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Claire Cochran, Esq. (SBN 222569) and Natalie A. Xifo, Esq. (SBN: 280930)
Law Offices of Claire Cochran, P.C.
100 Pine Street, Suite 1250
San Francisco CA 94111
415.580.6019 ELECTRONICALLY
FILED
Nathan Peter Runyon Superior Court of California,
County of San Francisco
San Francisco
400 McAllister St. 04/16/2020
Clerk of the Court
BY: NEYL WEBB
San Francisco 94102 Deputy Clerk
Civic Center Courthouse
Nathan Peter Runyon
PAYWARD, INC., a California Corporation d/b/a KRAKEN
and KAISER NG an individual; and DOES 1-50
 CGC-19581099
April 29, 2020 10:30 a.m. 610
 Natalie A. Xifo, Esq.
 Plaintiff, Nathan Pete Runyon
11.26.2019


Plaintiff, Nathan P. Runyon is a gay, decorated ex- Marine wartime veteran. He was hired as a Financial Analyst and became the right hand man to Kaiser Ng, Kraken’s
Chief Financial Officer. Over the course of his employment Ng harassed, bullied, yelled and demoralized Runyon because Ng would remind Runyon that he was the only
one on the team that he could talk to in this way because Runyon would not cry or get upset given his time served as Marine and could withstand the treatment.
Nathan Peter Runyon
CGC-19581099
PAYWARD, INC., a California Corporation d/b/a KRAKEN;
and KAISER NG an individual; and DOES 1-50, inclusive
Runyon was wrongfully terminated after he refused to allow the CFO to defraud their own over-worked employees by changing their vesting schedules and award of
shares that did not match what the Board of Directors voting on awarding them. Plaintiff's causes of action include Discrimination in Violation of Govt. Code
12940(veteran status and medical condition/disability), Failure to Engage in Interactive Process, Failure to Accommodate, Retaliation in Violation of Govt. Code 12940,
Failure to Prevent Harassment, Wrongful Termination in Violation of Govt. Code 12940 and 1102.5, Breach of Covenant of Good Faith & Fair Dealing, IIED and
Breach of Contract
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 7
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The amount in controversy exceeds $50,000; CRC Rule 3.811(b)(8)
Nathan Peter Runyon
CGC-19581099
PAYWARD, INC., a California Corporation d/b/a KRAKEN;
and KAISER NG an individual; and DOES 1-50, inclusive
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




Nathan Peter Runyon
CGC-19581099
PAYWARD, INC., a California Corporation d/b/a KRAKEN;
and KAISER NG an individual; and DOES 1-50, inclusive

Payward, Inc d/b/a Kraken v. Nathan Peter Runyon
United States District Court, Northern District of California/SF Oakland Division
3:20-cv-2130
Plaintiff, Payward filed Complaint on March 27, 2020. Defendant to file Motion to Dismiss
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Nathan Peter Runyon
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Plaintiff Depositions of Defendant, Ng, CEO, PMK at Payward May 2020
Request for Production of Documents served May 2020
Special Interrogatories, Request for Admissions June 2020

Plaintiff noticed the deposition of Defendant's CEO and member of the Board of Directors, Jesse Powell for April 2020.
Rather than oppose a motion to quash or motion for protective order, at this time Plaintiff agreed to take the deposition
of Jesse Powell in the future.
Plaintiff may have to file motions to compel to seek documents responsive to the Request for Production of
Documents, Set One served in February.
Plaintiff may have to file a motion to compel to seek records responsive to subpoenas issued to Goodwin Law Firm and
Gunderson Dettmer.
Nathan Peter Runyon
CGC-19581099
PAYWARD, INC., a California Corporation d/b/a KRAKEN;
and KAISER NG an individual; and DOES 1-50, inclusive

Defendant's improper filing of a separate civil complaint in District Court when it should have been filed as a cross
complaint in the San Francisco Superior Court.

It is unclear if the CMC is proceeding as currently scheduled for April 29, 2020 given COVID-19 and court restrictions.
However, the parties have met and conferred with respect to discovery. Plaintiff suggested and Defendants have
declined to engage in a settlement conference or mediation.
The parties have agreed to reschedule the deposition of Messrs. Runyon and Ng for a date to be determined in May
2020.
-0-
April 14, 2020
Claire E. Cochran, Esq.
PROOF OF SERVICE
1
I am a citizen of the United States. My business address is 100 Pine Street Suite
2
1250, San Francisco, CA 94111. I am employed in the county of San Francisco where this
3 service occurs. I am over the age of 18 years and am not a party to the within cause.
On April 14, 2020. I served the following document(s) described as:
4 PLAINTIFF’S CASE MANAGEMENT STATEMENT
BY MAIL: I am readily familiar with my employer’s normal business practice of
5 collection and processing of correspondence for mailing. Under that practice,
6 correspondence is deposited with the U.S. Postal Service that same day in a sealed
envelope(s) with first-class mail postage thereon fully prepaid at San Francisco,
7 California, in the ordinary course of business.
BY FILE & SERVE EXPRESS: I served said document(s) by transmitting true and
8 complete copies of same to each of the parties named below, sending the electronic
9 files to the e-mail addresses they provided through their Internet Service Provider and
E-Mail Programs, using the court-mandated filing electronic filing service, File &
10 Serve Express.
11 BY FAX: I served said document(s) by transmitting via facsimile from facsimile
number (415) 276-1976 to the facsimile number(s) set forth below, or as stated on the
12 attached service list, on this date before 5:00 p.m. A statement that this document was
successfully transmitted without error is hereby attached to the Proof of Service.
13
X BY ELECTRONIC SERVICE: I served said document(s) by transmitting true and
14 complete copies of same to each of the parties named below, sending the electronic
files to the e-mail addresses they provided through their Internet Service Provider.
15
BY OVERNIGHT DELIVERY: I caused such envelope(s) to be delivered on the
16 same day to an authorized courier or driver or to a regular box or other facility
regularly maintained by FEDERAL EXPRESS with delivery fees provided for,
17 addressed to the person(s) on whom it is to be served.
18 Pierce Bainbridge Beck Price & Hecht LLP
Andrew E. Calderon
19 Christopher N. LaVigne
355 South Grand Avenue, 44th Floor
20 Los Angeles, California 90071
21 acalderon@piercebainbridge.com
clavigne@piercebainbridge.com
22
I declare under penalty of perjury under the laws of the State of California that
23 the above is true and correct. Executed on April 14, 2020, at San Francisco,
California.
24
25 _____________________________
Natalie A. Xifo
26
27
28 Page | 2
PROOF OF SERVICE
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Claire Cochran, Esq. (SBN 222569) and Natalie A. Xifo, Esq. (SBN: 280930) Law Offices of Claire Cochran, P.C. 100 Pine Street, Suite 1250 San Francisco CA 94111 415.580.6019 ELECTRONICALLY FILED Nathan Peter Runyon Superior Court of California, County of San Francisco San Francisco 400 McAllister St. 04/16/2020 Clerk of the Court BY: NEYL WEBB San Francisco 94102 Deputy Clerk Civic Center Courthouse Nathan Peter Runyon PAYWARD, INC., a California Corporation d/b/a KRAKEN and KAISER NG an individual; and DOES 1-50  CGC-19581099 April 29, 2020 10:30 a.m. 610  Natalie A. Xifo, Esq.  Plaintiff, Nathan Pete Runyon 11.26.2019   Plaintiff, Nathan P. Runyon is a gay, decorated ex- Marine wartime veteran. He was hired as a Financial Analyst and became the right hand man to Kaiser Ng, Kraken’s Chief Financial Officer. Over the course of his employment Ng harassed, bullied, yelled and demoralized Runyon because Ng would remind Runyon that he was the only one on the team that he could talk to in this way because Runyon would not cry or get upset given his time served as Marine and could withstand the treatment. Nathan Peter Runyon CGC-19581099 PAYWARD, INC., a California Corporation d/b/a KRAKEN; and KAISER NG an individual; and DOES 1-50, inclusive Runyon was wrongfully terminated after he refused to allow the CFO to defraud their own over-worked employees by changing their vesting schedules and award of shares that did not match what the Board of Directors voting on awarding them. Plaintiff's causes of action include Discrimination in Violation of Govt. Code 12940(veteran status and medical condition/disability), Failure to Engage in Interactive Process, Failure to Accommodate, Retaliation in Violation of Govt. Code 12940, Failure to Prevent Harassment, Wrongful Termination in Violation of Govt. Code 12940 and 1102.5, Breach of Covenant of Good Faith & Fair Dealing, IIED and Breach of Contract    7    The amount in controversy exceeds $50,000; CRC Rule 3.811(b)(8) Nathan Peter Runyon CGC-19581099 PAYWARD, INC., a California Corporation d/b/a KRAKEN; and KAISER NG an individual; and DOES 1-50, inclusive       Nathan Peter Runyon CGC-19581099 PAYWARD, INC., a California Corporation d/b/a KRAKEN; and KAISER NG an individual; and DOES 1-50, inclusive  Payward, Inc d/b/a Kraken v. Nathan Peter Runyon United States District Court, Northern District of California/SF Oakland Division 3:20-cv-2130 Plaintiff, Payward filed Complaint on March 27, 2020. Defendant to file Motion to Dismiss  Nathan Peter Runyon  Plaintiff Depositions of Defendant, Ng, CEO, PMK at Payward May 2020 Request for Production of Documents served May 2020 Special Interrogatories, Request for Admissions June 2020  Plaintiff noticed the deposition of Defendant's CEO and member of the Board of Directors, Jesse Powell for April 2020. Rather than oppose a motion to quash or motion for protective order, at this time Plaintiff agreed to take the deposition of Jesse Powell in the future. Plaintiff may have to file motions to compel to seek documents responsive to the Request for Production of Documents, Set One served in February. Plaintiff may have to file a motion to compel to seek records responsive to subpoenas issued to Goodwin Law Firm and Gunderson Dettmer. Nathan Peter Runyon CGC-19581099 PAYWARD, INC., a California Corporation d/b/a KRAKEN; and KAISER NG an individual; and DOES 1-50, inclusive  Defendant's improper filing of a separate civil complaint in District Court when it should have been filed as a cross complaint in the San Francisco Superior Court.  It is unclear if the CMC is proceeding as currently scheduled for April 29, 2020 given COVID-19 and court restrictions. However, the parties have met and conferred with respect to discovery. Plaintiff suggested and Defendants have declined to engage in a settlement conference or mediation. The parties have agreed to reschedule the deposition of Messrs. Runyon and Ng for a date to be determined in May 2020. -0- April 14, 2020 Claire E. Cochran, Esq. PROOF OF SERVICE 1 I am a citizen of the United States. My business address is 100 Pine Street Suite 2 1250, San Francisco, CA 94111. I am employed in the county of San Francisco where this 3 service occurs. I am over the age of 18 years and am not a party to the within cause. On April 14, 2020. I served the following document(s) described as: 4 PLAINTIFF’S CASE MANAGEMENT STATEMENT BY MAIL: I am readily familiar with my employer’s normal business practice of 5 collection and processing of correspondence for mailing. Under that practice, 6 correspondence is deposited with the U.S. Postal Service that same day in a sealed envelope(s) with first-class mail postage thereon fully prepaid at San Francisco, 7 California, in the ordinary course of business. BY FILE & SERVE EXPRESS: I served said document(s) by transmitting true and 8 complete copies of same to each of the parties named below, sending the electronic 9 files to the e-mail addresses they provided through their Internet Service Provider and E-Mail Programs, using the court-mandated filing electronic filing service, File & 10 Serve Express. 11 BY FAX: I served said document(s) by transmitting via facsimile from facsimile number (415) 276-1976 to the facsimile number(s) set forth below, or as stated on the 12 attached service list, on this date before 5:00 p.m. A statement that this document was successfully transmitted without error is hereby attached to the Proof of Service. 13 X BY ELECTRONIC SERVICE: I served said document(s) by transmitting true and 14 complete copies of same to each of the parties named below, sending the electronic files to the e-mail addresses they provided through their Internet Service Provider. 15 BY OVERNIGHT DELIVERY: I caused such envelope(s) to be delivered on the 16 same day to an authorized courier or driver or to a regular box or other facility regularly maintained by FEDERAL EXPRESS with delivery fees provided for, 17 addressed to the person(s) on whom it is to be served. 18 Pierce Bainbridge Beck Price & Hecht LLP Andrew E. Calderon 19 Christopher N. LaVigne 355 South Grand Avenue, 44th Floor 20 Los Angeles, California 90071 21 acalderon@piercebainbridge.com clavigne@piercebainbridge.com 22 I declare under penalty of perjury under the laws of the State of California that 23 the above is true and correct. Executed on April 14, 2020, at San Francisco, California. 24 25 _____________________________ Natalie A. Xifo 26 27 28 Page | 2 PROOF OF SERVICE