1012-00005 · Stonefield Logistics Group · Dormancy & Monitoring

quarterly-docket-check-q4-2024.docx DOCUMENT Litigation

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CALDERWOOD & HARKNESS LLP 200 Park Avenue, 38th Floor New York, New York 10166

QUARTERLY DOCKET CHECK REPORT — Q4 2024

This document constitutes privileged and confidential attorney work product prepared in anticipation of and in connection with ongoing litigation. It is protected from disclosure by the attorney-client privilege, the work product doctrine, and all other applicable privileges. This document should not be disclosed, copied, or distributed to any person outside of Calderwood & Harkness LLP and authorized client personnel without the prior written approval of the responsible partner, Samuel Eklund.

1. Purpose and Scope of Report

This report constitutes the quarterly docket check for the fourth quarter of calendar year 2024, covering the period from October 1, 2024 through December 31, 2024. The docket check was performed pursuant to the case dormancy protocol established in the Internal Memorandum — Case Dormancy Protocol, dated April 15, 2024, authored by Patrick Gallagher, Lead Associate. That memorandum requires that, for any case designated as dormant under the firm's litigation management protocols, a comprehensive review of the electronic docket and all related filings, court orders, and notices be conducted on a quarterly basis and documented in a written report to the supervising associate or responsible partner.

The scope of this report encompasses a review of the PACER electronic docket for Case No. 22-cv-07841, Vantor Holdings Corp. v. Stonefield Logistics Group Inc., pending before the Honorable Margaret T. Calloway in the United States District Court for the Southern District of New York. The review was conducted on January 3, 2025 and covers all docket entries, filings, and orders recorded during the Q4 2024 reporting period. In addition, this report accounts for any related filings, court orders, correspondence, or notices received by Calderwood & Harkness LLP through any channel — including CM/ECF notifications, U.S. mail, email, or other means of service — during the same period.

The prior quarterly docket check, covering Q3 2024 (July 1, 2024 through September 30, 2024), was completed and reported on October 7, 2024. That report likewise confirmed no docket activity during the Q3 2024 period. The Q2 2024 docket check, covering April 1, 2024 through June 30, 2024, was the first quarterly report prepared under the dormancy protocol and was completed on July 8, 2024, with the same finding of no activity. Accordingly, this Q4 2024 report represents the third consecutive quarterly report confirming a complete absence of docket activity.

2. Docket Review Summary

The following summarizes the results of the electronic docket review conducted for this reporting period:

The last docket entry, Docket Entry No. 147, is a Minute Entry reflecting the appearance of Nikolai Vantorovich, individually, in his capacity as Chief Executive Officer and Founder of Vantor Holdings Corp., pro se, at the Order to Show Cause hearing held before the Honorable Margaret T. Calloway on February 12, 2024. The Minute Entry further reflects the Court's order granting a 60-day extension — rather than the 90 days requested by Mr. Vantorovich — for Vantor Holdings Corp. to retain substitute counsel, establishing a new deadline of April 12, 2024.

Findings for Q4 2024 (October 1, 2024 – December 31, 2024):

A thorough review of the electronic docket, as well as a review of the firm's internal records, CM/ECF notification log, and physical mail log for the matter, confirms the following:

• No new filings by any party. Neither plaintiff Vantor Holdings Corp. nor any affiliated entity, including Vantor Transport Services LLC (a co-plaintiff that was voluntarily dismissed from the action on March 3, 2023), has filed any document with the Court during the reporting period. Similarly, no filings have been made on behalf of defendant Stonefield Logistics Group Inc.

• No new counsel has entered an appearance on behalf of Vantor Holdings Corp. or Vantor Transport Services LLC. Since the withdrawal of Caldwell Royce & Shapiro LLP on October 18, 2023, no attorney or law firm has filed a Notice of Appearance, application for admission pro hac vice, or any other document purporting to represent plaintiff in this action.

• No court orders, scheduling orders, or sua sponte orders have been entered. Judge Calloway's chambers has not issued any orders of any kind during the reporting period, including but not limited to orders to show cause, administrative orders, orders of dismissal, or amended scheduling orders.

• No motions, letters, or correspondence have been filed on the docket. No party or non-party has filed any motion, letter-motion, pre-motion letter, or other correspondence with the Court.

• No notices of any kind have been filed. No notice of related case, notice of change of address, notice of settlement, notice of voluntary dismissal, or any other notice has been filed on the docket during the Q4 2024 period.

In summary, the docket for Case No. 22-cv-07841 remains entirely dormant, with no activity of any kind during the fourth quarter of 2024.

3. Chronological Summary of Inactivity Period

To provide context for the current dormant status of the case, the following chronological timeline sets forth the key events and milestones leading to and characterizing the period of inactivity:

October 3, 2023 — Caldwell Royce & Shapiro LLP ("CRS"), lead counsel for plaintiff Vantor Holdings Corp., filed a Motion to Withdraw as Counsel (Docket Entry No. 131). The motion was filed by Harrison Caldwell and Meredith Shapiro and cited irreconcilable differences between CRS and its client, Vantor Holdings Corp. While the specific details of the attorney-client dispute were largely redacted from the publicly filed version of the motion, the docket entry and associated exhibits suggested the existence of a significant fee dispute. Publicly available portions of the supporting declaration indicated that approximately $870,000 in CRS invoices remained unpaid by Vantor at the time of the motion, and that CRS had made repeated demands for payment over a period of several months without resolution.

October 18, 2023 — The Court granted CRS's Motion to Withdraw (Docket Entry No. 135). In its order, Judge Calloway permitted the withdrawal of Harrison Caldwell, Meredith Shapiro, and all other CRS attorneys of record for Vantor Holdings Corp. The Court ordered Vantor to retain new counsel and file a Notice of Appearance within sixty (60) days — establishing a deadline of December 17, 2023. The Court further ordered that all remaining discovery deadlines and dispositive motion deadlines were stayed pending the entry of appearance by new counsel for the plaintiff, so as to avoid prejudice to any party arising from the hiatus in representation.

December 17, 2023 — The 60-day deadline for Vantor to retain new counsel expired. No new counsel entered an appearance on behalf of Vantor Holdings Corp. No filing of any kind was made by Vantor or on its behalf requesting an extension of the deadline.

January 8, 2024 — Calderwood & Harkness LLP, on behalf of defendant Stonefield Logistics Group Inc., filed a letter to Judge Calloway (Docket Entry No. 139), drafted by Samuel Eklund, Responsible Partner. The letter noted plaintiff's failure to comply with the Court's October 18, 2023 order requiring retention of new counsel by December 17, 2023, and respectfully requested that the Court schedule a status conference and/or consider dismissal of Vantor's claims for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The letter cited the prejudice to Stonefield resulting from the indefinite stay of proceedings and the uncertainty regarding the status of the case.

January 22, 2024 — The Court issued an Order to Show Cause (Docket Entry No. 142) directing Vantor Holdings Corp. to appear before the Court and show cause why its claims should not be dismissed for failure to prosecute under FRCP 41(b). The Order set a return date of February 12, 2024 and directed that the Order be served upon Nikolai Vantorovich, as CEO and registered agent of Vantor Holdings Corp., by both first-class mail and email at the addresses on file.

February 12, 2024 — Nikolai Vantorovich appeared pro se at the Order to Show Cause hearing before Judge Calloway (Docket Entry No. 147, Minute Entry). Mr. Vantorovich represented to the Court that he was in active discussions with prospective counsel and requested a 90-day extension to finalize an engagement. The Court granted a reduced extension of 60 days, establishing a new deadline of April 12, 2024 for the filing of a Notice of Appearance by new counsel. It bears noting — as was discussed in the firm's contemporaneous memoranda — that Vantor Holdings Corp. is a New York corporation and, as such, cannot appear or prosecute claims pro se in federal court. Corporate entities must be represented by licensed counsel. See Rowland v. California Men's Colony, 506 U.S. 194, 201–02 (1993); Lattanzio v. COMTA, 481 F.3d 137, 139–40 (2d Cir. 2007). Mr. Vantorovich's pro se appearance at the hearing was permissible only for the limited purpose of responding to the Order to Show Cause; Vantor cannot file pleadings, motions, or otherwise litigate the case through Mr. Vantorovich individually.

April 12, 2024 — The 60-day extension deadline imposed by Judge Calloway expired. No new counsel filed a Notice of Appearance on behalf of Vantor Holdings Corp. No filing of any kind was made on the docket. No communication was received from Mr. Vantorovich or any prospective counsel.

April 12, 2024 – January 6, 2025 — No docket activity whatsoever. The case has been entirely dormant since the expiration of the April 12, 2024 deadline. As of the date of this report, the case has been inactive for approximately 268 days (approximately 8 months and 25 days) since the April 12, 2024 deadline expired, and approximately 328 days (approximately 10 months and 25 days) since the last actual docket entry on February 12, 2024. The case is now approaching one full calendar year of complete inactivity, a milestone that carries significant procedural and strategic implications, as discussed further in Section 7 below.

4. Status of discovery and Case Management Deadlines

The Case Management Order entered by Judge Calloway on February 17, 2023 (Docket Entry No. 58) established the following case management deadlines. All deadlines are currently stayed pursuant to the Court's October 18, 2023 order granting CRS's withdrawal, which provided that all remaining discovery and dispositive motion deadlines would be stayed pending the appearance of new counsel for plaintiff.

With respect to each of these deadlines, the following observations are relevant:

Fact discovery (Deadline: September 29, 2023). The fact discovery deadline expired prior to the stay order. Fact discovery was substantially completed before the stay took effect on October 18, 2023. All document productions were exchanged, and the majority of fact depositions were taken. However, one significant outstanding item remains: the deposition of Nikolai Vantorovich, CEO of Vantor Holdings Corp. Judge Calloway issued an order on September 22, 2023 (Docket Entry No. 127) directing that Mr. Vantorovich's deposition be completed by October 20, 2023, following a dispute regarding his availability. This deposition was never taken due to CRS's filing of the Motion to Withdraw on October 3, 2023 and the subsequent stay of all deadlines. Mr. Vantorovich's deposition remains outstanding.

Expert discovery (Deadline: January 12, 2024). Expert discovery was partially completed prior to the stay. Stonefield's rebuttal expert, Dr. Evelyn Rosser of Kensington Analytics Group LLC, served her final rebuttal expert report on August 25, 2023, addressing damages methodology and quantum. Vantor's affirmative expert report, prepared by Dr. Martin Aldrich of Compass Economic Consulting, was served on July 14, 2023. While both expert reports were exchanged, expert depositions were never scheduled or completed due to the intervening events. The depositions of both Dr. Rosser and Dr. Aldrich remain outstanding.

Dispositive Motions (Deadline: March 1, 2024). No dispositive motions were filed prior to the stay. A comprehensive summary judgment roadmap memorandum was prepared internally by Calderwood & Harkness on September 15, 2023, analyzing the grounds for a potential summary judgment motion on Stonefield's behalf. This work product remains preserved and available. The summary judgment motion itself was never filed, initially because the team determined it would be strategically advantageous to await completion of Mr. Vantorovich's deposition, and subsequently because all deadlines were stayed.

All of the foregoing deadlines remain in stayed and indefinite status. No amended scheduling order has been entered, and the Court has not set any new deadlines or indicated any timetable for the resumption of proceedings.

5. Status of Pending or Anticipated Motions

As of the date of this report, no motions are pending on the docket from either party. The following summarizes the status of motions that have been drafted or are under consideration by Calderwood & Harkness:

Draft Motion to Dismiss for Failure to Prosecute (FRCP 41(b)). An internal draft of a motion to dismiss Vantor's claims for failure to prosecute under Federal Rule of Civil Procedure 41(b) was prepared on January 15, 2024 by Patrick Gallagher, Lead Associate, and Simone Laroche, Associate. This draft was prepared in the period following the filing of the Calderwood & Harkness letter to Judge Calloway on January 8, 2024, and in anticipation of possible developments at the February 12, 2024 Order to Show Cause hearing. The draft remains on file in the matter's internal document management system and has not been filed. It has been held in reserve pending further case developments, in light of the strategic determination — made in consultation with Samuel Eklund, Responsible Partner — that immediate filing of the motion should be deferred to allow the Court's own process (the Order to Show Cause and the April 12, 2024 deadline) to run its course. Given the passage of an additional nine months since the April 12, 2024 deadline, the draft motion may require updating and supplementation to reflect the extended period of inactivity and continued non-compliance with the Court's orders, as discussed further in Section 7 below.

Summary Judgment Motion. As noted in Section 4, a comprehensive summary judgment roadmap memorandum was prepared on September 15, 2023. The memorandum identified strong grounds for partial summary judgment on several of Vantor's claims, including the breach of contract claim (Count I) and the tortious interference claim (Count III), while acknowledging that certain factual disputes regarding the unjust enrichment claim (Count II) could present issues for resolution at summary judgment. All underlying work product — including legal memoranda, expert reports, deposition transcripts, key document analyses, and supporting exhibits — remains preserved in the matter file. The summary judgment motion was never filed due to the intervening case dormancy, and it would need to be updated and finalized if and when the case resumes active litigation.

No other motions are pending or under active consideration at this time.

6. Communications and Correspondence During Q4 2024

A review of the firm's records, including the CM/ECF notification log, email correspondence files, physical mail log, and telephone records for Matter No. 1012-00005, confirms the following with respect to communications during the Q4 2024 reporting period:

Communications from Opposing Parties or Counsel. No communications of any kind were received from Vantor Holdings Corp., Vantor Transport Services LLC, Nikolai Vantorovich (individually or in his capacity as CEO or representative of any Vantor entity), or any attorney or law firm purporting to represent any Vantor entity during the fourth quarter of 2024. This extends the period of no contact from the opposing side to over ten months since the last communication — Mr. Vantorovich's appearance at the February 12, 2024 hearing.

Communications from the Court. No communications were received from the Court or from the Chambers of the Honorable Margaret T. Calloway during the reporting period. No CM/ECF notifications were generated for the case during Q4 2024, consistent with the absence of any docket activity. No telephonic or written communications were received from chambers staff.

Third-Party Communications. No communications were received from any third party relating specifically to the litigation docket during the reporting period. This includes, but is not limited to, the absence of any communications from Lakeshore National Bank (including Catherine Devereaux, SVP, Loan Administration), Clarendon Partners LLP (including Robert Farraday, Engagement Partner), or any other stakeholder with an interest in or reporting obligation related to the status of this litigation.

Client Communications. The most recent client communication regarding this matter during the reporting period was the annual litigation status email sent by Samuel Eklund, Responsible Partner, on December 12, 2024. The email was addressed to Tobias Wren, General Counsel of Stonefield Logistics Group Inc., and Priya Ramachandran, Chief Financial Officer of Stonefield Logistics Group Inc., with a copy to Robert Farraday, Engagement Partner at Clarendon Partners LLP (Stonefield's external auditor). The communication was prepared in connection with Stonefield's year-end financial reporting and audit disclosure obligations. In the email, Mr. Eklund characterized the likelihood of a material adverse outcome in the Vantor v. Stonefield litigation as "remote" for purposes of ASC 450 (formerly FAS 5) contingent liability disclosure, based on the extended dormancy of the case, plaintiff's failure to retain counsel, and the strong merits of Stonefield's defenses. This characterization is consistent with the assessment provided in the Q3 2024 quarterly docket check report and in prior communications to the client.

7. Assessment and Observations

Based on the docket review and the foregoing analysis, the following observations and assessments are offered for consideration by the litigation team:

Approaching One-Year Inactivity Milestone. The case is approaching one full calendar year of total inactivity since the last docket entry on February 12, 2024. This milestone is significant for several reasons. First, prolonged inactivity of this magnitude substantially strengthens the grounds for a renewed motion to dismiss for failure to prosecute under Federal Rule of Civil Procedure 41(b). The Second Circuit has identified several factors relevant to the analysis of an involuntary dismissal for failure to prosecute, including: (1) the duration of the plaintiff's failure to comply with court orders or prosecute the action; (2) whether the plaintiff received notice that further delay would result in dismissal; (3) whether the defendant is likely to be prejudiced by further delay; (4) the need to alleviate court congestion balanced against the plaintiff's right to an opportunity for a hearing on the merits; and (5) the efficacy of lesser sanctions. See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001); Drake v. City of New York, 837 Fed. Appx. 81, 83 (2d Cir. 2020). Each of these factors favors dismissal in the present case. Second, courts in the Southern District of New York routinely exercise their inherent authority to dismiss dormant cases sua sponte after extended periods of inactivity, and the approaching one-year mark may prompt Judge Calloway's chambers to take such action independently.

Failure to Retain Substitute Counsel. Vantor Holdings Corp. has failed to retain substitute counsel since Caldwell Royce & Shapiro LLP withdrew as counsel of record on October 18, 2023 — a period of over 14 months. During that time, Vantor has missed two court-imposed deadlines for retaining counsel: the initial December 17, 2023 deadline and the extended April 12, 2024 deadline. The failure to comply with two successive court orders on this point is a particularly significant factor under the LeSane framework and would weigh heavily in support of a motion for involuntary dismissal.

Court Inaction. It is notable that Judge Calloway's chambers has taken no further action following the expiration of the April 12, 2024 deadline. The Court has not issued a second Order to Show Cause, has not scheduled a further status conference, and has not entered any order of dismissal, either with or without prejudice. While the reasons for the Court's inaction are not known, it is possible that the case has simply fallen off the Court's active docket management radar, particularly given the heavy caseload in the Southern District. It is also possible that the Court is waiting for Stonefield to take affirmative action, such as filing a renewed motion to dismiss.

Vantor's Financial Condition. Vantor Holdings Corp.'s financial condition may bear directly on its ability to retain new counsel. At the time of CRS's withdrawal, approximately $870,000 in legal invoices from CRS remained unpaid, suggesting significant financial distress. Publicly available financial information indicates that Vantor's consolidated revenue declined substantially, from approximately $385 million in fiscal year 2021 to approximately $310 million in fiscal year 2022, reflecting in significant part the loss of the Stonefield Logistics contract — which is the subject matter of this litigation — as well as broader market headwinds in the logistics sector. While updated financial data for Vantor is not readily available through public sources, the combination of the unpaid CRS invoices and the revenue decline suggests that Vantor may lack the financial resources to engage competent litigation counsel to prosecute a complex commercial case of this nature, particularly at the advanced stage the case had reached prior to dormancy.

Memorandum — Options for Case Resolution. The foregoing observations and strategic considerations are being analyzed in greater detail in a separate Memorandum — Options for Case Resolution, dated January 10, 2025, currently in preparation by Patrick Gallagher for Samuel Eklund. That memorandum will analyze the full range of strategic options available to Stonefield, including: (a) filing a renewed motion to dismiss for failure to prosecute under FRCP 41(b), updated and supplemented to account for the extended period of inactivity and repeated non-compliance with court orders; (b) continued monitoring under the dormancy protocol without affirmative action, on the theory that the case will eventually be dismissed sua sponte by the Court or effectively abandoned by Vantor; and (c) direct outreach to Nikolai Vantorovich or his representatives to explore the possibility of a negotiated resolution, consent dismissal, or stipulated discontinuance on favorable terms. The recommendations arising from that memorandum will inform the team's course of action going forward.

8. Next Steps and Recommendations

Based on the findings and observations set forth in this report, the following next steps and recommendations are presented for consideration:

1. Continue Quarterly Docket Monitoring. The next scheduled quarterly docket check under the dormancy protocol should be conducted on or about April 7, 2025, covering Q1 2025 (January 1, 2025 through March 31, 2025). The results will be documented in a written report consistent with the format of this and prior quarterly reports.

2. One-Year Inactivity Milestone. Patrick Gallagher and Samuel Eklund should be advised that the approaching one-year anniversary of the last docket entry (February 12, 2025) significantly strengthens the grounds for an involuntary dismissal motion under FRCP 41(b). The prolonged failure to prosecute, combined with Vantor's non-compliance with two separate court orders directing it to retain counsel by specified deadlines — December 17, 2023 and April 12, 2024 — provides a compelling basis for such a motion. The Second Circuit's LeSane factors are substantially satisfied on the current record, and the draft motion prepared in January 2024 should be updated accordingly if the decision is made to proceed.

3. Coordinate with Options Memorandum. The recommendations set forth herein should be read in conjunction with the Memorandum — Options for Case Resolution currently being prepared by Patrick Gallagher, with a target completion date of January 10, 2025. The strategic direction chosen in that memorandum — whether to move affirmatively for dismissal, continue monitoring, or pursue outreach — will inform the scope and focus of the next quarterly docket check and any interim action.

4. Preserve All Work Product. All work product files, expert reports, deposition transcripts, and key document indices must continue to be maintained in preserved status per the dormancy protocol. Specifically, the following materials should remain securely preserved and readily accessible:

(a) Dr. Evelyn Rosser / Kensington Analytics Group LLC final rebuttal expert report, dated August 25, 2023;

(b) Dr. Martin Aldrich / Compass Economic Consulting affirmative expert report (Vantor's expert), dated July 14, 2023;

(d) Summary judgment roadmap memorandum, dated September 15, 2023;

(e) Draft FRCP 41(b) motion to dismiss for failure to prosecute, dated January 15, 2024;

(f) All key document analyses, privilege logs, and document production indices; and

(g) All prior quarterly docket check reports (Q2, Q3, and Q4 2024).

5. Lakeshore National Bank Reporting. Guidance is requested from Patrick Gallagher and/or Samuel Eklund as to whether the next quarterly update to Lakeshore National Bank — specifically, Catherine Devereaux, SVP, Loan Administration — under the litigation reporting obligation contained in Section 6.12 of the Credit Agreement (Ref. LNB-SLG-2017-CA-4402) should be prepared for this cycle, or whether the annual litigation status communication to Clarendon Partners LLP for audit purposes, already sent on December 12, 2024, suffices for this reporting period. If a separate Lakeshore communication is required, a draft will be prepared for review.

9. Report Certification and Sign-Off

This Quarterly Docket Check Report for Q4 2024 has been prepared in accordance with the case dormancy protocol established in the Internal Memorandum — Case Dormancy Protocol, dated April 15, 2024, and is submitted for the review and records of the litigation team.

Prepared by:

________________________________________

Helen Tsao Senior Paralegal Calderwood & Harkness LLP

Date: January 6, 2025

Distribution:

Patrick Gallagher, Lead Associate, Litigation (General)

Copies to File:

Matter No. 1012-00005

NOTICE: This report is privileged and confidential attorney work product prepared in anticipation of and in connection with ongoing litigation in Vantor Holdings Corp. v. Stonefield Logistics Group Inc., Case No. 22-cv-07841 (S.D.N.Y.). The contents of this report are protected by the attorney-client privilege, the work product doctrine, and all other applicable privileges and protections. This report should not be disclosed, reproduced, or distributed to any person outside of Calderwood & Harkness LLP and authorized personnel of Stonefield Logistics Group Inc. without the prior written approval of Samuel Eklund, Responsible Partner. Any inadvertent disclosure of this document does not constitute a waiver of any applicable privilege or protection.

Matter:	Vantor Holdings Corp. v. Stonefield Logistics Group Inc.
Case No.:	22-cv-07841 (S.D.N.Y.)
Court:	United States District Court for the Southern District of New York
Presiding Judge:	Hon. Margaret T. Calloway, U.S.D.J.
C&H Matter No.:	1012-00005
Client:	Stonefield Logistics Group Inc.
Date of Report:	January 6, 2025
Prepared By:	Helen Tsao, Senior Paralegal
Distributed To:	Patrick Gallagher, Lead Associate, Litigation (General)
Classification:	Confidential — Attorney Work Product / Attorney-Client Privileged
Docket Reviewed:	Full electronic docket for Case No. 22-cv-07841, Vantor Holdings Corp. v. Stonefield Logistics Group Inc., via the Public Access to Court Electronic Records (PACER) system, Southern District of New York
Date of Docket Review:	January 3, 2025
Reviewer:	Helen Tsao, Senior Paralegal
Last Docket Entry Identified:	Docket Entry No. 147, dated February 12, 2024
Deadline	Date	Current Status
Fact discovery	September 29, 2023	Expired; discovery substantially completed prior to stay
Expert discovery	January 12, 2024	Stayed; partially completed
Dispositive Motions	March 1, 2024	Stayed; motion not filed

CALDERWOOD & HARKNESS LLP 200 Park Avenue, 38th Floor New York, New York 10166
QUARTERLY DOCKET CHECK REPORT — Q4 2024
This document constitutes privileged and confidential attorney work product prepared in anticipation of and in connection with ongoing litigation. It is protected from disclosure by the attorney-client privilege, the work product doctrine, and all other applicable privileges. This document should not be disclosed, copied, or distributed to any person outside of Calderwood & Harkness LLP and authorized client personnel without the prior written approval of the responsible partner, Samuel Eklund.
1. Purpose and Scope of Report
This report constitutes the quarterly docket check for the fourth quarter of calendar year 2024, covering the period from October 1, 2024 through December 31, 2024. The docket check was performed pursuant to the case dormancy protocol established in the Internal Memorandum — Case Dormancy Protocol, dated April 15, 2024, authored by Patrick Gallagher, Lead Associate. That memorandum requires that, for any case designated as dormant under the firm's litigation management protocols, a comprehensive review of the electronic docket and all related filings, court orders, and notices be conducted on a quarterly basis and documented in a written report to the supervising associate or responsible partner.
The scope of this report encompasses a review of the PACER electronic docket for Case No. 22-cv-07841, Vantor Holdings Corp. v. Stonefield Logistics Group Inc., pending before the Honorable Margaret T. Calloway in the United States District Court for the Southern District of New York. The review was conducted on January 3, 2025 and covers all docket entries, filings, and orders recorded during the Q4 2024 reporting period. In addition, this report accounts for any related filings, court orders, correspondence, or notices received by Calderwood & Harkness LLP through any channel — including CM/ECF notifications, U.S. mail, email, or other means of service — during the same period.
The prior quarterly docket check, covering Q3 2024 (July 1, 2024 through September 30, 2024), was completed and reported on October 7, 2024. That report likewise confirmed no docket activity during the Q3 2024 period. The Q2 2024 docket check, covering April 1, 2024 through June 30, 2024, was the first quarterly report prepared under the dormancy protocol and was completed on July 8, 2024, with the same finding of no activity. Accordingly, this Q4 2024 report represents the third consecutive quarterly report confirming a complete absence of docket activity.
2. Docket Review Summary
The following summarizes the results of the electronic docket review conducted for this reporting period:
The last docket entry, Docket Entry No. 147, is a Minute Entry reflecting the appearance of Nikolai Vantorovich, individually, in his capacity as Chief Executive Officer and Founder of Vantor Holdings Corp., pro se, at the Order to Show Cause hearing held before the Honorable Margaret T. Calloway on February 12, 2024. The Minute Entry further reflects the Court's order granting a 60-day extension — rather than the 90 days requested by Mr. Vantorovich — for Vantor Holdings Corp. to retain substitute counsel, establishing a new deadline of April 12, 2024.
Findings for Q4 2024 (October 1, 2024 – December 31, 2024):
A thorough review of the electronic docket, as well as a review of the firm's internal records, CM/ECF notification log, and physical mail log for the matter, confirms the following:
•  No new filings by any party. Neither plaintiff Vantor Holdings Corp. nor any affiliated entity, including Vantor Transport Services LLC (a co-plaintiff that was voluntarily dismissed from the action on March 3, 2023), has filed any document with the Court during the reporting period. Similarly, no filings have been made on behalf of defendant Stonefield Logistics Group Inc.
•  No new counsel has entered an appearance on behalf of Vantor Holdings Corp. or Vantor Transport Services LLC. Since the withdrawal of Caldwell Royce & Shapiro LLP on October 18, 2023, no attorney or law firm has filed a Notice of Appearance, application for admission pro hac vice, or any other document purporting to represent plaintiff in this action.
•  No court orders, scheduling orders, or sua sponte orders have been entered. Judge Calloway's chambers has not issued any orders of any kind during the reporting period, including but not limited to orders to show cause, administrative orders, orders of dismissal, or amended scheduling orders.
•  No motions, letters, or correspondence have been filed on the docket. No party or non-party has filed any motion, letter-motion, pre-motion letter, or other correspondence with the Court.
•  No notices of any kind have been filed. No notice of related case, notice of change of address, notice of settlement, notice of voluntary dismissal, or any other notice has been filed on the docket during the Q4 2024 period.
In summary, the docket for Case No. 22-cv-07841 remains entirely dormant, with no activity of any kind during the fourth quarter of 2024.
3. Chronological Summary of Inactivity Period
To provide context for the current dormant status of the case, the following chronological timeline sets forth the key events and milestones leading to and characterizing the period of inactivity:
October 3, 2023 — Caldwell Royce & Shapiro LLP ("CRS"), lead counsel for plaintiff Vantor Holdings Corp., filed a Motion to Withdraw as Counsel (Docket Entry No. 131). The motion was filed by Harrison Caldwell and Meredith Shapiro and cited irreconcilable differences between CRS and its client, Vantor Holdings Corp. While the specific details of the attorney-client dispute were largely redacted from the publicly filed version of the motion, the docket entry and associated exhibits suggested the existence of a significant fee dispute. Publicly available portions of the supporting declaration indicated that approximately $870,000 in CRS invoices remained unpaid by Vantor at the time of the motion, and that CRS had made repeated demands for payment over a period of several months without resolution.
October 18, 2023 — The Court granted CRS's Motion to Withdraw (Docket Entry No. 135). In its order, Judge Calloway permitted the withdrawal of Harrison Caldwell, Meredith Shapiro, and all other CRS attorneys of record for Vantor Holdings Corp. The Court ordered Vantor to retain new counsel and file a Notice of Appearance within sixty (60) days — establishing a deadline of December 17, 2023. The Court further ordered that all remaining discovery deadlines and dispositive motion deadlines were stayed pending the entry of appearance by new counsel for the plaintiff, so as to avoid prejudice to any party arising from the hiatus in representation.
December 17, 2023 — The 60-day deadline for Vantor to retain new counsel expired. No new counsel entered an appearance on behalf of Vantor Holdings Corp. No filing of any kind was made by Vantor or on its behalf requesting an extension of the deadline.
January 8, 2024 — Calderwood & Harkness LLP, on behalf of defendant Stonefield Logistics Group Inc., filed a letter to Judge Calloway (Docket Entry No. 139), drafted by Samuel Eklund, Responsible Partner. The letter noted plaintiff's failure to comply with the Court's October 18, 2023 order requiring retention of new counsel by December 17, 2023, and respectfully requested that the Court schedule a status conference and/or consider dismissal of Vantor's claims for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The letter cited the prejudice to Stonefield resulting from the indefinite stay of proceedings and the uncertainty regarding the status of the case.
January 22, 2024 — The Court issued an Order to Show Cause (Docket Entry No. 142) directing Vantor Holdings Corp. to appear before the Court and show cause why its claims should not be dismissed for failure to prosecute under FRCP 41(b). The Order set a return date of February 12, 2024 and directed that the Order be served upon Nikolai Vantorovich, as CEO and registered agent of Vantor Holdings Corp., by both first-class mail and email at the addresses on file.
February 12, 2024 — Nikolai Vantorovich appeared pro se at the Order to Show Cause hearing before Judge Calloway (Docket Entry No. 147, Minute Entry). Mr. Vantorovich represented to the Court that he was in active discussions with prospective counsel and requested a 90-day extension to finalize an engagement. The Court granted a reduced extension of 60 days, establishing a new deadline of April 12, 2024 for the filing of a Notice of Appearance by new counsel. It bears noting — as was discussed in the firm's contemporaneous memoranda — that Vantor Holdings Corp. is a New York corporation and, as such, cannot appear or prosecute claims pro se in federal court. Corporate entities must be represented by licensed counsel. See Rowland v. California Men's Colony, 506 U.S. 194, 201–02 (1993); Lattanzio v. COMTA, 481 F.3d 137, 139–40 (2d Cir. 2007). Mr. Vantorovich's pro se appearance at the hearing was permissible only for the limited purpose of responding to the Order to Show Cause; Vantor cannot file pleadings, motions, or otherwise litigate the case through Mr. Vantorovich individually.
April 12, 2024 — The 60-day extension deadline imposed by Judge Calloway expired. No new counsel filed a Notice of Appearance on behalf of Vantor Holdings Corp. No filing of any kind was made on the docket. No communication was received from Mr. Vantorovich or any prospective counsel.
April 12, 2024 – January 6, 2025 — No docket activity whatsoever. The case has been entirely dormant since the expiration of the April 12, 2024 deadline. As of the date of this report, the case has been inactive for approximately 268 days (approximately 8 months and 25 days) since the April 12, 2024 deadline expired, and approximately 328 days (approximately 10 months and 25 days) since the last actual docket entry on February 12, 2024. The case is now approaching one full calendar year of complete inactivity, a milestone that carries significant procedural and strategic implications, as discussed further in Section 7 below.
4. Status of discovery and Case Management Deadlines
The Case Management Order entered by Judge Calloway on February 17, 2023 (Docket Entry No. 58) established the following case management deadlines. All deadlines are currently stayed pursuant to the Court's October 18, 2023 order granting CRS's withdrawal, which provided that all remaining discovery and dispositive motion deadlines would be stayed pending the appearance of new counsel for plaintiff.
With respect to each of these deadlines, the following observations are relevant:
Fact discovery (Deadline: September 29, 2023). The fact discovery deadline expired prior to the stay order. Fact discovery was substantially completed before the stay took effect on October 18, 2023. All document productions were exchanged, and the majority of fact depositions were taken. However, one significant outstanding item remains: the deposition of Nikolai Vantorovich, CEO of Vantor Holdings Corp. Judge Calloway issued an order on September 22, 2023 (Docket Entry No. 127) directing that Mr. Vantorovich's deposition be completed by October 20, 2023, following a dispute regarding his availability. This deposition was never taken due to CRS's filing of the Motion to Withdraw on October 3, 2023 and the subsequent stay of all deadlines. Mr. Vantorovich's deposition remains outstanding.
Expert discovery (Deadline: January 12, 2024). Expert discovery was partially completed prior to the stay. Stonefield's rebuttal expert, Dr. Evelyn Rosser of Kensington Analytics Group LLC, served her final rebuttal expert report on August 25, 2023, addressing damages methodology and quantum. Vantor's affirmative expert report, prepared by Dr. Martin Aldrich of Compass Economic Consulting, was served on July 14, 2023. While both expert reports were exchanged, expert depositions were never scheduled or completed due to the intervening events. The depositions of both Dr. Rosser and Dr. Aldrich remain outstanding.
Dispositive Motions (Deadline: March 1, 2024). No dispositive motions were filed prior to the stay. A comprehensive summary judgment roadmap memorandum was prepared internally by Calderwood & Harkness on September 15, 2023, analyzing the grounds for a potential summary judgment motion on Stonefield's behalf. This work product remains preserved and available. The summary judgment motion itself was never filed, initially because the team determined it would be strategically advantageous to await completion of Mr. Vantorovich's deposition, and subsequently because all deadlines were stayed.
All of the foregoing deadlines remain in stayed and indefinite status. No amended scheduling order has been entered, and the Court has not set any new deadlines or indicated any timetable for the resumption of proceedings.
5. Status of Pending or Anticipated Motions
As of the date of this report, no motions are pending on the docket from either party. The following summarizes the status of motions that have been drafted or are under consideration by Calderwood & Harkness:
Draft Motion to Dismiss for Failure to Prosecute (FRCP 41(b)). An internal draft of a motion to dismiss Vantor's claims for failure to prosecute under Federal Rule of Civil Procedure 41(b) was prepared on January 15, 2024 by Patrick Gallagher, Lead Associate, and Simone Laroche, Associate. This draft was prepared in the period following the filing of the Calderwood & Harkness letter to Judge Calloway on January 8, 2024, and in anticipation of possible developments at the February 12, 2024 Order to Show Cause hearing. The draft remains on file in the matter's internal document management system and has not been filed. It has been held in reserve pending further case developments, in light of the strategic determination — made in consultation with Samuel Eklund, Responsible Partner — that immediate filing of the motion should be deferred to allow the Court's own process (the Order to Show Cause and the April 12, 2024 deadline) to run its course. Given the passage of an additional nine months since the April 12, 2024 deadline, the draft motion may require updating and supplementation to reflect the extended period of inactivity and continued non-compliance with the Court's orders, as discussed further in Section 7 below.
Summary Judgment Motion. As noted in Section 4, a comprehensive summary judgment roadmap memorandum was prepared on September 15, 2023. The memorandum identified strong grounds for partial summary judgment on several of Vantor's claims, including the breach of contract claim (Count I) and the tortious interference claim (Count III), while acknowledging that certain factual disputes regarding the unjust enrichment claim (Count II) could present issues for resolution at summary judgment. All underlying work product — including legal memoranda, expert reports, deposition transcripts, key document analyses, and supporting exhibits — remains preserved in the matter file. The summary judgment motion was never filed due to the intervening case dormancy, and it would need to be updated and finalized if and when the case resumes active litigation.
No other motions are pending or under active consideration at this time.
6. Communications and Correspondence During Q4 2024
A review of the firm's records, including the CM/ECF notification log, email correspondence files, physical mail log, and telephone records for Matter No. 1012-00005, confirms the following with respect to communications during the Q4 2024 reporting period:
Communications from Opposing Parties or Counsel. No communications of any kind were received from Vantor Holdings Corp., Vantor Transport Services LLC, Nikolai Vantorovich (individually or in his capacity as CEO or representative of any Vantor entity), or any attorney or law firm purporting to represent any Vantor entity during the fourth quarter of 2024. This extends the period of no contact from the opposing side to over ten months since the last communication — Mr. Vantorovich's appearance at the February 12, 2024 hearing.
Communications from the Court. No communications were received from the Court or from the Chambers of the Honorable Margaret T. Calloway during the reporting period. No CM/ECF notifications were generated for the case during Q4 2024, consistent with the absence of any docket activity. No telephonic or written communications were received from chambers staff.
Third-Party Communications. No communications were received from any third party relating specifically to the litigation docket during the reporting period. This includes, but is not limited to, the absence of any communications from Lakeshore National Bank (including Catherine Devereaux, SVP, Loan Administration), Clarendon Partners LLP (including Robert Farraday, Engagement Partner), or any other stakeholder with an interest in or reporting obligation related to the status of this litigation.
Client Communications. The most recent client communication regarding this matter during the reporting period was the annual litigation status email sent by Samuel Eklund, Responsible Partner, on December 12, 2024. The email was addressed to Tobias Wren, General Counsel of Stonefield Logistics Group Inc., and Priya Ramachandran, Chief Financial Officer of Stonefield Logistics Group Inc., with a copy to Robert Farraday, Engagement Partner at Clarendon Partners LLP (Stonefield's external auditor). The communication was prepared in connection with Stonefield's year-end financial reporting and audit disclosure obligations. In the email, Mr. Eklund characterized the likelihood of a material adverse outcome in the Vantor v. Stonefield litigation as "remote" for purposes of ASC 450 (formerly FAS 5) contingent liability disclosure, based on the extended dormancy of the case, plaintiff's failure to retain counsel, and the strong merits of Stonefield's defenses. This characterization is consistent with the assessment provided in the Q3 2024 quarterly docket check report and in prior communications to the client.
7. Assessment and Observations
Based on the docket review and the foregoing analysis, the following observations and assessments are offered for consideration by the litigation team:
Approaching One-Year Inactivity Milestone. The case is approaching one full calendar year of total inactivity since the last docket entry on February 12, 2024. This milestone is significant for several reasons. First, prolonged inactivity of this magnitude substantially strengthens the grounds for a renewed motion to dismiss for failure to prosecute under Federal Rule of Civil Procedure 41(b). The Second Circuit has identified several factors relevant to the analysis of an involuntary dismissal for failure to prosecute, including: (1) the duration of the plaintiff's failure to comply with court orders or prosecute the action; (2) whether the plaintiff received notice that further delay would result in dismissal; (3) whether the defendant is likely to be prejudiced by further delay; (4) the need to alleviate court congestion balanced against the plaintiff's right to an opportunity for a hearing on the merits; and (5) the efficacy of lesser sanctions. See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001); Drake v. City of New York, 837 Fed. Appx. 81, 83 (2d Cir. 2020). Each of these factors favors dismissal in the present case. Second, courts in the Southern District of New York routinely exercise their inherent authority to dismiss dormant cases sua sponte after extended periods of inactivity, and the approaching one-year mark may prompt Judge Calloway's chambers to take such action independently.
Failure to Retain Substitute Counsel. Vantor Holdings Corp. has failed to retain substitute counsel since Caldwell Royce & Shapiro LLP withdrew as counsel of record on October 18, 2023 — a period of over 14 months. During that time, Vantor has missed two court-imposed deadlines for retaining counsel: the initial December 17, 2023 deadline and the extended April 12, 2024 deadline. The failure to comply with two successive court orders on this point is a particularly significant factor under the LeSane framework and would weigh heavily in support of a motion for involuntary dismissal.
Court Inaction. It is notable that Judge Calloway's chambers has taken no further action following the expiration of the April 12, 2024 deadline. The Court has not issued a second Order to Show Cause, has not scheduled a further status conference, and has not entered any order of dismissal, either with or without prejudice. While the reasons for the Court's inaction are not known, it is possible that the case has simply fallen off the Court's active docket management radar, particularly given the heavy caseload in the Southern District. It is also possible that the Court is waiting for Stonefield to take affirmative action, such as filing a renewed motion to dismiss.
Vantor's Financial Condition. Vantor Holdings Corp.'s financial condition may bear directly on its ability to retain new counsel. At the time of CRS's withdrawal, approximately $870,000 in legal invoices from CRS remained unpaid, suggesting significant financial distress. Publicly available financial information indicates that Vantor's consolidated revenue declined substantially, from approximately $385 million in fiscal year 2021 to approximately $310 million in fiscal year 2022, reflecting in significant part the loss of the Stonefield Logistics contract — which is the subject matter of this litigation — as well as broader market headwinds in the logistics sector. While updated financial data for Vantor is not readily available through public sources, the combination of the unpaid CRS invoices and the revenue decline suggests that Vantor may lack the financial resources to engage competent litigation counsel to prosecute a complex commercial case of this nature, particularly at the advanced stage the case had reached prior to dormancy.
Memorandum — Options for Case Resolution. The foregoing observations and strategic considerations are being analyzed in greater detail in a separate Memorandum — Options for Case Resolution, dated January 10, 2025, currently in preparation by Patrick Gallagher for Samuel Eklund. That memorandum will analyze the full range of strategic options available to Stonefield, including: (a) filing a renewed motion to dismiss for failure to prosecute under FRCP 41(b), updated and supplemented to account for the extended period of inactivity and repeated non-compliance with court orders; (b) continued monitoring under the dormancy protocol without affirmative action, on the theory that the case will eventually be dismissed sua sponte by the Court or effectively abandoned by Vantor; and (c) direct outreach to Nikolai Vantorovich or his representatives to explore the possibility of a negotiated resolution, consent dismissal, or stipulated discontinuance on favorable terms. The recommendations arising from that memorandum will inform the team's course of action going forward.
8. Next Steps and Recommendations
Based on the findings and observations set forth in this report, the following next steps and recommendations are presented for consideration:
1.  Continue Quarterly Docket Monitoring. The next scheduled quarterly docket check under the dormancy protocol should be conducted on or about April 7, 2025, covering Q1 2025 (January 1, 2025 through March 31, 2025). The results will be documented in a written report consistent with the format of this and prior quarterly reports.
2.  One-Year Inactivity Milestone. Patrick Gallagher and Samuel Eklund should be advised that the approaching one-year anniversary of the last docket entry (February 12, 2025) significantly strengthens the grounds for an involuntary dismissal motion under FRCP 41(b). The prolonged failure to prosecute, combined with Vantor's non-compliance with two separate court orders directing it to retain counsel by specified deadlines — December 17, 2023 and April 12, 2024 — provides a compelling basis for such a motion. The Second Circuit's LeSane factors are substantially satisfied on the current record, and the draft motion prepared in January 2024 should be updated accordingly if the decision is made to proceed.
3.  Coordinate with Options Memorandum. The recommendations set forth herein should be read in conjunction with the Memorandum — Options for Case Resolution currently being prepared by Patrick Gallagher, with a target completion date of January 10, 2025. The strategic direction chosen in that memorandum — whether to move affirmatively for dismissal, continue monitoring, or pursue outreach — will inform the scope and focus of the next quarterly docket check and any interim action.
4.  Preserve All Work Product. All work product files, expert reports, deposition transcripts, and key document indices must continue to be maintained in preserved status per the dormancy protocol. Specifically, the following materials should remain securely preserved and readily accessible:
(a) Dr. Evelyn Rosser / Kensington Analytics Group LLC final rebuttal expert report, dated August 25, 2023;
(b) Dr. Martin Aldrich / Compass Economic Consulting affirmative expert report (Vantor's expert), dated July 14, 2023;
(c) All fact deposition transcripts, including those of Tobias Wren, Priya Ramachandran, and other Stonefield witnesses;
(d) Summary judgment roadmap memorandum, dated September 15, 2023;
(e) Draft FRCP 41(b) motion to dismiss for failure to prosecute, dated January 15, 2024;
(f) All key document analyses, privilege logs, and document production indices; and
(g) All prior quarterly docket check reports (Q2, Q3, and Q4 2024).
5.  Lakeshore National Bank Reporting. Guidance is requested from Patrick Gallagher and/or Samuel Eklund as to whether the next quarterly update to Lakeshore National Bank — specifically, Catherine Devereaux, SVP, Loan Administration — under the litigation reporting obligation contained in Section 6.12 of the Credit Agreement (Ref. LNB-SLG-2017-CA-4402) should be prepared for this cycle, or whether the annual litigation status communication to Clarendon Partners LLP for audit purposes, already sent on December 12, 2024, suffices for this reporting period. If a separate Lakeshore communication is required, a draft will be prepared for review.
9. Report Certification and Sign-Off
This Quarterly Docket Check Report for Q4 2024 has been prepared in accordance with the case dormancy protocol established in the Internal Memorandum — Case Dormancy Protocol, dated April 15, 2024, and is submitted for the review and records of the litigation team.
Prepared by:
________________________________________
Helen Tsao Senior Paralegal Calderwood & Harkness LLP
Date: January 6, 2025
Distribution:
Patrick Gallagher, Lead Associate, Litigation (General)
Copies to File:
Matter No. 1012-00005
NOTICE: This report is privileged and confidential attorney work product prepared in anticipation of and in connection with ongoing litigation in Vantor Holdings Corp. v. Stonefield Logistics Group Inc., Case No. 22-cv-07841 (S.D.N.Y.). The contents of this report are protected by the attorney-client privilege, the work product doctrine, and all other applicable privileges and protections. This report should not be disclosed, reproduced, or distributed to any person outside of Calderwood & Harkness LLP and authorized personnel of Stonefield Logistics Group Inc. without the prior written approval of Samuel Eklund, Responsible Partner. Any inadvertent disclosure of this document does not constitute a waiver of any applicable privilege or protection.
Matter: | Vantor Holdings Corp. v. Stonefield Logistics Group Inc.
Case No.: | 22-cv-07841 (S.D.N.Y.)
Court: | United States District Court for the Southern District of New York
Presiding Judge: | Hon. Margaret T. Calloway, U.S.D.J.
C&H Matter No.: | 1012-00005
Client: | Stonefield Logistics Group Inc.
Date of Report: | January 6, 2025
Prepared By: | Helen Tsao, Senior Paralegal
Distributed To: | Patrick Gallagher, Lead Associate, Litigation (General)
Classification: | Confidential — Attorney Work Product / Attorney-Client Privileged
Docket Reviewed: | Full electronic docket for Case No. 22-cv-07841, Vantor Holdings Corp. v. Stonefield Logistics Group Inc., via the Public Access to Court Electronic Records (PACER) system, Southern District of New York
Date of Docket Review: | January 3, 2025
Reviewer: | Helen Tsao, Senior Paralegal
Last Docket Entry Identified: | Docket Entry No. 147, dated February 12, 2024
Deadline | Date | Current Status
Fact discovery | September 29, 2023 | Expired; discovery substantially completed prior to stay
Expert discovery | January 12, 2024 | Stayed; partially completed
Dispositive Motions | March 1, 2024 | Stayed; motion not filed

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