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`Petition for workplace ViOIence
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`Restraining Orders
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`Read How Do 1 Get an Order to Prohibit Workplace Violence (Form
`W V-1 00-]NFO) before completing this form. NOTE: Petitioner must
`be an employer with standing to’ bring this action under Code of
`Civil Procedure section 527.8. Also fill out Confidential CLETS
`Information (Form CLETS—001) with as much information as you know.
`
`Clerk stamps date here when form is filed.
`
`.
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`F E E E El)
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`DAN MATEO COUN
`SEP - 6 2015
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`® Petitioner (Employer)
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`‘
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`I] sole proprietorsliip
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`State Bar No.: 232762
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`‘
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`Fill in court name and street address:
`Superior Court of California, County of
`San Mateo
`500 County Center
`Redwood City CA 94063
`’
`
`State: CA_ Zip: 94304
`Fax: 650—565-7100
`
`(15'_c.v_312'37
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`_
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`_
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`a. Name: Counsyl, Inc.
`is a El c01poration
`(tpeczfy):
`E]
`and is filing this suit on belialt‘ofthe employee identified in item (2).
`b. Lawyer for Petitioner {ifanyfor this case):
`Name: Eric E. Suits
`Firm Name: Sidley Austin LLP
`Petitioner’s Address (if the peiitioner has a lawyer, give the lawyer ’s
`information):
`0. Address: 1001 Page Mill Road, Bldg. 1
`City: Palo Alto
`Telephone: 650-565-7000
`E'Mail Address; eSUitS@Sidle}'-com
`@ Employee in Need of Protection
`Full Name: Ramji Srinivasan
`[E] M E] F
`Age: 35
`Sex:
`@ Respondent (Person From Whom Protection Is Sought)
`Full Name: Mark John Ostrowski
`Address (ifknown): 833 RivardiBlvd.
`City: Gross Pointe
`@ Additional Protected Persons
`a. Are you asking for protection for any family or household members of the employee or for any other
`employees at the employee’s workplace or atother workplaces ofthe petitioner?
`(If yes, list them):
`[:1 No
`[2] Yes
`Full Name
`All current employees of Counsyl
`
`i
`
`:Etiiign for Civil Harassment Restraining Order
`175
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`Age: :3—
`'Zip: 48230
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`Age Household Member? Relationship to Employee
`No
`co-workers
`E] Yes
`[:1 No
`[:1 Yes
`C] Yes |:| NO'
`
`El Additional protected persons are listed in Attachment 4a.
`
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`ggzgggfizryngfggmé'pggfmggtgsgeCa9W Petition for Workplace Violence Restraining Orders
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`(Workplace Violence Prevention)
`Code Of Civil Procedure, §§ 5278 and 527.9
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`WV-100, Page1 of6
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`Case Number:
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`b. Why do these people need protection? (Explain):
`D Response is stated in Attachment 4b.
`Given Respondent's express threats of violence and mention of other former Counsyl, Inc. employees, Claimant
`has a reasonable basis for requesting that Counsyl, Inc. employees should be. protected by this Order.
`Relationship of Employee and Respondent
`a. How does the employee know the respondent? (Describe):
`Respondent is a former employee of Counsyl, Inc.
`b. Respondent [I is
`a current employee of petitioner. (Explain any decision to retain, terminate,
`is not
`|:l Response is stated in Attachment 5b.
`or otherwise discipline the respondent):
`Respondent voluntarily terminated his employment.
`
`Cl Response is stated in Attachment 5a.
`
`'
`
`Venue
`Why are you filing in this county? (Check all that apply):
`|:] The respondent lives in this county.
`a.
`IX] The respondent has caused physical or emotional injury to the petitioner’s. employee in this county.
`b.
`[:1 Other (specify):
`0.
`Other Court Cases
`a. Has the employee or any of the persons named in@been involved in another court case with the respondent?
`[:1 Yes If yes, check each kind of case and indicate where and when each was filed:
`E] No
`Kind of Case
`Year Filed Case Number (ifknown)
`Filed in (Countv/SIa/e)
`(l)
`[:1 Workplace Violence
`[:1 Civil Harassment
`(2)
`|:] Domestic Violence
`(3)
`(4) E] Divorce, Nullity, Legal Separation
`|:] Paternity, Parentage, Child Support
`(5)
`(6) D Eviction
`1:] Guardianship
`(7)
`[:1 Small Claims
`(8)
`(9) E] Postsecondary School Violence
`(10) E] Criminal
`(11) 1:] Other (specifiz):
`
`'
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`b. Are there now any restraining orders or criminal protective orders in effect relating to the employee or any of
`([fyes, attach a copy if you have one.)
`the persons in @ and the respondent? E] No ‘
`[:1 Yes
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`““94“” 1-20”
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`Petition for Workplace Violence Restraining Orders
`(Workplace Violence Prevention)
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`WV-100: Page 2 if;
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`Case Number:
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`Description of Respondent's Conduct
`'a. Respondent has (check one or more):
`(1) [j Assaulted, battered, or stalked the employee
`Made a credible threat of violence against the employee by making knowing or willful statements or
`(2)
`engaging in a course of conduct that would place a reasonable person in fear for his or her safety or the
`safety of his or her immediate family.
`b. One or more of these acts (check either or both):
`[:1 Took place at the employee 5 workplace
`(1)
`[Z] Can reasonably be construed to be carried out in the future at the employee’s workplace
`(2)
`Address of workplace: 180 Kimball Way, South San Francisco, CA 94080
`
`c.
`
`escribe what happened. (Provide details; include the dates of all incidents beginning with the most recent; tell
`who did what to whom; identifi} any witnesses):
`Response is stated in Attachment 8c.
`See attached Declaration ol’Ramji Srinivasan.
`
`E] Yes E] No (If yes, describe harm or injuries):
`d. Was the employee harmed or injured?
`El Response is stated in Attachment 8d.
`Emotional injury relating to threats of violence.
`
`e. Did the respondent use or threaten to use a gun or any other weapon?
`El Response is stated in Attachment 8e.
`
`[3 Yes
`
`[3 No
`
`(If yes, describe):
`
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`Petition for Workplace Violence Restraining Orders
`(Workplace Violence Prevention)
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`WV-100. Page 3 of6
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`Case Number:
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`[:1 I don’t know
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`c.
`
`[:1 One or more of the persons in@.
`
`[I Yes El No
`f. For any ofthe incidents described above, did the police come?
`If yes, did the employee or the respondent receive an Emergency Protective Order?
`[3 Yes D No
`I don’t know
`[:1
`If yes: The order protects (check all that apply):
`[:1 The employee. (2) El The respondent.
`(1)
`Attach a copy of the order if you have one.
`. Check the orders you want El
`@ El Personal Conduct Orders
`I ask the court to order the respondent not to do any‘ofthe following things to the employee or to any person to
`be protected listed in@:
`[Xi Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy
`a.
`personal property of, or disturb the peace of the person.
`IX] Commit‘acts of unlawful violence on or make threats of violence to the person.
`IX} Follow or stalk‘the person during work hours or to or from the place of work.
`IE Contact the person, either directly or indirectly, by any means, including, but not limited to, in person, by
`telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax, or by
`other electronic means.
`[2| Enter the person’s workplace.
`C] Other (specify):
`[1 As stated in Attachment 9f.
`
`b.
`c.
`(1.
`
`(D .
`
`1"?
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`The respondent will be ordered not to take any action to get the addresses or locations of any protected person
`unless the court finds good cause not to make the order.
`Stay-Away Order
`I ask the court to order the respondent to stay at least
`a.
`(1) [Z] The employee
`(8)
`(2) D The other persons listed in @
`(9)
`The employee’s workplace
`(3)
`(4) [El The employee’s home
`(5) [j The employee’s school
`(6) E] The school ofthe employee’s
`children
`(7) El The place of child care ofthe employee’s
`children‘
`
`yards away from (check all that apply):
`1,000
`The employee’s vehicle
`Other (specifir):
`Any current employee of Counsyl, Inc.
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`RevisedJU‘Y 1-2014
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`Ibis is.La-‘gtsa‘fcéyrtieryee
`Petition for Workplace Violence Restraining Orders
`(Workplace Violence Prevention)
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`WV‘100, Page 4 0f 6
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`Case Number:
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`b. If the court orders the respondent to stay away from all the'places listed above, will he or she still be able to get
`(If no, explain):
`El Yes |:| No
`to his Or her home, school,‘orjob"?
`El Response is stated on Attachment 10b.
`
`\
`
`® Guns or Other Firearms and Ammunition
`[:I Yes I] No El I don’t know
`Does the respondent own or possess any guns or other firearms?
`If thejudge grants a protective order, the respondent will be prohibited from owning, possessing, purchasing,
`receiving, or attempting to purchase or receive a gun, otherfirearm,_ and ammunition while the protective order is
`in efi’ect. The respondent will also be ordered to turn in to law enforcement, or sell to or store with a licensed gun
`dealer, any guns or firearms within his or her immediate possession or control.
`@ Request for Immediate Orders Without Notice _
`Do you want the court to make any of these orders now that will last until the hearing without notice to the
`El Yes I] No
`(If you answered yes, explain why):
`respondent?
`[:1 Response is stated on Attachment 12.
`Respondent has made expiicit threats of violence against Claimant. Given the credible threat of violence, Claimant
`reasonably believes that notice would increase the probability that Respondent would take the threatened action.
`
`® C] Request for Less- Than Five Days' Notice
`, You must have your papers personally served on the respondent at least five days before the hearing, unless the
`court ordersa shorter time for service. (Form WV-200-INFO explains what is proof of personal service. Form
`WV-200, Proof of Personal Service, may be used to show the court that the papers have been served.)
`If you. want there to be fewer than five days between service and the hearing, explain why:
`[:1 Response is stated inAttachment 13.
`
`I: No Fee for Filing
`I ask that there be no filing fee because the respondent has threatened violence against the employee, or stalked
`the employee, or acted or spoken in a manner that has placed the employee in reasonable fear of violence.
`
`RevisedJU'Vt-ZW
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`’
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`This is, n'ia gang-order.
`Petition for Workplace Violence Restraining Orders '
`(Workplace Violence Prevention)
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`WV-100: Page 5 0f6
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`Case Number:'
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`@ [:1 No Fee to Serve Orders
`I ask the court to order the sheriff or marshal to serve the respondent with the others for free because this request
`for orders 15 based on c. credible threat of violence or stalking.
`
`. @D Court Costs
`
`V
`
`1 ask the court to order the respondent to pay my court costs.
`E Additional Orders Requested
`I ask the court to make the following additional orders (specify):
`El Additional orders requested are stated 1n Attachment 17.
`
`_> fi//
`
`, .’ Number of pages attached to this form, if any.
`Dam/l 7H 19
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`V
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`Lawyer \{zuyle WWW)
`I declare under penalty of perjury under the laws of the State of California that the information above and on
`all attachment7is tr7e and correct.
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`Date:
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`Name of petitioner
`Signature
`
`' Title
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`RevisedJU'Yi-Zm“
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`this. is. néi‘éiciurtLQrfdie.r-e:
`_ Petition for Workplace Violence Restraining Orders
`,(Workplace Violence Prevention)
`
`‘ WV-100. Page 6 of6
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`0
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`I
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`DECLARATION OF RAMJI SRINIVASAN
`I, Ramji Srinivasan, declare as follows:
`I have personal knowledge of the foregoing facts and if called to testify, could and would
`1.
`testify competently thereto.
`I am the F cunder and Chief Executive Officer of Counsyl, Inc. (“Counsyl” or the
`2.
`“‘Company”).
`3. On August 10, 2016, 1 received the first of a string of text messages from former Counsyl
`employee Mark Ostrowski. Mr. Ostrowski had been an employee of the Company from October
`4, 2010 to November 15, 2010 as Executive Vice President, Commercial Operations.
`4. A true and correct copy of the text messages I received from Mr. Ostrowski is attached
`hereto as Exhibit A.
`5. The text messages from Mr. Ostrowski were unsolicited by me, and while they started
`innocently enough, they quickly escalated into profane language and, ultimately, into overt and
`explicit threats of violence.
`6. For example, on August 24, 2016, Mr. Ostrowski sent me a text message that stated “Hey
`Ramji...your fonner VP sales, the Homo gay boy pervert loser that you fired. .fatally fucked
`Michelle!!! Woo 1100! l”
`7. Later on that same day, Mr. Ostrawski sent me the following text message: .“And when I
`see you next, btw, Ramji. ..l’m going to fucking throw my fist into your pussy fucking jaw, bro.
`Get ready, pussy boy.”
`In addition to several other profane texts regarding myself, Counsyl, and other former
`8.
`employees of Counsyl, Mr. Ostrawski sent me the following text messages on August 24, 2016: “I
`am going to kill you” and “When I see you. I kill you...”
`9. Given the serious and unprovoked nature of the text messages, I believe that MI. Ostrawski
`presents a credible threat of violence to myself and other Counsyl employees.
`
`I]
`
`1
`DECLARATION OF RAMJI SRINIVASAN
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`I declare under penalty of perjury under the laws of the State of California that the foregoing is
`true and correct. Executed on September 6, 2016, at 180 Kimball Way, South San Francisco, CA
`94080.
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`' meme! or acqu: 's1iun upwluniiy could be In lho works. If IIIis sounds
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`quIck chat with a PE firm in NYC movmgysomc chess pines right now I
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`sneak I-IIIh used to work Ior Dr. Alan Wallon and Iundm: Human Genom'e
`Sciences GeneLogIc Genexic Therapy Eeexis. great guy. AnyIime Im..“
`JHB’H’IOOHIEYEHHQ EST good [or you (or qwck ch11?
`(124!“- 5 2.1;“
`Iom. your former VP sales, IhI. Homo 99y 56y pervert loseI
`'Hcy, Iznmji
`'Ihal you mad malty tucked Micholm!!! Woo hcoH
`I.'m all set DI
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`inlo your pussy tuckinaw, b'o Get ready, pussy boy.
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`To. Mv'r. U:‘.l(.xui'
`:xenexrs...greal guy. Anyumo unwhuggino-Jn/evcnmg.
`. EST good for you forquick chat?
`
`Zainhldd)’. 1; :1 ‘
`V Héy, Ramji... Tom, your lormgzr Vl’ sales, he Horno
`gay boy pervert loser that you lired...falal y fucked
`. Michelle!!! Woo hooll
`Ifm all sot. bro..
`And When I see you next, blw, Ramji......l'm going 10
`fucking throw my list into your pussy luc<ing jaw,_
`bro. Golieady, pussy boy..
`~ fou suckiyou‘ fucking homo...
`- Counsyl is DEAD.
`Counsyl is dying, loser.
`Thiel knows your a loser...
`Fuck you, R'amji...
`[You‘re done
`You suck, faggot boy..
`
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`All good ._.
`.‘You fuckod Michello, bro...
`. laméoing kill you.
`. when I seé you. Ikillyou...
`Héhag
`- CXEleXlS.:~g‘-l(: '/
`[801) 841>5828
`EST good for
`mnicuscg 332mm com
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`Now Email
`Show Conmcx C:i
`Hey. Ramjim ‘
`n10
`' gay boy pervert loS'er‘lha‘l yc'niiir'ed..;ltilly fucked
`Michelle!!! woo hoo'!
`- My all sen-bro.
`And Whenl seeiyou next,.btw, Ramii....,.l'm going 10
`tucking throw my. list imo your pussy fuming jaw,
`pro: Get ready. pussy/boy,
`'
`You suck, yOJ fucking homo...
`Counsyl is DEAD. '
`Counsyl is_ dying, loser.
`" Thiel knows your 0105011...
`Fuck you, Reinii...
`You're done
`You suck laggot boy.
`
`_
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`'
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`.
`
`All good...
`. You iucked Michello; bro...
`
`lam going ll you.
`
`When I soe you. I kill you...
`Haha.?
`
`