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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) 684-0933 Fax No. (415) 522-3425 kena.cador@eeoc.gov Attorneys for Plaintiff EEOC
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff,
vs.
TESLA, INC.
Defendant.
Case No.: 4:23-cv-04984-JSC DECLARATION OF JAMES H. BAKER IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER ENLARGING BRIEFING SCHEDULE FOR TESLA’S MOTION TO DISMISS AND RESETTING HEARING DATE
DECLARATION
I, James H. Baker, being of lawful age, declare under penalty of perjury, that the following statements are true and correct to the best of my knowledge:
1. I am a Senior Trial Attorney at the United States Equal Employment Opportunity
Commission (EEOC), in the San Francisco District Office, and I have personal
knowledge of the facts set forth in this Declaration.
2. I submit this declaration in support of the Parties’ Stipulation and Proposed Order Enlarging Briefing Schedule for Tesla’s Motion to Dismiss and Resetting Hearing Date.
3. Plaintiff EEOC filed the Complaint in this matter on September 28, 2023. (ECF 1)
DECLARATION OF JAMES H. BAKER
Case No.: 4:23-cv-04984-JSC
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4. On December 18, 2023, Defendant Tesla filed a Notice of Motion and Motion to Stay All
Proceedings and requested a hearing on February 1, 2024. (ECF 22) The current
deadlines for the Parties to submit an opposition and a reply there to are January 3, 2024,
and January 10, 2024, respectively (ECF 22-A).
5. On December 26, 2023, Defendant Tesla filed a Notice of Motion and Motion to Dismiss
and requested a hearing on February 8, 2024. (ECF 27) The current deadlines for the
Parties to submit an opposition and a reply thereto are January 9, 2024, and January 16,
2024, respectively (ECF 27-A).
6. The Parties seek modest additional time to prepare their respective briefings for the
Motion to Dismiss, the schedule for which has fallen over the holidays and overlaps with
the Parties’ opposition and reply for the Motion to Stay.
7. Extending the time to complete the briefing and hear Tesla’s Motion to Dismiss, a date
which was noticed by Tesla, will not otherwise disrupt any other deadlines in the case.
8. The only prior time modification requested and received by the Parties was to vacate the
initial case management deadlines until after the Court rules on Tesla’s Motion to Stay
All Proceedings (ECF 23, 24).
9. The Parties have conferred and believe there is good cause for exists to enlarge the
briefing schedule and continue the related hearing date for Tesla’s Motion to Dismiss, as
the briefing schedule overlaps with briefing on the Motion to Stay, the additional
requested time is modest, and the enlargement will not disrupt any other deadlines in the
case.
//
//
//
10. The Parties ask that the deadline for the EEOC to oppose this Motion be January 30, 2024, and the deadline for Tesla to reply to the opposition be February 6, 2024. Also,
DECLARATION OF JAMES H. BAKER
Case No.: 4:23-cv-04984-JSC
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subject to Court approval, the Parties’ request that the hearing on this Motion be held on
February 22, 2024.
I declare under penalty of perjury under the laws of the Unites States that the foregoing is
true and correct.
Dated: December 29, 2023
James H. Baker
DECLARATION OF JAMES H. BAKER
Case No.: 4:23-cv-04984-JSC
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