Anderson v. Amazon.com, Inc.

Opinion

WJiY iLyY Jessie M. Djata Attorney At Law

September 18, 2024 VIA ECF United States District Judge Arun Subramanian United States District Court Southern District of New York 500 Pearl Street, Courtroom 15A New York, NY 10007 Re: Anderson v. Amazon.com, Inc., et al.; No. 23-cv-08347 Dear Judge Subramanian: I am lead counsel for Plaintiff in the above-referenced matter. Pursuant to Rule 36(a) of the Federal Rules of Civil Procedure, the statements of a request for admission are deemed automatically admitted “unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter...” Fed. R. Civ. P. 36(a)(3) If the party to whom the request is directed fails to respond and/or seek judicial intervention to submit their response beyond the deadline, any matters admitted under this rule are conclusively established. Fed. R. Civ. P. 36(b). In the instant case, in accordance with the Case Management Plan and Scheduling Order dated December 11, 2023 (Docket No. 53), the undersigned counsel timely submitted Plaintiff's Requests for Admission on August 9, 2024 (See attached Exhibit). Pursuant to Rule 36(a), any responses or objections were due within 30 days. In an August 30, 2024 email correspondence from Michael Goettig, lead counsel for defendants, Mr. Goettig asked that “the date on which Amazon responds to Ms. Anderson’s requests for admission be extended from September 6, 2024 (the day after the mediation) to September 13, 2024 (the following Friday).” Although Plaintiff agreed to Defendants’ request for additional time, Defendants failed to submit a response by the agreed-upon date. Furthermore, Defendants neither requested additional time from Plaintiff nor sought judicial intervention which, in accordance with Rule 3(c) of Your Honor’s Individual Practice Rules, they were obligated to pursue at least two days prior to the September 13, 2024 deadline (by September 11, 2024). As such, in accordance with Rule 36, Plaintiff’s 122 Requests for Admission should be deemed “admitted” and “conclusively established”. Jessie M. Djata, Esq. ¢ 2196 Third Avenue, #31636, New York, NY 10035 « (917) 765-7475

Notably, courts in the Second Circuit have consistently held that statements contained in requests for admission are admitted where a party, as here, fails to respond to the request altogether and/or makes no effort to obtain an extension. See In Re Ladouceur, No 95 Civ. 271(RSP), 1996 WL 596718, at 5 (N.D.N-Y. Oct. 15, 1996) (where the Court concluded that “even though the result may seem harsh” the defendant's claims were insufficient to excuse their failure to respond to the Request or make a motion for additional time). See also Donovan v. Carls Drug Co., 703 F.2d 650 at 651 (2d Cir.1983) (where the District Court for the Northern District of New York denied defendant's motion to permit the late filing of a response to plaintiff's request for admissions, the Court of Appeals, Second Circuit upheld the District Court’s decision, concluding that “the court is not required to make an exception to Rule 36 even if both the merits and prejudice issues cut in favor of the party seeking exception to the rule.”); In re Candor Diamond Corp., 76 B.R. 342, 349 n.3 (Bankr. S.D.N.Y. 1987) (where statements were deemed admitted where party was late in submitting their response); In re Carousel Candy Co., 38 B.R. 927, 936 (Bankr. E.D.N.Y. 1984) (where the statements were deemed admitted after the party failed to respond). Furthermore, while exceptions to the Rule are permitted when (1) the presentation of the merits will be aided and (2) no prejudice to the party obtaining the admission will result, we submit that these exceptions do not apply here. First, Plaintiff’s Requests lack any conclusions of law and will, therefore, serve to narrow issues and speed the resolution of claims. Donovan at 652. Additionally, this matter is days from the end of discovery and Plaintiff is already awaiting the receipt of a number of discovery demands which defendants have been submitting in piecemeal fashion. And, significantly, despite the exceptions, the court in Ng v. HSBC Mortg. Corp., 07-CV—5434, 2011 WL 3511296 (E.D.N.Y. Aug. 10, 2011) held that it has “the discretion to disregard lack of prejudice and deem the statements admitted “even though the result may seem harsh.” Id. at 6. Please note that this is Plaintiff’s first request that Plaintiff's Requests for Admission be deemed admitted and good cause exists for this request. Before submitting this application to the Court, I consulted with defense counsel, who for the first time advised counsel that they planned to submit their responses today. Please note there are no scheduled appearances and other existing deadlines include the October 4, 2024 deadline for discovery, the filing of post-discovery summary judgment motions by October 18, 2024, answering papers by November 8, 2024, and reply papers by November 22, 2024. Jessie M. Djata, Esq. ¢ 2196 Third Avenue, #31636, New York, NY 10035 « (917) 765-7475

Ww iLY Jessie M. Djata Attorney At Law

Accordingly, for the reasons outlined above, Plaintiff respectfully requests that Plaintiffs Requests for Admission be deemed admitted.

Respectfully submitted, JMD Law Group ' ( ' ji ll Vil Jessie M. Dyjata, Esq. Cc: Michael Goettig, Esq. (Counsel for Defendants) (Via ECF)

The parties are directed to jointly call chambers today between the hours of 2pm ET and 5pm ET.

SO ORDERED

Arun Sabean on US.D,. Dated: September 18, 2024 Jessie M. Djata, Esq. ¢ 2196 Third Avenue, #31636, New York, NY 10035 « (917) 765-7475

ww WJiY iLyY Jessie M. Djata Attorney At Law

August 9, 2024

SENT VIA ELECTRONIC MAIL Mr. Michael Goettig, Esq. Davis Wright Tremaine LLP 1251 Avenue of the Americas, 21st Floor New York, NY 10020-1104 Re: Anderson v. Amazon.com, Inc., et al Dear Mr. Goettig: As you are aware, we represent Plaintiff, Keesha Anderson, in the above-referenced matter. Pursuant to Fed. R. Civ. P. 36, enclosed are Plaintiff’s Requests for Admission to defendants numbered 1 through 122, along with copies of Defendants’ Workplace Discrimination, Harassment, and Bullying Policy and the Amazon General Marketing Manager (GMM) Role Guideline as referenced in Requests for Admission Number 14 and 18, respectively. The Plaintiff reserves the right to supplement these requests as appropriate. Thank you. Regards, i | [| L le Jessie M. Djata, Esq. Cc: Rodrigo Tranamil, Esq.

Jessie M. Djata, Esq. * 2196 Third Avenue, #31636, New York, NY 10035 « (917) 765-7475

UNITEDSTATESDISTRICTCOURT SOUTHERN DISTRICTOF NEWYORK ---------------------------------------------------------------------X KEESHAANDERSON, CaseNo. 1:23-cv-8347 Plaintiff, PLAINTIFF’S REQUESTS FORADMISSION -against- AMAZON.COM, INC.andAMAZON.COMSERVICES, Defendants. --------------------------------------------------------------------X Plaintiff, KEESHA ANDERSON (“PLAINTIFF”), requests that Amazon.com, Inc. and Amazon.com Services (“DEFENDANTS”) answer fully the following set of Request for Admissions, in writing and under oath, pursuant to Rule 36 of the Federal Rules of Civil Procedure and that said answers be signed, verified, and served within thirty (30) days after service is made upon you. Please be cautioned thatifyoufailto admitordenyany mattersupon which admissions are sought and Plaintiff is able to prove the truth thereof, Rule 37(c) of the Federal Rules of Civil Procedure permits plaintiff to apply to the Court for an order that defendantpaytoPlaintiffthecostsincurredinmakingsuch proof. DEFINITIONS “YOU” and “YOUR” shall mean Defendants Amazon.com, Inc.,Amazon.comServices,aswell asDefendants’companyrepresentatives. “PLAINTIFF”shallmeanPLAINTIFF,KEESHAANDERSON. REQUESTS FORADMISSION REQUEST FORADMISSION NO.1: Admit that Plaintiff is a member of a protected class(AfricanAmerican/Black)under42U.S.C. §1981etseq.,N.Y.Exec.Law§§296etseq., andN.Y.C. Admin.Code §8-101et seq. REQUEST FORADMISSION NO.2: Admit that defendants were aware of Plaintiff’s membership in a protected class (African American/Black)atthetime oftheallegeddiscriminatoryacts. REQUEST FORADMISSION NO.3: Admit thatPlaintiffreceivedanOfferLetterfromdefendantsdatedJuly 25,2019. REQUEST FORADMISSION NO.4: Admit thatthedocumentwithBatesrangeKA- 00043toKA- 00046isa trueandaccuratecopy ofPlaintiff’s offerletter. REQUEST FORADMISSION NO.5: Admit that Plaintiff was employed by defendants from August 19, 2019 through February 25, 2022. REQUEST FORADMISSION NO.6: Admit that Plaintiff was employed by Defendants as a Sr. Event & Experiential Marketing, a Level6position. REQUEST FORADMISSION NO.7: Admit that Plaintiff timely filed her federal complaint under 42 U.S.C. §1981 et seq. against defendants. REQUEST FORADMISSION NO.8: Admit that Plaintiff timely filed her federal complaint under N.Y. Exec. Law §§296 et seq. (the NewYorkStateHumanRights Law(“NYSHRL”))againstdefendants. REQUEST FORADMISSION NO.9: Admit that Plaintiff timely filed her federal complaintunderN.Y.C. Admin.Code §8-101etseq. (theNewYorkCity HumanRights Law(“NYCHRL”))againstdefendants. REQUEST FORADMISSION NO.10: Admit that [Defendant] requires all employees to follow its policies on [anti-discrimination, anti-harassment,etc.]. REQUEST FORADMISSION NO.11: Admit thatDefendantshavean Owner’sManualand GuidetoEmployment. REQUEST FORADMISSION NO.12: Admit that the document with Bates range AMZKA 000064 to AMZKA 000091 is a true and accurate copy of the Owner’s Manual andGuide toEmploymentavailabletoplaintiffduringher employmentwith defendants. REQUEST FORADMISSION NO.13: Admit thatDefendantshavea WorkplaceDiscrimination,Harassment,andBullying Policy. REQUEST FORADMISSION NO.14: Admit that the Workplace Discrimination, Harassment, and Bullying Policy enclosed with this submission is atrueandaccuratecopy. REQUEST FORADMISSION NO.15: Admit thatDefendantshavea PerformanceImprovementProcess Guideline. REQUEST FORADMISSION NO.16: Admit that the document with Bates range KA - 000481 to KA - 000484 is a trueandaccurate copy of the Performance Improvement Process Guideline available to plaintiff during her employmentwith defendants. REQUEST FORADMISSION NO.17: Admit thatdefendantshaveAmazonGeneralMarketingManager(GMM)RoleGuideline. REQUEST FORADMISSION NO.18: Admit that the Amazon General Marketing Manager (GMM) Role Guideline enclosed with this submission is atrueandaccuratecopy. REQUEST FORADMISSION NO.19: Admit thattherearedesignationswithin theLevel6roles. REQUEST FORADMISSION NO.20: Admit that Level 6 employees employed by defendants can be designated as ‘Level 6 IC’,if an individualcontributor. REQUEST FORADMISSION NO.21: Admit that Level 6 employees employed by defendants can be designated as ‘High Level 6’, if managingothers. REQUEST FORADMISSION NO.22: Admit thatinoraboutJuly or August 2019,JoshFein informedPlaintiffthatAmazonMusicwas interestedin“goingbig”in experiential. REQUEST FORADMISSION NO.23: Admit that in or about July or August 2019, Josh Fein informed Plaintiffthatshewouldbe able to growateamwith1to 2reports. REQUEST FORADMISSION NO.24: Admit thatShelbyCasewasfirst employedbydefendantsinAugust2016. REQUEST FORADMISSION NO.25: Admit thatShelbyCasewasaCaucasianfemale. REQUEST FORADMISSION NO.26: Admit that Shelby Case was a Level 6 employee during the fall of 2019 and had already been employedbydefendantsformorethan3years. REQUEST FORADMISSION NO.27: Admit thatShelbyCasewasonAbigailAkzin’s teamduringthe fallof 2019. REQUEST FORADMISSION NO.28: Admit that Abigail Akzin assisted Shelby Case with her doc by putting together a team to help Ms. Casewithherstrategydoc. REQUEST FORADMISSION NO.29: Admit thatShelbyCasewasmanagingat least1employeewhile still aLevel6employee. REQUEST FORADMISSION NO.30: Admit that Plaintiff complained to Mark Dizon on November 11, 2019, December 2, 2019 and December9,2019regardingAbigailAkzin’s behavior. REQUEST FORADMISSION NO.31: Admit thatPlaintiffcomplainedtoMarkDizonthatAbigailAkzinbroughtTerikaPalmertotheir firstmeetingbecausePlaintiffandTerikaPalmerwerebothblack. REQUEST FORADMISSION NO.32: Admit that Plaintiff complained to Mark Dizon about Abigail Akzin’s “passion point for hip-hop”comment. REQUEST FORADMISSION NO.33: Admit that Plaintiff complained to Mark Dizon that Shelby Case was getting more assistance with herstrategydoc. REQUEST FORADMISSION NO.34: Admit thatPlaintiff’s complaintstoMarkDizonconstituted“protectedactivity.” REQUEST FORADMISSION NO.35: Admit that Plaintiff complained to Ryan Redington in or about November 2019 regarding AbigailAkzin’s behavior. REQUEST FORADMISSION NO.36: Admit that Plaintiff complained to Ryan Redington in or about December 2019 regarding AbigailAkzin’s behavior. REQUEST FORADMISSION NO.37: Admit that PlaintiffcomplainedtoRyanRedingtonthather(Plaintiff’s)interactionswithAbigail Akzincausedher(Plaintiff)tofeelsicktoherstomach. REQUEST FORADMISSION NO.38: Admit that Tami Hurwitz never gave Plaintiff any documented feedback while serving as her skip levelmanager. REQUEST FORADMISSION NO.39: Admit that Abigail Akzin never gave Plaintiff any documented feedback while serving as her manager. REQUEST FORADMISSION NO.40: Admit that the document with Bates number AMZKA 000194 is a true and accurate copy of Plaintiff’s 2019Fortereport. REQUEST FORADMISSION NO.41: Admit that Plaintiff was transferred from Tami Hurwitz’s group to Ryan Redington’s group to separateher(Plaintiff)fromAbigailAkzin. REQUEST FORADMISSION NO.42: Admit that in or about January 2020, Ryan Redington informed Plaintiff that she would not be supervisinganyemployees. REQUEST FORADMISSION NO.43: Admit thatPlaintiffhadameetingwithMarkDizononFebruary20,2020. REQUEST FORADMISSION NO.44: Admit that during their February 20, 2020 meeting, Plaintiff complained to Mark Dizon that Ryan Redington’s decision that Plaintiff would not supervise employees felt like retaliation for complainingaboutAbigailAkzin. REQUEST FORADMISSION NO.45: Admit thatdefendants’performanceassessment andcompensationadjustmentstypicallyoccurin oraboutApril. REQUEST FORADMISSION NO.46: Admit thatPlaintiffwaseligibleforaperformanceassessmentincalendaryear2020. REQUEST FORADMISSION NO.47: Admit that Plaintiff did not receive a verbal performance assessment by Ryan Redingron for calendaryear2020. REQUEST FORADMISSION NO.48: Admit that while Ryan Redington prepared an assessment ofPlaintiff’s performancein 2020,he neversharedit withher. REQUEST FORADMISSION NO.49: Admit that the document with Bates range AMZKA 000195 to AMZKA 000198 is a true and accuratecopyofPlaintiff’sFortefor2020,whichwas preparedbyRyan Redington. REQUEST FORADMISSION NO.50: Admit that Ryan Redington never verbally communicated to Plaintiff the results of her 2019 performanceassessment. REQUEST FORADMISSION NO.51: Admit that Ryan Redington never informed Plaintiff that she was not meeting the requirements oftheLevel6role. REQUEST FORADMISSION NO.52: Admit thatPlaintiffwaseligibleforacompensationadjustmentincalendaryear2020. REQUEST FORADMISSION NO.53: Admit thatPlaintiffdid not receivea compensationadjustmentinthe calendaryear2020. REQUEST FORADMISSION NO.54: Admit that, prior to Plaintiff’s complaints about Abigail Akzin, Plaintiff’s projected budget for 2020wasapproximately$6,000,000 ($3,000,000of whichwasdesignatedforPrimeDay). REQUEST FORADMISSION NO.55: Admit thatPlaintiff’s 2020 budgetwas ultimatelyreducedto$1,000,000. REQUEST FORADMISSION NO.56: Admit that Plaintiff’s location change from Seattle to the JFK14-CO location in NewYorkCity becameeffectiveonApril2,2020. REQUEST FORADMISSION NO.57: Admit thataspartofPlaintiff’s locationchange,shewas permittedtoworkfromhome. REQUEST FORADMISSION NO.58: Admit that the document with Bates number AMZKA 000063 is a true and accurate copy of Plaintiff’s LocationChangeAgreement. REQUEST FORADMISSION NO.59: Admit thatPlaintiffhadameetingwithMarkDizononApril8,2020. REQUEST FORADMISSION NO.60: Admit thatPlaintiffhadameetingwithMarkDizononApril24,2020. REQUEST FORADMISSION NO.61: Admit thatPlaintiffhadameetingwithMarkDizononMay 7,2020. REQUEST FORADMISSION NO.62: Admit that throughout Plaintiff’s employment with defendants, Plaintiff’s managers often assignedPlaintiffLevel4andLevel5tasks. REQUEST FORADMISSION NO.63: Admit thatthroughoutPlaintiff’s employment,Jamie FullenremainedaLevel5employee. REQUEST FORADMISSION NO.64: Admit thatJamieFullen wasa Caucasianfemale. REQUEST FORADMISSION NO.65: Admit that at various times throughout Plaintiff’s employment with defendants, her managers requestedthatshesupportJamieFullen byhandlingadministrativeandothertasks. REQUEST FORADMISSION NO.66: Admit thatdefendantsplacedPlaintiffinFocusonMay 26,2020. REQUEST FORADMISSION NO.67: Admit thatdefendantsissuedaTweetonMay31,2020in supportofthe GeorgeFloyd protests. REQUEST FORADMISSION NO.68: Admit that the document with Bates number KA - 000508 is a true and accurate copy of Defendants’Tweet. REQUEST FORADMISSION NO.69: Admit that defendants including, Ryan Redington, Kirdis Postelle, Tatiana Simonian nor Mark Dizon,everinformedPlaintiffthatshewasin Focus. REQUEST FORADMISSION NO.70: Admit that before placing Plaintiff in Focus, she wasnotadvisedthatshewas performingbelow expectations. REQUEST FORADMISSION NO.71: Admit that Plaintiff’s June 1, 2020 meeting with KirdisPostelleandTatianaSimonianabout her docwasthefirsttimeshehadreceivedfeedbackonacompleteddoc. REQUEST FORADMISSION NO.72: Admit thatPlaintiffhadameetingwithMarkDizononJune 2,2020. REQUEST FORADMISSION NO.73: Admit thatinorabout2020, JamieFullenhad anumberofperformanceconcerns. REQUEST FORADMISSION NO.74: Admit that in or about June/July 2019, Tatiana Simonian sent a survey out to co-workers who workedwith JamieFullen toobtainfeedbackonJamieFullen’s performance. REQUEST FORADMISSION NO.75: Admit that the document with Bates range KA - 000516 to KA - 000518 is a true and accurate copyofthesurveythatTatianaSimonian sentouttoJamie Fullen’s coworkers. REQUEST FORADMISSION NO.76: Admit thattheprimarypurposeoftheJamieFullensurveywas tohelpimprove herperformance. REQUEST FORADMISSION NO.77: Admit thatPlaintiffhadameetingwithMarkDizononJuly 14,2020. REQUEST FORADMISSION NO.78: Admit thatPlaintiffwasaskedtoserveasacoachforJamieFullen during2020. REQUEST FORADMISSION NO.79: Admit thatPlaintiffwastold inJuly 2020thatherposition wasbeingrevamped. REQUEST FORADMISSION NO.80: Admit that the document with Bates range KA - 000127 - KA - 000129 is a true and accurate copyofthejobdescriptionfortherevampedposition. REQUEST FORADMISSION NO.81: Admit that Tatiana Simonian used the revamped position to pressure Plaintiff into voluntarily resigning. REQUEST FORADMISSION NO.82: Admit that Plaintiff was not eligible for a layoff severance like other employees in her position becauseshewastargetedfortermination. REQUEST FORADMISSION NO.83: Admit thatPlaintiffhadameetingwithMarkDizononAugust 12,2020. REQUEST FORADMISSION NO.84: Admit thatPlaintiffhadameetingwithMarkDizononAugust 19,2020. REQUEST FORADMISSION NO.85: Admit that after Plaintiff’s August 19, 2020 meeting with Mark Dizon, Mr. Dizon stopped respondingtoPlaintiff’s callsand requestsfora meeting. REQUEST FORADMISSION NO.86: Admit that Plaintiff attempted to accept the job offer for the revamped position but, after doing so, TatianaSimonian renegedtheoffer. REQUEST FORADMISSION NO.87: Admit that Tatiana Simonian canceled one-on-ones with Plaintiff for several weeks after renegingherjob offerfortherevampedposition. REQUEST FORADMISSION NO.88: Admit that on September 20, 2020, during a meeting with Tatiana Simonian and Mark Dizon, PlaintiffwasinformedthatshehadbeenplacedinPIVOT. REQUEST FORADMISSION NO.89: Admit that the document with bates range AMZKA 000180 to AMZKA 000193 is a true and accuratecopyofPlaintiff’sPivot Filefrom2020. REQUEST FORADMISSION NO.90: Admit that the documents with Bates range AMZKA 000209 to AMZKA 000213 are true and accuratecopiesofPlaintiff’s Pivot EntryFormdocuments. REQUEST FORADMISSION NO.91: Admit thatPlaintiffultimatelyoptedtoacceptaPerformanceImprovementPlan(PIP). REQUEST FORADMISSION NO.92: Admit that the document with Bates range AMZKA 000206 to AMZKA 000208 is a true and accuratecopyofPlaintiff’sinitial PIP. REQUEST FORADMISSION NO.93: Admit that the document with Bates number AMZKA 000214 is a true and accurate copy of Plaintiff’s updatedPIP. REQUEST FORADMISSION NO.94: Admit that when an employee is placed on a PIP, the documentation (i.e., Pivot file and PIP documents)remainapartoftheemployee’sfile. REQUEST FORADMISSION NO.95: Admit that defendants’ employees placed on a PIP could impact their ability to transfer or promotetoanotherposition inthefuture. REQUEST FORADMISSION NO.96: Admit that defendants’ employees placed on a PIP could impact their ability to receive salary increasesinthefuture. REQUEST FORADMISSION NO.97: Admit that in or about October 2020, Plaintiff was not invited byKirdisPostelletojoin amajor experientialmeetingrelatingtotheComing 2Americamoviethatwouldbe premieringin2021. REQUEST FORADMISSION NO.98: Admit that Plaintiff was taken off the PIP by Tatiana Simonian on November 18, 2020, two weeksbeforeit wasscheduledtoend. REQUEST FORADMISSION NO.99: Admit that soon after Plaintiff was taken off the PIP, Tatiana Simonian transferred to another groupwithin Amazon. REQUEST FORADMISSION NO.100: Admit thatfollowingTatianaSimonian’sdeparturefromRyanRedington’s group, KirdisPostelle becamePlaintiff’s directmanager. REQUEST FORADMISSION NO.101: Admit that after Plaintiff was taken off of the PIP, in a one-on-one with Kirdis Postelle, Ms. PostelleindicatedthatshewantedtogetPlaintiffpromoted. REQUEST FORADMISSION NO.102: Admit that the Plaintiff ultimately led the event related to the premier ofthe Coming 2America movie. REQUEST FORADMISSION NO.103: Admit that the document with Bates range AMZKA 000199 to AMZKA 000205 is a true and accuratecopyofPlaintiff’sFortefor2021whichwas preparedbyKirdisPostelle. REQUEST FORADMISSION NO.104: Admit thatPlaintiff’s budgetfor2021remainedapproximately$1,000,000. REQUEST FORADMISSION NO.105: Admit thatPlaintiffdid not receivea compensationincreasein 2021. REQUEST FORADMISSION NO.106: Admit that even after defendants’ events were being held “back outside” the Plaintiffcontinued to beoverlookedforexperientialopportunities. REQUEST FORADMISSION NO.107: Admit that Kirdis Postelle wasmadeawareofsome raciallymotivatedcommentsmadebyKelly Richduringacallwith anAfricanAmericaninternthattookplaceonJuly27or 28,2021. REQUEST FORADMISSION NO.108: Admit that Kirdis Postelle opted not to report Kelly Rich’s racially motivated comments to HumanResources. REQUEST FORADMISSION NO.109: Admit that Kirdis Postelle asked the Plaintiff to keep the circumstances surrounding the Kelly Richcommentsto herself. REQUEST FORADMISSION NO.110: Admit that Plaintiff was repeatedly told by Kirdis Postelle that events and experiential were a “lowpriority”ora“nice-to-have”. REQUEST FORADMISSION NO.111: Admit thatduring2021,thePlaintiffcontinuedto beassignedlowerlevel(Level4and5) tasks. REQUEST FORADMISSION NO.112: Admit thatthePlaintiffmadea numberofrequestsduring2021tobegroomedforpromotionand wentignoredbydefendants. REQUEST FORADMISSION NO.113: Admit that the Plaintiff made a number of requests during 2021 to grow a team that went ignored. REQUEST FORADMISSION NO.114: Admit that in orderforPlaintiff togetpromoted,sheneededtodemonstratean abilitytoperform Level6andLevel7tasks. REQUEST FORADMISSION NO.115: Admit that Kirdis Postelle advised the Plaintiff in December 2021 that she would be getting a newmanager. REQUEST FORADMISSION NO.116: Admit that getting a new manager would have the effect of further delaying Plaintiff’s opportunitytopromote. REQUEST FORADMISSION NO.117: Admit that the documents with Bates range KA - 000158 to KA - 000169 represent the documents inadvertently emailed by Emmy Gladney Vallejos, Global Head of HR for Amazon MusiconDecember6,2021. REQUEST FOR ADMISSION NO. 118: Admit that the New Year’s gift sent to the Plaintiff in early January 2022 by Kirdis Postelle was sent to all of the members of her team. REQUEST FOR ADMISSION NO. 119: Admit that after Kirdis Postelle stated that she would try to secure a bigger budget for the Plaintiff in 2022, Plaintiff was ultimately slated to receive the same $1,000,000 budget. REQUEST FOR ADMISSION NO. 120: Admit that Jamie Fullen, who was a Level 5 employee at the time, had a larger budget than the Plaintiff. REQUEST FOR ADMISSION NO. 121: Admit that, despite still being a Level 5 employee, Jamie Fullen was slated to have 1 to 2 reports in 2022. REQUEST FOR ADMISSION NO. 122: Admit that the document with Bates number KA - 00062 is a true and accurate copy of Plaintiff’s Restricted Stock Unit Summary as of October 6, 2020.

Dated: New York, New York August 9, 2024 Respectfully submitted, JMD Law Group (d/b/a) / ! | { Hel ili essie M. Dyata, Esq. 2196 Third Avenue Suite New York, New York 10035 (917) 501-7958 Attorneys for Plaintiff

CERTIFICATE OF SERVICE The undersigned certifies that a copy of Plaintiff’s Request for Admissions to Defendants was served on August 9, 2024, via electronic mail on the following:

Mr. Michael Goettig (michaelgoettig@dwt.com) Mr. Rodrigo Tranamil (rodrigotranamil@dwt.com) DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Floor New York, New York 10020 (212) 489-8230

Dated: New York, New York August 9, 2024 JMD Law Group (d/b/a) By: | i {| , pis ll | i essie M. Dyata, Esq.