Preview
CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 1 of 7 Trans ID: LCV20231976687
ZEFF LAW FIRM, LLC
Gregg L. Zeff, Esquire # 042531988
Eva C. Zelson, Esquire # 153832015
Derek J. Demeri, Esquire #363922021
100 Century Parkway, Suite 160
Mt. Laurel, NJ 08054
(856) 778-9700 (t)
(609)534-0992 (f)
Gzeff@glzefflaw.com Attorneys for Plaintiff
MICHAEL CIMINERA : SUPERIOR COURT OF NEW JERSEY
Plaintiff, : CAMDEN COUNTY
:
v. : LAW DIVISION
:
: CIVIL ACTION
BANDAI NAMCO TOYS
&COLLECTIBLES AMERICA INC.
23 Odyssey, Irvine, CA 92618, USA
And
CYNTHIA NISHIMOTO, Esq.
23 Odyssey, Irvine, CA 92618, USA
And,
BANDAI NAMCO HOLDINGS, INC.,
5-37-8 Shiba, Tokyo
Tokyo 108-0014, Japan
Defendants. : JURY TRIAL DEMANDED
COMPLAINT
PARTIES
1. Plaintiff Michael Ciminera (“Plaintiff”) is a resident of the State of New Jersey.
2. Defendant Bandai Namco Toys & Collectibles America Inc. (“Bandai”) is a corporation with
headquarters in Tokyo, Japan.
3. Defendant Cynthia Nishimoto (“Nishimoto”) is Senior Vice President & Legal Affairs/Human
Resources for Bandai.
4. Defendant Bandai Namco Holdings, Inc. (“Bandai Holdings”) is a holding company of Bandai
and a corporation with headquarters in Tokyo, Japan. At all times relevant hereto, Bandai
Holdings directed and controlled all actions of Bandai and its employees.
CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 2 of 7 Trans ID: LCV20231976687
5. Defendant Bandai is an “employer” with the definition of Conscientious Employee Protection
Act (“CEPA”), N.J.S.A. § 34:19-2, and the New Jersey Law Against Discrimination
(“NJLAD”), N.J.S.A. § 10:55.
6. At all times relevant hereto, Plaintiff Ciminera worked for Bandai primarily from his home in
New Jersey.
7. At all times relevant hereto, Plaintiff Ciminera had permission and consent of Bandai to work
from his New Jersey home.
8. At all times relevant hereto, Bandai has and continues to conduct business in the State of New
Jersey.
9. At all times relevant hereto, Bandai treated Plaintiff Ciminera as an employee in New Jersey.
JURISDICTION AND VENUE
10. Jurisdiction is properly laid in this Court as Defendant Bandai is subject to personal jurisdiction
in the State of New Jersey by virtue of doing business and having employees working and
living in New Jersey.
11. Moreover, Plaintiff’s cause of action arises out of Defendant’s acts or omissions, some of
which occurred in New Jersey.
STATEMENT OF FACTS
12. Plaintiff began working for Defendant in November of 2014 as the Vice President of Sales.
13. At all times relevant hereto, since Plaintiff’s employment began his work performance has
been at least satisfactory, if not superior.
14. In or around October or November, 2022 one of Plaintiff’s subordinates, Scott Klauder
informed Plaintiff that the new CEO of the company, Steve Fujimura (“Fujimura”) brandished
a gun at Scott Klauder while on Bandai property.
15. Plaintiff reasonably believed that Fujimura’s brandishing of a gun on Bandai property violated
the law and Bandai policy.
16. As a result of learning of this allegation by Scott Klauder, Plaintiff reported the incident to
Defendant Nishimoto.
17. Within weeks, Fujimura was fired as a result of bringing the gun to work.
18. Fujimura was replaced by new CEO, Kotaro Hama, and a new COO, Teppei Nooki.
19. At the time of Fujimura’s termination, Plaintiff was well qualified to be the COO of Bandai
but was not considered for the position because he is not Japanese, he is older, and because of
his protected complaint about Fujimura.
20. Almost immediately upon the new CEO and COO taking over, Plaintiffs job duties began to
change. For example, his order management team was reduced in his organizational table.
Many processes for purchasing were reorganized without his knowledge or input. Individuals
within his chain of command began communicating with the CEO and COO without his
knowledge, consent, or input.
21. Prior to his complaint about Fujimura, the organization included weekly and bi-weekly
meetings of top executives including Plaintiff.
22. Prior to these weekly and bi-weekly meetings, Plaintiff would meet with his superior to
preview, prepare, and discuss the presentations he would make.
CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 3 of 7 Trans ID: LCV20231976687
23. Subsequent to his complaints about Fujimura, no such pre-meetings have occurred.
24. Instead, Plaintiff presents at the meetings and is then questioned in a hostile manner by the
entire executive committee.
25. Plaintiff has little to no communication with his current superior- the CEO or the COO.
26. Recently, Plaintiff was informed that he would not be receiving a raise even though his
performance was excellent.
27. Plaintiff has consistently received raises and bonuses throughout his career.
28. Upon learning he would not receive a raise, Plaintiff questioned the reason or reasons for not
receiving a raise.
29. As part of this inquiry, he met with Nishimoto, Senior Vice President & Legal Affairs/Human
Resources for Bandai.
30. At a meeting with Nishimoto on April 12, 2023, Nishimoto indicated that Plaintiff should not
be worried about raises because he makes a lot of money, and at his age he should consider
retirement rather than worry about raises.
31. Vice President of Human Resources, Wayne Anderson (“Anderson”) called Plaintiff after this
meeting and said he overheard some of what was being said.
32. Anderson told Plaintiff that after Plaintiff’s meeting with Nishimoto, Anderson met with
Nishimoto and told her that if what he heard her say to Plaintiff was correct, that Nishimoto
may be discriminating against Plaintiff based on his age.
33. Subsequently, after complaining in writing, Plaintiff met with the CEO and COO relating to
these matters.
34. After this meeting, Plaintiff was presented with a confidential separation and release agreement
and given until May 18, 2023 to resign.
35. Plaintiff refused to resign.
36. The entire management and executive team above Plaintiff’s position are either Japanese
nationals or of Japanese origin.
37. Plaintiff is the highest-ranking Caucasian American within the organization.
38. Plaintiff has observed that younger workers are treated more favorable at the company than
older workers, including workers within his own team and organization.
39. Plaintiff has also observed that any person of Japanese nationality or descent is given
preferential treatment.
40. Based on Plaintiff’s work performance and history, Plaintiff should have been promoted to the
position of COO instead of the current COO.
41. Plaintiff was asked to resign because of his age, nationality, and for engaging in protected
activity.
COUNT I
N.J.S.A. 10:5-12
HOSTILE WORK ENVIORNMENT: NATIONALITY
(Plaintiff v. Bandai)
CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 4 of 7 Trans ID: LCV20231976687
42. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs
of this Complaint as if fully set forth herein.
43. By and through its course of conduct as alleged herein, Bandai discriminated against and
continues to discriminate against Plaintiff by allowing him to be subjected to a hostile work
environment based on nationality.
44. Defendant’s actions violate NJLAD.
45. Defendant’s conduct was intentional, deliberate, willful and conducted in a callous disregard
of the rights of Plaintiff.
46. As a direct and proximate result of Plaintiff’s illegal discrimination, Plaintiff is suffering, will
continue to suffer severe harm, and is entitled to all legal and equitable remedies available
under NJLAD, including but not limited to compensatory damages and punitive damages in
amounts to be determined at trial.
47. Plaintiff is further entitled to an award of reasonable attorneys’ fees and costs and any other
relief that this Court deems just and proper under the circumstances.
COUNT II
N.J.S.A. 10:5-12
HOSTILE WORK ENVIORNMENT: AGE
(Plaintiff v. Bandai)
48. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs
of this Complaint as if fully set forth herein.
49. By and through its course of conduct as alleged herein, Bandai discriminated against and
continues to discriminate against Plaintiff by allowing him to be subjected to a hostile work
environment based on age.
50. Defendant’s actions violate NJLAD.
51. Defendant’s conduct was intentional, deliberate, willful and conducted in a callous disregard
of the rights of Plaintiff.
52. As a direct and proximate result of Plaintiff’s illegal discrimination, Plaintiff is suffering, will
continue to suffer severe harm, and is entitled to all legal and equitable remedies available
under NJLAD, including but not limited to compensatory damages and punitive damages in
amounts to be determined at trial.
53. Plaintiff is further entitled to an award of reasonable attorneys’ fees and costs and any other
relief that this Court deems just and proper under the circumstances.
COUNT III
N.J.S.A. 10:5-12
DISPARATE TREATMENT: NATIONALITY AND AGE
(Plaintiff v. Bandai)
54. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs
of this Complaint as if fully set forth herein.
CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 5 of 7 Trans ID: LCV20231976687
55. By and through its course of conduct as alleged herein, Bandai has treated differently based
on nationality and age.
56. Defendant has failed to provide Plaintiff with the same business opportunities, including but
not limited to promotional, financial and training opportunities provided to similarly situated
persons of Japanese descent.
57. Defendant’s actions violate NJLAD.
58. Defendant’s conduct was intentional, deliberate, willful and conducted in a callous disregard
of the rights of Plaintiff.
59. As a direct and proximate result of Plaintiff’s illegal discrimination, Plaintiff is suffering, will
continue to suffer severe harm, and is entitled to all legal and equitable remedies available
under NJLAD, including but not limited to compensatory damages and punitive damages in
amounts to be determined at trial.
60. Plaintiff is further entitled to an award of reasonable attorneys’ fees and costs and any other
relief that this Court deems just and proper under the circumstances.
COUNT IV
N.J.S.A. 10:5-12
NJLAD RETALIATION
(Plaintiff v. Bandai)
61. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs
of this Complaint as if fully set forth herein.
62. By and through its course of conduct as alleged herein, Bandai retaliated against and continues
to retaliate against Plaintiff by allowing him to be subjected to a hostile work environment
based on nationality and age.
63. Defendant’s actions violate NJLAD.
64. Defendant’s conduct was intentional, deliberate, willful and conducted in a callous disregard
of the rights of Plaintiff.
65. As a direct and proximate result of Plaintiff’s illegal discrimination, Plaintiff is suffering, will
continue to suffer severe harm, and is entitled to all legal and equitable remedies available
under NJLAD, including but not limited to compensatory damages and punitive damages in
amounts to be determined at trial.
66. Plaintiff is further entitled to an award of reasonable attorneys’ fees and costs and any other
relief that this Court deems just and proper under the circumstances.
COUNT V
N.J.S.A. 34:19-3
CONSCIENTIOUS EMPLOYEE PROTECTION ACT
(Plaintiff v. Bandai)
67. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs
of this Complaint if fully set forth herein.
CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 6 of 7 Trans ID: LCV20231976687
68. Plaintiff reported concerns with Defendant about the CEO bringing a gun to work.
69. By and through the course of that conduct, Plaintiff had described a violation of company
policy and law that was protected activity under CEPA.
70. By and through its course of conduct as alleged, Defendant violated “CEPA” by creating a
hostile work environment, attempting to force Plaintiff to resign, and failing to promote him
to COO.
71. A casual connection between Plaintiff’s whistle blowing activity and Defendant’s adverse
employment action exists by and through Defendant’s course of conduct as alleged herein.
COUNTY VI
AIDING AND ABETTING
Plaintiff v. Defendant Nishimoto & Defendant Bandai Holding
72. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs
of the Complaint as if fully set forth herein.
73. By and through its course of conduct as alleged herein, Defendant Nishimoto and Defendant
Bandai Holding aided and abetting Defendant Bandai’s unlawful activity contrary to NJLAD.
74. Defendants’ actions violate the New Jersey Law Against Discrimination (NJLAD).
75. Defendants’ conduct was intentional, deliberate, willful, and conducted in callous disregard of
the protected rights of Plaintiffs.
76. Defendants had no legitimate, nondiscriminatory or non-retaliatory reason for their actions.
77. As a direct and proximate result of Defendant’s illegal discrimination, Plaintiff has suffered
and will continue to suffer severe harm, and is entitled to all legal and equitable remedies
available under the NJLAD, including, but not limited to, compensatory and punitive damages,
in amounts to be determined at trial.
78. Plaintiff is further entitled to an award of reasonable attorney’s fees and costs and any other
relief that this Court deems just and proper under the circumstances.
ZEFF LAW FIRM, LLC
/s/Gregg L. Zeff, Esq.
Gregg L. Zeff, Esq.
Eva C. Zelson, Esq.
Derek J. Demeri, Esq.
Attorneys for Plaintiff
Dated: June 29, 2023
JURY DEMAND AND TRIAL COUNSEL DESIGNATION
Please take notice that Plaintiff hereby demands a trial by jury as to all issues and that
pursuant to rule 4:25-4, Gregg L. Zeff, Esquire, is hereby designated as trial counsel in the above
captioned matter on behalf of The Zeff Law Firm, LLC.
CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 7 of 7 Trans ID: LCV20231976687
CERTIFICATION
I certify pursuant to Rule 4:5-1 that I know of no other proceedings pending or that are
contemplating in any court or arbitration proceeding that concerns this subject matter and know of
no other parties that need be joined with action.
Dated: June 29, 2023
ZEFF LAW FIRM, LLC
/s/Gregg L. Zeff, Esq.
Gregg L. Zeff, Esq.
Attorneys for Plaintiff
CAM-L-001874-23 06/29/2023
CAM-L-001874-23 06/29/20234:11:10
4:11:10PM
PM Pg 1 of 1 Trans
TransID:
ID:LCV20231976687
LCV20231976687
Civil Case Information Statement
Case Details: CAMDEN | Civil Part Docket# L-001874-23
Case Caption: CIMINERA MICHAEL VS BANDAI NAMCO Case Type: CIVIL RIGHTS
TOYS & COLLECT Document Type: Complaint with Jury Demand
Case Initiation Date: 06/29/2023 Jury Demand: YES - 12 JURORS
Attorney Name: GREGG L ZEFF Is this a professional malpractice case? NO
Firm Name: ZEFF LAW FIRM, LLC Related cases pending: NO
Address: 100 CENTURY PKWY STE160 If yes, list docket numbers:
MT LAUREL NJ 08054 Do you anticipate adding any parties (arising out of same
Phone: 8567789700 transaction or occurrence)? NO
Name of Party: PLAINTIFF : Ciminera, Michael Does this case involve claims related to COVID-19? NO
Name of Defendant’s Primary Insurance Company
(if known): None Are sexual abuse claims alleged by: Michael Ciminera? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? YES
If yes, is that relationship: Employer/Employee
Does the statute governing this case provide for payment of fees by the losing party? YES
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
06/29/2023 /s/ GREGG L ZEFF
Dated Signed
Preview
CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 1 of 7 Trans ID: LCV20231976687 ZEFF LAW FIRM, LLC Gregg L. Zeff, Esquire # 042531988 Eva C. Zelson, Esquire # 153832015 Derek J. Demeri, Esquire #363922021 100 Century Parkway, Suite 160 Mt. Laurel, NJ 08054 (856) 778-9700 (t) (609)534-0992 (f) Gzeff@glzefflaw.com Attorneys for Plaintiff MICHAEL CIMINERA : SUPERIOR COURT OF NEW JERSEY Plaintiff, : CAMDEN COUNTY : v. : LAW DIVISION : : CIVIL ACTION BANDAI NAMCO TOYS &COLLECTIBLES AMERICA INC. 23 Odyssey, Irvine, CA 92618, USA And CYNTHIA NISHIMOTO, Esq. 23 Odyssey, Irvine, CA 92618, USA And, BANDAI NAMCO HOLDINGS, INC., 5-37-8 Shiba, Tokyo Tokyo 108-0014, Japan Defendants. : JURY TRIAL DEMANDED COMPLAINT PARTIES 1. Plaintiff Michael Ciminera (“Plaintiff”) is a resident of the State of New Jersey. 2. Defendant Bandai Namco Toys & Collectibles America Inc. (“Bandai”) is a corporation with headquarters in Tokyo, Japan. 3. Defendant Cynthia Nishimoto (“Nishimoto”) is Senior Vice President & Legal Affairs/Human Resources for Bandai. 4. Defendant Bandai Namco Holdings, Inc. (“Bandai Holdings”) is a holding company of Bandai and a corporation with headquarters in Tokyo, Japan. At all times relevant hereto, Bandai Holdings directed and controlled all actions of Bandai and its employees. CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 2 of 7 Trans ID: LCV20231976687 5. Defendant Bandai is an “employer” with the definition of Conscientious Employee Protection Act (“CEPA”), N.J.S.A. § 34:19-2, and the New Jersey Law Against Discrimination (“NJLAD”), N.J.S.A. § 10:55. 6. At all times relevant hereto, Plaintiff Ciminera worked for Bandai primarily from his home in New Jersey. 7. At all times relevant hereto, Plaintiff Ciminera had permission and consent of Bandai to work from his New Jersey home. 8. At all times relevant hereto, Bandai has and continues to conduct business in the State of New Jersey. 9. At all times relevant hereto, Bandai treated Plaintiff Ciminera as an employee in New Jersey. JURISDICTION AND VENUE 10. Jurisdiction is properly laid in this Court as Defendant Bandai is subject to personal jurisdiction in the State of New Jersey by virtue of doing business and having employees working and living in New Jersey. 11. Moreover, Plaintiff’s cause of action arises out of Defendant’s acts or omissions, some of which occurred in New Jersey. STATEMENT OF FACTS 12. Plaintiff began working for Defendant in November of 2014 as the Vice President of Sales. 13. At all times relevant hereto, since Plaintiff’s employment began his work performance has been at least satisfactory, if not superior. 14. In or around October or November, 2022 one of Plaintiff’s subordinates, Scott Klauder informed Plaintiff that the new CEO of the company, Steve Fujimura (“Fujimura”) brandished a gun at Scott Klauder while on Bandai property. 15. Plaintiff reasonably believed that Fujimura’s brandishing of a gun on Bandai property violated the law and Bandai policy. 16. As a result of learning of this allegation by Scott Klauder, Plaintiff reported the incident to Defendant Nishimoto. 17. Within weeks, Fujimura was fired as a result of bringing the gun to work. 18. Fujimura was replaced by new CEO, Kotaro Hama, and a new COO, Teppei Nooki. 19. At the time of Fujimura’s termination, Plaintiff was well qualified to be the COO of Bandai but was not considered for the position because he is not Japanese, he is older, and because of his protected complaint about Fujimura. 20. Almost immediately upon the new CEO and COO taking over, Plaintiffs job duties began to change. For example, his order management team was reduced in his organizational table. Many processes for purchasing were reorganized without his knowledge or input. Individuals within his chain of command began communicating with the CEO and COO without his knowledge, consent, or input. 21. Prior to his complaint about Fujimura, the organization included weekly and bi-weekly meetings of top executives including Plaintiff. 22. Prior to these weekly and bi-weekly meetings, Plaintiff would meet with his superior to preview, prepare, and discuss the presentations he would make. CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 3 of 7 Trans ID: LCV20231976687 23. Subsequent to his complaints about Fujimura, no such pre-meetings have occurred. 24. Instead, Plaintiff presents at the meetings and is then questioned in a hostile manner by the entire executive committee. 25. Plaintiff has little to no communication with his current superior- the CEO or the COO. 26. Recently, Plaintiff was informed that he would not be receiving a raise even though his performance was excellent. 27. Plaintiff has consistently received raises and bonuses throughout his career. 28. Upon learning he would not receive a raise, Plaintiff questioned the reason or reasons for not receiving a raise. 29. As part of this inquiry, he met with Nishimoto, Senior Vice President & Legal Affairs/Human Resources for Bandai. 30. At a meeting with Nishimoto on April 12, 2023, Nishimoto indicated that Plaintiff should not be worried about raises because he makes a lot of money, and at his age he should consider retirement rather than worry about raises. 31. Vice President of Human Resources, Wayne Anderson (“Anderson”) called Plaintiff after this meeting and said he overheard some of what was being said. 32. Anderson told Plaintiff that after Plaintiff’s meeting with Nishimoto, Anderson met with Nishimoto and told her that if what he heard her say to Plaintiff was correct, that Nishimoto may be discriminating against Plaintiff based on his age. 33. Subsequently, after complaining in writing, Plaintiff met with the CEO and COO relating to these matters. 34. After this meeting, Plaintiff was presented with a confidential separation and release agreement and given until May 18, 2023 to resign. 35. Plaintiff refused to resign. 36. The entire management and executive team above Plaintiff’s position are either Japanese nationals or of Japanese origin. 37. Plaintiff is the highest-ranking Caucasian American within the organization. 38. Plaintiff has observed that younger workers are treated more favorable at the company than older workers, including workers within his own team and organization. 39. Plaintiff has also observed that any person of Japanese nationality or descent is given preferential treatment. 40. Based on Plaintiff’s work performance and history, Plaintiff should have been promoted to the position of COO instead of the current COO. 41. Plaintiff was asked to resign because of his age, nationality, and for engaging in protected activity. COUNT I N.J.S.A. 10:5-12 HOSTILE WORK ENVIORNMENT: NATIONALITY (Plaintiff v. Bandai) CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 4 of 7 Trans ID: LCV20231976687 42. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of this Complaint as if fully set forth herein. 43. By and through its course of conduct as alleged herein, Bandai discriminated against and continues to discriminate against Plaintiff by allowing him to be subjected to a hostile work environment based on nationality. 44. Defendant’s actions violate NJLAD. 45. Defendant’s conduct was intentional, deliberate, willful and conducted in a callous disregard of the rights of Plaintiff. 46. As a direct and proximate result of Plaintiff’s illegal discrimination, Plaintiff is suffering, will continue to suffer severe harm, and is entitled to all legal and equitable remedies available under NJLAD, including but not limited to compensatory damages and punitive damages in amounts to be determined at trial. 47. Plaintiff is further entitled to an award of reasonable attorneys’ fees and costs and any other relief that this Court deems just and proper under the circumstances. COUNT II N.J.S.A. 10:5-12 HOSTILE WORK ENVIORNMENT: AGE (Plaintiff v. Bandai) 48. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of this Complaint as if fully set forth herein. 49. By and through its course of conduct as alleged herein, Bandai discriminated against and continues to discriminate against Plaintiff by allowing him to be subjected to a hostile work environment based on age. 50. Defendant’s actions violate NJLAD. 51. Defendant’s conduct was intentional, deliberate, willful and conducted in a callous disregard of the rights of Plaintiff. 52. As a direct and proximate result of Plaintiff’s illegal discrimination, Plaintiff is suffering, will continue to suffer severe harm, and is entitled to all legal and equitable remedies available under NJLAD, including but not limited to compensatory damages and punitive damages in amounts to be determined at trial. 53. Plaintiff is further entitled to an award of reasonable attorneys’ fees and costs and any other relief that this Court deems just and proper under the circumstances. COUNT III N.J.S.A. 10:5-12 DISPARATE TREATMENT: NATIONALITY AND AGE (Plaintiff v. Bandai) 54. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of this Complaint as if fully set forth herein. CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 5 of 7 Trans ID: LCV20231976687 55. By and through its course of conduct as alleged herein, Bandai has treated differently based on nationality and age. 56. Defendant has failed to provide Plaintiff with the same business opportunities, including but not limited to promotional, financial and training opportunities provided to similarly situated persons of Japanese descent. 57. Defendant’s actions violate NJLAD. 58. Defendant’s conduct was intentional, deliberate, willful and conducted in a callous disregard of the rights of Plaintiff. 59. As a direct and proximate result of Plaintiff’s illegal discrimination, Plaintiff is suffering, will continue to suffer severe harm, and is entitled to all legal and equitable remedies available under NJLAD, including but not limited to compensatory damages and punitive damages in amounts to be determined at trial. 60. Plaintiff is further entitled to an award of reasonable attorneys’ fees and costs and any other relief that this Court deems just and proper under the circumstances. COUNT IV N.J.S.A. 10:5-12 NJLAD RETALIATION (Plaintiff v. Bandai) 61. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of this Complaint as if fully set forth herein. 62. By and through its course of conduct as alleged herein, Bandai retaliated against and continues to retaliate against Plaintiff by allowing him to be subjected to a hostile work environment based on nationality and age. 63. Defendant’s actions violate NJLAD. 64. Defendant’s conduct was intentional, deliberate, willful and conducted in a callous disregard of the rights of Plaintiff. 65. As a direct and proximate result of Plaintiff’s illegal discrimination, Plaintiff is suffering, will continue to suffer severe harm, and is entitled to all legal and equitable remedies available under NJLAD, including but not limited to compensatory damages and punitive damages in amounts to be determined at trial. 66. Plaintiff is further entitled to an award of reasonable attorneys’ fees and costs and any other relief that this Court deems just and proper under the circumstances. COUNT V N.J.S.A. 34:19-3 CONSCIENTIOUS EMPLOYEE PROTECTION ACT (Plaintiff v. Bandai) 67. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of this Complaint if fully set forth herein. CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 6 of 7 Trans ID: LCV20231976687 68. Plaintiff reported concerns with Defendant about the CEO bringing a gun to work. 69. By and through the course of that conduct, Plaintiff had described a violation of company policy and law that was protected activity under CEPA. 70. By and through its course of conduct as alleged, Defendant violated “CEPA” by creating a hostile work environment, attempting to force Plaintiff to resign, and failing to promote him to COO. 71. A casual connection between Plaintiff’s whistle blowing activity and Defendant’s adverse employment action exists by and through Defendant’s course of conduct as alleged herein. COUNTY VI AIDING AND ABETTING Plaintiff v. Defendant Nishimoto & Defendant Bandai Holding 72. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein. 73. By and through its course of conduct as alleged herein, Defendant Nishimoto and Defendant Bandai Holding aided and abetting Defendant Bandai’s unlawful activity contrary to NJLAD. 74. Defendants’ actions violate the New Jersey Law Against Discrimination (NJLAD). 75. Defendants’ conduct was intentional, deliberate, willful, and conducted in callous disregard of the protected rights of Plaintiffs. 76. Defendants had no legitimate, nondiscriminatory or non-retaliatory reason for their actions. 77. As a direct and proximate result of Defendant’s illegal discrimination, Plaintiff has suffered and will continue to suffer severe harm, and is entitled to all legal and equitable remedies available under the NJLAD, including, but not limited to, compensatory and punitive damages, in amounts to be determined at trial. 78. Plaintiff is further entitled to an award of reasonable attorney’s fees and costs and any other relief that this Court deems just and proper under the circumstances. ZEFF LAW FIRM, LLC /s/Gregg L. Zeff, Esq. Gregg L. Zeff, Esq. Eva C. Zelson, Esq. Derek J. Demeri, Esq. Attorneys for Plaintiff Dated: June 29, 2023 JURY DEMAND AND TRIAL COUNSEL DESIGNATION Please take notice that Plaintiff hereby demands a trial by jury as to all issues and that pursuant to rule 4:25-4, Gregg L. Zeff, Esquire, is hereby designated as trial counsel in the above captioned matter on behalf of The Zeff Law Firm, LLC. CAM-L-001874-23 06/29/2023 4:11:10 PM Pg 7 of 7 Trans ID: LCV20231976687 CERTIFICATION I certify pursuant to Rule 4:5-1 that I know of no other proceedings pending or that are contemplating in any court or arbitration proceeding that concerns this subject matter and know of no other parties that need be joined with action. Dated: June 29, 2023 ZEFF LAW FIRM, LLC /s/Gregg L. Zeff, Esq. Gregg L. Zeff, Esq. Attorneys for Plaintiff CAM-L-001874-23 06/29/2023 CAM-L-001874-23 06/29/20234:11:10 4:11:10PM PM Pg 1 of 1 Trans TransID: ID:LCV20231976687 LCV20231976687 Civil Case Information Statement Case Details: CAMDEN | Civil Part Docket# L-001874-23 Case Caption: CIMINERA MICHAEL VS BANDAI NAMCO Case Type: CIVIL RIGHTS TOYS & COLLECT Document Type: Complaint with Jury Demand Case Initiation Date: 06/29/2023 Jury Demand: YES - 12 JURORS Attorney Name: GREGG L ZEFF Is this a professional malpractice case? NO Firm Name: ZEFF LAW FIRM, LLC Related cases pending: NO Address: 100 CENTURY PKWY STE160 If yes, list docket numbers: MT LAUREL NJ 08054 Do you anticipate adding any parties (arising out of same Phone: 8567789700 transaction or occurrence)? NO Name of Party: PLAINTIFF : Ciminera, Michael Does this case involve claims related to COVID-19? NO Name of Defendant’s Primary Insurance Company (if known): None Are sexual abuse claims alleged by: Michael Ciminera? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? YES If yes, is that relationship: Employer/Employee Does the statute governing this case provide for payment of fees by the losing party? YES Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 06/29/2023 /s/ GREGG L ZEFF Dated Signed