 3, 2022 letter and reiterated here for the record, on July 1, 2022, Nexford served upon Plaintiff, through your office, Defendant Nexford Industrial Holdings Inc.'s First Set of Interrogatories to Plaintiff (consisting of ten (10) interrogatories) and Defendant Nexford Industrial Holdings Inc.'s First Request for Production of Documents to Plaintif

II. Communication Breakdown with Plaintiff's Counsel The failure to respond to Nexford's written discovery is compounded by the breakdown in communications between our respective offices. The last substantive communication received by Calderwood & Harkness LLP from you was an email dated October 14, 2022, in which you acknowledged receipt of Nexford's discovery responses, which had been served by our office on June 2

III. Prejudice to Nexford and the Court's Scheduling Order Plaintiff's discovery default is not occurring in a vacuum. It is causing direct and measurable prejudice to Nexford's ability to prepare its defense and to comply with the deadlines established by the Court. At the Initial Case Management Conference held on April 28, 2022, before the Honorable Judge Helena R. Vasquez-Torres, the Court established a discovery

IV. Demand for Immediate Compliance Nexford hereby demands that Plaintiff serve complete, verified responses to Defendant Nexford Industrial Holdings Inc.'s First Set of Interrogatories (all ten (10) interrogatories) and complete responses, including the production of all responsive documents, to Defendant Nexford Industrial Holdings Inc.'s First Request for Production of Documents (all eighteen (18) requests) within

V. Notice of Intent to Seek Judicial Intervention, Including Sanctions Please be advised that if Plaintiff fails to serve complete responses to both Nexford's First Set of Interrogatories and First Request for Production of Documents within the fourteen-day period set forth above, Nexford will promptly file a Motion to Compel discovery responses with the Circuit Court of Cook County. In connection with any such motio

VI. Preservation of Rights This letter is sent in a good-faith effort to resolve the current discovery dispute without court intervention, consistent with the meet-and-confer obligations imposed by the Illinois Supreme Court Rules, including Illinois Supreme Court Rule 201(k). Nothing in this letter, and no prior or subsequent communication regarding these matters, shall be construed as a waiver by Nexford of any rig

VII. Request for Immediate Response Mr. Hess, I strongly urge you to contact the undersigned immediately upon receipt of this letter to discuss the status of Plaintiff's discovery responses and to arrange for the prompt production of all outstanding discovery. Resolution of this matter through cooperation between counsel is far preferable to motion practice, and Nexford remains willing to engage in a reasonable meet-