Issue link: http://read.uberflip.com/i/452393
~ R E P O R T PAGE7 How to Contact USMX Mailing Addresses USMX, LTD. 485C US Highway i South Suite 100 Iselin, NJ 08830 FAX: 732-750-0587 USMX, LTD. 7 East Congress Street Suite 502 Savannah, GA 31401 FAX: 912-236-1174 E-Mail Addresses Phone Numbers James A. Capo Chairman & CEO jcapo@usmx.com 732404-2961 Ole A. Sweedlund 732404-2962 Executive Vice President & COO osweedlund@usmx.com B r i a n E . D u g a n 7 3 2 4 0 4 - 2 9 6 3 Vice President, Labor Relations bdugan@usmx.com Thomas P. Sullivan Director, Labor Relations tsullivan@usmx.com 732404-2964 Beth Monica 732404-2965 Corporate Secretary/Executive Assistant bmonica@usmx.com Kim Perez Administrative Assistant kperez@usmx.com 732404-2966 Roberta Beasley 912-236-1055 South Atlantic District Contract Administrator rbeasley@usmx.com C a n d a c e L o v e 9 1 2 - 2 3 6 - 1 0 5 5 Secretary, South Atlantic District clove@usmx.com USMX on the Web: www.usmx.com PORT OF DISCOVERY (continued Ikom Page 3) At the Feblaaary 22 hearing, the court directed the parties to engage in settlement negotiations regarding NYSA's liquidated-damages claim. The parties had productive discussions concerning a liquidated-damages approach that would apply different liquidated-damage amounts for different types of container repairs and would be consistent with the governing law. Unfortunately, Local 1804-1 conditioned its agreement to that approach on NYSA's withdrawing its action concerning the validity of the underlying arbitration award. NYSA would not agree to that condition and has advised the court that the parties have been unable to resolve the liquidated-damages dispute. After the court was notified that the settlement negotiations were unsuccessful, the court indicated that it would finally decide NYSA's motion for summm'y judgment. However, before the court could laale, Local 1804-1 made several new arguments questioning the court's subject-matter jurisdiction to adjudicate NYSA's liquidated- damages claim. The parties just completed briefing the jurisdictional issues raised by Local 1804-1, and are awaiting the court's decision concerning the liquidated-damages provision.

