1017-00004 · Entities. Aurelius Global Media Group · Discovery/Aldrich

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES — CENTRAL DISTRICT

PROPOUNDING PARTY

Defendant and Cross-Complainant Aurelius Media Americas Inc. ("AMA"), by and through its counsel of record, Calderwood & Harkness LLP, hereby propounds the following First Set of Special Interrogatories (Nos. 1–30) upon Plaintiff Gavin Aldrich ("Aldrich" or "Plaintiff"), and demands that Plaintiff respond to each interrogatory separately and fully, in writing and under oath, within the time and in the manner prescribed by the California Code of Civil Procedure.

CALDERWOOD & HARKNESS LLP Renata Vasquez (SBN 224578) Devon Archer (SBN 301462) Nadia Petrov (SBN 318945) 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7200 Facsimile: (213) 555-7201

Attorneys for Defendant and Cross-Complainant Aurelius Media Americas Inc.

PRELIMINARY INSTRUCTIONS

The following instructions shall apply to each and every interrogatory set forth below. To the extent that any instruction set forth herein conflicts with any provision of the California Code of Civil Procedure, the Code shall control.

1. Separate and Full Responses. Plaintiff is requested to respond to each interrogatory separately and fully in writing under oath, in accordance with California Code of Civil Procedure sections 2030.210 through 2030.240. Each response should be set forth immediately following the interrogatory to which it responds.

2. Time for Response. Responses are due within thirty (30) days of service of these interrogatories, pursuant to California Code of Civil Procedure section 2030.260. If these interrogatories are served electronically, the response deadline shall be extended by two (2) court days in accordance with California Code of Civil Procedure section 1010.6(a)(4)(B).

3. Inability to Respond Fully. If Plaintiff is unable to respond fully to any interrogatory after exercising due diligence to obtain the information necessary to respond, Plaintiff shall so state and shall set forth in detail the efforts made to obtain the information and the reasons why a complete response cannot be provided. In addition, Plaintiff shall identify all persons believed to have knowledge of the information sought by the interrogatory, including their names, addresses, telephone numbers, and the nature of the information believed to be possessed by each such person.

4. Continuing Duty to Supplement. Pursuant to California Code of Civil Procedure section 2030.310, Plaintiff has a continuing duty to supplement, amend, or correct any response to these interrogatories if Plaintiff obtains further information or if a response was incorrect or incomplete when made. Any supplemental or amended response shall be served promptly upon discovery of additional or corrective information.

5. Objections. If Plaintiff objects to any interrogatory, Plaintiff shall state the specific grounds for each objection with particularity. If an objection is interposed to only a portion of an interrogatory, Plaintiff shall provide a response to the remainder of the interrogatory to the extent not subject to the objection. A general or boilerplate objection without specific factual and legal justification is insufficient under California Code of Civil Procedure section 2030.240 and may result in the objection being deemed waived.

6. Protective Order. The parties have entered into a Stipulated Protective Order, which was filed with the Court and entered on February 15, 2023. Plaintiff may designate any response or portion thereof as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" in accordance with the terms of the Stipulated Protective Order, as appropriate. The existence of the Stipulated Protective Order does not relieve Plaintiff of any obligation to respond fully and completely to each interrogatory.

7. Scope. Unless otherwise stated, each interrogatory is intended to cover the time period from September 5, 2017 (the date of Plaintiff's Employment Agreement with AMA) to the date of Plaintiff's response to these interrogatories. Each interrogatory should be construed broadly and liberally, consistent with the broad scope of discovery under California Code of Civil Procedure section 2017.010.

DEFINITIONS

The following definitions shall apply throughout these interrogatories. Where a defined term is used in the singular, it shall include the plural, and vice versa. Where a defined term is used in the masculine, it shall include the feminine and neutral genders.

"YOU," "YOUR," "ALDRICH," or "PLAINTIFF" refers to Gavin Aldrich, individually, and includes his agents, representatives, attorneys, and any and all other persons acting or purporting to act on his behalf, including but not limited to employees, consultants, investigators, and any other persons engaged by or on behalf of Plaintiff in connection with this action or the events giving rise to this action.

"AMA" or "THE COMPANY" refers to Aurelius Media Americas Inc., a Delaware corporation with its principal place of business in Los Angeles, California, including its current and former officers, directors, employees, agents, and representatives.

"AGMG" refers to Aurelius Global Media Group PLC, a public limited company organized under the laws of England and Wales, the parent company of AMA, including its current and former officers, directors, employees, agents, and representatives.

"EMPLOYMENT AGREEMENT" refers to the Employment Agreement between AMA and Gavin Aldrich dated September 5, 2017, together with all exhibits, schedules, and attachments thereto, as amended by the First Amendment to the Employment Agreement dated August 1, 2020 (the "First Amendment"), and any and all other modifications, amendments, or supplements thereto, whether written or oral.

"HALCYON CREEK" refers to Halcyon Creek Productions LLC, a California limited liability company, including its members, managers, officers, employees, agents, representatives, and any persons or entities acting or purporting to act on its behalf.

"NINA CASTELLANOS" refers to Nina Castellanos, the principal of Halcyon Creek Productions LLC and a former employee of AMA, including any persons acting or purporting to act on her behalf.

"CONFIDENTIAL INFORMATION" shall have the meaning ascribed to that term in Section 9.4 of the Employment Agreement, and includes, without limitation, proprietary content, show formats, show format bibles, sizzle reels, pilot presentations, audience data and analytics, revenue projections and models, talent agreements and deal terms, programming strategies, marketing plans, financial statements, budgets, production schedules, business plans, client and vendor lists, and all other information designated as confidential by AMA or that would reasonably be understood to be confidential or proprietary to AMA.

"RESTRICTIVE COVENANT" refers to the restrictive covenant provisions set forth in Section 9 of the Employment Agreement, including: Section 9.1 (Non-Competition), Section 9.2 (Non-Solicitation of Employees), Section 9.3 (Non-Solicitation of Business Relationships), and Section 9.4 (Confidentiality).

"COMPETING ENTERPRISE" shall have the meaning ascribed to that term in Section 9.1 of the Employment Agreement, and refers to any entity that derives twenty-five percent (25%) or more of its annual revenue from the production, licensing, distribution, or exploitation of unscripted and/or reality television content in North America, including but not limited to broadcast, cable, streaming, and digital platforms.

"DOCUMENT" or "DOCUMENTS" shall have the meaning set forth in California Code of Civil Procedure section 2016.020, and includes electronically stored information ("ESI") of every kind and description, including but not limited to writings, drawings, graphs, charts, photographs, phone records, spreadsheets, databases, presentations, audio and video recordings, metadata, and any other data compilations from which information can be obtained, translated if necessary into a reasonably usable form.

"COMMUNICATION" or "COMMUNICATIONS" refers to any oral, written, or electronic exchange of information between two or more persons, however transmitted, including but not limited to emails, text messages, SMS messages, MMS messages, instant messages, Meridian Solutions messages, Northgate Data Systems messages, Meridian Services Inc. messages, signal messages, letters, memoranda, facsimiles, telephone calls, voicemails, in-person conversations, video conferences, audio conferences, social media messages, and any other means of conveying information.

"PERSON" refers to any natural person, corporation, partnership, limited liability company, joint venture, association, trust, governmental entity, unincorporated organization, or any other legal entity.

"IDENTIFY" (as to a PERSON) means to state: (a) the person's full legal name; (b) title or position held, if applicable; (c) employer or business affiliation, if applicable; (d) last known business and residential address; and (e) last known telephone number. If the person is an entity, state the entity's full legal name, form of organization, state of organization, principal place of business, and the name and title of the individual(s) most knowledgeable regarding the subject matter.

"IDENTIFY" (as to a DOCUMENT) means to state: (a) the type or nature of the document (e.g., letter, email, memorandum, report, spreadsheet); (b) the date of the document; (c) the author(s) or originator(s); (d) all addressees, recipients, and persons copied; (e) the subject matter or title of the document; (f) the number of pages (or approximate data volume for ESI); and (g) the present custodian and location of the document or, if the document is no longer in existence, the date and circumstances of its loss or destruction.

"IDENTIFY" (as to a COMMUNICATION) means to state: (a) the date and approximate time of the communication; (b) the identity of all participants (senders, recipients, and all persons present); (c) the medium of the communication (oral, written, or electronic, and the specific platform or method used); (d) the subject matter of the communication; and (e) the substance of the communication, including a summary of what was said, written, or conveyed by each participant.

"RELATING TO" or "CONCERNING" means referring to, describing, evidencing, constituting, reflecting, mentioning, pertaining to, arising from, having any connection with, directly or indirectly, or being relevant to the subject matter referenced.

SPECIAL INTERROGATORIES

INTERROGATORY NO. 1:

State the complete history of YOUR employment with AMA, including but not limited to: (a) the date on which YOU were hired by AMA (including whether YOUR hire date was September 5, 2017 or some other date); (b) all titles and positions YOU held during YOUR employment with AMA, including Vice President of Original Content and Senior Vice President of Original Content & Executive Producer, as well as any other titles, designations, or roles, whether formal or informal; (c) the date of each promotion, title change, or change in role, including the promotion effective January 1, 2020 in connection with the First Amendment dated August 1, 2020; (d) YOUR base salary at each stage of YOUR employment, including YOUR starting salary, each salary increase, and YOUR final base salary; (e) the identity of YOUR direct supervisor(s) at each stage of YOUR employment, including Dwayne Prescott, VP of Unscripted Programming, and Jonathan Mercer, President of AMA, and any other individuals who exercised supervisory authority over YOU; and (f) a description of the divisions, departments, show units, and production teams YOU oversaw, managed, or for which YOU had operational or creative responsibility during YOUR tenure at AMA.

INTERROGATORY NO. 2:

Describe in detail all facts and circumstances surrounding the termination of YOUR employment with AMA on October 14, 2022, including but not limited to: (a) YOUR understanding of the reasons stated by AMA for YOUR termination, including the specific grounds cited in any termination letter or verbal communication; (b) the identity of all persons who were present at or participated in the termination meeting, including by telephone or video conference; (c) the identity of all persons who participated in, recommended, approved, or directed the decision to terminate YOUR employment, including any persons at AMA, AGMG, or any outside advisors; (d) whether YOU were provided with a written notice of termination, and if so, IDENTIFY the notice; (e) whether YOU were informed, either orally or in writing, that YOUR termination was designated as a termination "for cause" under Section 7.2(b) of the Employment Agreement, and if so, the specific subsection(s) of the "for cause" definition cited by AMA; (f) the substance of all statements made by any AMA representative during the termination meeting; and (g) whether YOU were offered any severance, transition assistance, or other accommodation at the time of YOUR termination, and YOUR response thereto.

INTERROGATORY NO. 3:

State all facts supporting YOUR contention, as alleged in the Complaint, that the "for cause" designation of YOUR termination was pretextual, retaliatory, or otherwise improper, including but not limited to: (a) the identity of all persons with knowledge of facts supporting YOUR contention, and a description of the knowledge possessed by each such person; (b) the identity of all DOCUMENTS that support YOUR contention, and a description of the content of each such document; (c) the specific public policy or policies YOU contend were violated by YOUR termination, including the statutory, regulatory, or constitutional source of each such policy; (d) the specific protected activity or activities YOU contend YOU engaged in that motivated or contributed to AMA's decision to terminate YOUR employment; and (e) all circumstantial or direct evidence of retaliatory or pretextual motive on the part of any AMA officer, director, employee, or agent.

INTERROGATORY NO. 4:

Describe in detail all facts and circumstances relating to the restructuring directive issued by Jonathan Mercer in or about October 2022, including but not limited to: (a) the date or dates on which YOU first received the restructuring directive, and the manner in which it was communicated (e.g., email, in-person meeting, telephone call, memorandum); (b) the specific actions YOU were directed to take as part of the restructuring, including any directives regarding staff reductions, budget cuts, show cancellations, or reorganization of reporting lines; (c) YOUR response to the restructuring directive, including any objections, questions, or counterproposals YOU communicated to Mercer or any other AMA officer; (d) the content, substance, and recipients of YOUR email to Jonathan Mercer on or about October 10, 2022, in which YOU refused to implement the restructuring directive, including the specific reasons YOU stated for YOUR refusal; (e) the content and substance of the written warning issued by Jonathan Mercer to YOU on or about October 11, 2022, including the specific directives, deadlines, or consequences set forth therein; (f) the identity of all persons to whom YOU forwarded the email chain between YOU and Mercer on or about October 11, 2022, including the three show-runners and two division heads referenced in AMA's Cross-Complaint, and the email addresses to which the chain was forwarded; and (g) YOUR reasons for forwarding the email chain with the accompanying comment, "For your awareness — the London suits are gutting our operation," or words to that effect, including whether YOU intended to rally opposition to the restructuring, to warn colleagues of impending layoffs, or for any other purpose.

INTERROGATORY NO. 5:

Describe in detail YOUR relationship with Halcyon Creek Productions LLC, including but not limited to: (a) when YOU first became aware of Halcyon Creek, including the date, the circumstances of YOUR awareness, and the identity of the person or persons who first informed YOU of or introduced YOU to Halcyon Creek; (b) all COMMUNICATIONS between YOU and any representative, employee, agent, member, or manager of Halcyon Creek, including Nina Castellanos, from the date of YOUR first awareness of Halcyon Creek to the present, identifying each such communication; (c) whether YOU have or have ever had any financial interest, ownership stake, membership interest, equity interest, option, warrant, profit-sharing right, or any other economic right in Halcyon Creek, and if so, the nature, amount, and current status of such interest; (d) whether YOU have entered into any employment agreement, consulting agreement, independent contractor agreement, services agreement, memorandum of understanding, letter of intent, or any other business arrangement, whether written or oral, with Halcyon Creek, and if so, IDENTIFY each such agreement or arrangement and state its terms; and (e) all services, work, advice, introductions, referrals, or other contributions, if any, that YOU have performed for or on behalf of Halcyon Creek, including the dates, nature, and compensation (if any) received for each.

INTERROGATORY NO. 6:

Describe in detail YOUR relationship with Nina Castellanos, including but not limited to: (a) how and when YOU first met Nina Castellanos, including the date, location, and circumstances of YOUR first meeting; (b) all professional associations between YOU and Castellanos, including any prior employment at the same employer(s), any co-production work, any joint projects, or any other professional collaboration, and the dates thereof; (c) the nature and frequency of YOUR COMMUNICATIONS with Castellanos during YOUR employment with AMA from September 5, 2017 through October 14, 2022, including the general subject matter of such communications and whether any such communications related to Halcyon Creek or any business opportunity outside of AMA; (d) the nature and frequency of YOUR COMMUNICATIONS with Castellanos since YOUR termination from AMA on October 14, 2022, including the general subject matter of such communications and whether any such communications related to Halcyon Creek, potential employment or consulting opportunities, AMA Confidential Information, or the solicitation of AMA employees or business relationships; and (e) whether Castellanos has offered, proposed, or discussed with YOU any employment, consulting, advisory, or business opportunity, whether at Halcyon Creek or at any other entity, and if so, the date, substance, and terms of each such offer, proposal, or discussion.

INTERROGATORY NO. 7:

Describe in detail all instances in which YOU forwarded, transmitted, copied, downloaded, or otherwise sent or transferred emails, attachments, documents, files, data, or other materials from YOUR AMA email account (galdrich@aureliusmedia.com) to YOUR personal email account (galdrich.private@Northgate Software.com) or to any other personal email account, personal device, or personal cloud storage account, including but not limited to: (a) the approximate total number of such transmissions or transfers; (b) the date range during which such transmissions or transfers occurred, from the earliest to the most recent; (c) the general subject matter and content categories of the materials transmitted or transferred (e.g., show format bibles, financial projections, talent agreements, audience analytics, internal memoranda, personal records, performance reviews); (d) YOUR reason or justification for each category of transmission or transfer, including whether YOU contend that any such transmissions were necessary for the performance of YOUR job duties, for personal record-keeping purposes, or for any other purpose; and (e) whether YOU obtained authorization from any AMA officer, supervisor, department head, or the Information Technology or Business Affairs department before making any such transmission or transfer, and if so, IDENTIFY the person who provided authorization, the date of authorization, and the scope of the authorization granted.

INTERROGATORY NO. 8:

Describe in detail all instances in which YOU transmitted, forwarded, sent, or otherwise transferred any emails, attachments, documents, files, data, links, or other materials from YOUR AMA email account (galdrich@aureliusmedia.com), YOUR personal email account (galdrich.private@Northgate Software.com), or any other email account or electronic medium, to the email address info@halcyoncreekprod.com or to any other email address, file-sharing platform, cloud storage account, or electronic system associated with Halcyon Creek Productions LLC or Nina Castellanos, including but not limited to: (a) the date of each such transmission or transfer; (b) the specific content and attachments of each transmission or transfer, described with particularity; (c) YOUR reason or justification for each such transmission or transfer; (d) whether YOU obtained authorization from Jonathan Mercer, the Vice President of Business Affairs, the General Counsel, or any other AMA officer, supervisor, or department before making each such transmission or transfer, and if so, IDENTIFY the person who provided authorization and the date and scope of the authorization; and (e) whether any of the materials transmitted or transferred included any of the following: show format bibles, series bibles, or creative decks for "Apex Endurance," "The Remix," or "Untamed West"; pilot sizzle reels, pilot presentations, or proof-of-concept materials for any AMA program; the revenue model, financial projections, or pro forma budgets for the "Summit Challenge" franchise; audience analytics, demographic data, or viewership reports for any AMA program; or any other document or material that constitutes AMA Confidential Information.

INTERROGATORY NO. 9:

If YOU contend that any transmission or transfer of AMA materials to Halcyon Creek Productions LLC, Nina Castellanos, or any account or system associated with either was made in connection with a "potential co-production opportunity," a "joint venture," a "development partnership," or any similar business development purpose on behalf of AMA, state all facts supporting that contention, including but not limited to: (a) the identity of all persons at AMA who were informed of, consulted regarding, or who authorized such discussions or the transmission of materials, and the dates on which each such person was informed or consulted; (b) the identity of all DOCUMENTS reflecting, memorializing, or relating to the proposed co-production opportunity, including any emails, memoranda, meeting notes, presentations, or internal communications; (c) any term sheet, proposal, letter of intent, deal memo, agreement, or other written instrument relating to the proposed co-production, and if no such document exists, an explanation of why the proposed co-production was not documented in writing; (d) the proposed terms and structure of the co-production arrangement, including the respective contributions, responsibilities, ownership interests, revenue sharing, and intellectual property allocation of AMA and Halcyon Creek; (e) the specific AMA show concepts, formats, properties, or intellectual property that were the subject of the proposed co-production; and (f) whether AMA's Business Affairs department, Legal department, or General Counsel was consulted regarding the proposed arrangement, and if not, why not.

INTERROGATORY NO. 10:

Describe all instances in which YOU used personal devices, including but not limited to personal laptop computers, desktop computers, smartphones, tablets, external hard drives, USB flash drives, personal cloud storage accounts (such as personal Larkspur Technologies, Hollowell Health IT, Meridian Systems, or Cobalt Ridge Systems accounts), or any other non-AMA-issued device or system, to access, store, transmit, download, copy, or otherwise work with AMA Confidential Information or any other AMA documents, files, data, or materials, including but not limited to: (a) the specific types of personal devices and platforms used, identified by manufacturer, model, and/or service provider where possible; (b) the time period(s) during which personal devices were used for AMA business, including whether such use was regular, occasional, or limited to specific circumstances; (c) the types and categories of AMA materials accessed, stored, or transmitted on or through personal devices, described with reasonable particularity; (d) whether AMA-issued devices (including YOUR AMA-issued laptop, model or serial number if known) provided adequate remote access capabilities, including VPN access, remote desktop access, and access to AMA's cloud-based file management systems, and whether any technical limitations of AMA-issued devices contributed to YOUR use of personal devices; and (e) the identity of any AMA employee, supervisor, IT administrator, or officer who knew about, approved, or acquiesced in YOUR use of personal devices for AMA business, and the basis for YOUR belief that such person(s) had knowledge of or approved such use.

INTERROGATORY NO. 11:

State whether YOU were aware of and understood, at all relevant times during YOUR employment with AMA: (a) the confidentiality provisions set forth in Section 9.4 of the Employment Agreement, including the definition of Confidential Information and the restrictions on the use, disclosure, and retention of Confidential Information; (b) the terms and requirements of AMA's Acceptable Use and Confidentiality Policy, as last revised in or about March 2021 (the "AUC Policy"), including provisions regarding the use of company email systems, the transmission of company data to personal accounts or external parties, and the handling of proprietary information; and (c) whether YOU signed an acknowledgment of the AUC Policy on or about April 12, 2021, confirming that YOU had read, understood, and agreed to abide by the terms of the AUC Policy. If YOU contend that any specific materials that YOU transmitted to YOUR personal email account, to Halcyon Creek, to Nina Castellanos, or to any other non-AMA recipient or system did not constitute "Confidential Information" as defined in Section 9.4 of the Employment Agreement or as covered by the AUC Policy, IDENTIFY each such material with reasonable particularity and state the factual and legal basis for YOUR contention that it was not confidential.

INTERROGATORY NO. 12:

State whether YOU were aware of and understood the restrictive covenant provisions set forth in Section 9 of the Employment Agreement at the time of YOUR termination on October 14, 2022, and at all relevant times during YOUR employment with AMA, including but not limited to: (a) the non-competition clause set forth in Section 9.1 of the Employment Agreement, which provides for an eighteen (18) month post-termination non-competition period; (b) the non-solicitation of employees clause set forth in Section 9.2 of the Employment Agreement, which provides for a twenty-four (24) month post-termination restriction on soliciting AMA employees; (c) the non-solicitation of business relationships clause set forth in Section 9.3 of the Employment Agreement, which provides for a twenty-four (24) month post-termination restriction on soliciting AMA business relationships with whom Plaintiff had material contact; and (d) the confidentiality clause set forth in Section 9.4 of the Employment Agreement, which provides for an indefinite obligation to maintain the confidentiality of AMA Confidential Information. In addition, state whether YOU received independent legal advice, from YOUR own personal attorney or any other attorney not affiliated with AMA, regarding the enforceability, scope, or implications of these restrictive covenant provisions prior to executing the Employment Agreement on September 5, 2017 or the First Amendment on August 1, 2020, and if so, IDENTIFY the attorney(s) who provided such advice and the substance of the advice received.

INTERROGATORY NO. 13:

State all employment positions, consulting engagements, independent contractor arrangements, advisory roles, board memberships, and any other compensated or uncompensated positions or business activities YOU have held, performed, or undertaken since YOUR termination from AMA on October 14, 2022, including for each such position, engagement, or activity: (a) the full legal name and address of the employer, engaging entity, or organization; (b) YOUR title, role, or designation; (c) the start date of the engagement; (d) the end date of the engagement, if applicable, or a statement that the engagement is ongoing; (e) YOUR total compensation, including base salary or consulting fee, bonus or incentive compensation, equity grants or options, profit-sharing, and any other form of compensation or economic benefit received or promised; (f) a detailed description of YOUR duties and responsibilities in each position or engagement; and (g) whether the employer, entity, or organization is a "Competing Enterprise" as defined in Section 9.1 of the Employment Agreement — that is, any entity deriving twenty-five percent (25%) or more of its annual revenue from the production, licensing, distribution, or exploitation of unscripted and/or reality television content in North America — and the basis for YOUR response.

INTERROGATORY NO. 14:

Describe all efforts YOU have made since October 14, 2022 to seek and obtain employment, consulting engagements, or other professional opportunities, including but not limited to: (a) the identity of each prospective employer, entity, or individual with which or whom YOU have discussed, applied for, or been considered for employment, consulting, or other professional engagement; (b) the date of each application, inquiry, interview, or discussion; (c) the position, role, or engagement discussed; (d) whether an offer of employment or engagement was extended and, if so, the material terms of the offer, including compensation, title, duties, start date, and any restrictive covenants; (e) whether YOU accepted or declined any offer and the reasons for YOUR decision; and (f) whether any prospective employer, entity, or individual declined to hire, engage, or continue discussions with YOU and, if so, the reasons stated to YOU or believed by YOU for the refusal or discontinuation. This interrogatory is directed to YOUR duty to mitigate damages, as applicable to YOUR claims for lost compensation and severance.

INTERROGATORY NO. 15:

State whether, at any time since YOUR termination from AMA on October 14, 2022, YOU have directly or indirectly solicited, recruited, encouraged, induced, or attempted to solicit, recruit, encourage, or induce any current or former employee of AMA to leave AMA's employment, to refrain from accepting employment with AMA, or to join any other employer, entity, or business venture, including Halcyon Creek Productions LLC, including but not limited to: (a) the identity of each person whom YOU solicited, recruited, encouraged, or attempted to solicit, recruit, or encourage; (b) the date(s) and nature of each solicitation, recruitment effort, or communication; (c) the employer, entity, or business venture on whose behalf the solicitation was made, or if on YOUR own behalf, so state; (d) whether any current or former AMA employee left AMA's employment or accepted a position with another employer or entity as a result of, or in connection with, YOUR solicitation or communications; and (e) whether YOU were acting at the direction of or in concert with Nina Castellanos, Halcyon Creek, or any other person or entity in connection with any such solicitation.

INTERROGATORY NO. 16:

State whether, at any time since YOUR termination from AMA on October 14, 2022, YOU have directly or indirectly solicited, contacted, communicated with, or attempted to divert, redirect, or interfere with any network, streaming platform, cable operator, advertiser, sponsor, production partner, talent agency, or other business relationship of AMA with whom YOU had material contact during the twenty-four (24) months preceding YOUR termination, including but not limited to: (a) the identity of each entity or person contacted or solicited; (b) the date(s), medium, and substance of each contact or solicitation; (c) the purpose of the contact, including whether the contact was made for the purpose of securing business for Halcyon Creek, for a new employer, for YOUR own independent production company, or for any other purpose; and (d) whether any AMA business relationship has been diverted, redirected, disrupted, or terminated as a result of YOUR activities, contacts, or communications, and if so, the nature and extent of the diversion, disruption, or termination.

INTERROGATORY NO. 17:

State whether YOU are currently in possession, custody, or control of any property belonging to AMA or containing AMA Confidential Information, including but not limited to: (a) YOUR AMA-issued laptop computer or any other AMA-issued device (smartphone, tablet, external hard drive, or other equipment); (b) any physical documents, files, binders, notebooks, or other tangible materials containing AMA Confidential Information; (c) any electronic documents, files, data, or copies thereof (in any format, including PDF, Word, Excel, Northgate Services Inc., JPEG, MP4, or any other format) containing AMA Confidential Information stored on personal devices, personal email accounts (including galdrich.private@Northgate Software.com), personal cloud storage accounts (including any Larkspur Technologies, Hollowell Health IT, Meridian Systems, or Cobalt Ridge Systems account), USB flash drives, external hard drives, or any other non-AMA system or medium; and (d) any show format bibles, series bibles, creative decks, sizzle reels, pilot presentations, revenue models, financial projections, audience analytics reports, talent deal terms, production budgets, marketing plans, or other proprietary AMA materials, in any format. If YOU contend that YOU have returned, deleted, destroyed, or otherwise disposed of all such property, state with specificity when and how the return, deletion, or destruction occurred, including the date(s) of return or deletion, the method(s) used (e.g., physical return to AMA offices, secure deletion software, manual deletion from devices), and the identity of any witnesses to or documentation of the return, deletion, or destruction.

INTERROGATORY NO. 18:

Set forth the complete factual basis for YOUR claim, as alleged in the Complaint, that YOU are entitled to severance payments totaling Nine Hundred Seventy Thousand Dollars ($970,000.00), which YOU calculate as twenty-four (24) months of base salary at Four Hundred Eighty-Five Thousand Dollars ($485,000.00) per year, including but not limited to: (a) the specific provision(s) of the Employment Agreement or First Amendment on which YOU rely to support YOUR entitlement to severance, including the section number(s) and the specific language on which YOU rely; (b) YOUR contention as to why the "for cause" designation under Section 7.2(b) of the Employment Agreement does not apply to YOUR termination, including YOUR contention that the designation was pretextual or otherwise improper; (c) any other amounts YOU contend are owed to YOU under the severance provisions of the Employment Agreement or the First Amendment, including but not limited to pro-rata bonus payments, COBRA premium subsidies, outplacement assistance, or any other benefits; and (d) whether YOU contend that the severance amount should be calculated differently than as set forth in the Complaint, and if so, the basis for any alternative calculation.

INTERROGATORY NO. 19:

Set forth the complete factual basis for YOUR claim that YOU are entitled to a pro-rata bonus for fiscal year 2022 in the amount of One Hundred Sixty-Eight Thousand Seven Hundred Fifty Dollars ($168,750.00), including but not limited to: (a) the calculation methodology supporting this figure, including YOUR contention that it is based on YOUR last annual bonus of Two Hundred Twenty-Five Thousand Dollars ($225,000.00) for fiscal year 2021, prorated for approximately nine and one-half (9.5) months of service in fiscal year 2022; (b) the specific provision(s) of the Employment Agreement, the First Amendment, or any other agreement or AMA policy governing bonus payments, including whether the bonus was a guaranteed minimum, a discretionary bonus, or a performance-based bonus; (c) the performance criteria, metrics, or targets, if any, that were required to be met for payment of the fiscal year 2022 bonus; (d) whether YOU contend that YOU met or would have met all applicable performance criteria for the fiscal year 2022 bonus; and (e) whether any portion of the claimed bonus amount has been paid by AMA, and if so, the amount and date of payment.

INTERROGATORY NO. 20:

Set forth the complete factual basis for YOUR claim that YOU are entitled to accelerated vesting of fifteen thousand three hundred (15,300) unvested restricted stock units ("RSUs") of AGMG, including but not limited to: (a) the total number of RSUs originally granted to YOU, including whether the total was forty-two thousand five hundred (42,500) or some other number; (b) the date(s) of grant and the vesting schedule applicable to each grant (including the number of tranches and the vesting dates); (c) the number of RSUs that had vested as of YOUR termination date of October 14, 2022; (d) the number of RSUs that remained unvested as of YOUR termination date, and confirmation of whether that number is fifteen thousand three hundred (15,300) or some other figure; (e) the per-share value YOU assign to the unvested RSUs and the basis for that valuation, including the AGMG share price on or about the date of YOUR termination (approximately £18.79 per share as of October 2022), the exchange rate applied (approximately $1.155 per £1.00), and the resulting per-share value in U.S. dollars (approximately $21.71 per share); (f) the total value of the unvested RSUs as calculated by YOU (Three Hundred Thirty-Two Thousand Two Hundred Dollars ($332,200.00), or such other amount as YOU contend is correct); and (g) the specific provision(s) of the Employment Agreement, the First Amendment, the AGMG equity incentive plan, or any RSU award agreement on which YOU rely for YOUR contention that YOU are entitled to accelerated vesting of unvested RSUs in the event of a termination without cause, including whether the acceleration provision is automatic or discretionary.

INTERROGATORY NO. 21:

Set forth the complete factual basis for YOUR claim of Five Hundred Thousand Dollars ($500,000.00) in emotional distress damages, including but not limited to: (a) the specific emotional injuries YOU claim to have suffered as a result of YOUR termination and/or AMA's conduct, described with reasonable particularity (e.g., anxiety, depression, insomnia, loss of appetite, humiliation, fear, post-traumatic stress, inability to concentrate); (b) whether YOU have sought or received treatment from any healthcare provider, including any physician, psychologist, psychiatrist, therapist, licensed clinical social worker, counselor, or any other mental health professional, for emotional distress, anxiety, depression, or any other psychological or emotional condition that YOU attribute in whole or in part to YOUR termination from AMA or to the events giving rise to this action, and if so, the identity (name, address, and specialty) of each provider, the dates of treatment, and the diagnosis or diagnoses rendered; (c) any medications prescribed to YOU in connection with YOUR claimed emotional distress, including the name of each medication, the prescribing provider, the dates of prescription, and the dosage; (d) any limitations on YOUR daily activities, personal relationships, or professional activities that YOU attribute to YOUR claimed emotional distress; and (e) any prior history, whether before or during YOUR employment at AMA, of emotional distress, anxiety, depression, insomnia, or similar psychological or emotional conditions, including the dates, the nature of the condition, the treating provider(s), and any treatment received.

INTERROGATORY NO. 22:

Set forth the complete factual basis for YOUR claim of One Million Two Hundred Thousand Dollars ($1,200,000.00) in lost future compensation, calculated over a two (2) year horizon, including but not limited to: (a) the specific components of compensation YOU contend YOU would have received had YOUR employment with AMA continued for an additional two years, including base salary, bonus, RSU vesting, and any other compensation; (b) any assumptions YOU have made regarding salary increases, bonus levels, equity grants, promotions, or other changes in compensation during the two-year period, and the basis for each assumption; (c) the methodology and calculations used to arrive at the total claimed amount of $1,200,000.00, including any present-value discounting, growth assumptions, or other financial adjustments; and (d) any income YOU have earned, are currently earning, or reasonably expect to earn from other employment, consulting, or business activities during the claimed two-year period (from approximately October 14, 2022 through approximately October 14, 2024) that should be offset against this claim, and the amount of each such offset.

INTERROGATORY NO. 23:

Set forth the complete factual basis for YOUR claim of Twenty-Eight Thousand Four Hundred Dollars ($28,400.00) in unreimbursed business expenses under California Labor Code section 2802, including but not limited to: (a) an itemized list of each expense claimed, including the date of the expense, the amount, a description of the expense, the vendor or payee (if applicable), and the specific business purpose of the expense; (b) whether YOU submitted a reimbursement request for each expense through AMA's expense reimbursement system (e.g., Concur or any other expense management platform used by AMA) in accordance with AMA's expense reimbursement policies, and if so, the date of each submission; (c) if reimbursement requests were submitted, the response received from AMA, including whether the request was approved, denied, or left pending, and the reason given for any denial; (d) the identity of all DOCUMENTS supporting each claimed expense, including receipts, invoices, credit card statements, and expense reports; and (e) the specific categories of expenses claimed, including but not limited to travel expenses (airfare, hotel, ground transportation, meals), client and talent entertainment expenses, personal cell phone use for business purposes, home office or remote work expenses, and any other category of expense.

INTERROGATORY NO. 24:

Set forth the complete factual basis for YOUR claim of Seven Hundred Fifty Thousand Dollars ($750,000.00) in attorneys' fees, including but not limited to: (a) the fee arrangement between YOU and YOUR counsel, Whitfield & Associates (represented by Cameron Whitfield and Julia Nazarian, 9465 Wilshire Boulevard, Suite 320, Beverly Hills, California 90212), including whether the arrangement is based on hourly rates, a contingency fee, a hybrid arrangement, or some other billing structure; (b) the hourly rates charged by each attorney and paralegal working on this matter, or the contingency percentage applicable, as the case may be; (c) the total attorneys' fees incurred by YOU to date, and the anticipated total fees through the conclusion of this action, including trial; (d) the legal basis or bases for YOUR contention that attorneys' fees are recoverable in this action, including the specific statutory provision(s), contractual provision(s), or other legal authority on which YOU rely; and (e) whether YOU have entered into any fee-sharing, litigation funding, or third-party financing arrangement with any person or entity in connection with the prosecution of this action, and if so, IDENTIFY the person or entity and the terms of the arrangement.

INTERROGATORY NO. 25:

Set forth the complete factual basis for YOUR claim of Two Hundred Thousand Dollars ($200,000.00) in punitive damages, including but not limited to: (a) the specific conduct by AMA, or by any officer, director, employee, managing agent, or representative of AMA, that YOU contend warrants an award of punitive damages, described with reasonable particularity; (b) the legal standard YOU contend applies to YOUR claim for punitive damages, including the specific elements that must be proven; and (c) all facts supporting YOUR contention that AMA's conduct, or the conduct of its officers, directors, employees, or managing agents, was "oppressive," "fraudulent," or "malicious" within the meaning of California Civil Code section 3294, including: (i) the identity of the person(s) whose conduct YOU contend satisfies the standard; (ii) whether the person(s) identified were officers, directors, or managing agents of AMA within the meaning of Civil Code section 3294(b); and (iii) whether any officer, director, or managing agent of AMA authorized or ratified the allegedly wrongful conduct.

INTERROGATORY NO. 26:

With respect to YOUR First Cause of Action for Wrongful Termination in Violation of Public Policy, as alleged in the Complaint, IDENTIFY and describe: (a) the specific public policy or policies that YOU contend were violated by AMA's decision to terminate YOUR employment; (b) the specific statute(s), regulation(s), constitutional provision(s), or other source(s) of law that give rise to the public policy or policies identified, and the relevant language of each such provision; (c) the specific conduct by YOU that YOU contend constituted protected activity under the identified public policy, including a detailed description of each act, communication, or omission that YOU contend was protected; (d) all facts supporting YOUR contention that YOUR termination was causally connected to YOUR protected conduct, including the temporal relationship between YOUR protected conduct and YOUR termination, any statements by AMA officers or employees that reflect a retaliatory motive, and any other direct or circumstantial evidence of a causal nexus; and (e) the identity of all persons with knowledge of the facts supporting this cause of action, including a description of the nature of the information possessed by each such person.

INTERROGATORY NO. 27:

With respect to YOUR Third Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing, as alleged in the Complaint, state all facts supporting YOUR contention that AMA "manufactured" the "for cause" termination to avoid paying severance obligations and to trigger the forfeiture of YOUR unvested RSUs, including but not limited to: (a) the specific acts, omissions, decisions, or conduct by AMA, or by any of its officers, directors, employees, or agents, that YOU contend constitute bad faith, described with reasonable particularity and in chronological order; (b) the identity of all persons who participated in, directed, recommended, approved, or had knowledge of the allegedly bad-faith conduct, including their titles and roles at AMA; (c) a detailed timeline of events supporting YOUR contention that AMA's designation of YOUR termination as "for cause" was pretextual or motivated by a desire to avoid contractual obligations, including any events preceding YOUR October 10, 2022 email to Mercer, the restructuring directive, the October 11, 2022 written warning, the DLP audit findings, and the October 14, 2022 termination; and (d) the identity of all DOCUMENTS supporting YOUR contention, including any emails, memoranda, text messages, Meridian Solutions messages, meeting notes, board minutes, presentations, or other communications that reflect or evidence AMA's allegedly bad-faith intent.

INTERROGATORY NO. 28:

With respect to YOUR Fourth Cause of Action for Declaratory Relief regarding the Restrictive Covenant, as alleged in the Complaint, state: (a) YOUR contention as to which specific provisions of Section 9 of the Employment Agreement are void, voidable, and/or unenforceable under California law, and the specific legal basis for each contention, including the statute(s), case law, or other authority on which YOU rely; (b) YOUR position regarding the New York choice-of-law clause set forth in Section 14.3 of the Employment Agreement, including the specific reasons and legal authority supporting YOUR contention that California law, rather than New York law, governs the enforceability of the Restrictive Covenant; (c) whether YOU contend that all of Section 9 of the Employment Agreement — including the confidentiality provision in Section 9.4 — is void or unenforceable under California law, or whether YOUR challenge is limited to specific subsections (e.g., Section 9.1, Section 9.2, Section 9.3), and the basis for any distinction YOU draw among the subsections; and (d) all authority, including statutory authority, case law, administrative guidance, and secondary sources, on which YOU rely for YOUR contention that the non-solicitation provisions set forth in Sections 9.2 (Non-Solicitation of Employees) and 9.3 (Non-Solicitation of Business Relationships) are void under California Business and Professions Code section 16600, or under any other provision of California law, including any authority addressing whether non-solicitation provisions constitute unlawful restraints on trade, business, or profession within the meaning of section 16600.

INTERROGATORY NO. 29:

State all facts known to YOU regarding AMA's data loss prevention ("DLP") audit conducted in or about August through October 2022, including but not limited to: (a) whether YOU were aware of the DLP audit at any time before YOUR termination on October 14, 2022, and if so, when and how YOU became aware; (b) whether anyone at AMA, including any employee of the Information Technology department, the Legal department, Human Resources, YOUR supervisor(s), or any other AMA officer or employee, informed YOU of the DLP audit or any of its findings before the termination meeting on October 14, 2022, and if so, IDENTIFY the person, the date of the communication, and the substance of the information conveyed; (c) what YOU were told at or in connection with the termination meeting on October 14, 2022 regarding the DLP audit and its findings, including the specific statements made and the identity of the person(s) who made them; and (d) whether YOU contend that the DLP audit was initiated, conducted, accelerated, or its findings were used in retaliation for YOUR objection to the restructuring directive, YOUR October 10, 2022 email to Jonathan Mercer, or any other protected activity, and if so, state all facts supporting that contention, including the temporal relationship between YOUR protected activity and the DLP audit, any statements by AMA personnel reflecting a retaliatory purpose, and any other direct or circumstantial evidence.

INTERROGATORY NO. 30:

State whether YOU have filed, threatened to file, or are contemplating filing any other claims, complaints, charges, grievances, or proceedings against AMA, AGMG, or any of their current or former officers, directors, employees, agents, or representatives, other than this action, including but not limited to: (a) any complaint, claim, or proceeding filed with or before the California Labor Commissioner or the Division of Labor Standards Enforcement; (b) any charge of discrimination, harassment, or retaliation filed with or before the Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing (now known as the California Civil Rights Department); (c) any workers' compensation claim or application for adjudication of claim; (d) any claim filed under any employment practices liability insurance policy, directors' and officers' liability insurance policy, or any other insurance policy; or (e) any other civil action, arbitration, mediation, or administrative proceeding. For each such claim, complaint, charge, or proceeding, state: (i) the nature and subject matter of the claim; (ii) the date filed or threatened; (iii) the forum, agency, or tribunal before which the claim was filed or threatened; (iv) the case number or docket number, if any; and (v) the current status of the claim, including whether it is pending, resolved, dismissed, or withdrawn.

•

Dated: February 20, 2023

Respectfully submitted,

CALDERWOOD & HARKNESS LLP

By: ________

Devon Archer (SBN 301462) 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7200 Facsimile: (213) 555-7201

Attorneys for Defendant and Cross-Complainant Aurelius Media Americas Inc.

DEMAND FOR VERIFICATION

Pursuant to California Code of Civil Procedure section 2030.250, Plaintiff Gavin Aldrich is required to verify his responses to these Special Interrogatories under oath. The verification must be signed by Plaintiff personally and must state substantially as follows:

"I, Gavin Aldrich, declare under penalty of perjury under the laws of the State of California that the foregoing answers to interrogatories are true and correct to the best of my knowledge, information, and belief. I have made a reasonable and good faith effort to obtain the information necessary to respond to these interrogatories."

If any response is made on information and belief, the verification must so state and shall include a declaration that a reasonable inquiry has been made and that the information known or readily obtainable by Plaintiff is insufficient to enable him to respond more fully.

Responses that are not properly verified are treated as no response at all. Appletonton v. Superior Court (1988) 206 Cal.App.3d 632, 636.

PROOF OF SERVICE

I, Sophia Meng, declare as follows:

I am a citizen of the United States and employed in the County of Los Angeles, State of California. I am over the age of 18 years and am not a party to the within action. My business address is Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, California 90017.

On February 20, 2023, I served the following document:

DEFENDANT AND CROSS-COMPLAINANT AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF SPECIAL INTERROGATORIES TO PLAINTIFF GAVIN ALDRICH (NOS. 1–30)

on the following parties or their counsel of record by the method(s) indicated below:

BY ELECTRONIC SERVICE: I caused a true and correct copy of the above-described document to be transmitted electronically via File & ServeXpress to the email addresses on file for the above-named persons. The electronic transmission was completed without error, and I received confirmation of delivery.

BY PERSONAL SERVICE: I caused a true and correct copy of the above-described document to be delivered by hand to the offices of Whitfield & Associates, at 9465 Wilshire Boulevard, Suite 320, Beverly Hills, California 90212, on February 20, 2023 during normal business hours.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on February 20, 2023, at Los Angeles, California.

________________________________________

Sophia Meng Paralegal Calderwood & Harkness LLP 777 South Flower Street, Suite 4200 Los Angeles, California 90017

GAVIN ALDRICH,	Case No.: 22STCV41087
Plaintiff,	Assigned for All Purposes to:

Hon. Catherine Villanueva, Dept. 52

DEFENDANT AND CROSS-COMPLAINANT

AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive,

Defendants.

AND RELATED CROSS-ACTION.

Propounding Party:	Aurelius Media Americas Inc. ("AMA"), Defendant and Cross-Complainant
Responding Party:	Gavin Aldrich ("Aldrich" or "Plaintiff")
Set Number:	One (Nos. 1–30)
Date Served:	February 20, 2023
Party / Counsel	Address	Method of Service
Cameron Whitfield, Esq.	Whitfield & Associates, 9465 Wilshire Boulevard, Suite 320, Beverly Hills, CA 90212	Electronic service via File & ServeXpress per CCP § 1010.6(a)(2); and personal service by hand delivery
Julia Nazarian, Esq.	Whitfield & Associates, 9465 Wilshire Boulevard, Suite 320, Beverly Hills, CA 90212	Electronic service via File & ServeXpress per CCP § 1010.6(a)(2); and personal service by hand delivery

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
PROPOUNDING PARTY
Defendant and Cross-Complainant Aurelius Media Americas Inc. ("AMA"), by and through its counsel of record, Calderwood & Harkness LLP, hereby propounds the following First Set of Special Interrogatories (Nos. 1–30) upon Plaintiff Gavin Aldrich ("Aldrich" or "Plaintiff"), and demands that Plaintiff respond to each interrogatory separately and fully, in writing and under oath, within the time and in the manner prescribed by the California Code of Civil Procedure.
CALDERWOOD & HARKNESS LLP Renata Vasquez (SBN 224578) Devon Archer (SBN 301462) Nadia Petrov (SBN 318945) 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7200 Facsimile: (213) 555-7201
Attorneys for Defendant and Cross-Complainant Aurelius Media Americas Inc.
PRELIMINARY INSTRUCTIONS
The following instructions shall apply to each and every interrogatory set forth below. To the extent that any instruction set forth herein conflicts with any provision of the California Code of Civil Procedure, the Code shall control.
1.  Separate and Full Responses. Plaintiff is requested to respond to each interrogatory separately and fully in writing under oath, in accordance with California Code of Civil Procedure sections 2030.210 through 2030.240. Each response should be set forth immediately following the interrogatory to which it responds.
2.  Time for Response. Responses are due within thirty (30) days of service of these interrogatories, pursuant to California Code of Civil Procedure section 2030.260. If these interrogatories are served electronically, the response deadline shall be extended by two (2) court days in accordance with California Code of Civil Procedure section 1010.6(a)(4)(B).
3.  Inability to Respond Fully. If Plaintiff is unable to respond fully to any interrogatory after exercising due diligence to obtain the information necessary to respond, Plaintiff shall so state and shall set forth in detail the efforts made to obtain the information and the reasons why a complete response cannot be provided. In addition, Plaintiff shall identify all persons believed to have knowledge of the information sought by the interrogatory, including their names, addresses, telephone numbers, and the nature of the information believed to be possessed by each such person.
4.  Continuing Duty to Supplement. Pursuant to California Code of Civil Procedure section 2030.310, Plaintiff has a continuing duty to supplement, amend, or correct any response to these interrogatories if Plaintiff obtains further information or if a response was incorrect or incomplete when made. Any supplemental or amended response shall be served promptly upon discovery of additional or corrective information.
5.  Objections. If Plaintiff objects to any interrogatory, Plaintiff shall state the specific grounds for each objection with particularity. If an objection is interposed to only a portion of an interrogatory, Plaintiff shall provide a response to the remainder of the interrogatory to the extent not subject to the objection. A general or boilerplate objection without specific factual and legal justification is insufficient under California Code of Civil Procedure section 2030.240 and may result in the objection being deemed waived.
6.  Protective Order. The parties have entered into a Stipulated Protective Order, which was filed with the Court and entered on February 15, 2023. Plaintiff may designate any response or portion thereof as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" in accordance with the terms of the Stipulated Protective Order, as appropriate. The existence of the Stipulated Protective Order does not relieve Plaintiff of any obligation to respond fully and completely to each interrogatory.
7.  Scope. Unless otherwise stated, each interrogatory is intended to cover the time period from September 5, 2017 (the date of Plaintiff's Employment Agreement with AMA) to the date of Plaintiff's response to these interrogatories. Each interrogatory should be construed broadly and liberally, consistent with the broad scope of discovery under California Code of Civil Procedure section 2017.010.
DEFINITIONS
The following definitions shall apply throughout these interrogatories. Where a defined term is used in the singular, it shall include the plural, and vice versa. Where a defined term is used in the masculine, it shall include the feminine and neutral genders.
"YOU," "YOUR," "ALDRICH," or "PLAINTIFF" refers to Gavin Aldrich, individually, and includes his agents, representatives, attorneys, and any and all other persons acting or purporting to act on his behalf, including but not limited to employees, consultants, investigators, and any other persons engaged by or on behalf of Plaintiff in connection with this action or the events giving rise to this action.
"AMA" or "THE COMPANY" refers to Aurelius Media Americas Inc., a Delaware corporation with its principal place of business in Los Angeles, California, including its current and former officers, directors, employees, agents, and representatives.
"AGMG" refers to Aurelius Global Media Group PLC, a public limited company organized under the laws of England and Wales, the parent company of AMA, including its current and former officers, directors, employees, agents, and representatives.
"EMPLOYMENT AGREEMENT" refers to the Employment Agreement between AMA and Gavin Aldrich dated September 5, 2017, together with all exhibits, schedules, and attachments thereto, as amended by the First Amendment to the Employment Agreement dated August 1, 2020 (the "First Amendment"), and any and all other modifications, amendments, or supplements thereto, whether written or oral.
"HALCYON CREEK" refers to Halcyon Creek Productions LLC, a California limited liability company, including its members, managers, officers, employees, agents, representatives, and any persons or entities acting or purporting to act on its behalf.
"NINA CASTELLANOS" refers to Nina Castellanos, the principal of Halcyon Creek Productions LLC and a former employee of AMA, including any persons acting or purporting to act on her behalf.
"CONFIDENTIAL INFORMATION" shall have the meaning ascribed to that term in Section 9.4 of the Employment Agreement, and includes, without limitation, proprietary content, show formats, show format bibles, sizzle reels, pilot presentations, audience data and analytics, revenue projections and models, talent agreements and deal terms, programming strategies, marketing plans, financial statements, budgets, production schedules, business plans, client and vendor lists, and all other information designated as confidential by AMA or that would reasonably be understood to be confidential or proprietary to AMA.
"RESTRICTIVE COVENANT" refers to the restrictive covenant provisions set forth in Section 9 of the Employment Agreement, including: Section 9.1 (Non-Competition), Section 9.2 (Non-Solicitation of Employees), Section 9.3 (Non-Solicitation of Business Relationships), and Section 9.4 (Confidentiality).
"COMPETING ENTERPRISE" shall have the meaning ascribed to that term in Section 9.1 of the Employment Agreement, and refers to any entity that derives twenty-five percent (25%) or more of its annual revenue from the production, licensing, distribution, or exploitation of unscripted and/or reality television content in North America, including but not limited to broadcast, cable, streaming, and digital platforms.
"DOCUMENT" or "DOCUMENTS" shall have the meaning set forth in California Code of Civil Procedure section 2016.020, and includes electronically stored information ("ESI") of every kind and description, including but not limited to writings, drawings, graphs, charts, photographs, phone records, spreadsheets, databases, presentations, audio and video recordings, metadata, and any other data compilations from which information can be obtained, translated if necessary into a reasonably usable form.
"COMMUNICATION" or "COMMUNICATIONS" refers to any oral, written, or electronic exchange of information between two or more persons, however transmitted, including but not limited to emails, text messages, SMS messages, MMS messages, instant messages, Meridian Solutions messages, Northgate Data Systems messages, Meridian Services Inc. messages, signal messages, letters, memoranda, facsimiles, telephone calls, voicemails, in-person conversations, video conferences, audio conferences, social media messages, and any other means of conveying information.
"PERSON" refers to any natural person, corporation, partnership, limited liability company, joint venture, association, trust, governmental entity, unincorporated organization, or any other legal entity.
"IDENTIFY" (as to a PERSON) means to state: (a) the person's full legal name; (b) title or position held, if applicable; (c) employer or business affiliation, if applicable; (d) last known business and residential address; and (e) last known telephone number. If the person is an entity, state the entity's full legal name, form of organization, state of organization, principal place of business, and the name and title of the individual(s) most knowledgeable regarding the subject matter.
"IDENTIFY" (as to a DOCUMENT) means to state: (a) the type or nature of the document (e.g., letter, email, memorandum, report, spreadsheet); (b) the date of the document; (c) the author(s) or originator(s); (d) all addressees, recipients, and persons copied; (e) the subject matter or title of the document; (f) the number of pages (or approximate data volume for ESI); and (g) the present custodian and location of the document or, if the document is no longer in existence, the date and circumstances of its loss or destruction.
"IDENTIFY" (as to a COMMUNICATION) means to state: (a) the date and approximate time of the communication; (b) the identity of all participants (senders, recipients, and all persons present); (c) the medium of the communication (oral, written, or electronic, and the specific platform or method used); (d) the subject matter of the communication; and (e) the substance of the communication, including a summary of what was said, written, or conveyed by each participant.
"RELATING TO" or "CONCERNING" means referring to, describing, evidencing, constituting, reflecting, mentioning, pertaining to, arising from, having any connection with, directly or indirectly, or being relevant to the subject matter referenced.
SPECIAL INTERROGATORIES
INTERROGATORY NO. 1:
State the complete history of YOUR employment with AMA, including but not limited to: (a) the date on which YOU were hired by AMA (including whether YOUR hire date was September 5, 2017 or some other date); (b) all titles and positions YOU held during YOUR employment with AMA, including Vice President of Original Content and Senior Vice President of Original Content & Executive Producer, as well as any other titles, designations, or roles, whether formal or informal; (c) the date of each promotion, title change, or change in role, including the promotion effective January 1, 2020 in connection with the First Amendment dated August 1, 2020; (d) YOUR base salary at each stage of YOUR employment, including YOUR starting salary, each salary increase, and YOUR final base salary; (e) the identity of YOUR direct supervisor(s) at each stage of YOUR employment, including Dwayne Prescott, VP of Unscripted Programming, and Jonathan Mercer, President of AMA, and any other individuals who exercised supervisory authority over YOU; and (f) a description of the divisions, departments, show units, and production teams YOU oversaw, managed, or for which YOU had operational or creative responsibility during YOUR tenure at AMA.
INTERROGATORY NO. 2:
Describe in detail all facts and circumstances surrounding the termination of YOUR employment with AMA on October 14, 2022, including but not limited to: (a) YOUR understanding of the reasons stated by AMA for YOUR termination, including the specific grounds cited in any termination letter or verbal communication; (b) the identity of all persons who were present at or participated in the termination meeting, including by telephone or video conference; (c) the identity of all persons who participated in, recommended, approved, or directed the decision to terminate YOUR employment, including any persons at AMA, AGMG, or any outside advisors; (d) whether YOU were provided with a written notice of termination, and if so, IDENTIFY the notice; (e) whether YOU were informed, either orally or in writing, that YOUR termination was designated as a termination "for cause" under Section 7.2(b) of the Employment Agreement, and if so, the specific subsection(s) of the "for cause" definition cited by AMA; (f) the substance of all statements made by any AMA representative during the termination meeting; and (g) whether YOU were offered any severance, transition assistance, or other accommodation at the time of YOUR termination, and YOUR response thereto.
INTERROGATORY NO. 3:
State all facts supporting YOUR contention, as alleged in the Complaint, that the "for cause" designation of YOUR termination was pretextual, retaliatory, or otherwise improper, including but not limited to: (a) the identity of all persons with knowledge of facts supporting YOUR contention, and a description of the knowledge possessed by each such person; (b) the identity of all DOCUMENTS that support YOUR contention, and a description of the content of each such document; (c) the specific public policy or policies YOU contend were violated by YOUR termination, including the statutory, regulatory, or constitutional source of each such policy; (d) the specific protected activity or activities YOU contend YOU engaged in that motivated or contributed to AMA's decision to terminate YOUR employment; and (e) all circumstantial or direct evidence of retaliatory or pretextual motive on the part of any AMA officer, director, employee, or agent.
INTERROGATORY NO. 4:
Describe in detail all facts and circumstances relating to the restructuring directive issued by Jonathan Mercer in or about October 2022, including but not limited to: (a) the date or dates on which YOU first received the restructuring directive, and the manner in which it was communicated (e.g., email, in-person meeting, telephone call, memorandum); (b) the specific actions YOU were directed to take as part of the restructuring, including any directives regarding staff reductions, budget cuts, show cancellations, or reorganization of reporting lines; (c) YOUR response to the restructuring directive, including any objections, questions, or counterproposals YOU communicated to Mercer or any other AMA officer; (d) the content, substance, and recipients of YOUR email to Jonathan Mercer on or about October 10, 2022, in which YOU refused to implement the restructuring directive, including the specific reasons YOU stated for YOUR refusal; (e) the content and substance of the written warning issued by Jonathan Mercer to YOU on or about October 11, 2022, including the specific directives, deadlines, or consequences set forth therein; (f) the identity of all persons to whom YOU forwarded the email chain between YOU and Mercer on or about October 11, 2022, including the three show-runners and two division heads referenced in AMA's Cross-Complaint, and the email addresses to which the chain was forwarded; and (g) YOUR reasons for forwarding the email chain with the accompanying comment, "For your awareness — the London suits are gutting our operation," or words to that effect, including whether YOU intended to rally opposition to the restructuring, to warn colleagues of impending layoffs, or for any other purpose.
INTERROGATORY NO. 5:
Describe in detail YOUR relationship with Halcyon Creek Productions LLC, including but not limited to: (a) when YOU first became aware of Halcyon Creek, including the date, the circumstances of YOUR awareness, and the identity of the person or persons who first informed YOU of or introduced YOU to Halcyon Creek; (b) all COMMUNICATIONS between YOU and any representative, employee, agent, member, or manager of Halcyon Creek, including Nina Castellanos, from the date of YOUR first awareness of Halcyon Creek to the present, identifying each such communication; (c) whether YOU have or have ever had any financial interest, ownership stake, membership interest, equity interest, option, warrant, profit-sharing right, or any other economic right in Halcyon Creek, and if so, the nature, amount, and current status of such interest; (d) whether YOU have entered into any employment agreement, consulting agreement, independent contractor agreement, services agreement, memorandum of understanding, letter of intent, or any other business arrangement, whether written or oral, with Halcyon Creek, and if so, IDENTIFY each such agreement or arrangement and state its terms; and (e) all services, work, advice, introductions, referrals, or other contributions, if any, that YOU have performed for or on behalf of Halcyon Creek, including the dates, nature, and compensation (if any) received for each.
INTERROGATORY NO. 6:
Describe in detail YOUR relationship with Nina Castellanos, including but not limited to: (a) how and when YOU first met Nina Castellanos, including the date, location, and circumstances of YOUR first meeting; (b) all professional associations between YOU and Castellanos, including any prior employment at the same employer(s), any co-production work, any joint projects, or any other professional collaboration, and the dates thereof; (c) the nature and frequency of YOUR COMMUNICATIONS with Castellanos during YOUR employment with AMA from September 5, 2017 through October 14, 2022, including the general subject matter of such communications and whether any such communications related to Halcyon Creek or any business opportunity outside of AMA; (d) the nature and frequency of YOUR COMMUNICATIONS with Castellanos since YOUR termination from AMA on October 14, 2022, including the general subject matter of such communications and whether any such communications related to Halcyon Creek, potential employment or consulting opportunities, AMA Confidential Information, or the solicitation of AMA employees or business relationships; and (e) whether Castellanos has offered, proposed, or discussed with YOU any employment, consulting, advisory, or business opportunity, whether at Halcyon Creek or at any other entity, and if so, the date, substance, and terms of each such offer, proposal, or discussion.
INTERROGATORY NO. 7:
Describe in detail all instances in which YOU forwarded, transmitted, copied, downloaded, or otherwise sent or transferred emails, attachments, documents, files, data, or other materials from YOUR AMA email account (galdrich@aureliusmedia.com) to YOUR personal email account (galdrich.private@Northgate Software.com) or to any other personal email account, personal device, or personal cloud storage account, including but not limited to: (a) the approximate total number of such transmissions or transfers; (b) the date range during which such transmissions or transfers occurred, from the earliest to the most recent; (c) the general subject matter and content categories of the materials transmitted or transferred (e.g., show format bibles, financial projections, talent agreements, audience analytics, internal memoranda, personal records, performance reviews); (d) YOUR reason or justification for each category of transmission or transfer, including whether YOU contend that any such transmissions were necessary for the performance of YOUR job duties, for personal record-keeping purposes, or for any other purpose; and (e) whether YOU obtained authorization from any AMA officer, supervisor, department head, or the Information Technology or Business Affairs department before making any such transmission or transfer, and if so, IDENTIFY the person who provided authorization, the date of authorization, and the scope of the authorization granted.
INTERROGATORY NO. 8:
Describe in detail all instances in which YOU transmitted, forwarded, sent, or otherwise transferred any emails, attachments, documents, files, data, links, or other materials from YOUR AMA email account (galdrich@aureliusmedia.com), YOUR personal email account (galdrich.private@Northgate Software.com), or any other email account or electronic medium, to the email address info@halcyoncreekprod.com or to any other email address, file-sharing platform, cloud storage account, or electronic system associated with Halcyon Creek Productions LLC or Nina Castellanos, including but not limited to: (a) the date of each such transmission or transfer; (b) the specific content and attachments of each transmission or transfer, described with particularity; (c) YOUR reason or justification for each such transmission or transfer; (d) whether YOU obtained authorization from Jonathan Mercer, the Vice President of Business Affairs, the General Counsel, or any other AMA officer, supervisor, or department before making each such transmission or transfer, and if so, IDENTIFY the person who provided authorization and the date and scope of the authorization; and (e) whether any of the materials transmitted or transferred included any of the following: show format bibles, series bibles, or creative decks for "Apex Endurance," "The Remix," or "Untamed West"; pilot sizzle reels, pilot presentations, or proof-of-concept materials for any AMA program; the revenue model, financial projections, or pro forma budgets for the "Summit Challenge" franchise; audience analytics, demographic data, or viewership reports for any AMA program; or any other document or material that constitutes AMA Confidential Information.
INTERROGATORY NO. 9:
If YOU contend that any transmission or transfer of AMA materials to Halcyon Creek Productions LLC, Nina Castellanos, or any account or system associated with either was made in connection with a "potential co-production opportunity," a "joint venture," a "development partnership," or any similar business development purpose on behalf of AMA, state all facts supporting that contention, including but not limited to: (a) the identity of all persons at AMA who were informed of, consulted regarding, or who authorized such discussions or the transmission of materials, and the dates on which each such person was informed or consulted; (b) the identity of all DOCUMENTS reflecting, memorializing, or relating to the proposed co-production opportunity, including any emails, memoranda, meeting notes, presentations, or internal communications; (c) any term sheet, proposal, letter of intent, deal memo, agreement, or other written instrument relating to the proposed co-production, and if no such document exists, an explanation of why the proposed co-production was not documented in writing; (d) the proposed terms and structure of the co-production arrangement, including the respective contributions, responsibilities, ownership interests, revenue sharing, and intellectual property allocation of AMA and Halcyon Creek; (e) the specific AMA show concepts, formats, properties, or intellectual property that were the subject of the proposed co-production; and (f) whether AMA's Business Affairs department, Legal department, or General Counsel was consulted regarding the proposed arrangement, and if not, why not.
INTERROGATORY NO. 10:
Describe all instances in which YOU used personal devices, including but not limited to personal laptop computers, desktop computers, smartphones, tablets, external hard drives, USB flash drives, personal cloud storage accounts (such as personal Larkspur Technologies, Hollowell Health IT, Meridian Systems, or Cobalt Ridge Systems accounts), or any other non-AMA-issued device or system, to access, store, transmit, download, copy, or otherwise work with AMA Confidential Information or any other AMA documents, files, data, or materials, including but not limited to: (a) the specific types of personal devices and platforms used, identified by manufacturer, model, and/or service provider where possible; (b) the time period(s) during which personal devices were used for AMA business, including whether such use was regular, occasional, or limited to specific circumstances; (c) the types and categories of AMA materials accessed, stored, or transmitted on or through personal devices, described with reasonable particularity; (d) whether AMA-issued devices (including YOUR AMA-issued laptop, model or serial number if known) provided adequate remote access capabilities, including VPN access, remote desktop access, and access to AMA's cloud-based file management systems, and whether any technical limitations of AMA-issued devices contributed to YOUR use of personal devices; and (e) the identity of any AMA employee, supervisor, IT administrator, or officer who knew about, approved, or acquiesced in YOUR use of personal devices for AMA business, and the basis for YOUR belief that such person(s) had knowledge of or approved such use.
INTERROGATORY NO. 11:
State whether YOU were aware of and understood, at all relevant times during YOUR employment with AMA: (a) the confidentiality provisions set forth in Section 9.4 of the Employment Agreement, including the definition of Confidential Information and the restrictions on the use, disclosure, and retention of Confidential Information; (b) the terms and requirements of AMA's Acceptable Use and Confidentiality Policy, as last revised in or about March 2021 (the "AUC Policy"), including provisions regarding the use of company email systems, the transmission of company data to personal accounts or external parties, and the handling of proprietary information; and (c) whether YOU signed an acknowledgment of the AUC Policy on or about April 12, 2021, confirming that YOU had read, understood, and agreed to abide by the terms of the AUC Policy. If YOU contend that any specific materials that YOU transmitted to YOUR personal email account, to Halcyon Creek, to Nina Castellanos, or to any other non-AMA recipient or system did not constitute "Confidential Information" as defined in Section 9.4 of the Employment Agreement or as covered by the AUC Policy, IDENTIFY each such material with reasonable particularity and state the factual and legal basis for YOUR contention that it was not confidential.
INTERROGATORY NO. 12:
State whether YOU were aware of and understood the restrictive covenant provisions set forth in Section 9 of the Employment Agreement at the time of YOUR termination on October 14, 2022, and at all relevant times during YOUR employment with AMA, including but not limited to: (a) the non-competition clause set forth in Section 9.1 of the Employment Agreement, which provides for an eighteen (18) month post-termination non-competition period; (b) the non-solicitation of employees clause set forth in Section 9.2 of the Employment Agreement, which provides for a twenty-four (24) month post-termination restriction on soliciting AMA employees; (c) the non-solicitation of business relationships clause set forth in Section 9.3 of the Employment Agreement, which provides for a twenty-four (24) month post-termination restriction on soliciting AMA business relationships with whom Plaintiff had material contact; and (d) the confidentiality clause set forth in Section 9.4 of the Employment Agreement, which provides for an indefinite obligation to maintain the confidentiality of AMA Confidential Information. In addition, state whether YOU received independent legal advice, from YOUR own personal attorney or any other attorney not affiliated with AMA, regarding the enforceability, scope, or implications of these restrictive covenant provisions prior to executing the Employment Agreement on September 5, 2017 or the First Amendment on August 1, 2020, and if so, IDENTIFY the attorney(s) who provided such advice and the substance of the advice received.
INTERROGATORY NO. 13:
State all employment positions, consulting engagements, independent contractor arrangements, advisory roles, board memberships, and any other compensated or uncompensated positions or business activities YOU have held, performed, or undertaken since YOUR termination from AMA on October 14, 2022, including for each such position, engagement, or activity: (a) the full legal name and address of the employer, engaging entity, or organization; (b) YOUR title, role, or designation; (c) the start date of the engagement; (d) the end date of the engagement, if applicable, or a statement that the engagement is ongoing; (e) YOUR total compensation, including base salary or consulting fee, bonus or incentive compensation, equity grants or options, profit-sharing, and any other form of compensation or economic benefit received or promised; (f) a detailed description of YOUR duties and responsibilities in each position or engagement; and (g) whether the employer, entity, or organization is a "Competing Enterprise" as defined in Section 9.1 of the Employment Agreement — that is, any entity deriving twenty-five percent (25%) or more of its annual revenue from the production, licensing, distribution, or exploitation of unscripted and/or reality television content in North America — and the basis for YOUR response.
INTERROGATORY NO. 14:
Describe all efforts YOU have made since October 14, 2022 to seek and obtain employment, consulting engagements, or other professional opportunities, including but not limited to: (a) the identity of each prospective employer, entity, or individual with which or whom YOU have discussed, applied for, or been considered for employment, consulting, or other professional engagement; (b) the date of each application, inquiry, interview, or discussion; (c) the position, role, or engagement discussed; (d) whether an offer of employment or engagement was extended and, if so, the material terms of the offer, including compensation, title, duties, start date, and any restrictive covenants; (e) whether YOU accepted or declined any offer and the reasons for YOUR decision; and (f) whether any prospective employer, entity, or individual declined to hire, engage, or continue discussions with YOU and, if so, the reasons stated to YOU or believed by YOU for the refusal or discontinuation. This interrogatory is directed to YOUR duty to mitigate damages, as applicable to YOUR claims for lost compensation and severance.
INTERROGATORY NO. 15:
State whether, at any time since YOUR termination from AMA on October 14, 2022, YOU have directly or indirectly solicited, recruited, encouraged, induced, or attempted to solicit, recruit, encourage, or induce any current or former employee of AMA to leave AMA's employment, to refrain from accepting employment with AMA, or to join any other employer, entity, or business venture, including Halcyon Creek Productions LLC, including but not limited to: (a) the identity of each person whom YOU solicited, recruited, encouraged, or attempted to solicit, recruit, or encourage; (b) the date(s) and nature of each solicitation, recruitment effort, or communication; (c) the employer, entity, or business venture on whose behalf the solicitation was made, or if on YOUR own behalf, so state; (d) whether any current or former AMA employee left AMA's employment or accepted a position with another employer or entity as a result of, or in connection with, YOUR solicitation or communications; and (e) whether YOU were acting at the direction of or in concert with Nina Castellanos, Halcyon Creek, or any other person or entity in connection with any such solicitation.
INTERROGATORY NO. 16:
State whether, at any time since YOUR termination from AMA on October 14, 2022, YOU have directly or indirectly solicited, contacted, communicated with, or attempted to divert, redirect, or interfere with any network, streaming platform, cable operator, advertiser, sponsor, production partner, talent agency, or other business relationship of AMA with whom YOU had material contact during the twenty-four (24) months preceding YOUR termination, including but not limited to: (a) the identity of each entity or person contacted or solicited; (b) the date(s), medium, and substance of each contact or solicitation; (c) the purpose of the contact, including whether the contact was made for the purpose of securing business for Halcyon Creek, for a new employer, for YOUR own independent production company, or for any other purpose; and (d) whether any AMA business relationship has been diverted, redirected, disrupted, or terminated as a result of YOUR activities, contacts, or communications, and if so, the nature and extent of the diversion, disruption, or termination.
INTERROGATORY NO. 17:
State whether YOU are currently in possession, custody, or control of any property belonging to AMA or containing AMA Confidential Information, including but not limited to: (a) YOUR AMA-issued laptop computer or any other AMA-issued device (smartphone, tablet, external hard drive, or other equipment); (b) any physical documents, files, binders, notebooks, or other tangible materials containing AMA Confidential Information; (c) any electronic documents, files, data, or copies thereof (in any format, including PDF, Word, Excel, Northgate Services Inc., JPEG, MP4, or any other format) containing AMA Confidential Information stored on personal devices, personal email accounts (including galdrich.private@Northgate Software.com), personal cloud storage accounts (including any Larkspur Technologies, Hollowell Health IT, Meridian Systems, or Cobalt Ridge Systems account), USB flash drives, external hard drives, or any other non-AMA system or medium; and (d) any show format bibles, series bibles, creative decks, sizzle reels, pilot presentations, revenue models, financial projections, audience analytics reports, talent deal terms, production budgets, marketing plans, or other proprietary AMA materials, in any format. If YOU contend that YOU have returned, deleted, destroyed, or otherwise disposed of all such property, state with specificity when and how the return, deletion, or destruction occurred, including the date(s) of return or deletion, the method(s) used (e.g., physical return to AMA offices, secure deletion software, manual deletion from devices), and the identity of any witnesses to or documentation of the return, deletion, or destruction.
INTERROGATORY NO. 18:
Set forth the complete factual basis for YOUR claim, as alleged in the Complaint, that YOU are entitled to severance payments totaling Nine Hundred Seventy Thousand Dollars ($970,000.00), which YOU calculate as twenty-four (24) months of base salary at Four Hundred Eighty-Five Thousand Dollars ($485,000.00) per year, including but not limited to: (a) the specific provision(s) of the Employment Agreement or First Amendment on which YOU rely to support YOUR entitlement to severance, including the section number(s) and the specific language on which YOU rely; (b) YOUR contention as to why the "for cause" designation under Section 7.2(b) of the Employment Agreement does not apply to YOUR termination, including YOUR contention that the designation was pretextual or otherwise improper; (c) any other amounts YOU contend are owed to YOU under the severance provisions of the Employment Agreement or the First Amendment, including but not limited to pro-rata bonus payments, COBRA premium subsidies, outplacement assistance, or any other benefits; and (d) whether YOU contend that the severance amount should be calculated differently than as set forth in the Complaint, and if so, the basis for any alternative calculation.
INTERROGATORY NO. 19:
Set forth the complete factual basis for YOUR claim that YOU are entitled to a pro-rata bonus for fiscal year 2022 in the amount of One Hundred Sixty-Eight Thousand Seven Hundred Fifty Dollars ($168,750.00), including but not limited to: (a) the calculation methodology supporting this figure, including YOUR contention that it is based on YOUR last annual bonus of Two Hundred Twenty-Five Thousand Dollars ($225,000.00) for fiscal year 2021, prorated for approximately nine and one-half (9.5) months of service in fiscal year 2022; (b) the specific provision(s) of the Employment Agreement, the First Amendment, or any other agreement or AMA policy governing bonus payments, including whether the bonus was a guaranteed minimum, a discretionary bonus, or a performance-based bonus; (c) the performance criteria, metrics, or targets, if any, that were required to be met for payment of the fiscal year 2022 bonus; (d) whether YOU contend that YOU met or would have met all applicable performance criteria for the fiscal year 2022 bonus; and (e) whether any portion of the claimed bonus amount has been paid by AMA, and if so, the amount and date of payment.
INTERROGATORY NO. 20:
Set forth the complete factual basis for YOUR claim that YOU are entitled to accelerated vesting of fifteen thousand three hundred (15,300) unvested restricted stock units ("RSUs") of AGMG, including but not limited to: (a) the total number of RSUs originally granted to YOU, including whether the total was forty-two thousand five hundred (42,500) or some other number; (b) the date(s) of grant and the vesting schedule applicable to each grant (including the number of tranches and the vesting dates); (c) the number of RSUs that had vested as of YOUR termination date of October 14, 2022; (d) the number of RSUs that remained unvested as of YOUR termination date, and confirmation of whether that number is fifteen thousand three hundred (15,300) or some other figure; (e) the per-share value YOU assign to the unvested RSUs and the basis for that valuation, including the AGMG share price on or about the date of YOUR termination (approximately £18.79 per share as of October 2022), the exchange rate applied (approximately $1.155 per £1.00), and the resulting per-share value in U.S. dollars (approximately $21.71 per share); (f) the total value of the unvested RSUs as calculated by YOU (Three Hundred Thirty-Two Thousand Two Hundred Dollars ($332,200.00), or such other amount as YOU contend is correct); and (g) the specific provision(s) of the Employment Agreement, the First Amendment, the AGMG equity incentive plan, or any RSU award agreement on which YOU rely for YOUR contention that YOU are entitled to accelerated vesting of unvested RSUs in the event of a termination without cause, including whether the acceleration provision is automatic or discretionary.
INTERROGATORY NO. 21:
Set forth the complete factual basis for YOUR claim of Five Hundred Thousand Dollars ($500,000.00) in emotional distress damages, including but not limited to: (a) the specific emotional injuries YOU claim to have suffered as a result of YOUR termination and/or AMA's conduct, described with reasonable particularity (e.g., anxiety, depression, insomnia, loss of appetite, humiliation, fear, post-traumatic stress, inability to concentrate); (b) whether YOU have sought or received treatment from any healthcare provider, including any physician, psychologist, psychiatrist, therapist, licensed clinical social worker, counselor, or any other mental health professional, for emotional distress, anxiety, depression, or any other psychological or emotional condition that YOU attribute in whole or in part to YOUR termination from AMA or to the events giving rise to this action, and if so, the identity (name, address, and specialty) of each provider, the dates of treatment, and the diagnosis or diagnoses rendered; (c) any medications prescribed to YOU in connection with YOUR claimed emotional distress, including the name of each medication, the prescribing provider, the dates of prescription, and the dosage; (d) any limitations on YOUR daily activities, personal relationships, or professional activities that YOU attribute to YOUR claimed emotional distress; and (e) any prior history, whether before or during YOUR employment at AMA, of emotional distress, anxiety, depression, insomnia, or similar psychological or emotional conditions, including the dates, the nature of the condition, the treating provider(s), and any treatment received.
INTERROGATORY NO. 22:
Set forth the complete factual basis for YOUR claim of One Million Two Hundred Thousand Dollars ($1,200,000.00) in lost future compensation, calculated over a two (2) year horizon, including but not limited to: (a) the specific components of compensation YOU contend YOU would have received had YOUR employment with AMA continued for an additional two years, including base salary, bonus, RSU vesting, and any other compensation; (b) any assumptions YOU have made regarding salary increases, bonus levels, equity grants, promotions, or other changes in compensation during the two-year period, and the basis for each assumption; (c) the methodology and calculations used to arrive at the total claimed amount of $1,200,000.00, including any present-value discounting, growth assumptions, or other financial adjustments; and (d) any income YOU have earned, are currently earning, or reasonably expect to earn from other employment, consulting, or business activities during the claimed two-year period (from approximately October 14, 2022 through approximately October 14, 2024) that should be offset against this claim, and the amount of each such offset.
INTERROGATORY NO. 23:
Set forth the complete factual basis for YOUR claim of Twenty-Eight Thousand Four Hundred Dollars ($28,400.00) in unreimbursed business expenses under California Labor Code section 2802, including but not limited to: (a) an itemized list of each expense claimed, including the date of the expense, the amount, a description of the expense, the vendor or payee (if applicable), and the specific business purpose of the expense; (b) whether YOU submitted a reimbursement request for each expense through AMA's expense reimbursement system (e.g., Concur or any other expense management platform used by AMA) in accordance with AMA's expense reimbursement policies, and if so, the date of each submission; (c) if reimbursement requests were submitted, the response received from AMA, including whether the request was approved, denied, or left pending, and the reason given for any denial; (d) the identity of all DOCUMENTS supporting each claimed expense, including receipts, invoices, credit card statements, and expense reports; and (e) the specific categories of expenses claimed, including but not limited to travel expenses (airfare, hotel, ground transportation, meals), client and talent entertainment expenses, personal cell phone use for business purposes, home office or remote work expenses, and any other category of expense.
INTERROGATORY NO. 24:
Set forth the complete factual basis for YOUR claim of Seven Hundred Fifty Thousand Dollars ($750,000.00) in attorneys' fees, including but not limited to: (a) the fee arrangement between YOU and YOUR counsel, Whitfield & Associates (represented by Cameron Whitfield and Julia Nazarian, 9465 Wilshire Boulevard, Suite 320, Beverly Hills, California 90212), including whether the arrangement is based on hourly rates, a contingency fee, a hybrid arrangement, or some other billing structure; (b) the hourly rates charged by each attorney and paralegal working on this matter, or the contingency percentage applicable, as the case may be; (c) the total attorneys' fees incurred by YOU to date, and the anticipated total fees through the conclusion of this action, including trial; (d) the legal basis or bases for YOUR contention that attorneys' fees are recoverable in this action, including the specific statutory provision(s), contractual provision(s), or other legal authority on which YOU rely; and (e) whether YOU have entered into any fee-sharing, litigation funding, or third-party financing arrangement with any person or entity in connection with the prosecution of this action, and if so, IDENTIFY the person or entity and the terms of the arrangement.
INTERROGATORY NO. 25:
Set forth the complete factual basis for YOUR claim of Two Hundred Thousand Dollars ($200,000.00) in punitive damages, including but not limited to: (a) the specific conduct by AMA, or by any officer, director, employee, managing agent, or representative of AMA, that YOU contend warrants an award of punitive damages, described with reasonable particularity; (b) the legal standard YOU contend applies to YOUR claim for punitive damages, including the specific elements that must be proven; and (c) all facts supporting YOUR contention that AMA's conduct, or the conduct of its officers, directors, employees, or managing agents, was "oppressive," "fraudulent," or "malicious" within the meaning of California Civil Code section 3294, including: (i) the identity of the person(s) whose conduct YOU contend satisfies the standard; (ii) whether the person(s) identified were officers, directors, or managing agents of AMA within the meaning of Civil Code section 3294(b); and (iii) whether any officer, director, or managing agent of AMA authorized or ratified the allegedly wrongful conduct.
INTERROGATORY NO. 26:
With respect to YOUR First Cause of Action for Wrongful Termination in Violation of Public Policy, as alleged in the Complaint, IDENTIFY and describe: (a) the specific public policy or policies that YOU contend were violated by AMA's decision to terminate YOUR employment; (b) the specific statute(s), regulation(s), constitutional provision(s), or other source(s) of law that give rise to the public policy or policies identified, and the relevant language of each such provision; (c) the specific conduct by YOU that YOU contend constituted protected activity under the identified public policy, including a detailed description of each act, communication, or omission that YOU contend was protected; (d) all facts supporting YOUR contention that YOUR termination was causally connected to YOUR protected conduct, including the temporal relationship between YOUR protected conduct and YOUR termination, any statements by AMA officers or employees that reflect a retaliatory motive, and any other direct or circumstantial evidence of a causal nexus; and (e) the identity of all persons with knowledge of the facts supporting this cause of action, including a description of the nature of the information possessed by each such person.
INTERROGATORY NO. 27:
With respect to YOUR Third Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing, as alleged in the Complaint, state all facts supporting YOUR contention that AMA "manufactured" the "for cause" termination to avoid paying severance obligations and to trigger the forfeiture of YOUR unvested RSUs, including but not limited to: (a) the specific acts, omissions, decisions, or conduct by AMA, or by any of its officers, directors, employees, or agents, that YOU contend constitute bad faith, described with reasonable particularity and in chronological order; (b) the identity of all persons who participated in, directed, recommended, approved, or had knowledge of the allegedly bad-faith conduct, including their titles and roles at AMA; (c) a detailed timeline of events supporting YOUR contention that AMA's designation of YOUR termination as "for cause" was pretextual or motivated by a desire to avoid contractual obligations, including any events preceding YOUR October 10, 2022 email to Mercer, the restructuring directive, the October 11, 2022 written warning, the DLP audit findings, and the October 14, 2022 termination; and (d) the identity of all DOCUMENTS supporting YOUR contention, including any emails, memoranda, text messages, Meridian Solutions messages, meeting notes, board minutes, presentations, or other communications that reflect or evidence AMA's allegedly bad-faith intent.
INTERROGATORY NO. 28:
With respect to YOUR Fourth Cause of Action for Declaratory Relief regarding the Restrictive Covenant, as alleged in the Complaint, state: (a) YOUR contention as to which specific provisions of Section 9 of the Employment Agreement are void, voidable, and/or unenforceable under California law, and the specific legal basis for each contention, including the statute(s), case law, or other authority on which YOU rely; (b) YOUR position regarding the New York choice-of-law clause set forth in Section 14.3 of the Employment Agreement, including the specific reasons and legal authority supporting YOUR contention that California law, rather than New York law, governs the enforceability of the Restrictive Covenant; (c) whether YOU contend that all of Section 9 of the Employment Agreement — including the confidentiality provision in Section 9.4 — is void or unenforceable under California law, or whether YOUR challenge is limited to specific subsections (e.g., Section 9.1, Section 9.2, Section 9.3), and the basis for any distinction YOU draw among the subsections; and (d) all authority, including statutory authority, case law, administrative guidance, and secondary sources, on which YOU rely for YOUR contention that the non-solicitation provisions set forth in Sections 9.2 (Non-Solicitation of Employees) and 9.3 (Non-Solicitation of Business Relationships) are void under California Business and Professions Code section 16600, or under any other provision of California law, including any authority addressing whether non-solicitation provisions constitute unlawful restraints on trade, business, or profession within the meaning of section 16600.
INTERROGATORY NO. 29:
State all facts known to YOU regarding AMA's data loss prevention ("DLP") audit conducted in or about August through October 2022, including but not limited to: (a) whether YOU were aware of the DLP audit at any time before YOUR termination on October 14, 2022, and if so, when and how YOU became aware; (b) whether anyone at AMA, including any employee of the Information Technology department, the Legal department, Human Resources, YOUR supervisor(s), or any other AMA officer or employee, informed YOU of the DLP audit or any of its findings before the termination meeting on October 14, 2022, and if so, IDENTIFY the person, the date of the communication, and the substance of the information conveyed; (c) what YOU were told at or in connection with the termination meeting on October 14, 2022 regarding the DLP audit and its findings, including the specific statements made and the identity of the person(s) who made them; and (d) whether YOU contend that the DLP audit was initiated, conducted, accelerated, or its findings were used in retaliation for YOUR objection to the restructuring directive, YOUR October 10, 2022 email to Jonathan Mercer, or any other protected activity, and if so, state all facts supporting that contention, including the temporal relationship between YOUR protected activity and the DLP audit, any statements by AMA personnel reflecting a retaliatory purpose, and any other direct or circumstantial evidence.
INTERROGATORY NO. 30:
State whether YOU have filed, threatened to file, or are contemplating filing any other claims, complaints, charges, grievances, or proceedings against AMA, AGMG, or any of their current or former officers, directors, employees, agents, or representatives, other than this action, including but not limited to: (a) any complaint, claim, or proceeding filed with or before the California Labor Commissioner or the Division of Labor Standards Enforcement; (b) any charge of discrimination, harassment, or retaliation filed with or before the Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing (now known as the California Civil Rights Department); (c) any workers' compensation claim or application for adjudication of claim; (d) any claim filed under any employment practices liability insurance policy, directors' and officers' liability insurance policy, or any other insurance policy; or (e) any other civil action, arbitration, mediation, or administrative proceeding. For each such claim, complaint, charge, or proceeding, state: (i) the nature and subject matter of the claim; (ii) the date filed or threatened; (iii) the forum, agency, or tribunal before which the claim was filed or threatened; (iv) the case number or docket number, if any; and (v) the current status of the claim, including whether it is pending, resolved, dismissed, or withdrawn.
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Dated: February 20, 2023
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
CALDERWOOD & HARKNESS LLP
By: ________
Devon Archer (SBN 301462) 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7200 Facsimile: (213) 555-7201
Attorneys for Defendant and Cross-Complainant Aurelius Media Americas Inc.
DEMAND FOR VERIFICATION
Pursuant to California Code of Civil Procedure section 2030.250, Plaintiff Gavin Aldrich is required to verify his responses to these Special Interrogatories under oath. The verification must be signed by Plaintiff personally and must state substantially as follows:
"I, Gavin Aldrich, declare under penalty of perjury under the laws of the State of California that the foregoing answers to interrogatories are true and correct to the best of my knowledge, information, and belief. I have made a reasonable and good faith effort to obtain the information necessary to respond to these interrogatories."
If any response is made on information and belief, the verification must so state and shall include a declaration that a reasonable inquiry has been made and that the information known or readily obtainable by Plaintiff is insufficient to enable him to respond more fully.
Responses that are not properly verified are treated as no response at all. Appletonton v. Superior Court (1988) 206 Cal.App.3d 632, 636.
PROOF OF SERVICE
PROOF OF SERVICE
I, Sophia Meng, declare as follows:
I am a citizen of the United States and employed in the County of Los Angeles, State of California. I am over the age of 18 years and am not a party to the within action. My business address is Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, California 90017.
On February 20, 2023, I served the following document:
DEFENDANT AND CROSS-COMPLAINANT AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF SPECIAL INTERROGATORIES TO PLAINTIFF GAVIN ALDRICH (NOS. 1–30)
on the following parties or their counsel of record by the method(s) indicated below:
BY ELECTRONIC SERVICE: I caused a true and correct copy of the above-described document to be transmitted electronically via File & ServeXpress to the email addresses on file for the above-named persons. The electronic transmission was completed without error, and I received confirmation of delivery.
BY PERSONAL SERVICE: I caused a true and correct copy of the above-described document to be delivered by hand to the offices of Whitfield & Associates, at 9465 Wilshire Boulevard, Suite 320, Beverly Hills, California 90212, on February 20, 2023 during normal business hours.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on February 20, 2023, at Los Angeles, California.
________________________________________
Sophia Meng Paralegal Calderwood & Harkness LLP 777 South Flower Street, Suite 4200 Los Angeles, California 90017
GAVIN ALDRICH, | Case No.: 22STCV41087
Plaintiff, | Assigned for All Purposes to:
Hon. Catherine Villanueva, Dept. 52
v.
DEFENDANT AND CROSS-COMPLAINANT
AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive, | AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF SPECIAL INTERROGATORIES TO PLAINTIFF GAVIN ALDRICH (NOS. 1–30)
Defendants.
AND RELATED CROSS-ACTION.
Propounding Party: | Aurelius Media Americas Inc. ("AMA"), Defendant and Cross-Complainant
Responding Party: | Gavin Aldrich ("Aldrich" or "Plaintiff")
Set Number: | One (Nos. 1–30)
Date Served: | February 20, 2023
Party / Counsel | Address | Method of Service
Cameron Whitfield, Esq. | Whitfield & Associates, 9465 Wilshire Boulevard, Suite 320, Beverly Hills, CA 90212 | Electronic service via File & ServeXpress per CCP § 1010.6(a)(2); and personal service by hand delivery
Julia Nazarian, Esq. | Whitfield & Associates, 9465 Wilshire Boulevard, Suite 320, Beverly Hills, CA 90212 | Electronic service via File & ServeXpress per CCP § 1010.6(a)(2); and personal service by hand delivery

SUPERIOR COURT OF THE STATE OF CALIFORNIA

PROPOUNDING PARTY

PRELIMINARY INSTRUCTIONS

DEFINITIONS

SPECIAL INTERROGATORIES

INTERROGATORY NO. 1:

INTERROGATORY NO. 2:

INTERROGATORY NO. 3:

INTERROGATORY NO. 4:

INTERROGATORY NO. 5:

INTERROGATORY NO. 6:

INTERROGATORY NO. 7:

INTERROGATORY NO. 8:

INTERROGATORY NO. 9:

INTERROGATORY NO. 10:

INTERROGATORY NO. 11:

INTERROGATORY NO. 12:

INTERROGATORY NO. 13:

INTERROGATORY NO. 14:

INTERROGATORY NO. 15:

INTERROGATORY NO. 16:

INTERROGATORY NO. 17:

INTERROGATORY NO. 18:

INTERROGATORY NO. 19:

INTERROGATORY NO. 20:

INTERROGATORY NO. 21:

INTERROGATORY NO. 22:

INTERROGATORY NO. 23:

INTERROGATORY NO. 24:

INTERROGATORY NO. 25:

INTERROGATORY NO. 26:

INTERROGATORY NO. 27:

INTERROGATORY NO. 28:

INTERROGATORY NO. 29:

INTERROGATORY NO. 30:

CALDERWOOD & HARKNESS LLP

CALDERWOOD & HARKNESS LLP

DEMAND FOR VERIFICATION

PROOF OF SERVICE

PROOF OF SERVICE

DEFENDANT AND CROSS-COMPLAINANT

AND RELATED CROSS-ACTION.

Record

Parties

Dates

Amounts