PlainSite :: Equal Employment Opportunity Commission v. Tesla, Inc., California Northern District Court Case No. 3:23-cv-04984-JSC Document 53: Proposed Order

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ROBERTA L. STEELE, SBN 188198 (CA) MARCIA L. MITCHELL, SBN 18122 (WA) JAMES H. BAKER JR, SBN 291836 (CA) KENA C. CADOR, SBN 321094 (CA) U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 450 Golden Gate Ave., 5th Floor West P.O. Box 36025 San Francisco, CA 94102 Telephone No. (650) 684-0950 Fax No. (415) 522-3425 james.baker@eeoc.gov Attorneys for Plaintiff EEOC

THOMAS E. HILL, SBN 100861 (CA) CHRISTINA T. TELLADO, SBN 298597 (CA) HOLLAND & KNIGHT LLP 400 South Hope Street, 8th Floor Los Angeles, California 90071 Telephone (213) 896-2400 Fax No. (213) 896-2450 tom.hill@hklaw.com

Attorneys for Defendant TESLA, INC.

(Additional counsel listed on next page)

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

Plaintiff, vs.

TESLA, INC.

Case No.: 3:23-cv-04984-JSC [PROPOSED] FIRST STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR STANDARD LITIGATION

Defendant.

[PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI

Case No.: 3:23-cv-04984-JSC

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SARA A. BEGLEY (admitted pro hac vice) HOLLAND & KNIGHT LLP 1650 Market Street, Suite 3300 Philadelphia, Pennsylvania 19103 Telephone No. (215) 252-9600 Fax No. (215) 867-6070 SAMUEL J. STONE, SBN 317013 (CA) MARY T. VU, SBN 323088 (CA) HOLLAND & KNIGHT LLP 400 South Hope Street, 8th Floor Los Angeles, California 90071 Telephone No. (213) 896-2400 Fax No. (213) 896-2450 PAUL W. MATTHIAS-BENNETCH, SBN 318545 (CA) HOLLAND & KNIGHT LLP 601 SW Second Avenue, Suite 1800 Portland, Oregon 97204 Telephone No. (503) 243-2300 Fax No. (503) 241-8014 RAYMOND A. CARDOZO, SBN 173263 (CA) REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, California 94105-3659 Telephone No. (415) 543-8700 Fax No. (415) 391-8269 TYREE P. JONES JR., SBN 127631 (CA) REED SMITH LLP 1301 K Street, N.W., Suite 1000 Washington, DC 20005-3317 Telephone No. (202) 414-9200 Fax No. (202) 414-9299 Attorneys for Defendant TESLA, INC.

[PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI

Case No.: 3:23-cv-04984-JSC

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PURPOSE

This Order will govern the production and formatting of electronically stored information

(ESI) in this case as a supplement to the Federal Rules of Civil Procedure, this Court’s Guidelines

for the Discovery of Electronically Stored Information, and any other applicable orders and rules.

II.

COOPERATION

The parties are aware of the importance the Court places on cooperation and commit to

cooperate in good faith throughout the matter consistent with this Court’s Guidelines for the

Discovery of ESI.

III.

LIAISON

The parties have identified liaisons to each other who are and will be knowledgeable about

and responsible for discussing their respective ESI. Each e-discovery liaison will be or will have

access to those who are knowledgeable about the technical aspects of e-discovery, including the

location, nature, accessibility, format, collection, search methodologies, and production of ESI in

this matter. The parties will rely on the liaisons, as needed, to confer about ESI and to help resolve

disputes without court intervention.

IV.

PRESERVATION

The parties have discussed their preservation obligations and needs and agree that

preservation of potentially relevant ESI will be reasonable and proportionate. To reduce the costs

and burdens of preservation, the parties agree to supplement this Order with an ESI Protocol that

will address the preservation of ESI, as stipulated by the parties in their Joint Case Management

Conference Statement. See ECF 50, p. 8. Nothing in this stipulation is intended to abrogate or alter

the parties’ obligations with respect to preserving ESI.

SEARCH

The parties agree that in responding to an initial Fed. R. Civ. P. 34 request, or earlier if

appropriate, they will meet and confer as needed about methods to search ESI in order to identify

ESI that is subject to production in discovery and filter out ESI that is not subject to discovery.

VI.

PRODUCTION FORMATS

The parties agree to the format for production as described herein as well as Exhibit A.

[PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI

Case No.: 3:23-cv-04984-JSC

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Hard copy documents shall be scanned to single-page TIFF Group IV format (300 DPI

Paper Documents

resolution) with corresponding searchable OCR text and be logically unitized. The file name for the

TIFF image shall be the Bates/PageID Number. Scanned documents shall also be converted into

searchable text using optical character recognition (OCR), extracted, and saved as a text file named

with the Bates/PageID Number. The OCR shall include the Bates/PageID number for each page. The

load file shall include a field for the OCR/Text file path.

The parties will produce documents in accordance with the specifications identified in this

Email and User-Created Files

section. ESI will generally be produced in single-page TIFF format (300 DPI resolution) with

corresponding document-level extracted text and a delimited DAT file containing the metadata fields

outlined in Exhibit A.

All spreadsheet and presentation files (e.g., Excel, PowerPoint) shall be produced in

native format with an associated placeholder image, and a native file path contained in the DAT file

to the native file.

All hidden text (e.g., track changes, hidden columns, mark-ups, notes) shall be

expanded and rendered in the image file.

All embedded objects (Word documents, Excel spreadsheets, .wav files, etc.) that are

found within a file—excepting automatically generated signature graphics and logos to the extent

they can be isolated and excluded—shall be extracted and produced. For purposes of production, the

embedded files shall be treated as attachments to the original file, with the parent/child relationship

preserved.

The parties agree to take reasonable steps based on industry standards to open

password-protected or encrypted files, including using commercially accessible software as well as

requesting passwords from those individuals which the Parties represent. If there are potentially

responsive encrypted or password protected documents, which the producing party has been unable

to, after reasonable efforts, to locate the password or decrypt, the parties shall meet and confer. If a

party believes that removing password protection is unduly burdensome, the parties shall meet and

[PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI

Case No.: 3:23-cv-04984-JSC

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confer.

The producing party shall disclose any substantive gaps, errors, or exceptions in the

collected or processed ESI.

Parent-child relationships (association between an attachment and its parent document) shall

Family Relationships and Modern Attachments

be preserved. The attachment(s) shall be produced adjacent to the parent document, in terms of Bates

numbers, with the first attachment being named with the next sequential number after the parent, and

any additional attachment(s) sequentially numbered after that first attachment. The Parties agree that

if any part of a Document or its attachments is responsive, the entire Document and attachments will

be produced as responsive, except any attachments that must be withheld or redacted and logged

based on privilege. Withheld documents should be replaced with slip sheets.

The producing party shall use best efforts to produce hyperlinked documents and “Modern

attachments” contained within emails or other Unstructured Data in a reasonably usable form that

will identify the connection between the “parent” message (the originating message containing the

modern attachment) and the modern attachment, to the extent the producing party’s internal systems

reasonably allow for automated collection and identification of such Modern attachments. The

producing party shall meet and confer with the requesting party to discuss proposed formats of

production for modern attachments. To the extent that a unique modern attachments points to a

drive, folder, or other ESI that is not an individual file, parties shall meet and confer to discuss

production.

Short Messages, including text, Microsoft Teams, WhatsApp, and Slack messages, if any,

Short Messages

shall be produced in a searchable format that preserves the presentational features of the original

messages, such as emojis, images, video files, animations, and the like. Short Messages must not be

converted to non-unitized file formats such as PDF or TIFF. In general, Short Messages should be

produced in the same format as that in which they were exported for purposes of collection, search,

or review.

[PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI

Case No.: 3:23-cv-04984-JSC

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Prior to any production of responsive data from mobile devices, the producing party shall

Custodial Mobile Device Data

discuss the potential export formats and the method and tool used for extraction.

Documents that contain redactions, including any associated family members, will be

Redacted Documents

produced in single-page TIFF format (300 DPI resolution) with corresponding document-level

extracted text and a delimited DAT file containing the metadata fields outlined in Exhibit A to the

extent that such metadata fields are not part of the redaction. Documents produced with redactions

shall identify in some manner (such as through highlighting in black or through the use of redaction

boxes) the location and extent of redacted information. To the extent a party deems production of

redacted TIFF images of Excel spreadsheets significantly degrades the usability of the document, the

parties agree to meet and confer regarding alternate production methodologies of the redacted

information.

The default form for production of database information is “fielded tables” where each row

Structured Database Systems

represents a database record and each column represents a single data field, such as a Microsoft

Excel spreadsheet or delimited text file. The producing party will provide a description of the fields

contained in their structured databases, including any codes used. Upon review of the report, the

requesting party may make reasonable requests for additional information to explain the database

schema, codes, abbreviations, and different report formats or to request specific data from identified

fields.

VII.

PHASING

Following the Initial Disclosures, the parties agree to supplement Order with an ESI Protocol

that will address any phasing of ESI production, as stipulated by the parties in their Joint Case

Management Conference Statement. See ECF 50, p. 8.

VIII. DOCUMENTS PROTECTED FROM DISCOVERY

The parties intend to address inadvertent disclosures in a separate stipulation.

[PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI

Case No.: 3:23-cv-04984-JSC

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IX.

MODIFICATION

The parties agree to address any remaining issues concerning ESI including preservation,

search & collection, processing, and filtering and review in a supplemental ESI Protocol, as

stipulated by the parties in their Joint Case Management Conference Statement. See ECF 50, p. 8.

This Stipulated Order may also be modified by another Stipulated Order of the parties or by the

Court.

IT IS SO STIPULATED, through Counsel of Record. Dated: July 11, 2024 ROBERTA STEELE Regional Attorney MARCIA L. MITCHELL Assistant Regional Trial Attorney JAMES H. BAKER Senior Trial Attorney KENA C. CADOR Trial Attorney BY:

BY:

KARLA GILBRIDE

General Counsel CHRISTOPHER LAGE Deputy General Counsel Office of the General Counsel 131 M Street, N.E.

Washington, D.C. 20507

/s/ James H. Baker James H. Baker U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 450 Golden Gate Ave., 5th Floor West P.O. Box 36025 San Francisco, CA 94102 Telephone (650) 684-0950 james.baker@eeoc.gov Attorneys for Plaintiff EEOC /s/ Thomas E. Hill Thomas E. Hill thomas.hill@hklaw.com Christina T. Tellado christina.tellado@hklaw.com HOLLAND & KNIGHT LLP 400 South Hope Street, 8th Floor Los Angeles, California 90071 Telephone: (213) 896-2400 Facsimile: (213) 896-2450 Attorneys for Defendant Tesla Inc.

[PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI

Case No.: 3:23-cv-04984-JSC

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IT IS SO ORDERED that the forgoing Stipulation is approved.

Dated:

HON. JACQUELIN S. CORLEY
UNITED STATES DISTRICT JUDGE

LOCAL RULE 5-1(i)(3) ATTESTATION I, James H. Baker, am the ECF User whose ID and password are being used to file the Joint Case Management Conference Statement. In compliance with Local Rule 5-1(i)(3), I hereby attest that Thomas E. Hill concurs in this filing.

Dated: July 11, 2024

/s/ James H. Baker James H. Baker, Senior Trial Attorney

[PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI

Case No.: 3:23-cv-04984-JSC

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FORM OF PRODUCTION / LOAD FILE SPECIFICATIONS

Form of Production The parties agree to make all reasonable efforts to produce documents in accordance with

the specifications identified in this document. As set forth with greater particularity below, some ESI will be produced in native format, while PDF-format and hardcopy documents will be produced in single-page TIFF format (300 DPI resolution) with a delimited DAT file containing the metadata fields outlined in Attachment 1, accompanied by an Opticon (OPT) cross-reference file and corresponding document-level extracted text. Before making a production that does not conform to these specifications, the producing party shall meet and confer with the receiving party to explain why the production will not conform and explore alternative formats. The Commission uses the Relativity suite of e-Discovery software.

Email and User-Created Files

The parties agree to make all reasonable efforts to produce documents in accordance with the specifications identified in this section.

Email will be produced in single-page TIFF format (300 DPI resolution) with a delimited DAT file containing the metadata fields outlined in Attachment 1, accompanied by an Opticon

(OPT) cross-reference file and corresponding document-level extracted text. All spreadsheet and presentation files (e.g., Excel, PowerPoint) shall be produced in native format with an associated placeholder image. All hidden text (e.g., track changes, hidden columns, mark-ups, notes) shall be expanded and rendered in the image file. All non-graphic embedded objects (Word documents, Excel spreadsheets, .wav files, etc.) that are found within a file shall be extracted and produced. For purposes of production, the embedded files shall be treated as attachments to the original file, with the parent/child relationship preserved. Any data (whether individual files or digital containers) that is protected by a password, encryption key, digital rights management, or other encryption scheme, shall be decrypted prior to processing for production, to the extent practicable.

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Social Media Prior to any production of responsive data from social media (e.g., Twitter, Facebook, LinkedIn, internet-based email accounts, etc.), the producing party shall meet and confer with the receiving party regarding the potential export formats.

Redacted Documents Documents that contain redactions, including any associated family members, will be produced in single-page TIFF format (300 DPI resolution) with corresponding document-level extracted text and a delimited DAT file containing the metadata fields outlined in Attachment 1 to the extent that such metadata fields are not part of the redaction. To the extent a party deems production of redacted TIFF images of Excel spreadsheets significantly degrades the usability of the document, the parties agree to meet and confer regarding alternate production methodologies of the redacted information.

Structured Data: Database Systems Information from structured database systems shall be produced through existing report formats available in the associated applications, including but not limited to Microsoft Excel spreadsheet or delimited text format, if available. If a receiving party believes that the format of a produced report is inadequate or does not fully respond to a discovery request, the parties agree to meet and confer regarding other methods to produce responsive information from the Database Systems.

Paper Documents Documents kept in paper format in the usual course of business shall be produced in scanned and logically unitized format. Scanning shall be to single-page, TIFF Group IV, 300 dots per inch (dpi). Each page shall include the Bates/PageID number at the bottom of the page. The file name for the TIFF image shall be the Bates/PageID Number. Scanned documents shall also be converted into searchable text using optical character recognition (OCR), extracted, and saved as a text file named with the Bates/PageID Number. The OCR shall include the Bates/PageID number for each page. The load file (see A.8 below) shall include a field for the OCR/Text file path.

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PDF Files Documents kept in PDF format in the usual course of business shall be produced in logically unitized format. Such documents shall not be combined, merged, or otherwise joined if they are not so organized in the usual course of business. Files usually maintained in a different file type, but converted to PDF format and produced, will not be accepted. 7.

“Logically Unitized” Defined “Logically unitized” means that all pages that belong together as a document, and only those pages, are produced as one document, with relationships such as parent and child attachments maintained. Documents that are bulk-scanned to non-unitized files will not be accepted.

Load File Each production shall be accompanied by a delimited-load file in .DAT format that establishes the proper document breaks and maintains the parent/child relationships (BegAttach and EndAttach). The load file shall use the delimiters identified below and include all applicable data for the fields identified in Attachment 1.

Value Character ASCII Number Column ¶ 020 Quote þ 254 Newline ® 174 Multi-Value ; 059 Nested Value \ 092 The load file should be accompanied by an Opticon (OPT) cross-reference file that references one Bates number per line.

Transmission and Delivery 1.

Volumes and Folders Provide separate folders for images, text, and load files. Provide a Volume Number identifier for each production that is unique and runs in succession from the last volume

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produced (e.g., VOL001, VOL002, VOL003).

Acceptable Means of Delivery

Where possible, productions should be delivered by electronic means. Productions may be delivered by file-sharing services such as Drop Box or Hightail by sending the download to the attorneys identified in the parties’ electronic service lists. See ECF 50, p. 17. Productions greater than 40 MB or split into multiple emails whose collective size is greater than 40 MB, will not be accepted by email.

Where production by electronic means is not feasible, productions may be saved to external media (CD/DVD, USB drive, external HDD drive) and delivered by UPS or FedEx to the following address:

US EEOC

OGC\LMS\LitSupport Attn: Amanda Beckerink or Richard Van Nelson 131 M Street, NE 5th Floor Washington, D.C. 20507 Delivery by U.S. Postal Service is not sufficient, because USPS deliveries to the EEOC are subjected to X-RAY security scanning, which damages data stored on external media. 3.

Encryption

Productions may be encrypted using WinZip or PKWare. The Commission will not accept productions that require the installation of other applications to read the data or remove encryption.

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Attachment 1 METADATA FIELDS Field name CUSTODIAN AUTHOR BEGDOC# ENDDOC# PGCOUNT GROUPID BEGATTACH ENDATTACH REDACTIONS RECORD TYPE Field Description Custodian(s)/Source(s) - format: Last, First or ABC Dept.

Field Type Text 160 Creator of the document Text 500 Text 60 Text 60 Number 10 Text 60 Text 60 Text 60 Boolean 10 Text 60 Text 160 Start Bates (including prefix) - No spaces End Bates (including prefix) - No spaces Page Count Contains the Group Identifier for the family, in order to group e-mails with their attachments Start Bates number of parent document in attachment range End Bates number of last attachment in attachment range Identifies whether the document contains redactions.

Use the following choices: Image, Loose E-mail, E-mail, E-Doc, Attachment, Hard Copy or Other. If using Other, please specify what type after Other Field Value FROM Author - format: Last name, First name TO Recipient- format: Last name, First name CC Carbon Copy Recipients - format: Last name, First name BCC Blind Carbon Copy Recipients - format: Last name, First name SUBJECT Subject/Document Title Text Unlimited CONVINDEX E-mail system ID used to track replies, forwards, etc.

Text Unlimited Relative file path of the text file associated with either the extracted text or the OCR Text Unlimited Date Sent (Use Time Zone of Collection Locality) Date and Time MM/DD/YYYY HH:MM:SS TEXT FILEPATH DATE TIME SENT 5 Text – semicolon delimited Text – semicolon delimited Text – semicolon delimited Unlimited Unlimited Unlimited

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DATE TIME CRTD

Date Created (Use Time Zone of Collection Locality) Date and Time MM/DD/YYYY HH:MM:SS DATE TIME MOD Date Last Modified (Use Time Zone of Collection Locality) Date and Time MM/DD/YYYY HH:MM:SS DATE TIME ACCD Date Accessed (Use Time Zone of Collection Locality) Date and Time MM/DD/YYYY HH:MM:SS FILE SIZE Native File Size in bytes Number 10 Text Unlimited Text 10 Text Unlimited Text Unlimited Text Unlimited Text Unlimited Text Unlimited Text Unlimited FILE NAME FILE EXTENSION FILEPATH NATIVE LINK FOLDER ID MD5 HASH CONFIDENTIALITY PRIOR BATES BEG File name - name of file as it appeared in its original location Extension for the file (e.g. .doc, .pdf, .wpd) Data’s original source full folder path Relative file path location to the native file Hard Copy container information (e.g., folder or binder name) MD5 Hash value (used for deduplication or other processing) (email hash values must be run with the email and all of its attachments) Documents designated as Confidential, as outlined in the parties’ Stipulated Protective Order.

Begin Bates numbers of document as previously produced in related Vaughn and CRD cases.

PDF Page 1	PlainSite Cover Page

PDF Page 2	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 1 of 14 1 2 3 4 5 6 7 8 ROBERTA L. STEELE, SBN 188198 (CA) MARCIA L. MITCHELL, SBN 18122 (WA) JAMES H. BAKER JR, SBN 291836 (CA) KENA C. CADOR, SBN 321094 (CA) U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 450 Golden Gate Ave., 5th Floor West P.O. Box 36025 San Francisco, CA 94102 Telephone No. (650) 684-0950 Fax No. (415) 522-3425 james.baker@eeoc.gov Attorneys for Plaintiff EEOC 12 THOMAS E. HILL, SBN 100861 (CA) CHRISTINA T. TELLADO, SBN 298597 (CA) HOLLAND & KNIGHT LLP 400 South Hope Street, 8th Floor Los Angeles, California 90071 Telephone (213) 896-2400 Fax No. (213) 896-2450 tom.hill@hklaw.com 13 Attorneys for Defendant TESLA, INC. 14 (Additional counsel listed on next page) 9 10 11 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 20 21 22 23 24 Plaintiff, vs. TESLA, INC. Case No.: 3:23-cv-04984-JSC [PROPOSED] FIRST STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR STANDARD LITIGATION Defendant. 25 26 27 28 [PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI Case No.: 3:23-cv-04984-JSC

PDF Page 3	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 2 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 SARA A. BEGLEY (admitted pro hac vice) HOLLAND & KNIGHT LLP 1650 Market Street, Suite 3300 Philadelphia, Pennsylvania 19103 Telephone No. (215) 252-9600 Fax No. (215) 867-6070 SAMUEL J. STONE, SBN 317013 (CA) MARY T. VU, SBN 323088 (CA) HOLLAND & KNIGHT LLP 400 South Hope Street, 8th Floor Los Angeles, California 90071 Telephone No. (213) 896-2400 Fax No. (213) 896-2450 PAUL W. MATTHIAS-BENNETCH, SBN 318545 (CA) HOLLAND & KNIGHT LLP 601 SW Second Avenue, Suite 1800 Portland, Oregon 97204 Telephone No. (503) 243-2300 Fax No. (503) 241-8014 RAYMOND A. CARDOZO, SBN 173263 (CA) REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, California 94105-3659 Telephone No. (415) 543-8700 Fax No. (415) 391-8269 TYREE P. JONES JR., SBN 127631 (CA) REED SMITH LLP 1301 K Street, N.W., Suite 1000 Washington, DC 20005-3317 Telephone No. (202) 414-9200 Fax No. (202) 414-9299 Attorneys for Defendant TESLA, INC. 20 21 22 23 24 25 26 27 28 [PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI Case No.: 3:23-cv-04984-JSC

PDF Page 4	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 3 of 14 1 I. 2 PURPOSE This Order will govern the production and formatting of electronically stored information 3 (ESI) in this case as a supplement to the Federal Rules of Civil Procedure, this Court’s Guidelines 4 for the Discovery of Electronically Stored Information, and any other applicable orders and rules. 5 II. 6 COOPERATION The parties are aware of the importance the Court places on cooperation and commit to 7 cooperate in good faith throughout the matter consistent with this Court’s Guidelines for the 8 Discovery of ESI. 9 III. 10 LIAISON The parties have identified liaisons to each other who are and will be knowledgeable about 11 and responsible for discussing their respective ESI. Each e-discovery liaison will be or will have 12 access to those who are knowledgeable about the technical aspects of e-discovery, including the 13 location, nature, accessibility, format, collection, search methodologies, and production of ESI in 14 this matter. The parties will rely on the liaisons, as needed, to confer about ESI and to help resolve 15 disputes without court intervention. 16 IV. PRESERVATION 17 The parties have discussed their preservation obligations and needs and agree that 18 preservation of potentially relevant ESI will be reasonable and proportionate. To reduce the costs 19 and burdens of preservation, the parties agree to supplement this Order with an ESI Protocol that 20 will address the preservation of ESI, as stipulated by the parties in their Joint Case Management 21 Conference Statement. See ECF 50, p. 8. Nothing in this stipulation is intended to abrogate or alter 22 the parties’ obligations with respect to preserving ESI. 23 V. 24 SEARCH The parties agree that in responding to an initial Fed. R. Civ. P. 34 request, or earlier if 25 appropriate, they will meet and confer as needed about methods to search ESI in order to identify 26 ESI that is subject to production in discovery and filter out ESI that is not subject to discovery. 27 VI. 28 PRODUCTION FORMATS The parties agree to the format for production as described herein as well as Exhibit A. [PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI 1 Case No.: 3:23-cv-04984-JSC

PDF Page 5	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 4 of 14 1 A. 2 Hard copy documents shall be scanned to single-page TIFF Group IV format (300 DPI Paper Documents 3 resolution) with corresponding searchable OCR text and be logically unitized. The file name for the 4 TIFF image shall be the Bates/PageID Number. Scanned documents shall also be converted into 5 searchable text using optical character recognition (OCR), extracted, and saved as a text file named 6 with the Bates/PageID Number. The OCR shall include the Bates/PageID number for each page. The 7 load file shall include a field for the OCR/Text file path. 8 B. 9 The parties will produce documents in accordance with the specifications identified in this Email and User-Created Files 10 section. ESI will generally be produced in single-page TIFF format (300 DPI resolution) with 11 corresponding document-level extracted text and a delimited DAT file containing the metadata fields 12 outlined in Exhibit A. 13 1. All spreadsheet and presentation files (e.g., Excel, PowerPoint) shall be produced in 14 native format with an associated placeholder image, and a native file path contained in the DAT file 15 to the native file. 16 2. 17 18 All hidden text (e.g., track changes, hidden columns, mark-ups, notes) shall be expanded and rendered in the image file. 3. All embedded objects (Word documents, Excel spreadsheets, .wav files, etc.) that are 19 found within a file—excepting automatically generated signature graphics and logos to the extent 20 they can be isolated and excluded—shall be extracted and produced. For purposes of production, the 21 embedded files shall be treated as attachments to the original file, with the parent/child relationship 22 preserved. 23 4. The parties agree to take reasonable steps based on industry standards to open 24 password-protected or encrypted files, including using commercially accessible software as well as 25 requesting passwords from those individuals which the Parties represent. If there are potentially 26 responsive encrypted or password protected documents, which the producing party has been unable 27 to, after reasonable efforts, to locate the password or decrypt, the parties shall meet and confer. If a 28 party believes that removing password protection is unduly burdensome, the parties shall meet and [PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI 2 Case No.: 3:23-cv-04984-JSC

PDF Page 6	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 5 of 14 1 2 3 confer. 5. The producing party shall disclose any substantive gaps, errors, or exceptions in the collected or processed ESI. 4 C. 5 Parent-child relationships (association between an attachment and its parent document) shall Family Relationships and Modern Attachments 6 be preserved. The attachment(s) shall be produced adjacent to the parent document, in terms of Bates 7 numbers, with the first attachment being named with the next sequential number after the parent, and 8 any additional attachment(s) sequentially numbered after that first attachment. The Parties agree that 9 if any part of a Document or its attachments is responsive, the entire Document and attachments will 10 be produced as responsive, except any attachments that must be withheld or redacted and logged 11 based on privilege. Withheld documents should be replaced with slip sheets. 12 The producing party shall use best efforts to produce hyperlinked documents and “Modern 13 attachments” contained within emails or other Unstructured Data in a reasonably usable form that 14 will identify the connection between the “parent” message (the originating message containing the 15 modern attachment) and the modern attachment, to the extent the producing party’s internal systems 16 reasonably allow for automated collection and identification of such Modern attachments. The 17 producing party shall meet and confer with the requesting party to discuss proposed formats of 18 production for modern attachments. To the extent that a unique modern attachments points to a 19 drive, folder, or other ESI that is not an individual file, parties shall meet and confer to discuss 20 production. 21 D. 22 Short Messages, including text, Microsoft Teams, WhatsApp, and Slack messages, if any, Short Messages 23 shall be produced in a searchable format that preserves the presentational features of the original 24 messages, such as emojis, images, video files, animations, and the like. Short Messages must not be 25 converted to non-unitized file formats such as PDF or TIFF. In general, Short Messages should be 26 produced in the same format as that in which they were exported for purposes of collection, search, 27 or review. 28 [PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI 3 Case No.: 3:23-cv-04984-JSC

PDF Page 7	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 6 of 14 1 E. 2 Prior to any production of responsive data from mobile devices, the producing party shall 3 Custodial Mobile Device Data discuss the potential export formats and the method and tool used for extraction. 4 F. 5 Documents that contain redactions, including any associated family members, will be Redacted Documents 6 produced in single-page TIFF format (300 DPI resolution) with corresponding document-level 7 extracted text and a delimited DAT file containing the metadata fields outlined in Exhibit A to the 8 extent that such metadata fields are not part of the redaction. Documents produced with redactions 9 shall identify in some manner (such as through highlighting in black or through the use of redaction 10 boxes) the location and extent of redacted information. To the extent a party deems production of 11 redacted TIFF images of Excel spreadsheets significantly degrades the usability of the document, the 12 parties agree to meet and confer regarding alternate production methodologies of the redacted 13 information. 14 G. 15 The default form for production of database information is “fielded tables” where each row Structured Database Systems 16 represents a database record and each column represents a single data field, such as a Microsoft 17 Excel spreadsheet or delimited text file. The producing party will provide a description of the fields 18 contained in their structured databases, including any codes used. Upon review of the report, the 19 requesting party may make reasonable requests for additional information to explain the database 20 schema, codes, abbreviations, and different report formats or to request specific data from identified 21 fields. 22 VII. 23 PHASING Following the Initial Disclosures, the parties agree to supplement Order with an ESI Protocol 24 that will address any phasing of ESI production, as stipulated by the parties in their Joint Case 25 Management Conference Statement. See ECF 50, p. 8. 26 VIII. DOCUMENTS PROTECTED FROM DISCOVERY 27 The parties intend to address inadvertent disclosures in a separate stipulation. 28 [PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI 4 Case No.: 3:23-cv-04984-JSC

PDF Page 8	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 7 of 14 1 IX. MODIFICATION 2 The parties agree to address any remaining issues concerning ESI including preservation, 3 search & collection, processing, and filtering and review in a supplemental ESI Protocol, as 4 stipulated by the parties in their Joint Case Management Conference Statement. See ECF 50, p. 8. 5 This Stipulated Order may also be modified by another Stipulated Order of the parties or by the 6 Court. 7 8 9 10 11 12 13 14 15 IT IS SO STIPULATED, through Counsel of Record. Dated: July 11, 2024 ROBERTA STEELE Regional Attorney MARCIA L. MITCHELL Assistant Regional Trial Attorney JAMES H. BAKER Senior Trial Attorney KENA C. CADOR Trial Attorney BY: 16 17 18 19 20 21 22 23 24 25 26 BY: KARLA GILBRIDE General Counsel CHRISTOPHER LAGE Deputy General Counsel Office of the General Counsel 131 M Street, N.E. Washington, D.C. 20507 /s/ James H. Baker James H. Baker U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 450 Golden Gate Ave., 5th Floor West P.O. Box 36025 San Francisco, CA 94102 Telephone (650) 684-0950 james.baker@eeoc.gov Attorneys for Plaintiff EEOC /s/ Thomas E. Hill Thomas E. Hill thomas.hill@hklaw.com Christina T. Tellado christina.tellado@hklaw.com HOLLAND & KNIGHT LLP 400 South Hope Street, 8th Floor Los Angeles, California 90071 Telephone: (213) 896-2400 Facsimile: (213) 896-2450 Attorneys for Defendant Tesla Inc. 27 28 [PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI 5 Case No.: 3:23-cv-04984-JSC

PDF Page 9	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 8 of 14 1 IT IS SO ORDERED that the forgoing Stipulation is approved. 2 3 4 Dated: HON. JACQUELIN S. CORLEY UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 LOCAL RULE 5-1(i)(3) ATTESTATION I, James H. Baker, am the ECF User whose ID and password are being used to file the Joint Case Management Conference Statement. In compliance with Local Rule 5-1(i)(3), I hereby attest that Thomas E. Hill concurs in this filing. 12 13 Dated: July 11, 2024 14 /s/ James H. Baker James H. Baker, Senior Trial Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] 1st SIPULATED ORDER RE DISCOVERY ESI 6 Case No.: 3:23-cv-04984-JSC

PDF Page 10	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 9 of 14 FORM OF PRODUCTION / LOAD FILE SPECIFICATIONS A. Form of Production The parties agree to make all reasonable efforts to produce documents in accordance with the specifications identified in this document. As set forth with greater particularity below, some ESI will be produced in native format, while PDF-format and hardcopy documents will be produced in single-page TIFF format (300 DPI resolution) with a delimited DAT file containing the metadata fields outlined in Attachment 1, accompanied by an Opticon (OPT) cross-reference file and corresponding document-level extracted text. Before making a production that does not conform to these specifications, the producing party shall meet and confer with the receiving party to explain why the production will not conform and explore alternative formats. The Commission uses the Relativity suite of e-Discovery software. 1. Email and User-Created Files The parties agree to make all reasonable efforts to produce documents in accordance with the specifications identified in this section. Email will be produced in single-page TIFF format (300 DPI resolution) with a delimited DAT file containing the metadata fields outlined in Attachment 1, accompanied by an Opticon (OPT) cross-reference file and corresponding document-level extracted text. All spreadsheet and presentation files (e.g., Excel, PowerPoint) shall be produced in native format with an associated placeholder image. All hidden text (e.g., track changes, hidden columns, mark-ups, notes) shall be expanded and rendered in the image file. All non-graphic embedded objects (Word documents, Excel spreadsheets, .wav files, etc.) that are found within a file shall be extracted and produced. For purposes of production, the embedded files shall be treated as attachments to the original file, with the parent/child relationship preserved. Any data (whether individual files or digital containers) that is protected by a password, encryption key, digital rights management, or other encryption scheme, shall be decrypted prior to processing for production, to the extent practicable. 1

PDF Page 11	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 10 of 14 2. Social Media Prior to any production of responsive data from social media (e.g., Twitter, Facebook, LinkedIn, internet-based email accounts, etc.), the producing party shall meet and confer with the receiving party regarding the potential export formats. 3. Redacted Documents Documents that contain redactions, including any associated family members, will be produced in single-page TIFF format (300 DPI resolution) with corresponding document-level extracted text and a delimited DAT file containing the metadata fields outlined in Attachment 1 to the extent that such metadata fields are not part of the redaction. To the extent a party deems production of redacted TIFF images of Excel spreadsheets significantly degrades the usability of the document, the parties agree to meet and confer regarding alternate production methodologies of the redacted information. 4. Structured Data: Database Systems Information from structured database systems shall be produced through existing report formats available in the associated applications, including but not limited to Microsoft Excel spreadsheet or delimited text format, if available. If a receiving party believes that the format of a produced report is inadequate or does not fully respond to a discovery request, the parties agree to meet and confer regarding other methods to produce responsive information from the Database Systems. 5. Paper Documents Documents kept in paper format in the usual course of business shall be produced in scanned and logically unitized format. Scanning shall be to single-page, TIFF Group IV, 300 dots per inch (dpi). Each page shall include the Bates/PageID number at the bottom of the page. The file name for the TIFF image shall be the Bates/PageID Number. Scanned documents shall also be converted into searchable text using optical character recognition (OCR), extracted, and saved as a text file named with the Bates/PageID Number. The OCR shall include the Bates/PageID number for each page. The load file (see A.8 below) shall include a field for the OCR/Text file path. 2

PDF Page 12	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 11 of 14 6. PDF Files Documents kept in PDF format in the usual course of business shall be produced in logically unitized format. Such documents shall not be combined, merged, or otherwise joined if they are not so organized in the usual course of business. Files usually maintained in a different file type, but converted to PDF format and produced, will not be accepted. 7. “Logically Unitized” Defined “Logically unitized” means that all pages that belong together as a document, and only those pages, are produced as one document, with relationships such as parent and child attachments maintained. Documents that are bulk-scanned to non-unitized files will not be accepted. 8. Load File Each production shall be accompanied by a delimited-load file in .DAT format that establishes the proper document breaks and maintains the parent/child relationships (BegAttach and EndAttach). The load file shall use the delimiters identified below and include all applicable data for the fields identified in Attachment 1. Value Character ASCII Number Column ¶ 020 Quote þ 254 Newline ® 174 Multi-Value ; 059 Nested Value \ 092 The load file should be accompanied by an Opticon (OPT) cross-reference file that references one Bates number per line. B. Transmission and Delivery 1. Volumes and Folders Provide separate folders for images, text, and load files. Provide a Volume Number identifier for each production that is unique and runs in succession from the last volume 3

PDF Page 13	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 12 of 14 produced (e.g., VOL001, VOL002, VOL003). 2. Acceptable Means of Delivery Where possible, productions should be delivered by electronic means. Productions may be delivered by file-sharing services such as Drop Box or Hightail by sending the download to the attorneys identified in the parties’ electronic service lists. See ECF 50, p. 17. Productions greater than 40 MB or split into multiple emails whose collective size is greater than 40 MB, will not be accepted by email. Where production by electronic means is not feasible, productions may be saved to external media (CD/DVD, USB drive, external HDD drive) and delivered by UPS or FedEx to the following address: US EEOC OGC\LMS\LitSupport Attn: Amanda Beckerink or Richard Van Nelson 131 M Street, NE 5th Floor Washington, D.C. 20507 Delivery by U.S. Postal Service is not sufficient, because USPS deliveries to the EEOC are subjected to X-RAY security scanning, which damages data stored on external media. 3. Encryption Productions may be encrypted using WinZip or PKWare. The Commission will not accept productions that require the installation of other applications to read the data or remove encryption. 4

PDF Page 14	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 13 of 14 Attachment 1 METADATA FIELDS Field name CUSTODIAN AUTHOR BEGDOC# ENDDOC# PGCOUNT GROUPID BEGATTACH ENDATTACH REDACTIONS RECORD TYPE Field Description Custodian(s)/Source(s) - format: Last, First or ABC Dept. Field Type Text 160 Creator of the document Text 500 Text 60 Text 60 Number 10 Text 60 Text 60 Text 60 Boolean 10 Text 60 Text 160 Start Bates (including prefix) - No spaces End Bates (including prefix) - No spaces Page Count Contains the Group Identifier for the family, in order to group e-mails with their attachments Start Bates number of parent document in attachment range End Bates number of last attachment in attachment range Identifies whether the document contains redactions. Use the following choices: Image, Loose E-mail, E-mail, E-Doc, Attachment, Hard Copy or Other. If using Other, please specify what type after Other Field Value FROM Author - format: Last name, First name TO Recipient- format: Last name, First name CC Carbon Copy Recipients - format: Last name, First name BCC Blind Carbon Copy Recipients - format: Last name, First name SUBJECT Subject/Document Title Text Unlimited CONVINDEX E-mail system ID used to track replies, forwards, etc. Text Unlimited Relative file path of the text file associated with either the extracted text or the OCR Text Unlimited Date Sent (Use Time Zone of Collection Locality) Date and Time MM/DD/YYYY HH:MM:SS TEXT FILEPATH DATE TIME SENT 5 Text – semicolon delimited Text – semicolon delimited Text – semicolon delimited Unlimited Unlimited Unlimited

PDF Page 15	Case 3:23-cv-04984-JSC Document 53 Filed 07/11/24 Page 14 of 14 DATE TIME CRTD Date Created (Use Time Zone of Collection Locality) Date and Time MM/DD/YYYY HH:MM:SS DATE TIME MOD Date Last Modified (Use Time Zone of Collection Locality) Date and Time MM/DD/YYYY HH:MM:SS DATE TIME ACCD Date Accessed (Use Time Zone of Collection Locality) Date and Time MM/DD/YYYY HH:MM:SS FILE SIZE Native File Size in bytes Number 10 Text Unlimited Text 10 Text Unlimited Text Unlimited Text Unlimited Text Unlimited Text Unlimited Text Unlimited FILE NAME FILE EXTENSION FILEPATH NATIVE LINK FOLDER ID MD5 HASH CONFIDENTIALITY PRIOR BATES BEG File name - name of file as it appeared in its original location Extension for the file (e.g. .doc, .pdf, .wpd) Data’s original source full folder path Relative file path location to the native file Hard Copy container information (e.g., folder or binder name) MD5 Hash value (used for deduplication or other processing) (email hash values must be run with the email and all of its attachments) Documents designated as Confidential, as outlined in the parties’ Stipulated Protective Order. Begin Bates numbers of document as previously produced in related Vaughn and CRD cases. 6

AI text generation	None
AI document summarization	None
AI-augmented search	None
AI-generated images	None
AI chat or Q&A interface	Linkable via MCP
Third party AI contribution in government documents	Possible

Equal Employment Opportunity Commission v. Tesla, Inc. Document 53: Proposed Order