Contract analysis

I. Introduction and Purpose We write on behalf of our clients, defendants Thalassa Shipping & Logistics SA ("TSL") and Aegean Fortuna Shipholding Ltd. ("Aegean Fortuna," and together with TSL, "Defendants"), in the above-captioned action pending before Justice Lorraine K. Chen in Part 49 of the Commercial Division of the Supreme Court of the State of New York, New York County. This letter is written by Carlos Espinoz

II. Background on the Relevance of the Eastbourne Sub-Charter Documents The sub-charter documents at issue are central to the claims and defenses in this litigation. We briefly summarize the relevant factual background to underscore why the deficiencies in Northwind's production are both prejudicial and indefensible. On or about December 3, 2020, Northwind entered into a thirty-six (36) month time charter-party with

III. TSL's Specific Document Requests at Issue TSL's First RFP, served on January 22, 2024, included the following requests that are directly at issue in this letter. We summarize them here for ease of reference and to provide a clear roadmap of the specific deficiencies in Northwind's responses: Request No. 14: The complete, unredacted sub-charter agreement between Northwind and Eastbourne Bulk Carriers Ltd. for the

IV. Deficiencies in Northwind's Production Northwind's document production of March 8, 2024 has been materially deficient with respect to each of the categories described above. We detail the specific deficiencies as follows. A. Sub-Charter Agreement Produced Only in Partially Redacted Form (Request No. 14) Northwind produced a copy of the Eastbourne sub-charter agreement in response to Request No. 14, but the produc

V. Governing Legal Standards The legal standards governing document discovery in this action are clear and well-established, and they compel the conclusion that Northwind's production deficiencies must be remedied. CPLR § 3101(a) mandates "full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof." The phrase "material and necessary" is to be "i

VI. Meet and Confer This letter constitutes a good-faith meet-and-confer communication as required by Commercial Division Rule 14 and the Court's discovery protocols, including the standing orders of Justice Chen. Defendants have identified the specific deficiencies in Northwind's production, the factual and legal basis for the requested supplemental production, and the governing legal standards. We note that the par

VII. Reservation of Rights and Motion to Compel In the event that Northwind fails to provide a satisfactory written response by April 16, 2024, or fails to complete a supplemental production in compliance with its discovery obligations by April 30, 2024, Defendants will promptly move to compel production of all sub-charter documents identified in this letter pursuant to CPLR § 3124 and will seek an appropriate order

VIII. Closing We remain willing to discuss this matter by telephone or in person in an effort to resolve this discovery dispute without the need for court intervention. Mr. Espinoza can be reached directly at (212) 540-7148 or by email at cespinoza@calderwoodharkness.com. We are hopeful that a prompt and complete supplemental production will render motion practice unnecessary. A copy of this letter is being provided