Samuel,
**THIS COMMUNICATION IS MADE PURSUANT TO FEDERAL RULE OF EVIDENCE 408 AND IS INTENDED SOLELY FOR PURPOSES OF SETTLEMENT DISCUSSION. IT IS NOT AN ADMISSION OF ANY FACT, CLAIM, OR LIABILITY.**
I am writing with respect to the above-captioned matter, pending before the Hon. Margaret T. Calloway, U.S.D.J. As you are aware, fact discovery under the Case Management Order has effectively concluded, and the parties have exchanged expert reports — our Trask Greystone report was served on May 15, and your Kensington Analytics rebuttal followed on August 25. The case is now proceeding toward expert depositions and, ultimately, dispositive motions under the March 1, 2024 deadline.
I have had the opportunity to discuss this matter at length with my client and Mr. Vantorovich, and Vantor would be open to discussing a resolution of this dispute short of further litigation. Both sides have devoted considerable resources to this case over the past year, and while we remain confident in the merits of our claims, we recognize that a negotiated resolution — if achievable on appropriate terms — could serve the interests of both parties. I appreciate that the parties undertook the executive negotiation process under Section 16 of the TSA prior to suit, including the in-person session on May 16, 2022 and the telephonic follow-up on June 3, but the circumstances have evolved meaningfully since then given the development of the factual record through discovery.
With that in mind, I would propose that the parties engage in a formal mediation before a mutually agreeable neutral mediator, ideally within the next 45 to 60 days. A session in the mid-November to mid-December timeframe should be workable without disrupting the current case schedule or pending expert discovery deadlines. I am happy to discuss mediator candidates at your convenience and would welcome any suggestions from your side as well.
I hope we can explore this constructively. Please feel free to call me at your convenience if you would like to discuss.
Best regards,
**Harrison Caldwell** Partner Caldwell Royce & Shapiro LLP 1 Liberty Plaza, 22nd Floor New York, New York 10006 T: (212) 554-8100 F: (212) 554-8101 hcaldwell@caldwellroyce.com
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