Pando

Pao to pay KPCB $275k in fees, way cleared for appeal

By Dan Raile , written on June 19, 2015

From The News Desk

June began with news that Ellen Pao had filed to appeal the ruling in her gender discrimination case against Kleiner Perkins Caufield Byers. Yet further information as to the scope and specifics of that appeal has neither been filed with the court or discussed in public.

Weeks earlier, the venerable VC firm had offered to drop its motion to recover nearly $1 million in court costs should Pao waive her right to appeal. After months of deflecting the appeal question, Pao scuttled any such offer by quietly filing notice of appeal on June 1.

Yesterday, after a brief hearing in San Francisco Superior Court, Judge Harold Kahn settled the issue of those outstanding costs.

"There is no doubt that KPCB has "vastly" greater economic resources than Ms. Pao. Nor is there any doubt that Ms. Pao is not indigent...it is also undoubtedly true that the $864,680.25 that KPCB seeks in expert fees is a material amount in the context of Ms. Pao's resources. On the other hand, this amount is not a material amount in the context of KPCB's resources."
Kahn ruled that Pao is responsible to pay $275,966.63 to cover Kleiner's expert witness deposition, testimony and travel costs. The reduced amount is based on Kahn's "rough cut" calculations scaling the reward to reflect the disparity between the two parties' financial resources.

Meanwhile, the plaintiff's camp has remained tight-lipped as to the details of the appeal. Now that the fee issue is out of the way, the path seems cleared for the appeal process to begin in earnest.