Judge Kahn rules Pao will have to pay $275,966 of $972,814 of Kleiner’s costs for expert fees, depositions, transcription and travel for expert witnesses it had incurred during the trial. Kahn allows most of Kleiner ‘s costs for jury food ($177.56), filing and motion fees ($240) and technology equipment rental ($7,196.). However, he notes that under the Fair Employment and Housing Act, the scale of each parties’ economic resources should be considered, and as Kleiner has greater economic resources than Pao, he scales back its cost of expert witnesses. Kleiner says it is pleased with the result:
This tentative ruling recognizes that our settlement offer was reasonable and made in good faith. It also recognizes the cost rules still apply when a plaintiff refuses a reasonable settlement offer and forces the parties to go through an expensive trial.
After a further two hours deliberation, the jury says that Kleiner Perkins did not fire Pao on the the basis of her filing the current lawsuit. Pao:
I want to thank my family and friends and everyone, male and female, who has reached out to tell me their stories. I have told my story and thousands of people have heard it. My story is their story. If I’ve helped to level the playing field for women and minorities in venture capital, then the battle was worth it. Now it’s time for me to get back to my career.
Today’s verdict reaffirms that Ellen Pao’s claims have no legal merit. We are grateful to the jury for its careful examination of the facts. There is no question gender diversity in the workplace is an important issue. KPCB remains committed to supporting women in venture capital and technology both inside our firm and within our industry.
After a 24 day trial, and two days of deliberations, the jury says it finds Kleiner Perkins Caufield Byers innocent on all counts of sex discrimination against former employee Pao. However, when Judge Kahn asks each individual juror their decision, it is discovered that count 4 (was Pao terminated in response to her filing suit) has not been decided fully, having an 8-4 majority, instead of the 9-3 required, and the jury is told to go back. Kahn:
At this point ladies and gentlemen, I must ask you to resume your deliberations.