Preview
FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020
NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 05/31/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
________________________________________________________________________________________________________________
BRUCE KIM Index No. 651341/2020
Plaintiff, Mot. Seq No. 3
-against- Hon. Jennifer G. Shecter
XP SECURITIES, LLC, n/k/a XP INVESTMENTS
US, LLC,
Defendant.
AFFIRMATION OF LAURA ZITRONENBLATT IN SUPPORT OF
DEFENDANT XP SECURITIES LLC’S MOTION FOR SUMMARY JUDGMENT
I, Laura Zitronenblatt, being duly sworn, depose and say the following:
1. If called and sworn as a witness, I could and would testify competently and from
personal knowledge as to these facts.
2. I am a former employee of XP Inc. From approximately July 2019 to April 2020,
I was the Human Resources (“HR”) Business Partner for the Offshore Business of XP Inc, In this
position, I managed Human Resources for all of XP Inc.’s affiliates located outside of Brazil,
including the U.S.-based operations of XP Securities, LLC n/k/a XP Investments US, LLC (“XP”).
3. In my HR role at XP, I oversaw a variety of HR functions, including coaching
managers, evaluating employee performance, developing HR systems, investigating workplace
misconduct, and promoting a professional workplace culture aligned with XP’s core values.
4. I have been an HR professional for approximately ten years. Prior to joining XP, I
was an HR professional at HSBC and Johnson & Johnson. I am currently the Head of Talent and
Portfolio Support at a venture capital firm in Sao Paulo, Brazil.
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A. XP’s Unique Workplace Culture
5. XP has a distinctive workplace culture that encourages entrepreneurialism, mutual
respect, and a diversity of opinions, and which it believes separates it from its competitors in the
finance industry.
6. XP’s workplace culture is central to the company’s identity, and is a recurrent
theme in XP’s internal and external communications. This cultural identity is set forth in detail in
the XP Code, which is distributed to all Offshore Business employees. An English-language copy
of the XP Code is attached hereto as Exhibit A.
7. XP expresses the core expectations and requirements of its employees in adhering
to and promoting its culture through the People and Management Code of Ethics and Conduct (the
“Code”), which is distributed to all Offshore Business employees. An English-language copy of
the Code is attached hereto as Exhibit B.
8. The Code requires that all employees be treated with “respect and dignity,” and sets
forth a zero tolerance policy for any verbal or written communications that may violate the dignity
of an individual.
9. XP employees are also expected to comply with the expectations and procedures
set forth in the Employee Handbook (“Handbook”), which notes that employees must “maintain
proper standards of conduct.” It further advises employees that they may be disciplined for
insubordinate conduct or disloyalty, which would include “disparaging [XP], its officers and/or
employees, or acting in such a manner that could damage [XP]’s reputation.” A copy of the
Handbook is attached as Exhibit C.
10. Every employee at XP is required to comply with the policies and principles set
forth in the Code.
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11. Further, as the managing director, supervisor, and desk head of the XP Asia Desk
(“Asia Desk”), Mr. Kim was not only required to comply with the Code, but to set an example for
other employees. Accordingly, the Code charged leaders like Mr. Kim with “[s]etting the tone,
communicating, and promoting compliance with the conduct and ethics standards of the XP
Group,” and reinforcing anti-harassment policies “to create a work environment that . . . provides
opportunities for professional growth and progress.” Ex. B at XPI-00000033, XPI-00000039.
12. As with all employees, Mr. Kim was required to comply with the Code as a
condition of his employment. Under the Code, an employee could be subject to “disciplinary
actions and even the termination of [his] work contract in case [he] violate[s] the Code . . . .” Ex.
B at XPI-00000033.
B. Bruce Kim’s Conduct in the Workplace
13. During my tenure at XP, there was no employee that generated anywhere near the
volume, intensity, or scale of complaints as Mr. Kim.
14. At least five different employees – including Jared Wilson, XP’s Chief Compliance
Officer; Dalal Ghosn, XP’s head legal counsel; Marina Matos, a member of XP’s Business
Management Team; Adelia Gomez, the Chief Operating Officer of XP Miami; and Ben Wood, a
member of the Asia Desk in London – complained to me about Mr. Kim’s unprofessional conduct.
15. Virtually all of the complaints regarding Mr. Kim concerned his failure to engage
in civil, respectful, and professional interactions with colleagues. Such interactions – often marked
by cursing, demeaning language, and outbursts from Mr. Kim – directly undermined workplace
morale and XP’s culture of respectfulness and collegiality.
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C. HR Investigation of Mr. Kim’s Conduct
16. As referenced above, in September 2019, I received a formal written complaint
from one of Mr. Kim’s direct reports, Ben Wood, on the Asia Desk in London. Mr. Wood
complained, in sum and substance, that Mr. Kim had treated him in an abusive, demeaning, and
disrespectful manner over the course of his employment at the company. Mr. Wood specifically
alleged that Mr. Kim had engaged in a “continual heightening of criticism and aggressive rhetoric”
and “hyper-critical, threatening [and] aggressive management.” A copy of Mr. Wood’s September
19, 2019 complaint is attached hereto as Exhibit D.
17. Consequently, I made the decision to initiate a formal investigation of Mr. Kim’s
conduct in my capacity as the HR head of XP’s Offshore Business, in consultation with my
supervisor, Lana Brandão, and the head of XP’s Ethics Committee, João Martins. The
investigation focused on whether Mr. Kim’s conduct constituted gross misconduct in violation of
XP’s policies and expectations.
18. I was primarily responsible for conducting the investigation of Mr. Kim’s conduct.
I conducted the investigation based on my experience and training as an HR professional. As the
person with oversight of the Offshore Business HR functions, I had the autonomy and authority to
conduct the investigation as I saw fit and in a manner that would preserve the integrity of any
findings. No one sought to interfere with, or influence, the conclusions of my investigation.
19. Beginning in early October 2019, I interviewed four members of the Asia Desk in
London, and one member of XP’s London office.
20. My questions were generally designed to elicit the interviewee’s experiences
regarding Mr. Kim’s workplace conduct. During the interview, I took contemporaneous notes on
my laptop. I memorialized my notes and impressions of each interview into a memo – typically
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within hours of completing the interview – while I still had a fresh recollection of what was
discussed. The interview memos therefore represent the most accurate summary of my
contemporaneous recollection of what each interviewee shared with me regarding Mr. Kim’s
workplace conduct. A copy of these interview memos is attached hereto as Exhibit E
21. On October 30, 2019, I issued my findings and a recommendation for disciplinary
action (the “Investigation Report”). I am a native speaker of Portuguese and am fluent in English.
A copy of the Investigation Report and a certified English translation of the Investigation Report
are attached hereto as Exhibits F and G, respectively.
22. Based on my investigation, and as detailed further in the Investigation Report, I
concluded that Mr. Kim’s conduct constituted gross misconduct. More specifically, I determined
that Mr. Kim treated his team members with great disrespect, shouting and rudeness that was
beyond all acceptable limits, and acted in a manner completely counter to XP’s workplace culture.
As a result, I recommended disciplinary action in the form of a suspension and formal warning
that the suspension was the result of his misbehavior.
D. Mr. Kim’s Suspension and Termination from XP
23. On January 22, 2020, Pedro Silveira, the Managing Partner at XP, announced that
he would be departing XP and would be replaced by Caio Azevedo, who would become Mr. Kim’s
new supervisor.
24. The news of Mr. Silveira’s departure created a sense of anxiety at XP. It was
important to XP and its leaders to mitigate the risk of rumors regarding the future of the company,
and to communicate accurate information to its employees in an orderly manner. At that time, XP
was exploring options to sell portions of its business, including Mr. Kim’s desk.
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25. As a result, on January 27, 2020, Albert Da Silva, a member of XP’s compliance
team, sent an e-mail to the entire New York office, copying me, and instructing all employees that
“nothing beyond the announcement” of Mr. Silveira’s departure and any potential sale of XP’s
business “is to be discussed/commented outside of XPNY.” (emphasis in original.) The New
York office was further advised that the failure to comply with this directive “may result in
disciplinary action up to, and including, termination.” A copy of the email is attached hereto as
Exhibit H at XPI-00000702.
26. Mr. Kim disobeyed this directive by sending a reply-all e-mail to the New York
office, in which he openly questioned and criticized the manner in which news of Mr. Silveira’s
departure and the potential sale of some of XP’s business was managed by XP. Mr. Kim further
sowed confusion within the New York office by suggesting that XP had communicated a different
message to the London office. A copy of the email is attached hereto as Exhibit H..
27. Based on my experience as a seasoned HR professional, Mr. Kim’s January 27 e-
mail was a classic act of insubordination. If Mr. Kim truly had a concern about how XP was
communicating its message, he could have addressed the matter privately with his supervisor.
Instead, Mr. Kim’s messaged the entire New York office in a manner that directly undermined the
thrust of XP’s directive not to discuss the news of Mr. Silveira’s departure and potential changes
at XP with anyone outside of the New York office. By suggesting that XP’s London office had
received a different instruction, without describing the instruction, Mr. Kim admitted that he had
been in contact with the London office about the announcement, sowed confusion about what had
been discussed with the London office, and tacitly encouraged other members of the New York
office to do the very thing that Albert Da Silva’s email had prohibited.
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28. Further, Mr. Kim’s email criticized the manner in which Mr. Silveira’s
replacement, Caio Azevedo, had communicated with the London office. This had the effect of
undermining Mr. Azevedo’s credibility and the trust that he sought to establish as the new leader
of XP’s Offshore Business in New York and London. Mr. Kim’s email also made it appear as
though XP had concealed information about the business from its New York employees.
29. Mr. Kim’s insubordinate actions were exacerbated by the time and manner in which
he chose to communicate his criticism. First, it was sent to the entire New York office, thereby
amplifying his message. Second, it was sent shortly after Mr. Azevedo became Mr. Kim’s
supervisor, at a sensitive time when Mr. Azevedo was attempting to build trust and respect with
the New York office. Third, it was deliberately vague in describing the supposed other instruction,
which added to the confusion and anxiety, especially given XP’s directive not to speak with the
London office. Fourth, it openly defied the instruction from XP not to communicate outside of
New York.
30. By the actions described herein, Mr. Kim repeatedly and directly has violated XP’s
Employee Handbook, Code of Conduct, XP Code, as well as the January 27, 2020 e-mail directive
from XP.
31. On the same day – January 27, 2020 – I prepared and sent a notice to Mr. Kim
suspending him from the company until further notice. A true and accurate copy of that notice is
attached hereto as Exhibit H.
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21 day of May, 2024, under the
Pursuant to New York C.P.L.R. § 2106, I affirm this ____
penalties of perjury under the laws of New York, which may include a fine or imprisonment, that
I am physically located outside the geographic boundaries of the United States, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the
United States, that the foregoing is true, and I understand that this document may be filed in an
action or proceeding in a court of law.
By: _____________________________________
Laura Zitronenblatt
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CERTIFICATE OF WORD COUNT
The undersigned hereby certifies that the foregoing May 21, 2024 Affirmation of Laura
Zitronenblatt contains 1,904 words according to the word count of the word-processing software
used to prepare the document, excluding the caption and signature block.
Dated: May 31, 2024
By: /s/ Henry K. Parr
KASOWITZ BENSON TORRES LLP
Joshua D. Fulop
Brian S. Choi
Henry K. Parr
1633 Broadway
New York, New York 10019
Tel. (212) 506-1700
Attorneys for Defendant XP Securities, LLC
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
BRUCE KIM Index No.651341/2020
Plaintiff, Mot. Seq. No. 3
-against Hon. Jennifer G. Schecter
XP SECURITIES,LLC, n/k/a XP INVESTMENTS
US, LLC,
Defendant.
CERTIFICATE OF CONFORMITY
1. This Certificate of Conformity is submitted pursuant to CPLR 2309(c).
2. I am an attorney duly licensed to practice law in the State of New York.
3. I certify that the annexed affirmation of Laura Zitronenblatt, dated May 21, 2024, was
taken in the manner prescribed by the laws of the State of New York and, based upon my
review, conforms to the laws thereof.
Dated: New York, New York
May 31, 2024
Henry K. Parr, Esq.
Kasowitz Benson Torres
1633 Broadway
New York, New York 10019
(212)506-1700
Sworn to before me this 31st
day of May,2024 NOEMI MACIAS
NOTARY PUBLIC, STATE OF NEW YORK
NO. 01MA6410434
QUALIFIED IN NEW YORK COUNTY
COMMISSION EXPIRES OCTOBER 26,20 2
Notary Public
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Preview
FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 05/31/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ________________________________________________________________________________________________________________ BRUCE KIM Index No. 651341/2020 Plaintiff, Mot. Seq No. 3 -against- Hon. Jennifer G. Shecter XP SECURITIES, LLC, n/k/a XP INVESTMENTS US, LLC, Defendant. AFFIRMATION OF LAURA ZITRONENBLATT IN SUPPORT OF DEFENDANT XP SECURITIES LLC’S MOTION FOR SUMMARY JUDGMENT I, Laura Zitronenblatt, being duly sworn, depose and say the following: 1. If called and sworn as a witness, I could and would testify competently and from personal knowledge as to these facts. 2. I am a former employee of XP Inc. From approximately July 2019 to April 2020, I was the Human Resources (“HR”) Business Partner for the Offshore Business of XP Inc, In this position, I managed Human Resources for all of XP Inc.’s affiliates located outside of Brazil, including the U.S.-based operations of XP Securities, LLC n/k/a XP Investments US, LLC (“XP”). 3. In my HR role at XP, I oversaw a variety of HR functions, including coaching managers, evaluating employee performance, developing HR systems, investigating workplace misconduct, and promoting a professional workplace culture aligned with XP’s core values. 4. I have been an HR professional for approximately ten years. Prior to joining XP, I was an HR professional at HSBC and Johnson & Johnson. I am currently the Head of Talent and Portfolio Support at a venture capital firm in Sao Paulo, Brazil. 1 of 10 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 05/31/2024 A. XP’s Unique Workplace Culture 5. XP has a distinctive workplace culture that encourages entrepreneurialism, mutual respect, and a diversity of opinions, and which it believes separates it from its competitors in the finance industry. 6. XP’s workplace culture is central to the company’s identity, and is a recurrent theme in XP’s internal and external communications. This cultural identity is set forth in detail in the XP Code, which is distributed to all Offshore Business employees. An English-language copy of the XP Code is attached hereto as Exhibit A. 7. XP expresses the core expectations and requirements of its employees in adhering to and promoting its culture through the People and Management Code of Ethics and Conduct (the “Code”), which is distributed to all Offshore Business employees. An English-language copy of the Code is attached hereto as Exhibit B. 8. The Code requires that all employees be treated with “respect and dignity,” and sets forth a zero tolerance policy for any verbal or written communications that may violate the dignity of an individual. 9. XP employees are also expected to comply with the expectations and procedures set forth in the Employee Handbook (“Handbook”), which notes that employees must “maintain proper standards of conduct.” It further advises employees that they may be disciplined for insubordinate conduct or disloyalty, which would include “disparaging [XP], its officers and/or employees, or acting in such a manner that could damage [XP]’s reputation.” A copy of the Handbook is attached as Exhibit C. 10. Every employee at XP is required to comply with the policies and principles set forth in the Code. 2 2 of 10 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 05/31/2024 11. Further, as the managing director, supervisor, and desk head of the XP Asia Desk (“Asia Desk”), Mr. Kim was not only required to comply with the Code, but to set an example for other employees. Accordingly, the Code charged leaders like Mr. Kim with “[s]etting the tone, communicating, and promoting compliance with the conduct and ethics standards of the XP Group,” and reinforcing anti-harassment policies “to create a work environment that . . . provides opportunities for professional growth and progress.” Ex. B at XPI-00000033, XPI-00000039. 12. As with all employees, Mr. Kim was required to comply with the Code as a condition of his employment. Under the Code, an employee could be subject to “disciplinary actions and even the termination of [his] work contract in case [he] violate[s] the Code . . . .” Ex. B at XPI-00000033. B. Bruce Kim’s Conduct in the Workplace 13. During my tenure at XP, there was no employee that generated anywhere near the volume, intensity, or scale of complaints as Mr. Kim. 14. At least five different employees – including Jared Wilson, XP’s Chief Compliance Officer; Dalal Ghosn, XP’s head legal counsel; Marina Matos, a member of XP’s Business Management Team; Adelia Gomez, the Chief Operating Officer of XP Miami; and Ben Wood, a member of the Asia Desk in London – complained to me about Mr. Kim’s unprofessional conduct. 15. Virtually all of the complaints regarding Mr. Kim concerned his failure to engage in civil, respectful, and professional interactions with colleagues. Such interactions – often marked by cursing, demeaning language, and outbursts from Mr. Kim – directly undermined workplace morale and XP’s culture of respectfulness and collegiality. 3 3 of 10 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 05/31/2024 C. HR Investigation of Mr. Kim’s Conduct 16. As referenced above, in September 2019, I received a formal written complaint from one of Mr. Kim’s direct reports, Ben Wood, on the Asia Desk in London. Mr. Wood complained, in sum and substance, that Mr. Kim had treated him in an abusive, demeaning, and disrespectful manner over the course of his employment at the company. Mr. Wood specifically alleged that Mr. Kim had engaged in a “continual heightening of criticism and aggressive rhetoric” and “hyper-critical, threatening [and] aggressive management.” A copy of Mr. Wood’s September 19, 2019 complaint is attached hereto as Exhibit D. 17. Consequently, I made the decision to initiate a formal investigation of Mr. Kim’s conduct in my capacity as the HR head of XP’s Offshore Business, in consultation with my supervisor, Lana Brandão, and the head of XP’s Ethics Committee, João Martins. The investigation focused on whether Mr. Kim’s conduct constituted gross misconduct in violation of XP’s policies and expectations. 18. I was primarily responsible for conducting the investigation of Mr. Kim’s conduct. I conducted the investigation based on my experience and training as an HR professional. As the person with oversight of the Offshore Business HR functions, I had the autonomy and authority to conduct the investigation as I saw fit and in a manner that would preserve the integrity of any findings. No one sought to interfere with, or influence, the conclusions of my investigation. 19. Beginning in early October 2019, I interviewed four members of the Asia Desk in London, and one member of XP’s London office. 20. My questions were generally designed to elicit the interviewee’s experiences regarding Mr. Kim’s workplace conduct. During the interview, I took contemporaneous notes on my laptop. I memorialized my notes and impressions of each interview into a memo – typically 4 4 of 10 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 05/31/2024 within hours of completing the interview – while I still had a fresh recollection of what was discussed. The interview memos therefore represent the most accurate summary of my contemporaneous recollection of what each interviewee shared with me regarding Mr. Kim’s workplace conduct. A copy of these interview memos is attached hereto as Exhibit E 21. On October 30, 2019, I issued my findings and a recommendation for disciplinary action (the “Investigation Report”). I am a native speaker of Portuguese and am fluent in English. A copy of the Investigation Report and a certified English translation of the Investigation Report are attached hereto as Exhibits F and G, respectively. 22. Based on my investigation, and as detailed further in the Investigation Report, I concluded that Mr. Kim’s conduct constituted gross misconduct. More specifically, I determined that Mr. Kim treated his team members with great disrespect, shouting and rudeness that was beyond all acceptable limits, and acted in a manner completely counter to XP’s workplace culture. As a result, I recommended disciplinary action in the form of a suspension and formal warning that the suspension was the result of his misbehavior. D. Mr. Kim’s Suspension and Termination from XP 23. On January 22, 2020, Pedro Silveira, the Managing Partner at XP, announced that he would be departing XP and would be replaced by Caio Azevedo, who would become Mr. Kim’s new supervisor. 24. The news of Mr. Silveira’s departure created a sense of anxiety at XP. It was important to XP and its leaders to mitigate the risk of rumors regarding the future of the company, and to communicate accurate information to its employees in an orderly manner. At that time, XP was exploring options to sell portions of its business, including Mr. Kim’s desk. 5 5 of 10 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 05/31/2024 25. As a result, on January 27, 2020, Albert Da Silva, a member of XP’s compliance team, sent an e-mail to the entire New York office, copying me, and instructing all employees that “nothing beyond the announcement” of Mr. Silveira’s departure and any potential sale of XP’s business “is to be discussed/commented outside of XPNY.” (emphasis in original.) The New York office was further advised that the failure to comply with this directive “may result in disciplinary action up to, and including, termination.” A copy of the email is attached hereto as Exhibit H at XPI-00000702. 26. Mr. Kim disobeyed this directive by sending a reply-all e-mail to the New York office, in which he openly questioned and criticized the manner in which news of Mr. Silveira’s departure and the potential sale of some of XP’s business was managed by XP. Mr. Kim further sowed confusion within the New York office by suggesting that XP had communicated a different message to the London office. A copy of the email is attached hereto as Exhibit H.. 27. Based on my experience as a seasoned HR professional, Mr. Kim’s January 27 e- mail was a classic act of insubordination. If Mr. Kim truly had a concern about how XP was communicating its message, he could have addressed the matter privately with his supervisor. Instead, Mr. Kim’s messaged the entire New York office in a manner that directly undermined the thrust of XP’s directive not to discuss the news of Mr. Silveira’s departure and potential changes at XP with anyone outside of the New York office. By suggesting that XP’s London office had received a different instruction, without describing the instruction, Mr. Kim admitted that he had been in contact with the London office about the announcement, sowed confusion about what had been discussed with the London office, and tacitly encouraged other members of the New York office to do the very thing that Albert Da Silva’s email had prohibited. 6 6 of 10 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 05/31/2024 28. Further, Mr. Kim’s email criticized the manner in which Mr. Silveira’s replacement, Caio Azevedo, had communicated with the London office. This had the effect of undermining Mr. Azevedo’s credibility and the trust that he sought to establish as the new leader of XP’s Offshore Business in New York and London. Mr. Kim’s email also made it appear as though XP had concealed information about the business from its New York employees. 29. Mr. Kim’s insubordinate actions were exacerbated by the time and manner in which he chose to communicate his criticism. First, it was sent to the entire New York office, thereby amplifying his message. Second, it was sent shortly after Mr. Azevedo became Mr. Kim’s supervisor, at a sensitive time when Mr. Azevedo was attempting to build trust and respect with the New York office. Third, it was deliberately vague in describing the supposed other instruction, which added to the confusion and anxiety, especially given XP’s directive not to speak with the London office. Fourth, it openly defied the instruction from XP not to communicate outside of New York. 30. By the actions described herein, Mr. Kim repeatedly and directly has violated XP’s Employee Handbook, Code of Conduct, XP Code, as well as the January 27, 2020 e-mail directive from XP. 31. On the same day – January 27, 2020 – I prepared and sent a notice to Mr. Kim suspending him from the company until further notice. A true and accurate copy of that notice is attached hereto as Exhibit H. 7 7 of 10 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 05/31/2024 21 day of May, 2024, under the Pursuant to New York C.P.L.R. § 2106, I affirm this ____ penalties of perjury under the laws of New York, which may include a fine or imprisonment, that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. By: _____________________________________ Laura Zitronenblatt 8 8 of 10 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 05/31/2024 CERTIFICATE OF WORD COUNT The undersigned hereby certifies that the foregoing May 21, 2024 Affirmation of Laura Zitronenblatt contains 1,904 words according to the word count of the word-processing software used to prepare the document, excluding the caption and signature block. Dated: May 31, 2024 By: /s/ Henry K. Parr KASOWITZ BENSON TORRES LLP Joshua D. Fulop Brian S. Choi Henry K. Parr 1633 Broadway New York, New York 10019 Tel. (212) 506-1700 Attorneys for Defendant XP Securities, LLC 8 9 of 10 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 05/31/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BRUCE KIM Index No.651341/2020 Plaintiff, Mot. Seq. No. 3 -against Hon. Jennifer G. Schecter XP SECURITIES,LLC, n/k/a XP INVESTMENTS US, LLC, Defendant. CERTIFICATE OF CONFORMITY 1. This Certificate of Conformity is submitted pursuant to CPLR 2309(c). 2. I am an attorney duly licensed to practice law in the State of New York. 3. I certify that the annexed affirmation of Laura Zitronenblatt, dated May 21, 2024, was taken in the manner prescribed by the laws of the State of New York and, based upon my review, conforms to the laws thereof. Dated: New York, New York May 31, 2024 Henry K. Parr, Esq. Kasowitz Benson Torres 1633 Broadway New York, New York 10019 (212)506-1700 Sworn to before me this 31st day of May,2024 NOEMI MACIAS NOTARY PUBLIC, STATE OF NEW YORK NO. 01MA6410434 QUALIFIED IN NEW YORK COUNTY COMMISSION EXPIRES OCTOBER 26,20 2 Notary Public 9 10 of 10