**[ORIole MOBILITY LETTERHEAD]**

**VIA EMAIL AND SERVICE**

[Date]

Federal Transport Safety Office  
Attn: [Name], Counsel  
[Address]  
[Email]

**Re: Administrative Subpoena No. [_____] Issued to Oriole Mobility, Inc.; Investigation of Osprey Electric Delivery Van Battery-Thermal Events**

Dear Counsel:

This is the response of Oriole Mobility, Inc. (“Oriole”) to the above-referenced administrative subpoena (the “Subpoena”). Oriole accepts the Office’s invitation to identify specific objections, propose narrowing, and produce nonprivileged responsive material. Oriole also accepts the Office’s offer of a nonwaiver and clawback agreement, subject to the privilege-log and clawback protocol set out in Section III below.

Oriole has preserved all potentially responsive sources, including custodial accounts, engineering and test repositories, incident databases, board and safety-committee materials, reseller complaint channels to the extent identified or potentially responsive, and files of Emberline Engineering. While objections and negotiations continue, Oriole will continue to preserve all potentially responsive sources.

Oriole does not assert blanket privilege over any request. Oriole does not assert privilege over underlying incident facts, ordinary engineering data, final business decisions, or documents merely copied to counsel. Oriole will produce responsive nonprivileged material that is reasonably available, even where it objects to another portion of the same request. Where material is mixed, Oriole will produce the nonprivileged portions and log only the withheld privileged or work-product portions.

## I. General Protocol and Reasonable Inquiry

### A. Reasonable Inquiry into Reseller-Managed Complaint Systems

Oriole sells through independent regional resellers. Some customer complaints may be stored in reseller ticketing systems rather than Oriole’s own complaint systems. Oriole’s file does not yet establish:

1. how many potentially responsive reseller-stored complaints exist;  
2. which reseller systems contain such complaints;  
3. whether Oriole’s reseller, support, warranty, or data-processing contracts give Oriole a contractual or practical right to retrieve or access them; or  
4. what reasonable access or extraction method is available.

Oriole has begun a reasonable inquiry into these facts. It is reviewing reseller agreements, support and data-processing addenda, ticketing APIs, complaint-forwarding workflows, warranty and service channels, and the role of reseller ticketing systems in the complaint lifecycle. Until that inquiry is complete, Oriole does **not** state that reseller-stored records are outside Oriole’s possession, custody, or control.

Oriole will complete this reasonable inquiry and report its findings. If the inquiry establishes that potentially responsive reseller complaint records are within Oriole’s control, Oriole will produce responsive nonprivileged material from those systems. If the inquiry establishes that certain records are not within Oriole’s control, Oriole will identify the facts supporting that conclusion after the inquiry is complete.

### B. Production Format

Unless otherwise agreed, Oriole will produce:

1. emails in native format, or MBOX/PST where appropriate, with reasonably available metadata;  
2. documents in native format, or PDF where native is not reasonably available;  
3. database records as structured extracts, load files, or tabular files with field descriptions;  
4. test results and source data in native formats or CSV/load files with sufficient metadata to make them understandable;  
5. photographs in native format with available metadata; and  
6. redacted versions of mixed documents, with privilege legends where appropriate.

Metadata will be produced where reasonably available. If metadata independently reveals privileged legal advice, Oriole will redact the offending metadata and log the redaction.

### C. Good-Faith Narrowing and Phased Production

Because the Office has invited specific objections and a narrowing proposal, Oriole proposes the phased production schedules set out below. These proposals are intended to produce the most relevant and reasonably available nonprivileged material first, while avoiding grossly disproportionate burden from unscoped searches across four vehicle lines, eighteen million messages, and multiple third-party and litigation-context sources.

---

## II. Specific Objections and Responses to Requests 1–6

### Request 1  
**“All customer complaints concerning heat, smoke, fire, charging, batteries, or electrical odor for every Oriole vehicle from 2018 through 2026.”**

#### 1. Objection

Request 1 is overbroad and unduly burdensome to the extent it:

1. reaches customer complaints for vehicles other than the Osprey, where the Office has not identified a specific relevance to the three Osprey battery-thermal events;  
2. reaches the period before January 1, 2022 for the Osprey, although the Osprey did not enter commercial service until January 1, 2022; and  
3. reaches all complaint channels and all vehicle lines without a reasonably tailored source, custodian, date, or relevance limit, including reseller ticketing systems whose existence, volume, and accessibility are still under reasonable inquiry.

The Office’s investigation concerns three battery-thermal events involving the Osprey. The preliminary collection indicates that Request 1 reaches four vehicle lines that use different battery systems. Complaints for non-Osprey vehicle lines are not shown to be reasonably relevant to the Osprey events unless they involve a shared battery, charging, battery-management, or electrical architecture, or otherwise involve the same type of battery-thermal symptom.

#### 2. What Oriole Will Produce

Oriole will produce all responsive, nonprivileged customer complaints in Oriole-maintained systems for the **Osprey** from **January 1, 2022 through December 31, 2026** that concern heat, smoke, fire, charging, batteries, or electrical odor. This includes, to the extent responsive and nonprivileged:

1. customer complaint tickets;  
2. call-center transcripts and notes;  
3. email or webform complaints;  
4. field-service and diagnostic reports;  
5. warranty and repair records;  
6. reseller-forwarded complaint records in Oriole’s possession, custody, or control; and  
7. nonprivileged attachments, including photographs, event logs, and diagnostic files.

For this production, Oriole will search complaint text, categories, codes, free-text notes, and diagnostic fields for terms such as:

> heat, overheating, overheat, smoke, fire, burning, burn, flame, spark, melting, thermal, thermal event, thermal runaway, battery, battery pack, battery module, battery cell, high voltage, HV, BMS, battery management system, state of charge, SOC, charging, charger, DC fast charge, AC charge, electrical, electrical odor, burning odor, foul odor, smell, insulation, arc, and temperature anomaly.

#### 3. What Oriole Will Withhold

Oriole will withhold and log only:

1. confidential attorney-client communications or requests for legal advice embedded in complaint handling; and  
2. work product prepared primarily in anticipation of litigation or administrative enforcement.

Oriole will not withhold customer complaints, complaint facts, field-service facts, diagnostic data, or photographs merely because they were sent to or viewed by counsel. Underlying factual complaint content will be produced unless it is inextricably bound to legal advice such that it cannot be produced without revealing the advice.

#### 4. What Oriole Will Investigate

Oriole will complete the reasonable inquiry described in Section I.A concerning reseller ticketing systems. Oriole will also:

1. identify the complaint categories, codes, and text fields used for heat, smoke, fire, charging, battery, and electrical-odor complaints;  
2. confirm which complaint systems contain Osprey complaint data;  
3. identify whether reseller complaint data has been forwarded, mirrored, or otherwise made available to Oriole; and  
4. determine the volume and source of any responsive reseller-stored complaints.

#### 5. Concrete Narrowing and Phased-Production Proposal

**Phase 1 — Osprey complaints in Oriole-maintained systems.**  
Oriole will produce all responsive, nonprivileged Osprey customer complaints from Oriole-maintained systems for **January 1, 2022 through the date of production** within **14 days** of the date of this response.

**Phase 2 — Reseller-stored complaints, after reasonable inquiry.**  
Oriole will complete its reasonable inquiry into reseller complaint systems within **21 days** of the date of this response. If responsive records are found to be within Oriole’s control, Oriole will produce them within **10 days** after completion of that inquiry.

**Phase 3 — Limited comparative complaints for non-Osprey vehicles, if the Office identifies relevance.**  
If the Office believes customer complaints for non-Osprey vehicles are reasonably relevant, Oriole proposes to produce a narrowed comparative set limited to complaints for vehicles that:

1. use a battery pack, battery module, cell supplier, charger, battery-management system, firmware, or high-voltage architecture shared with the Osprey; or  
2. involve the same type of battery-thermal symptom or the same incident classification as the three Osprey events.

Any such Phase 3 production would be limited to the relevant shared-architecture or symptom category and to the period in which the shared component or symptom category existed.

---

### Request 2  
**“All company communications containing any form of the words ‘battery,’ ‘heat,’ ‘smoke,’ ‘fire,’ or ‘charge,’ without custodian or date limitation.”**

#### 1. Objection

Request 2 is overbroad and unduly burdensome. As currently written, it reaches approximately **18 million messages**, including cafeteria notices about “fire drills,” routine charging reminders, general safety training, facility maintenance, and other communications that have no reasonable relevance to the three Osprey battery-thermal events. A search across all company communications without custodian, date, platform, or relevance limits creates a burden grossly disproportionate to likely relevance.

#### 2. What Oriole Will Produce

Oriole will produce responsive, nonprivileged company communications from the narrowed scope proposed below. This includes internal and external communications, to the extent responsive and nonprivileged, from email, collaboration platforms, and document-management systems.

Oriole will withhold and log only:

1. confidential attorney-client communications and requests for legal advice; and  
2. work product prepared primarily in anticipation of litigation or administrative enforcement.

Oriole will not withhold ordinary engineering data, incident facts, product-testing data, final business decisions, or documents merely copied to counsel.

#### 3. What Oriole Will Investigate

Oriole will:

1. run the proposed search on the initial custodians and date range;  
2. sample the resulting population to validate the search terms and custodian list;  
3. refine custodians or terms if the sample shows overinclusion or underinclusion;  
4. identify additional custodians if the Office identifies a specific issue not covered by the initial custodian list; and  
5. review for privilege and work product before production.

#### 4. Concrete Narrowing and Phased-Production Proposal

In response to the Office’s request, Oriole identifies the following initial custodians, reasonable Osprey date range, and proposed search terms.

##### A. Five Initial Custodians

1. [Name], Chief Engineer, Osprey Program  
2. [Name], Lead Engineer, Osprey Battery System  
3. [Name], Lead Engineer, Charging and High-Voltage Systems  
4. [Name], Director, Field Quality and Service  
5. [Name], Director, Product Compliance and Safety Reporting

These custodians are proposed for nonprivileged company communications concerning the Osprey battery system, charging system, field events, customer complaints, and safety reporting. General Counsel and other legal custodians will be addressed through Request 3 and the privilege protocol.

##### B. Reasonable Osprey Date Range

The reasonable initial Osprey date range is:

> **January 1, 2022 through the date of production, and in no event later than December 31, 2026.**

This is the period during which the Osprey was in commercial service.

If the Office requires pre-commercial design and development materials, Oriole proposes a limited second phase for **January 1, 2018 through December 31, 2021**, restricted to:

1. the initial custodians plus identified Osprey design and development custodians; and  
2. communications concerning the Osprey battery, charging, high-voltage, thermal, smoke, fire, or charge-related design and development.

##### C. Proposed Search Terms

The initial search will include the Subpoena’s required terms, with stemming or equivalent variants, combined with Osprey relevance terms to exclude unrelated vehicles and routine communications.

**Osprey relevance terms:**

> osprey*, “osprey ev,” “osprey program,” OSR-*, “osprey battery,” “osprey pack,” and other Osprey model or platform codes maintained in Oriole’s engineering and complaint systems.

**Subpoena terms and technical variants:**

> batter*, heat*, smok*, fire*, charg*, thermal*, “thermal runaway,” overheat*, temperature*, spark*, flame*, burn*, melting, “high voltage,” HV, BMS, “battery management system,” cell*, module*, pack*, “state of charge,” SOC, “DC fast charge,” “AC charge,” “electrical odor,” “burning odor,” “foul odor,” smell, insulation, arc.

**Proposed initial search logic:**

> (Osprey relevance term) AND (batter* OR heat* OR smok* OR fire* OR charg* OR thermal* OR “thermal runaway” OR overheat* OR spark* OR flame* OR burn* OR melting OR “high voltage” OR HV OR BMS OR “battery management system” OR cell* OR module* OR pack* OR “state of charge” OR SOC OR “DC fast charge” OR “AC charge” OR “electrical odor” OR “burning odor” OR “foul odor” OR insulation OR arc)

Supplemental phrase searches will include:

> “thermal event,” “battery fire,” “smoke from,” “charging incident,” “overheat,” “electrical smell,” “burning smell,” “battery smoke,” “charger fire,” “HV incident,” and “BMS fault.”

##### D. Exclusionary Filters and Sampling

To avoid gross overproduction of routine nonresponsive messages, Oriole will apply exclusionary filters for routine administrative terms where the message does **not** also contain an Osprey, battery/charger, or event term. Examples include:

> “fire drill,” “fire alarm,” “evacuation,” “fire extinguisher,” “fire code,” “fire watch,” “firewall,” “UPS,” “battery backup,” “scheduled charge,” “charging reminder,” “parking,” “cafeteria,” “HVAC,” and “general safety training.”

After the initial search, Oriole will stratify and sample **200 potentially responsive messages** by custodian and search term. If the sample shows that the search is materially overinclusive or underinclusive, Oriole will refine the terms, custodians, or exclusionary filters and rerun the search.

##### E. Phased Production

**Phase 1 — Osprey commercial-service period.**  
Oriole will complete the initial search and review within **14 days** of agreement to the proposed scope. Oriole will produce responsive, nonprivileged Phase 1 communications within **30 days** of agreement, with the privilege log provided with or promptly before production.

**Phase 2 — Design and development period, if requested.**  
If the Office requests pre-commercial design and development communications, Oriole will produce responsive, nonprivileged Phase 2 communications within **45 days** of agreement to the Phase 2 scope.

---

### Request 3  
**“All communications between Oriole and any lawyer concerning battery safety, product compliance, reporting duties, recalls, customer complaints, or the three events.”**

#### 1. Objection

Request 3 is objected to only to the extent it seeks:

1. confidential attorney-client communications;  
2. work product prepared primarily in anticipation of litigation or administrative enforcement; and  
3. communications concerning non-Osprey vehicles or pre-2022 matters where the Office has not identified a specific relevance to the Osprey investigation.

Oriole does not assert blanket privilege over the request. Communications that are not confidential, that do not seek or provide legal advice, that convey only underlying facts, ordinary engineering data, final business decisions, or compliance information, or that are merely copied to counsel are not privileged and will be produced.

#### 2. What Oriole Will Produce

Oriole will produce all responsive, nonprivileged communications between Oriole and any lawyer concerning:

1. the three Osprey events;  
2. Osprey battery safety;  
3. product compliance;  
4. reporting duties;  
5. recalls; and  
6. Osprey customer complaints.

This includes, to the extent nonprivileged:

1. factual incident descriptions;  
2. engineering and test data transmitted to or from counsel;  
3. photographs and diagnostic records;  
4. compliance reports and ordinary business compliance communications;  
5. final business decisions regarding recalls, reporting, or product response;  
6. communications with counsel concerning nonlegal business matters; and  
7. documents copied to counsel for nonlegal purposes.

Where a communication contains both privileged legal advice and nonprivileged facts, Oriole will produce the nonprivileged facts and redact only the privileged legal-advice or work-product portions.

#### 3. What Oriole Will Withhold

Oriole will withhold and log:

1. confidential communications between Oriole and counsel seeking or providing legal advice;  
2. requests for legal advice; and  
3. work product, including counsel’s legal analyses, risk assessments, strategy, and mental impressions prepared primarily because of anticipated litigation or administrative enforcement.

Oriole will not withhold underlying incident facts, ordinary engineering data, final business decisions, or documents merely because they were copied to counsel.

#### 4. What Oriole Will Investigate

Oriole will:

1. identify all in-house and outside lawyers who received or sent potentially responsive communications;  
2. determine whether communications with non-Oriole counsel, reseller counsel, or consultant counsel are within scope and whether any privilege or work-product claim applies;  
3. identify mixed documents containing both legal advice and nonprivileged facts;  
4. determine whether documents were prepared primarily in anticipation of litigation or administrative enforcement; and  
5. separate privileged legal advice from underlying facts, ordinary engineering data, and final business decisions.

#### 5. Concrete Narrowing and Phased-Production Proposal

**Phase 1 — The three events.**  
Oriole will produce responsive, nonprivileged communications concerning the three Osprey events from **January 1, 2022 through the date of production** within **14 days** of the date of this response.

**Phase 2 — Osprey battery safety, compliance, reporting, recalls, and complaints.**  
Oriole will produce responsive, nonprivileged communications concerning Osprey battery safety, product compliance, reporting duties, recalls, and customer complaints for **January 1, 2022 through the date of production** within **30 days** of the date of this response.

**Phase 3 — Pre-commercial design and development, if relevant.**  
If the Office identifies a specific relevance to pre-2022 design or development matters, Oriole will produce responsive, nonprivileged communications for **January 1, 2018 through December 31, 2021** from identified design, battery, charging, compliance, and legal custodians within **45 days** of agreement to that scope.

---

### Request 4  
**“All board and safety-committee materials concerning the Osprey battery system and the three events.”**

#### 1. Objection

Oriole objects to Request 4 only to the extent it seeks:

1. confidential attorney-client communications;  
2. work product prepared primarily in anticipation of litigation or administrative enforcement; and  
3. pre-2022 board or safety-committee materials absent a showing of relevance to the Osprey battery system or the three events.

Oriole does not object to producing ordinary board minutes, safety-committee materials, engineering summaries, business presentations, test summaries, and factual reports concerning the Osprey battery system and the three events.

#### 2. What Oriole Will Produce

Oriole will produce all responsive, nonprivileged board and safety-committee materials concerning the Osprey battery system and the three events, including:

1. ordinary board minutes;  
2. safety-committee minutes;  
3. board and committee presentations;  
4. ordinary engineering and safety summaries;  
5. nonprivileged attachments, including test summaries, incident summaries, photos, and data charts; and  
6. final business decisions regarding the Osprey battery system, the three events, recalls, reporting, or product response.

This production will cover **January 1, 2022 through the date of production**, and no later than **December 31, 2026**. If the Office identifies a specific relevance to pre-2022 board or safety-committee materials concerning the Osprey battery design or development, Oriole will produce responsive, nonprivileged pre-2022 materials after review.

#### 3. What Oriole Will Withhold

Oriole will withhold and log:

1. attachments or portions of materials containing confidential legal advice from outside or in-house counsel;  
2. portions of board or safety-committee materials containing work product;  
3. slides, exhibits, or attachments prepared primarily because of anticipated litigation or administrative enforcement; and  
4. portions of mixed documents containing counsel’s legal advice or work-product analysis.

Ordinary business discussions, engineering data, factual incident summaries, and final business decisions will not be withheld merely because counsel attended, received, or viewed the materials.

#### 4. What Oriole Will Investigate

Oriole will:

1. identify all board and safety-committee materials concerning the Osprey battery system and the three events;  
2. identify pre-2022 materials that may concern Osprey battery design or development;  
3. identify attachments from outside counsel;  
4. identify mixed legal-business presentations; and  
5. separate nonprivileged factual and business materials from privileged legal advice or work product.

#### 5. Concrete Narrowing and Phased-Production Proposal

Oriole will produce all responsive, nonprivileged board and safety-committee materials for **January 1, 2022 through the date of production** within **14 days** of the date of this response.

If the Office requests pre-2022 design or development materials, Oriole will produce responsive, nonprivileged pre-2022 board and safety-committee materials within **30 days** of agreement to that limited scope.

Privilege logs for withheld portions will be provided with or promptly before the corresponding production.

---

### Request 5  
**“The complete incident database, test results, source data, photographs, and metadata for the three events and substantially similar Osprey events.”**

#### 1. Objection

Request 5 is objected to as vague and overbroad to the extent:

1. “complete incident database” is read to require production of the entire incident database without a defined event scope; and  
2. “substantially similar Osprey events” is not objectively defined.

Oriole does not object to producing complete incident records, test results, source data, photographs, and metadata for the three Osprey events and for Osprey events that are substantially similar under the objective standard proposed below.

#### 2. Proposed Objective Definition of “Substantially Similar Osprey Events”

Oriole proposes that “substantially similar Osprey events” means any Osprey vehicle event involving:

1. the battery pack, high-voltage system, charger, battery-management system, or related electrical system; and  
2. one or more of the following:
   - abnormal heat;
   - smoke;
   - fire;
   - spark;
   - melting;
   - electrical odor;
   - thermal classification;
   - battery or charger replacement or recall; or
   - an incident code or diagnostic code corresponding to battery thermal, charging, high-voltage arc, or electrical-odor events.

To the extent practicable, Oriole will also identify events sharing the same battery pack design revision, charger model, BMS software or firmware version, or cell supplier as the three events.

#### 3. What Oriole Will Produce

Oriole will produce, for the three events and for substantially similar Osprey events under the proposed definition:

1. complete incident-database records;  
2. incident reports and field reports;  
3. test results;  
4. source data and raw test files;  
5. photographs;  
6. diagnostic logs;  
7. service and warranty records to the extent part of the event record; and  
8. reasonably available metadata.

For the three events, Oriole will produce the complete event record, including source data and metadata, within **8 days** of the date of this response.

For substantially similar Osprey events, Oriole will produce:

1. complete incident-database records and event reports;  
2. photographs and diagnostic logs;  
3. test results and source data reasonably available in the incident database or engineering repository; and  
4. reasonably available metadata.

#### 4. What Oriole Will Withhold

Oriole will withhold and log only:

1. test analyses, forensic reports, or other materials prepared primarily because of anticipated litigation or administrative enforcement; and  
2. confidential attorney-client communications or work product embedded in incident or test materials.

Ordinary incident data, ordinary product-testing data, source data, photographs, metadata, and factual event records will not be withheld merely because litigation or enforcement later arose.

#### 5. What Oriole Will Investigate

Oriole will:

1. identify all substantially similar Osprey events using the proposed definition;  
2. confirm which incident-database records, test results, source data, photographs, and metadata exist for each event;  
3. identify whether any post-event test reports or analyses were prepared primarily in anticipation of litigation or administrative enforcement;  
4. determine whether any reseller- or field-generated event records are within Oriole’s control; and  
5. separate nonprivileged ordinary-course testing and incident data from work product or privileged legal advice.

#### 6. Concrete Narrowing and Phased-Production Proposal

**Phase 1 — The three events.**  
Oriole will produce complete incident-database records, test results, source data, photographs, and metadata for the three events within **8 days** of the date of this response.

**Phase 2 — Substantially similar Osprey events.**  
Oriole will produce complete incident records, photographs, diagnostic logs, test results, source data, and metadata for substantially similar Osprey events within **21 days** of agreement to the proposed definition.

**Phase 3 — Raw source data, if needed.**  
If the Office requires raw source data in formats not included in Phase 2, Oriole will produce such source data within **30 days** of a written request identifying the specific format or event set.

---

### Request 6  
**“All reports by Emberline Engineering concerning Osprey batteries.”**

#### 1. Objection

Oriole objects to Request 6 only to the extent it seeks:

1. reports or analyses prepared by Emberline Engineering primarily in anticipation of litigation or administrative enforcement; and  
2. confidential attorney-client communications or work product embedded in Emberline reports.

Oriole does not assert work product over ordinary-course engineering reports. Annual battery-validation reports prepared by Emberline under a standing engineering contract are not work product merely because the three thermal events later occurred or because the Office later issued the Subpoena.

#### 2. What Oriole Will Produce

Oriole will produce all Emberline Engineering reports concerning Osprey batteries that were prepared in the ordinary course of engineering work and are not work product, including:

1. annual battery-validation reports from **2020 through 2024** prepared under the standing engineering contract;  
2. any ordinary-course Emberline reports from **2018 through 2019** or **2025 through 2026**, if they exist; and  
3. underlying test data, raw data, photographs, and factual results contained in or attached to those reports, to the extent nonprivileged.

If an Emberline report contains both ordinary-course test data and work-product analysis, Oriole will produce the ordinary-course test data and factual results, and will withhold and log only the work-product or privileged portions.

#### 3. What Oriole Will Withhold

Oriole will withhold and log:

1. reports, analyses, or portions of reports prepared by Emberline under the separate confidential engagement by which outside counsel retained Emberline after the second thermal event to analyze litigation and enforcement risk, if prepared primarily in anticipation of litigation or administrative enforcement;  
2. counsel-directed analytical work product contained in Emberline reports; and  
3. any confidential attorney-client communications embedded in Emberline report materials.

Oriole will not withhold ordinary validation-test data, ordinary engineering results, raw data, or factual measurements solely because they appear in a report that also contains work-product analysis.

#### 4. What Oriole Will Investigate

Oriole will:

1. identify all Emberline reports concerning Osprey batteries;  
2. confirm which reports were prepared under the standing engineering contract and which were prepared under the separate litigation-risk engagement;  
3. identify any ordinary-course reports that were revised, supplemented, or annotated after the thermal events for purposes of anticipated enforcement or litigation;  
4. separate ordinary-course test data from work-product analysis; and  
5. prepare privilege logs for withheld work-product or privileged portions.

#### 5. Concrete Narrowing and Phased-Production Proposal

**Phase 1 — Ordinary-course Emberline reports.**  
Oriole will produce all ordinary-course Emberline battery-validation reports concerning the Osprey for **2020 through 2024**, and any ordinary-course reports for **2018 through 2019** or **2025 through 2026**, within **14 days** of the date of this response.

**Phase 2 — Work-product litigation-engagement reports.**  
Oriole will provide a privilege log for Emberline reports or report portions prepared under the separate litigation-and-enforcement-risk engagement within **14 days** of the date of this response, to the extent such reports exist.

If the Office disputes the work-product characterization of any ordinary-course report portion, the parties will meet and confer, and Oriole will produce nonprivileged underlying data and factual results where they can be separated from the work-product analysis.

---

## III. Privilege-Log and Clawback Protocol

### A. Privilege Log

Privileged or work-product material may be withheld only with a log that provides the Office sufficient information to evaluate the claim. Unless the Office agrees in writing to categorical logging, Oriole will log each withheld document or each discrete withheld portion.

Each log entry will include at least the following fields:

1. **Log ID**;  
2. **Bates or document ID**;  
3. **Date** of the document or communication;  
4. **Author / creator / sender**;  
5. **Recipients**, including To, Cc, and known Bcc where reasonably available;  
6. **Document type** (e.g., email, memo, report, slide, attachment, database record, presentation);  
7. **Custodian**, if reasonably identifiable;  
8. **Title or subject**, stated without revealing privileged advice;  
9. **Subject-matter description**, stated without revealing the substance of legal advice or work-product mental impressions;  
10. **Privilege asserted** (attorney-client, work product, or both);  
11. **Basis for the claim**, including sufficient facts to evaluate the claim;  
12. **Portion withheld or redacted** (e.g., entire document, specific pages, lines, slides, paragraphs, or metadata fields);  
13. **Production status** (withheld, redacted, or produced in part); and  
14. **Date logged**.

#### Examples of Acceptable Log Descriptions

The following are examples of how Oriole will describe withheld material without revealing privileged advice:

- **Attorney-client:**  
  “Email from outside counsel to Director of Product Compliance concerning legal interpretation of regulatory reporting obligations after Event 2.”

- **Work product:**  
  “Memorandum prepared by counsel assessing the likelihood and potential exposure of administrative enforcement based on Event 3 incident data and test results.”

- **Mixed board presentation:**  
  “Board presentation concerning Osprey thermal events. Slides 1–4 produced; Slide 5 redacted because it contains counsel’s legal advice concerning recall authority; Slides 6–9 produced as factual engineering and incident summaries.”

- **Emberline work-product report:**  
  “Emberline report prepared under counsel’s retention assessing litigation and enforcement risk arising from Event 2 battery test data. Underlying test data produced separately in Request 5.”

### B. Categorical Logging

Oriole will not rely on categorical logging unless the Office agrees in writing. If the Office agrees to categorical logging for a defined category of repetitive, substantially similar documents, each category entry will include:

1. category name;  
2. date range;  
3. authors or senders;  
4. recipients;  
5. document type;  
6. privilege or work-product claim;  
7. subject-matter description stated without revealing advice;  
8. sufficient facts to evaluate the claim;  
9. number of documents; and  
10. Bates or document-ID range.

Categorical logging will be used only where appropriate and will not be used to obscure the scope of withheld legal advice or work product.

### C. Treatment of Mixed Documents and Attachments

Oriole will produce responsive nonprivileged material even where another portion of the same document is privileged.

For mixed documents:

1. Oriole will produce the nonprivileged portions.  
2. Oriole will redact only the privileged or work-product portions.  
3. Oriole will log each redacted portion.  
4. Where a single sentence contains both nonprivileged fact and privileged legal advice, Oriole will produce the fact to the extent it can be separated without revealing the advice, and will log the withheld portion.

For attachments:

1. Each discrete attachment will be treated as a separate document where possible.  
2. Nonprivileged attachments will be produced.  
3. Privileged attachments will be withheld and logged.  
4. Mixed attachments will be produced in redacted form, with redactions logged.  
5. Where an email body contains privileged legal advice but an attachment contains nonprivileged engineering data, test results, photographs, or factual incident information, Oriole will produce the attachment and redact or withhold the privileged email body as appropriate.

For board and safety-committee presentations:

1. Factual slides, engineering data, incident summaries, and business decisions will be produced.  
2. Slides containing counsel’s legal advice or work-product analysis will be redacted or withheld and logged.  
3. Attachments to presentations will be reviewed separately and produced to the extent nonprivileged.

### D. Timing of Privilege Logs

1. For documents produced within the 14-day response period, the corresponding privilege log will be provided with or promptly before production.  
2. For later phased productions, the privilege log will be provided with or at least **7 days before** the corresponding production.  
3. If newly responsive privileged or work-product material is identified after an initial production, Oriole will provide an updated log within **7 days** of identifying the material.  
4. A final or updated privilege log will be provided within **10 days** after completion of the applicable production phase.

### E. Clawback and Inadvertent Production

Oriole accepts the Office’s nonwaiver and clawback agreement, subject to the protocol below.

#### 1. Scope

The clawback protocol protects against waiver arising from the inadvertent production of privileged or work-product material. It does not protect against:

1. unreasonable review;  
2. deliberate overproduction of privileged advice; or  
3. production of material that Oriole knew or reasonably should have known was privileged.

#### 2. Reasonable Review and Quality Control

To avoid unreasonable review or deliberate overproduction, Oriole will use a reasonable review protocol, including:

1. collection from identified custodians and systems;  
2. application of agreed or proposed search terms, custodians, and date ranges;  
3. deduplication;  
4. first-pass responsiveness review;  
5. privilege and work-product review by trained personnel;  
6. secondary quality-control review of privilege decisions for mixed documents and high-risk categories;  
7. redaction verification; and  
8. random sampling to test for privilege errors.

#### 3. Procedure for Inadvertent Production

If Oriole identifies, after production, a document or portion that should have been withheld as privileged or work product, Oriole will:

1. immediately sequester the document internally;  
2. promptly notify the Office in writing, including:
   - the document ID or Bates range;
   - the date of production;
   - the privilege or work-product claim;
   - the factual basis for the claim; and
   - a request that the Office not use, disclose, or rely on the document;
3. request that the Office:
   - return or destroy the document;
   - sequester the document from further review;
   - refrain from using it in any proceeding; and
   - refrain from disclosing it to third parties;
4. provide a log entry or corrected privilege-log entry; and  
5. preserve the nonwaiver protections of the agreement.

If the Office identifies a potentially privileged document that Oriole has produced, Oriole will promptly meet and confer, provide a privilege log entry if appropriate, and seek the same sequestration and non-use protections.

#### 4. No Waiver for Inadvertent Production

Subject to the Office’s agreement, inadvertent production will not constitute a waiver of privilege or work product. However, Oriole will not invoke clawback to remedy a failure to conduct reasonable review or to address deliberate overproduction of privileged legal advice.

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## IV. Request for Agreement

Oriole respectfully requests the Office’s agreement to:

1. the narrowed scopes and phased-production schedules set forth in Section II;  
2. the proposed definition of “substantially similar Osprey events” in Request 5;  
3. the proposed custodians, date range, and search terms in Request 2;  
4. the privilege-log protocol in Section III.A through III.D; and  
5. the clawback protocol in Section III.E.

Oriole will continue to preserve all potentially responsive sources and will complete its reasonable inquiry into reseller complaint systems as described above. If the Office disagrees with any portion of this response, Oriole proposes that the parties meet and confer promptly to identify the narrowest scope that permits the Office to obtain reasonably relevant nonprivileged material without imposing grossly disproportionate burden.

Respectfully submitted,

**ORIole MOBILITY, INC.**

By: ________________________________  
[Name]  
[Title]  
Counsel for Oriole Mobility, Inc.  
[Address]  
[Phone]  
[Email]