Harrison,
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 record has yet to be finalized. Moreover, while the parties have exchanged expert reports — Dr. Trask's opening report and Dr. Rosser's rebuttal — neither side has yet had the full opportunity to assess the complete record in the context of the anticipated dispositive motion practice, with the March 1, 2024 deadline still some months away. In our view, meaningful settlement discussions are best undertaken when the parties have a more complete evidentiary record before them and a clearer picture of their respective positions.
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 welcome the conversation.
In the meantime, please do not hesitate to reach out regarding any procedural matters that may arise.
Best regards,
Samuel Eklund Partner, Litigation Calderwood & Harkness LLP 200 Park Avenue, 38th Floor New York, NY 10166 Tel: (212) 554-6200 Email: seklund@calderwoodharkness.com
---
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain information that is confidential, privileged, or otherwise protected from disclosure under applicable law. If you are not the intended recipient, or have received this message in error, please immediately notify the sender by reply email and delete this message and all copies. Any unauthorized review, use, disclosure, or distribution of this communication is strictly prohibited. This communication may also constitute a confidential settlement communication subject to the protections of Federal Rule of Evidence 408.