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Case 3:23-cv-04984-JSC
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
United States District Court Northern District of California
Plaintiff, v.
Case No. 23-cv-04984-JSC ORDER RE: SECOND ESI PROTOCOL DISCOVERY DISPUTE Re: Dkt. No. 83
TESLA, INC.,
Defendant.
Pending before the Court is a discovery dispute joint letter regarding the parties’ Second
ESI Protocol. Upon review of the submission, the Court concludes oral argument is not required.
See N.D. Cal. Civ. L.R. 7-1(b).
1. Sources of ESI, Preservation of ESI, and Reasonably Inaccessible Data
The Court adopts Tesla’s position as to the language of the Second ESI Protocol as to the
above three categories; however, on or before February 13, 2025, Tesla shall file a submission
with the Court identifying the specific ESI sources it has preserved for this and the related cases,
when the preservation order(s) was placed, the beginning date of the preserved ESI, and a general
description of the information in each source. The submission shall also identify whether any of
the sources of data identified on Exhibit A are inaccessible and why they are inaccessible. For
example, Tesla must explain whether Convercent is inaccessible and why.
2. Use of Search Terms
The Court adopts EEOC’s proposal as representing best practices in large data cases such
as this. If a different method is better suited to a particular ESI source, the parties can meet and
confer on that at the time; but, the EEOC’s proposal shall be the default.
3. Structured Database Systems
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The Court adopts EEOC’s proposal. Again, if it turns out this method does not work for a
particular structured database, the producing party can raise the issue and meet and confer on an
appropriate alternative method at that time.
4. Second ESI Protocol
The Second ESI Protocol, consistent with this Order, shall be filed by February 7, 2025.
This Order disposes of Docket No. 83.
IT IS SO ORDERED.
Dated: February 3, 2025
United States District Court Northern District of California
JACQUELINE SCOTT CORLEY
United States District Judge
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