Preview
FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023
EXHIBIT K
FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------X
ANDRAS BAGO and ALEXANDRU GEREA,
individually and on behalf of all others similarly Index No.: 153644/2023
situated,
Plaintiffs,
-against-
LA BROCHETTE, INC. and ABA KOIUNOV,
Defendants.
_______ _ _ _ _____________x
DEFENDANTS LA BROCHETTE, INC. AND ABA KOIUNOV'S RESPONSES AND
OBJECTIONS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES
In response to the First Set of Interrogatories of Plaintiffs Andras Brago and Alexandru
("Plaintiffs'
Gerea (together, "Plaintiffs") Interrogatories") directed to Defendants La Brochette,
Inc. and Aba Koiunov (together, "Defendants"), pursuant to CPLR § 3133, Defendants respond
as follows:
GENERAL STATEMENT
Plaintiffs'
1. These responses to interrogatories to Defendants were prepared with the
assistance of the undersigned counsel; therefore, the word usage and sentence structure used in the
answer may be that of counsel, and do not purport to be the precise language of Defendants.
2. These responses are neither intended as, nor shall in any way be deemed, an
admission or representation that further information or documents do not exist. Pursuant to CPLR
§ 3133, Defendants reserve the right to modify or supplement his responses with pertinent
information as he may subsequently discover. Furthermore, these responses are given without
Defendants'
prejudice to right to use or to rely on at any time, including subsequently discovered
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information or documents, or information or documents omitted from these answers as a result of,
among other things, mistake, error, oversight or inadvertence.
3. The fact that Defendants respond to any interrogatory shall not be constructed as a
waiver of all or any part of the objections interposed by Defendants to any interrogatory.
4. Nothing contained herein is intended to be, nor shall in any way be construed as, a
waiver of any attorney-client privilege, work-product protection, right to privacy, or any other
applicable privilege, immunity or protection. Any inadvertent inspection and subsequent
production of any privileged information shall not constitute a waiver of any of the rights or
privileges of Defendants, and Defendants reserve the right to demand the return of any such
response and/or document and all copies thereof. To the extent that any interrogatory may be
construed as calling for disclosure of documents or information protected by any privilege,
immunity or protection, a continuing objection to any and all such interrogatories is hereby
interposed.
Defendants'
5. response to a specific interrogatory should not be construed as an
admission that Defendants accept or admit the existence of any document, evidence, fact and/or
thing, and/or the validity of any legal argument, set forth in or assumed by such interrogatory.
6. The fact that Defendants produce documents in response to an interrogatory does
not mean that any of these documents constitute admissible evidence.
7. Defendants have not completed his investigation of the facts relating to this case.
The following responses are based upon information presently available to Defendants and are
made without prejudice to the right to utilize subsequently discovered facts, witnesses, documents
or things, or legal arguments. Defendants specifically reserve the right to supplement these
responses and to do so to the extent required or permitted under the CPLR.
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GENERAL OBJECTIONS
Plaintiffs'
1. Defendants object to interrogatories to the extent Plaintiffs request
information that constitutes trade secrets or other confidential, financial, or business
information. Defendants will only produce such information, if not subject to any other objections,
pursuant to an appropriate stipulation and order of confidentiality.
2. Defendants object to any and all interrogatories, definitions and/or instructions to
the extent they propose to impose obligations greater than those imposed by the CPLR.
Defendants'
3. investigation of this matter is ongoing. Defendants therefore reserve
the right to supplement his responses to each and every interrogatory (or part of an interrogatory).
4. Defendants object to the interrogatories on the ground that they are overly broad,
unduly burdensome and seek information that is not relevant and not reasonably calculated to lead
to the discovery of admissible or relevant evidence.
5. Defendants object to the interrogatories on the ground that they seek documents,
information or material that are readily available to the Plaintiffs.
6. Defendants object to the interrogatories on the ground that they seek information
which is narrative in nature, and is more appropriately and more efficiently obtained in a
deposition.
Subject to and without waiving the foregoing general objections, Defendants hereby
Plaintiffs'
respond to first set of interrogatories.
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RESPONSES
INTERROGATORY NO. 1:
Excluding plaintiff s personnel file(s), state whether defendants or any of their agents or
employees have possession or control of any file(s) that contain information about plaintiff. If the
answer is in the affirmative, state the name and title of each and every individual who possesses
or controls any such file(s) and provide copies of all documents contained in such file(s).
RESPONSE:
Defendants object to this interrogatory on the grounds that it is overly broad, vague and
unduly burdensome. Notwithstanding these and the general objections, Plaintiffs are referred to
Defendants'
document production submitted herewith.
INTERROGATORY NO. 2:
Identify all employees, business partners, and associates who have knowledge and
information regarding plaintiff Andras Bago's position and status within La Brochette.
RESPONSE:
Subject to and without waiver of the General Objections, Aba Koiunov and Ana, whose
last name is presently unknown.
INTERROGATORY NO. 3:
Identify all employees, business partners, associates who have knowledge and information
regarding plaintiff Bago's position, status, rate of pay, hours, and/or shifts within La Brochette.
RESPONSE:
Subject to and without waiver of the General Objections, Aba Koiunov, Alexandra Hiaev,
and Ana, whose last name is presently unknown.
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INTERROGATORY NO. 4:
Identify all employees, business partners, associates who have knowledge and information
regarding plaintiff Gerea's position, status, rate of pay, hours, and/or shifts within La Brochette.
RESPONSE:
Subject to and without waiver of the General Objections, Aba Koiunov, Alexandra Hiaeve,
and Ana, whose last name is presently unknown.
INTERROGATORY NO. 5:
Identify all individuals, including but not limited to any employees or independent
contractors, who have performed work for any period of time for defendants since December 1,
2017 to the present, including each such person's last known address, telephone number(s), fax
number, email address, emergency contact, and any other contact information known to or
ascertainable by defendants.
RESPONSE:
Defendants object to this interrogatory as premature because Plaintiffs have not met their
Plaintiffs'
burden for pre-certification discovery. Specifically, Complaint fails to allege a single
"servers"
fact as to why any at La Brochette, Inc. are part of the putative class. Indeed, the
Complaint's class action allegations are wholly conclusory.
INTERROGATORY NO. 6:
Identify all customers and/or clients of La Brochette who booked private events on more
than one occasion between December 1, 2017 and the present.
RESPONSE:
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Defendants object to this interrogatory as unduly burdensome and calling for a narrative
response. A deposition question on this topic is more efficient. Notwithstanding these and the
general objections, Plaintiffs are referred to Defendants document production submitted herewith.
INTERROGATORY NO. 7:
Identify all individuals with responsibility for keeping records of hours worked by and
compensation, including tips, paid to employees or independent contractors of defendants.
RESPONSE:
Defendants object to this interrogatory because it calls for a legal conclusion from a
layperson by imparting record-keeping duties.
INTERROGATORY NO. 8:
Identify all business partners of defendants since December 1, 2017 to the present,
including each business partner's last known address, telephone number(s), fax number, email
address, and any other contact information known to or ascertainable by defendants.
RESPONSE:
Defendants object to this interrogatory as irrelevant and overly broad because it is not
partners"
limited to La Brochette, the restaurant, but also seeks the identity of "all business of Aba
partners"
Koiunov, an individual, even if such "business have nothing to do with the claims or
defenses in this action.
INTERROGATORY NO. 9:
Identify all associates of defendants since December 1, 2017 to the present, including each
associate's last known address, telephone number(s), fax number, email address, and any other contact
information known to or ascertainable by defendants.
RESPONSE:
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"associates"
Defendants object to this interrogatory as hopelessly vague in that the term is
unclear and undefined. This interrogatory literally requests the identification of any individual
who the Defendants have spoken with for the past six years.
INTERROGATORY NO. 10:
Identify all individuals with responsibility for keeping records of hours worked by and
compensation paid to employees or independent contractors of defendants, including tips.
RESPONSE:
Defendants object to this interrogatory as it calls for a legal conclusion from a layperson
by imparting record-keeping duties.
INTERROGATORY NO. 11:
Identify all individuals with responsibility for providing employees or independent
contractors with their wages or other compensation, including tips.
RESPONSE:
Defendants object to this interrogatory as vague and calling for a legal conclusion from a
layperson in that imparting an individual with responsibility for certain tasks is a legal conclusion.
INTERROGATORY NO. 12:
Identify all individuals who participated in decisions about hiring or retaining any employee
or independent contractor.
RESPONSE:
"participated,"
Defendants object to this interrogatory as vague, particularly the term and
contractor"
overly broad because it refers to "any employee or independent and is unlimited in
scope and time.
Subject to and without waiver of this objection and the General Objections, Defendants
identify Aba Koiunov, Ana and Maria, whose last names are presently unknown.
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INTERROGATORY NO. 13:
Identify all individuals who participated in decisions about pay or hours for any employee
or independent contractor.
RESPONSE:
"participated,"
Defendants object to this interrogatory as vague, particularly the term and
contractor"
overly broad because it refers to "any employee or independent and is unlimited in
scope and time.
Subject to and without waiver of this objection and the General Objections, Defendants
identify Aba Koiunov and Ana, whose last name is presently unknown.
INTERROGATORY NO. 14:
Identify all individuals who participated in decisions about terminating the employment or
services of any employee or independent contractor.
RESPONSE:
"participated,"
Defendants object to this interrogatory as vague, particularly the term and
contractor"
overly broad because it refers to "any employee or independent and is unlimited in
scope and time.
Subject to and without waiver of this objection and the General Objections, Defendants
identify Aba Koiunov and Ana, whose last name is presently unknown.
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INTERROGATORY NO. 15:
Identify all officers and all individuals who have had managerial or supervisory duties for
defendants.
RESPONSE:
Defendants object to this interrogatory as vague, particularly the phrase "managerial or
duties."
supervisory
Subject to and without waiver of this objection and the General Objections, Defendants
identify Aba Koiunov, Ana and Maria, whose last names are presently unknown.
INTERROGATORY NO. 16:
Identify all persons involved in or consulted about the decision to terminate the
employment or services of plaintiffs.
RESPONSE:
Defendants object to this interrogatory because Plaintiffs were not terminated.
INTERROGATORY NO. 17:
Identify all accountants for each defendant.
RESPONSE:
Defendants object to this interrogatory on the grounds that it calls for privileged
information and is irrelevant on its face. This action concems wage and hour and related claims,
defendants'
which have nothing to do with the identity of accountants.
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INTERROGATORY NO. 18:
Identify all banks at which each defendant maintains accounts.
RESPONSE:
Defendants'
Defendants object to this interrogatory on the grounds that it is irrelevant.
asset information is not relevant to this action in the prejudgment stage.
INTERROGATORY NO.19:
Other than counsel, identify every person defendants have communicated with concerning
plaintiffs'
plaintiffs, including but not limited to letter dated April 21, 2021 describing their claims
plaintiffs'
against defendants and lawsuit, since April 21, 2023.
RESPONSE:
Defendants object to this interrogatory on the grounds that it is overly broad as it literally
plaintiffs."
seeks the identity of "every person defendants have communicated with concerning
INTERROGATORY NO. 20:
defendants'
Identify all persons or entities to whom any of monies or assets of a value of
more than $10,000 were transferred after April 21, 2021.
RESPONSE:
Defendants'
Defendants object to this interrogatory on the grounds that it is irrelevant. asset
information is not relevant to this action in the prejudgment stage.
INTERROGATORY NO. 21:
Identify every person defendants intend to call as a witness at trial. If the person is not a current
employee of defendants, provide his or her last known address, email, and telephone number.
RESPONSE:
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Subject to and without waiver ofthe General Objections, Defendants identify the following
individual: Aba Koiunov. Other witnesses may exist; however, their identities are not yet known
because discovery is ongoing. Defendants reserve the right to supplement this response.
INTERROGATORY NO. 22:
Identify:
a. all expert witnesses whom respondents expect to call at trial;
b. the field of expertise of each expert;
c. the occupational title, degrees, and certifications held by each expert;
d. all articles published by each expert;
e. the opinions to which each expert is expected to testify, and a summary of the
grounds for each opinion; and
f. the substance of all oral reports rendered by each expert in connection with this
litigation. Provide copies of any and all written reports rendered in connection
with this litigation by each expert identified in response to this Interrogatory.
RESPONSE:
Defendants object to this interrogatory on the grounds that it is premature. Defendant
response to this interrogatory in accordance with timeframe set forth in the CPLR.
INTERROGATORY NO. 23:
Identify each person who supplied information in answering these interrogatories. Specify
by number those answers to which each person supplied information.
RESPONSE:
Subject to and without waiver of the General Objections, Aba Koiunov and undersigned
counsel.
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INTERROGATORY NO. 24:
Identify all persons consulted in obtaining information for answers to Plaintiffs First
Request for Documents.
RESPONSE:
Subject to and without waiver of the General Objections, Aba Koiunov and undersigned
counsel.
INTERROGATORY NO. 25:
To the extent not set forth above, identify all persons with knowledge of any of the facts
defendants'
relating to plaintiff s claims or defenses.
RESPONSE:
See Response to Interrogatory 21.
INTERROGATORY NO. 26:
Identify all individuals who at any time discussed, participated in, or made decisions
regarding the assignment of shifts to Andras Bago and/or employment of Andras Bago in the
summer of 2020.
RESPONSE:
See Response to Interrogatory 21.
INTERROGATORY NO. 27:
Identify all individuals who at any time discussed, participated in, or made decisions about
any references given to Bago since April 21, 2021.
RESPONSE:
Defendants object to this interrogatory as overly broad. Notwithstanding this or the general
objections, no discussions or decisions regarding references occurred.
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Defendants reserve the right to supplement, amend and/or modify these responses up to
and including the time of trial.
Dated: New York, New York
September 13, 2023
JACOBS P.C.
By: /s/ Adam Sherman
Adam Sherman, Esq.
Eduard Kushmakov, Esq.
595 Madison Avenue
39*
Floor
Preview
FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 EXHIBIT K FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------X ANDRAS BAGO and ALEXANDRU GEREA, individually and on behalf of all others similarly Index No.: 153644/2023 situated, Plaintiffs, -against- LA BROCHETTE, INC. and ABA KOIUNOV, Defendants. _______ _ _ _ _____________x DEFENDANTS LA BROCHETTE, INC. AND ABA KOIUNOV'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES In response to the First Set of Interrogatories of Plaintiffs Andras Brago and Alexandru ("Plaintiffs' Gerea (together, "Plaintiffs") Interrogatories") directed to Defendants La Brochette, Inc. and Aba Koiunov (together, "Defendants"), pursuant to CPLR § 3133, Defendants respond as follows: GENERAL STATEMENT Plaintiffs' 1. These responses to interrogatories to Defendants were prepared with the assistance of the undersigned counsel; therefore, the word usage and sentence structure used in the answer may be that of counsel, and do not purport to be the precise language of Defendants. 2. These responses are neither intended as, nor shall in any way be deemed, an admission or representation that further information or documents do not exist. Pursuant to CPLR § 3133, Defendants reserve the right to modify or supplement his responses with pertinent information as he may subsequently discover. Furthermore, these responses are given without Defendants' prejudice to right to use or to rely on at any time, including subsequently discovered 1 FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 information or documents, or information or documents omitted from these answers as a result of, among other things, mistake, error, oversight or inadvertence. 3. The fact that Defendants respond to any interrogatory shall not be constructed as a waiver of all or any part of the objections interposed by Defendants to any interrogatory. 4. Nothing contained herein is intended to be, nor shall in any way be construed as, a waiver of any attorney-client privilege, work-product protection, right to privacy, or any other applicable privilege, immunity or protection. Any inadvertent inspection and subsequent production of any privileged information shall not constitute a waiver of any of the rights or privileges of Defendants, and Defendants reserve the right to demand the return of any such response and/or document and all copies thereof. To the extent that any interrogatory may be construed as calling for disclosure of documents or information protected by any privilege, immunity or protection, a continuing objection to any and all such interrogatories is hereby interposed. Defendants' 5. response to a specific interrogatory should not be construed as an admission that Defendants accept or admit the existence of any document, evidence, fact and/or thing, and/or the validity of any legal argument, set forth in or assumed by such interrogatory. 6. The fact that Defendants produce documents in response to an interrogatory does not mean that any of these documents constitute admissible evidence. 7. Defendants have not completed his investigation of the facts relating to this case. The following responses are based upon information presently available to Defendants and are made without prejudice to the right to utilize subsequently discovered facts, witnesses, documents or things, or legal arguments. Defendants specifically reserve the right to supplement these responses and to do so to the extent required or permitted under the CPLR. 2 FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 GENERAL OBJECTIONS Plaintiffs' 1. Defendants object to interrogatories to the extent Plaintiffs request information that constitutes trade secrets or other confidential, financial, or business information. Defendants will only produce such information, if not subject to any other objections, pursuant to an appropriate stipulation and order of confidentiality. 2. Defendants object to any and all interrogatories, definitions and/or instructions to the extent they propose to impose obligations greater than those imposed by the CPLR. Defendants' 3. investigation of this matter is ongoing. Defendants therefore reserve the right to supplement his responses to each and every interrogatory (or part of an interrogatory). 4. Defendants object to the interrogatories on the ground that they are overly broad, unduly burdensome and seek information that is not relevant and not reasonably calculated to lead to the discovery of admissible or relevant evidence. 5. Defendants object to the interrogatories on the ground that they seek documents, information or material that are readily available to the Plaintiffs. 6. Defendants object to the interrogatories on the ground that they seek information which is narrative in nature, and is more appropriately and more efficiently obtained in a deposition. Subject to and without waiving the foregoing general objections, Defendants hereby Plaintiffs' respond to first set of interrogatories. 3 FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 RESPONSES INTERROGATORY NO. 1: Excluding plaintiff s personnel file(s), state whether defendants or any of their agents or employees have possession or control of any file(s) that contain information about plaintiff. If the answer is in the affirmative, state the name and title of each and every individual who possesses or controls any such file(s) and provide copies of all documents contained in such file(s). RESPONSE: Defendants object to this interrogatory on the grounds that it is overly broad, vague and unduly burdensome. Notwithstanding these and the general objections, Plaintiffs are referred to Defendants' document production submitted herewith. INTERROGATORY NO. 2: Identify all employees, business partners, and associates who have knowledge and information regarding plaintiff Andras Bago's position and status within La Brochette. RESPONSE: Subject to and without waiver of the General Objections, Aba Koiunov and Ana, whose last name is presently unknown. INTERROGATORY NO. 3: Identify all employees, business partners, associates who have knowledge and information regarding plaintiff Bago's position, status, rate of pay, hours, and/or shifts within La Brochette. RESPONSE: Subject to and without waiver of the General Objections, Aba Koiunov, Alexandra Hiaev, and Ana, whose last name is presently unknown. 4 FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 INTERROGATORY NO. 4: Identify all employees, business partners, associates who have knowledge and information regarding plaintiff Gerea's position, status, rate of pay, hours, and/or shifts within La Brochette. RESPONSE: Subject to and without waiver of the General Objections, Aba Koiunov, Alexandra Hiaeve, and Ana, whose last name is presently unknown. INTERROGATORY NO. 5: Identify all individuals, including but not limited to any employees or independent contractors, who have performed work for any period of time for defendants since December 1, 2017 to the present, including each such person's last known address, telephone number(s), fax number, email address, emergency contact, and any other contact information known to or ascertainable by defendants. RESPONSE: Defendants object to this interrogatory as premature because Plaintiffs have not met their Plaintiffs' burden for pre-certification discovery. Specifically, Complaint fails to allege a single "servers" fact as to why any at La Brochette, Inc. are part of the putative class. Indeed, the Complaint's class action allegations are wholly conclusory. INTERROGATORY NO. 6: Identify all customers and/or clients of La Brochette who booked private events on more than one occasion between December 1, 2017 and the present. RESPONSE: 5 FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 Defendants object to this interrogatory as unduly burdensome and calling for a narrative response. A deposition question on this topic is more efficient. Notwithstanding these and the general objections, Plaintiffs are referred to Defendants document production submitted herewith. INTERROGATORY NO. 7: Identify all individuals with responsibility for keeping records of hours worked by and compensation, including tips, paid to employees or independent contractors of defendants. RESPONSE: Defendants object to this interrogatory because it calls for a legal conclusion from a layperson by imparting record-keeping duties. INTERROGATORY NO. 8: Identify all business partners of defendants since December 1, 2017 to the present, including each business partner's last known address, telephone number(s), fax number, email address, and any other contact information known to or ascertainable by defendants. RESPONSE: Defendants object to this interrogatory as irrelevant and overly broad because it is not partners" limited to La Brochette, the restaurant, but also seeks the identity of "all business of Aba partners" Koiunov, an individual, even if such "business have nothing to do with the claims or defenses in this action. INTERROGATORY NO. 9: Identify all associates of defendants since December 1, 2017 to the present, including each associate's last known address, telephone number(s), fax number, email address, and any other contact information known to or ascertainable by defendants. RESPONSE: 6 FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 "associates" Defendants object to this interrogatory as hopelessly vague in that the term is unclear and undefined. This interrogatory literally requests the identification of any individual who the Defendants have spoken with for the past six years. INTERROGATORY NO. 10: Identify all individuals with responsibility for keeping records of hours worked by and compensation paid to employees or independent contractors of defendants, including tips. RESPONSE: Defendants object to this interrogatory as it calls for a legal conclusion from a layperson by imparting record-keeping duties. INTERROGATORY NO. 11: Identify all individuals with responsibility for providing employees or independent contractors with their wages or other compensation, including tips. RESPONSE: Defendants object to this interrogatory as vague and calling for a legal conclusion from a layperson in that imparting an individual with responsibility for certain tasks is a legal conclusion. INTERROGATORY NO. 12: Identify all individuals who participated in decisions about hiring or retaining any employee or independent contractor. RESPONSE: "participated," Defendants object to this interrogatory as vague, particularly the term and contractor" overly broad because it refers to "any employee or independent and is unlimited in scope and time. Subject to and without waiver of this objection and the General Objections, Defendants identify Aba Koiunov, Ana and Maria, whose last names are presently unknown. 7 FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 INTERROGATORY NO. 13: Identify all individuals who participated in decisions about pay or hours for any employee or independent contractor. RESPONSE: "participated," Defendants object to this interrogatory as vague, particularly the term and contractor" overly broad because it refers to "any employee or independent and is unlimited in scope and time. Subject to and without waiver of this objection and the General Objections, Defendants identify Aba Koiunov and Ana, whose last name is presently unknown. INTERROGATORY NO. 14: Identify all individuals who participated in decisions about terminating the employment or services of any employee or independent contractor. RESPONSE: "participated," Defendants object to this interrogatory as vague, particularly the term and contractor" overly broad because it refers to "any employee or independent and is unlimited in scope and time. Subject to and without waiver of this objection and the General Objections, Defendants identify Aba Koiunov and Ana, whose last name is presently unknown. 8 FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 INTERROGATORY NO. 15: Identify all officers and all individuals who have had managerial or supervisory duties for defendants. RESPONSE: Defendants object to this interrogatory as vague, particularly the phrase "managerial or duties." supervisory Subject to and without waiver of this objection and the General Objections, Defendants identify Aba Koiunov, Ana and Maria, whose last names are presently unknown. INTERROGATORY NO. 16: Identify all persons involved in or consulted about the decision to terminate the employment or services of plaintiffs. RESPONSE: Defendants object to this interrogatory because Plaintiffs were not terminated. INTERROGATORY NO. 17: Identify all accountants for each defendant. RESPONSE: Defendants object to this interrogatory on the grounds that it calls for privileged information and is irrelevant on its face. This action concems wage and hour and related claims, defendants' which have nothing to do with the identity of accountants. 9 FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 INTERROGATORY NO. 18: Identify all banks at which each defendant maintains accounts. RESPONSE: Defendants' Defendants object to this interrogatory on the grounds that it is irrelevant. asset information is not relevant to this action in the prejudgment stage. INTERROGATORY NO.19: Other than counsel, identify every person defendants have communicated with concerning plaintiffs' plaintiffs, including but not limited to letter dated April 21, 2021 describing their claims plaintiffs' against defendants and lawsuit, since April 21, 2023. RESPONSE: Defendants object to this interrogatory on the grounds that it is overly broad as it literally plaintiffs." seeks the identity of "every person defendants have communicated with concerning INTERROGATORY NO. 20: defendants' Identify all persons or entities to whom any of monies or assets of a value of more than $10,000 were transferred after April 21, 2021. RESPONSE: Defendants' Defendants object to this interrogatory on the grounds that it is irrelevant. asset information is not relevant to this action in the prejudgment stage. INTERROGATORY NO. 21: Identify every person defendants intend to call as a witness at trial. If the person is not a current employee of defendants, provide his or her last known address, email, and telephone number. RESPONSE: 10 FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 Subject to and without waiver ofthe General Objections, Defendants identify the following individual: Aba Koiunov. Other witnesses may exist; however, their identities are not yet known because discovery is ongoing. Defendants reserve the right to supplement this response. INTERROGATORY NO. 22: Identify: a. all expert witnesses whom respondents expect to call at trial; b. the field of expertise of each expert; c. the occupational title, degrees, and certifications held by each expert; d. all articles published by each expert; e. the opinions to which each expert is expected to testify, and a summary of the grounds for each opinion; and f. the substance of all oral reports rendered by each expert in connection with this litigation. Provide copies of any and all written reports rendered in connection with this litigation by each expert identified in response to this Interrogatory. RESPONSE: Defendants object to this interrogatory on the grounds that it is premature. Defendant response to this interrogatory in accordance with timeframe set forth in the CPLR. INTERROGATORY NO. 23: Identify each person who supplied information in answering these interrogatories. Specify by number those answers to which each person supplied information. RESPONSE: Subject to and without waiver of the General Objections, Aba Koiunov and undersigned counsel. 11 FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 INTERROGATORY NO. 24: Identify all persons consulted in obtaining information for answers to Plaintiffs First Request for Documents. RESPONSE: Subject to and without waiver of the General Objections, Aba Koiunov and undersigned counsel. INTERROGATORY NO. 25: To the extent not set forth above, identify all persons with knowledge of any of the facts defendants' relating to plaintiff s claims or defenses. RESPONSE: See Response to Interrogatory 21. INTERROGATORY NO. 26: Identify all individuals who at any time discussed, participated in, or made decisions regarding the assignment of shifts to Andras Bago and/or employment of Andras Bago in the summer of 2020. RESPONSE: See Response to Interrogatory 21. INTERROGATORY NO. 27: Identify all individuals who at any time discussed, participated in, or made decisions about any references given to Bago since April 21, 2021. RESPONSE: Defendants object to this interrogatory as overly broad. Notwithstanding this or the general objections, no discussions or decisions regarding references occurred. 12 FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/06/2023 Defendants reserve the right to supplement, amend and/or modify these responses up to and including the time of trial. Dated: New York, New York September 13, 2023 JACOBS P.C. By: /s/ Adam Sherman Adam Sherman, Esq. Eduard Kushmakov, Esq. 595 Madison Avenue 39* Floor