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  • Bruce Kim v. Xp Securities, Llc, N/K/A Xp Investments Us, Llc, Xp Investimentos S.A., Pedro Henrique Cristoforo Da Silveira Commercial Division document preview
  • Bruce Kim v. Xp Securities, Llc, N/K/A Xp Investments Us, Llc, Xp Investimentos S.A., Pedro Henrique Cristoforo Da Silveira Commercial Division document preview
						
                                

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FILED: NEW YORK COUNTY CLERK 06/02/2020 09:54 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/02/2020 SUPREME COURT OF THE STATE OF NEW YORK UCS-840C 3/2011 COUNTY OF New York x Index No. 651341/2020 BRUCE KIM RJI No. (if any) Plaintiff(s)/Petitioner(s) -against- XP Securities LLC n/k/a XP Investments US, LLC et. al. COMMERCIAL DIVISION Defendant(s)/Respondent(s) Request for Judicial Intervention Addendum COMPLETE WHERE APPLICABLE [add additional pages if needed]: Plaintiff/Petitioner's cause(s) of action [check all that apply]: Breach of contract or fiduciary duty, fraud, misrepresentation, business tort (e.g. unfair competition), or statutory and/or common law violation where the breach or violation is alleged to arise out of business dealings (e.g. sales of assets or securities; corporate restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and employment agreements not including claims that principally involve alleged discriminatory practices) O Transactions governed by the Uniform Commercial Code (exclusive of those concerning individual cooperative or condominium units) 0 Transactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent only 0 Shareholder derivative actions — without consideration of the monetary threshold 0 Commercial class actions — without consideration of the monetary threshold 0 Business transactions involving or arising out of dealings with commercial banks and other financial institutions 0 Internal affairs of business organizations O Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters 0 Environmental insurance coverage 0 Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business interruption coverage) 0 Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures — without consideration of the monetary threshold 0 Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR Article 75 involving any of the foregoing enumerated commercial issues — without consideration of the monetary threshold Plaintiff/Petitioner's claim for compensatory damages [exclusive of punitive damages, interest, costs and counsel fees claimed]: $ 43 million Plaintiff/Petitioner's claim for equitable or declaratory relief [brief description]: A declaration that the termination of his employment was not "for cau " as understood pursuant to the Agreement. Defendant/Respondent's counterclaim(s) [brief description, including claim for monetary relief]: No counterd aims have been filed at this time. I REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. I CERTIFY THAT THE CASE MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH IN 22 NYCRR § 202.70(a), (b) AND (c). Dated : 06/02/2020 SIGNATURE Brian S. Choi PRINT OR TYPE NAME 1 of 1