2 b ry 15 6 ” 8 » 20 2 2 2 24 25 ELLEN PAO, LLC and DOES 1-20, case Naz COC KLEINER PERKINS CAUFIELD & BYERS SUPERIOR COURT OF CALIFORNIA. County of San Francisco Case No: CGC-12-520719 Plaintiff, VERDICT FORM Defendants, FOR‘We answer the questions submitted to us as follows: QUESTIONS ABOUT MS. PAO'S FIRST CLAIM 1. Was Ms, Pao's gender a substantial motivating reason for Kleiner Perkins’ not promoting Ms. Pao to senior partner? Yes_No If your answer to question 1 is yes, then answer question 2. If you answered no, then answer question 4 2. Was Ms. Pao harmed? ‘Yes__No Ifyour answer to question? is yes, then answer question 3. Ifyou answered no, then answer question 4. 3. Was Kleiner Perkins’ not promoting Ms. Pao to senior partner & substantial factor in causing harm to her? Yes_No Proceed to question 4, 4, Was Ms. Pao's gender a substantial motivating reason for her not being promoted to general partner?” Yes__No your answer to question 4 is yes, then answer question 5. Ifyou. answered no, then answer question 7 5, Was Ms, Pao harmed? If'your answer to question Sis yes, then answer question 6. If you answered no, then, answer question 7.6. Was not being promoted to general partner a substantial factor in ‘causing harm to Ms. Pao? Proceed to question 7. 7. Was Ms. Pao's gender a substantial motivating reason for Kleiner Perkins! decision to terminate her employment? If your answer fo question 7 is yes, then answer question 8. Ifyou answered no, proceed to the questions about Ms, Peo's second claim. 8, Was Ms, Pao harmed? Yes__No -fyour answer to question 8 i yes, then answer question 9. Ifyou answered no, ‘proceed tothe questions about Ms. Pao's second claim. 19, Was Kiciner Perkins! decision to terminate Ms. Pao's employment & substantial factor in causing harm to her? Yes__No Please proceed tothe questions about Ms. Pao's second claim. QUESTIONS ABOUT MS. PAO’S SECOND CLAIM 1. Were Ms, Pao's conversations in December 2011 andlor her January 4, 2012 ‘memorandum a substantial motivating reason for Kleiner Perkins’ not promoting her to senior partner? Yes__No If your answer to question 1 is yes, then answer question 2. Ifyou answered no, proceed to question 4. 2, Was Ms. Pao harmed? Yes__NoIf your answer to question 2 is yes, then answer question 3. Ifyou answered no, proceed to question 4? Yes_No 3. Was Kleiner Perkins' not promoting Ms. Peo to senior partner a substantial factor in ‘causing harm to her? Yes__No Proceed to question 4 4, Were Ms, Pao's conversations in December 2011 and her January 4, 2012 ‘memorandum a substantial motivating reason for her not being, promoted to general parner? Yes__No If your answer to question 4 is yes, then answer question 5. Ifyou answered no, proceed tothe questions about Ms. Paos third claim, $5. Was Ms. Pao harmed? Yes__No [your answer fo question 5 is yes, then answer question 6. Ifyou answered no, proceed tothe questions about Ms. Pad's third claim, 6. Was not being promoted to general partner a substantial factor in causing harm to Ms, Pao? Yes__No Please proceed tothe questions about Ms. Pao's third claim. ‘QUESTIONS ABOUT MS. PAO'S THIRD CLAIM ‘You should answer the questions about Ms. Pao's third claim only if you answered yes ‘wall ofthe questions 1-3, 4-6 and/or 7-9 about Ms. Pao's first claim. Ifyou did not answer yes to all ofthe questions 1-3, 4-6 and/or 7-9 about Ms. Pao's frst claim, proceed to answer the ‘questions about Ms. Pao's fourth claim. 1, Did Kleiner Perkins fail to take all reasonable steps to prevent gender discriminationagainst Ms. Pao? Yes__No ‘If your answer fo question I is yes, then answer question 2. IFyou answered no, do not answer any further questions about Ms. Pao's third claim, and proceed to the questions about Ms. Pao's fourth claim. 2. Was Ms. Pao harmed?” Yes__No your ansvver to question 2 is yes, then answer question 3. IFyou answered no, do not answer any farther questions about Ms. Pao's third claim, and proceed tothe questions about Ms. Pao's fourth claim. 3, Was Kleiner Perkins faire to take all reasonable steps to prevent gender discrimination against Ms. Pao a substantial factor in causing harm to her? Yes__No ‘Please proceed tothe questions about Ms. Pao's fourth claim. QUESTIONS ABOUT MS. PA'S FOURTH CLAIM 1. Were Ms. Pao's conversations in December 2011 andor her Tanuary 4, 2012 ‘memorandum and/or her filing this lawsuit «substantial motivating reason for Kleiner Perkins! decision to terminate Ms. Pao's employment? Ifyour answer fo question 1 is ye, then answer question 2. Ifyou answered no, do not ‘answer any further questions about Ms. Pao's fourth claim, and proceed tothe questions about ‘whether Kleiner Perkins would have acted the same way even if it had not ated wrongfully toward Ms, Pao, 2. Was Ms, Pao harmed? Yes_No If your answer to question 2is yes, hen answer question 3. Ifyou answered no, do not answer any further questions about Ms, Pao's fourth claim, and proceed to the questions about ‘whether Kleiner Perkins would ave acted the same way even ifit had not acted wrongflly toward Ms. Pao.3. Was Kleiner Perkins decision to terminate Ms. Pao's employment a substantial factor {in eausing harm to her? Yes_No Please proceed tothe questions about whether Kleiner Peskins would have acted the same way even iit had not acted weongfully toward Ms. Pao. (QUESTIONS ABOUT WHETHER KLEINER PERKINS WOULD HAVE ACTED THE SAME, WAY EVEN IF IT HAD NOT ACTED WRONGFULLY TOWARD MS. PAO Answer question I only ifyou found that Ms. Pao’s not being promoted to senior partner was substantially motivated by gender discrimination and/or retaliation. Ifyou found that Ms. Pao's not boing promoted to senior partner was not substantially motivated by gender discrimination andlor retaliation, proceed to the instructions after question 2. 1, Was Ms. Pao's poor ob performance also a substantial motivating reason for her not being promoted to senior partner? Yes_No fyour answer to question 1 is yes, then answer question 2. Ifyou answered no, skip question 2 and proceed tothe instructions after question 2. 2. Would Kleiner Perkins have failed to promote Ms. Pao to senior partner anyway ‘because of her poor job performance even ift had not also been substantially motivated by gender discrimination and/or retaliation? Yes _No Answer question 3 only ifyou found that Ms, Pao's not being promoted to general partner was substantially motivated by gender discrimination and/or retaliation. Ifyou found thatthe decision not to promote Ms. Pao to general partner was not substantially motivated by gender discrimination and/or retaliation, proceed to the instructions after question 4 3. Was Ms, Pao's poor job performance also a substantial motivating reason for her not being promoted to general partes? Yes__No |fyour answer to question 3 is yes, then answer question 4. Ifyou answered no, skipquestion 4 and proceed tothe instructions after question 4. 4. Would Kleiner Perkins have failed to promote Ms, Pao to general partner anyway ‘because of her poor job performance even if it had not also been substantially motivated by gender discrimination and/or retaliation? Yes__No Answer question 5 only ifyou found thatthe decision to terminate Ms. Pao's ‘employment was substantially motivated by gender discrimination and/or retaliation. Ifyou found that ‘the decision to terminate Ms. Pao's employment was not substantially motivated by gender discrimination andor retaliation, proceed tothe instructions after question 6, 5, Was Ms. Pao's poor job performance also a substantial motivating reason forthe Aecision to terminate her employment? Yes__No your answer to question 5 is yes then answer question 6, Ifyou answered no, skip question 6 and proceed tothe instructions after question 6. 6. Would Kleiner Perkins have terminated Ms. Pao's employment anyway because of ‘Ms. Pao's pour job penforsiave even iFit had not also been substantially motivated by gender discrimination and/or retaliation? ‘Yes__No Proceed to the compensetory damages questions only if you answered no to either question | or 2, questions 3 or 4 and/or 5 and 6 in this section, Otherwise stop here, answer no further questions and have the presiding juror sign and date this form. COMPENSATORY DAMAGES QUESTIONS 1. What amount of compensatory damages do you avard to Ms. Pao for past and future lost earings? a. Past lost earnings ». Future lost earings $ Total s Please proceed to the punitive damages questions.PUNITIVE DAMAGES QUESTIONS 1. Did Kleiner Perkins act with malice, oppression, or fraud with respect to any o all of its actions or inactions that you found were substantially motivated by gender diserimination and/or retaliation? ‘Yes__No Ifyour answer to question 1 is yes, then answer question 2. If you answered no, stop ‘here, answer no further questions, and have the presiding juror sign and date this form. 2. Was the conduct constituting malice, oppression, or fraud committed by one or more ‘managing partners of Kleiner Perkins acting on behalf of Kleiner Perkins? Yes__No Signed: Presiding Juror Dated: After this verdict form has been signed, please notify the bailiff that you are ready to ‘present your verdict in the courtroom.