FILED: NEW YORK COUNTY CLERK 11/06/ :00 PM INDEX NO /2015 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/06/2015

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1 FILED: NEW YORK COUNTY CLERK 11/06/ :00 PM INDEX NO /2015 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/06/2015 SUPREME COURT FOR THE STATE OF NEW YORK COUNTY OF NEW YORK x AXON US CORP., Plaintiff, Index No.: /2015 -against- ANDY CHORNG-JIIN CHEN, YIYU WEN, CHUNCHING YU and JVA GLOBAL LLC PLAINTIFF S FIRST SET OF INTERROGATORIES ON ANDY CHORNG-JIIN CHEN Defendants x Plaintiff Axon US Corp. ( Axon ) requests that Defendant Andy Chorng-Jiin Chen answer the following interrogatories under oath in accordance with CPLR Rule 3133 within 20 days after service of these interrogatories: DEFINITIONS 1. You and Your refers to Defendant Andy Chorng-Jiin Chen. 2. The Answer refers to the Answer filed in this action by Defendants, dated September 23, Axon refers to Axon US Corp. 4. "Document" means any written, recorded, or graphic material of any kind, whether prepared by you or by any other person, that is in your possession, custody, or control. The term includes agreements; contracts; letters; telegrams; inter-office communications; memoranda; reports; records; instructions; specifications; notes; notebooks; scrapbooks; diaries; plans; drawings; sketches; blueprints; diagrams; photographs; photocopies; charts; graphs; descriptions; drafts, whether or not they resulted in a final document; minutes of meetings, conferences, and telephone or other conversations or communications; invoices; purchase orders; bills of lading; recordings; published or unpublished speeches or articles; publications; transcripts of telephone conversations; phone mail; electronic-mail; ledgers; financial statements;

2 microfilm; microfiche; tape or disc recordings; and computer print-outs. The term "document" also includes electronically stored data from which information can be obtained either directly or by translation through detection devices or readers; any such document is to be produced in a reasonably legible and usable form. The term "document" includes all drafts of a document and all copies that differ in any respect from the original, including any notation, underlining, marking, or information not on the original. The term also includes information stored in, or accessible through, computer or other information retrieval systems (including any computer archives or back-up systems), together with instructions and all other materials necessary to use or interpret such data compilations. INTERROGATORIES 1. Identify the basis for the information and belief as stated in the 103 of the Answer, including any documents or conversations. 2. Provide a copy of all documents identified in answer to Interrogatory #1. 3. For all conversations identified in answer to Interrogatory #1, identify the date and time of the conversations, individuals who participate in the conversations, location of the conversations, individuals who were present during the conversation, the subject of the conversations, and what was said during the conversations. 4. Identify the basis for the information and belief as stated in the 104 of the Answer, including any documents or conversations. 5. Provide a copy of all documents identified in answer to Interrogatory #4. 6. For all conversations identified in answer to Interrogatory #4, identify the date and time of the conversations, individuals who participate in the conversations, location of the Page 2 of 10

3 conversations, individuals who were present during the conversation, the subject of the conversations, and what was said during the conversations. 7. Identify the basis for the information and belief as stated in the 105 of the Answer, including any documents or conversations. 8. Provide a copy of all documents identified in answer to Interrogatory #7. 9. For all conversations identified in answer to Interrogatory #7, identify the date and time of the conversations, individuals who participate in the conversations, location of the conversations, individuals who were present during the conversation, the subject of the conversations, and what was said during the conversations. 10. Identify with specificity all actions taken against you by Axon comprising of the extensive course of retaliation and harassment as alleged in 106 of the Answer. 11. For each specific action indicate and identify: a. The date and time of the action; b. The individuals who participated in the action; c. The nature of the action; d. Individuals who witnessed the action; e. Any documents you possess pertaining to the action. 12. Indicate the date that you first experienced emotional distress arising out of the allegations contained in the Answer. 13. Identify each specific action taken by Axon which caused you emotional distress, and for each specific action indicate: a. The date and time of the action; b. The individuals who participated in the action; Page 3 of 10

4 c. The nature of the action; d. Individuals who witnessed the action; e. Any records or evidence pertaining to the action. 14. Identify each person who can compare your emotional condition prior to and following the conduct which caused the emotional distress. 15. Set forth the amount of compensation to which you claim to be entitled to as a result of the alleged emotional distress experience. 16. Set forth the method by which you calculated the amount to which you claim to be entitled to as a result of such emotional distress. 17. State whether you have obtained any psychiatric treatment as a result of any emotional distress suffered as a result of the conduct alleged in the Answer. 18. If you obtained psychiatric care as a result of any emotional distress that you suffered, set forth the: a. Dates of such treatment; b. Nature of treatment received; c. Identity of each person who rendered treatment; d. The cost of the treatment received. 19. Indicate if you are a member of JVA Global LLC. 20. Indicate if you are a founding member of JVA Global LLC. 21. Indicate if Yiyu Wen was a member of JVA Global LLC. 22. Indicate if Yiyu Wen was a founding member of JVA Global LLC. 23. Indicate if Chunching Yu was a member of JVA Global LLC. 24. Indicate if Chunching Yu was a founding member of JVA Global LLC. Page 4 of 10

5 25. Indicate when you intended to form JVA Global LLC. 26. Indicate when you began participating in the establishing of JVA Global LLC. 27. Indicate if you were an employee of Axon at the time you decided to form JVA Global LLC. 28. Indicate when JVA Global LLC was founded. 29. Indicate when you and Yiyu Wen first disussed the establishment of JVA Global LLC. 30. Indicate when you and Chunching Yu first met in regards to the establishment of JVA Global LLC. 31. Indicate JVA Global LLC s current online sales volume. 32. Indicate JVA Global LLC s current total sales volume. 33. Indicate JVA Global LLC s online sales volume as of June Indicate JVA Global LLC s total sales volume as of June Indicate the total number of employees, including officers, JVA Global LLC currently employs. 36. Indicate the number of employees, including officers, JVA Global LLC employed as of June What is your role in JVA Global LLC. 38. What services do you perform on behalf of JVA Global LLC? 39. Indicate your tasks and responsibilities as Business Development Specialist while working for Axon. 40. Indicate if you were promoted during your time at Axon, and if so, what position you were promoted to. Page 5 of 10

6 41. Identify your starting annual salary while working at Axon. 42. Indicate your annual salary just prior to the termination of your employment at Axon. 43. Identify what data or information you had access to while you were employed at Axon. 44. Specifically identify whether you had access to: a. The password and log-in information for Axon s online Amazon account; b. The password and log-in information for Axon s other e-commerce portals; c. The data Axon used to determine pricing for products; d. Spreadsheets maintained by Axon concerning its customer lists; e. Spreadsheets maintained by Axon concerning its revenue; f. The algorithm Axon used to determine pricing for shipping and handling of products; g. The data Axon used to determine pricing for shipping and handling of products; h. Information collected regarding all of Axon s customers, including contact information and purchase history; i. The identity and contact information for all of Axon s suppliers; j. The price at which Axon purchased goods from its suppliers; 45. Indicate whether or not you disclosed any of the information to which you had access to in the prior interrogatory to Yiyu Wen, or any other person who was not an employee of Axon. 46. If the answer to the prior interrogatory is yes, provide: Page 6 of 10

7 a. The name and contact information of the person such information was disclosed to; b. The dates and times of such disclosure; c. The form and method of disclosure; d. A copy of the communication. 47. Indicate the tasks and responsibilities of Yiyu Wen with respect to Axon. 48. Identify what data or information Yiyu Wen had access to while he was employed at Axon. 49. Indicate whether or not you believe Axon was engaged in the purchase or selling of counterfeit goods 50. Indicate whether or not you informed any individuals that Axon was engaged in the purchase or selling of counterfeit goods. 51. For the previous interrogatory, if the answer is yes, provide: a. The date(s) and times of such communications; b. The individuals involved in such communications; c. The form of such communications ( , oral, WeChat, etc.); d. Individuals who were present during such communications; e. A copy of each such communication. 52. Indicate whether or not you informed any individuals that his/her employment with Axon was about to be terminated. 53. For the previous interrogatory, if the answer is yes, provide: a. The date(s) and times of such communications; b. The individuals involved in such communications; Page 7 of 10

8 c. The form of such communications ( , oral, WeChat, etc.); d. Individuals who were present during such communications; e. The basis of the information and belief that the individual s employment with Axon was about to be terminated; f. A copy of each such communication. 54. Indicate whether or not you informed any individuals that Axon s lease with its place of business was about to be terminated. 55. For the previous interrogatory, if the answer is yes, provide: a. The date(s) and times of such communications; b. The individuals involved in such communications; c. The form of such communications ( , oral, WeChat, etc.); d. Individuals who were present during such communications; e. The basis of the information and belief about that fact; f. A copy of each such communication. 56. Provide a copy of all correspondence between you and Yiyu Wen, including any correspondence from you or Yiyu Wen were CCed or BCCed, that took place from March 2015 to June Provide a copy of all correspondence between you and Chunching Yu, including any correspondence from you or Yiyu Wen were CCed or BCCed, that took place from March 2015 to June Provide a copy of all communications received from or sent to Yiyu Wen from March 2015 to June 2015, including any messages sent via , text, WeChat, or other program or application. Page 8 of 10

9 59. Provide a copy of all communications received from or sent to Chunching Yu from March 2015 to June 2015, including any messages sent via , text, WeChat, or other program or application. 60. Provide a copy of all documents exchanged between you and Yiyu Wen from March 2015 to June Provide a copy of all documents exchanged between you and Chunching Yu from March 2015 to June Dated: New York, New York November 6, 2015 Yours, etc., DAI & ASSOCIATES, P.C. By: /s/ Jacob Chen Jacob Chen, Esq. Attorneys for Axon US Corp Broadway, Suite 2200 New York, New York (212) jchen@daiassociates.com Page 9 of 10

10 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: /2015 AXON US CORP. -against- Plaintiff, ANDY CHORNG-JIIN CHEN, YIYU WEN, CHUNCHING YU and JVA GLOBAL LLC Defendants. INTERROGATORIES ON ANDY CHORNG-JIIN CHEN DAI & ASSOCIATES, P.C Times Square Plaza 1500 Broadway, 22 nd Floor New York, New York Tel: (212) Fax: (212) Page 10 of 10