1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FLOR JIMENEZ, Case No. 2:23-cv-03028-TLN-CSK 12 Plaintiff, 13 v. ORDER RE: DEFENDANT’S MOTION TO RETAIN CONFIDENTIALITY 14 HYATT CORPORATION, (ECF Nos. 90, 94) 15 Defendant. 16 17 Defendant Hyatt Corporation has moved to retain its confidentiality designations 18 as to portions of the deposition transcript of its corporate representative, Najia Sabir. 19 (ECF Nos. 90, 94, 104, 106.) On February 19, 2026, the Court held an informal 20 discovery conference at which attorney Jessenia Martinez appeared for Plaintiff Flor 21 Jimenez, and attorney Jonathan Marvisi appeared for Defendant. (ECF No. 95.) The 22 Court vacated the March 10, 2026 hearing originally noticed for the motion pursuant to 23 the parties' request to resolve the discovery dispute through the informal discovery 24 resolution process. The parties were provided with the opportunity to submit 25 supplemental briefs. (ECF No. 96.) 26 For the reasons that follow, the Court DENIES without prejudice Defendant’s 27 motion to retain its confidentiality designations. 28 / / / 1 I. BACKGROUND 2 The case background has been provided in previous orders, and is incorporated 3 here by reference. The background provided here is limited to the discovery dispute at 4 issue. See Def. Mot. (ECF No. 90); 2/17/2026 Joint Ltr Br (ECF No. 94); Def. Supp. Br. 5 (ECF No. 104); 3/4/2026 Jonathan D. Marvisi Decl. (ECF No. 104-1); 3/4/2026 Najia 6 Sabir Decl. (ECF No. 104-2); Pl. Supp. Br. (ECF No. 106). 7 Plaintiff and Hyatt submitted a proposed Stipulated Protective Order (ECF No. 8 32), which the Court approved and entered on April 8, 2025 (ECF No. 33). 9 On October 22, 2025, Plaintiff took the deposition of Hyatt’s corporate 10 representative, Najia Sabir, pursuant to Federal Rule of Civil Procedure 30(b)(6). During 11 the deposition, Hyatt did not make its confidentiality designation on the record. 12 The next day, on October 23, 2025, defense counsel notified Plaintiff’s counsel 13 that Hyatt inadvertently failed to make its confidentiality designation on the record and 14 would submit its specific confidentiality designations after receiving the deposition 15 transcript. On November 4, 2025, Hyatt subsequently submitted its specific 16 confidentiality designations. On November 20, 2025, Plaintiff challenged all of Hyatt’s 17 designations. After the parties met and conferred regarding their dispute, Hyatt 18 submitted modified designations, narrowing its designations. The parties were not able 19 to resolve their dispute and Hyatt filed its motion on January 28, 2026. 20 On February 19, 2026, the Court held an informal discovery conference as to 21 Hyatt’s request to compel Plaintiff’s supplemental responses to Requests for Production 22 (“RFP”) Set Two and Hyatt’s motion to retain confidentiality. (ECF No. 94.) At the parties' 23 request to resolve the discovery dispute through the informal discovery resolution 24 process, the Court vacated the March 10, 2026 hearing originally noticed for the motion 25 and provided the parties with the opportunity to submit supplemental briefs limited to five 26 (5) pages. (ECF No. 96.) 27 Due to either a miscommunication or misunderstanding, the parties submitted 28 their supplemental briefs by e-mail rather than filing the briefs in the case docket, which 1 led to an inadvertent delay in addressing the motion. Requests for court action must be 2 filed in the official court record for a case, and the parties were subsequently ordered to 3 file their supplemental briefs. (See ECF No. 103.) As required, Hyatt separately 4 submitted the entire deposition transcript at issue by e-mail. The parties filed their 5 supplemental briefs on April 9, 2026 (ECF Nos. 104, 106), and briefing is now complete. 6 II. DISCUSSION 7 A. Legal Standards 8 Pursuant to Federal Rule of Civil Procedure 26, “[t]he court may, for good cause, 9 issue an order to protect a party or person from annoyance, embarrassment, oppression, 10 or undue burden or expense.” Fed. R. Civ. P. 26(c)(1). “The party opposing disclosure 11 has the burden of proving ‘good cause,’ which requires a showing ‘that specific prejudice 12 or harm will result’ if the protective order is not granted.” In re Roman Cath. Archbishop 13 of Portland in Oregon, 661 F.3d 417, 424 (9th Cir. 2011) (quoting Foltz v. State Farm 14 Mut. Auto. Ins. Co., 331 F.3d 1122, 1130 (9th Cir. 2003)). The court need not making a 15 finding of good cause before issuing a protective order when the parties stipulate to a 16 protective order, as the parties do here. See id. When there is a stipulated protective 17 order, the burden of proof remains with the party seeking protection (here, Hyatt). See id. 18 (citing Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1211 n.1 (9th Cir. 2002)). 19 The court analyzes a motion to retain confidentiality designations pursuant to a 20 stipulated protective order in two steps. First, the court “must determine whether 21 particularized harm will result from disclosure of information to the public.” In re Roman 22 Cath. Archbishop of Portland, 661 F.3d at 424. Second, “if the court concludes that such 23 harm will result from disclosure of the discovery documents, then it must proceed to 24 balance the public and private interests to decide whether maintaining a protective order 25 is necessary.” Id. Where both factors weigh in favor of protection, the court must also 26 consider whether redaction will allow disclosure. Id. at 425 (citing Foltz v. State Farm 27 Mut. Auto. Ins. Co., 331 F.3d 1122, 1136-37 (9th Cir. 2003)). In balancing the interests, 28 courts examine the following factors: “(1) whether disclosure will violate any privacy 1 interests; (2) whether the information is being sought for a legitimate purpose or for an 2 improper purpose; (3) whether disclosure of the information will cause a party 3 embarrassment; (4) whether confidentiality is being sought over information important to 4 public health and safety; (5) whether the sharing of information among litigants will 5 promote fairness and efficiency; (6) whether a party benefitting from the order of 6 confidentiality is a public entity or official; and (7) whether the case involves issues 7 important to the public.” See id. at 424, 424 n.5 (citing Glenmede Trust Co. v. 8 Thompson, 56 F.3d 476, 483 (3d Cir. 1995)). 9 B. Analysis 10 As the party opposing disclosure, Hyatt has the burden to establish good cause, 11 “which requires a showing ‘that specific prejudice or harm will result’ if the protective 12 order is not granted.” In re Roman Cath. Archbishop, 661 F.3d at 424 (quoting Foltz, 331 13 F.3d at 1130). Hyatt has failed to carry its burden because it does not make a showing of 14 specific prejudice or harm that will result if the designated portions do not maintain their 15 Confidential designation. Hyatt makes general statements of harm. The most detail 16 provided regarding the potential harm is included within three sentences of the Sabir 17 declaration, but even this is insufficient. See Sabir Decl. ¶ 7. This general description of 18 harm also appears to be the explanation for all the designations.
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FLOR JIMENEZ, Case No. 2:23-cv-03028-TLN-CSK 12 Plaintiff, 13 v. ORDER RE: DEFENDANT’S MOTION TO RETAIN CONFIDENTIALITY 14 HYATT CORPORATION, (ECF Nos. 90, 94) 15 Defendant. 16 17 Defendant Hyatt Corporation has moved to retain its confidentiality designations 18 as to portions of the deposition transcript of its corporate representative, Najia Sabir. 19 (ECF Nos. 90, 94, 104, 106.) On February 19, 2026, the Court held an informal 20 discovery conference at which attorney Jessenia Martinez appeared for Plaintiff Flor 21 Jimenez, and attorney Jonathan Marvisi appeared for Defendant. (ECF No. 95.) The 22 Court vacated the March 10, 2026 hearing originally noticed for the motion pursuant to 23 the parties' request to resolve the discovery dispute through the informal discovery 24 resolution process. The parties were provided with the opportunity to submit 25 supplemental briefs. (ECF No. 96.) 26 For the reasons that follow, the Court DENIES without prejudice Defendant’s 27 motion to retain its confidentiality designations. 28 / / / 1 I. BACKGROUND 2 The case background has been provided in previous orders, and is incorporated 3 here by reference. The background provided here is limited to the discovery dispute at 4 issue. See Def. Mot. (ECF No. 90); 2/17/2026 Joint Ltr Br (ECF No. 94); Def. Supp. Br. 5 (ECF No. 104); 3/4/2026 Jonathan D. Marvisi Decl. (ECF No. 104-1); 3/4/2026 Najia 6 Sabir Decl. (ECF No. 104-2); Pl. Supp. Br. (ECF No. 106). 7 Plaintiff and Hyatt submitted a proposed Stipulated Protective Order (ECF No. 8 32), which the Court approved and entered on April 8, 2025 (ECF No. 33). 9 On October 22, 2025, Plaintiff took the deposition of Hyatt’s corporate 10 representative, Najia Sabir, pursuant to Federal Rule of Civil Procedure 30(b)(6). During 11 the deposition, Hyatt did not make its confidentiality designation on the record. 12 The next day, on October 23, 2025, defense counsel notified Plaintiff’s counsel 13 that Hyatt inadvertently failed to make its confidentiality designation on the record and 14 would submit its specific confidentiality designations after receiving the deposition 15 transcript. On November 4, 2025, Hyatt subsequently submitted its specific 16 confidentiality designations. On November 20, 2025, Plaintiff challenged all of Hyatt’s 17 designations. After the parties met and conferred regarding their dispute, Hyatt 18 submitted modified designations, narrowing its designations. The parties were not able 19 to resolve their dispute and Hyatt filed its motion on January 28, 2026. 20 On February 19, 2026, the Court held an informal discovery conference as to 21 Hyatt’s request to compel Plaintiff’s supplemental responses to Requests for Production 22 (“RFP”) Set Two and Hyatt’s motion to retain confidentiality. (ECF No. 94.) At the parties' 23 request to resolve the discovery dispute through the informal discovery resolution 24 process, the Court vacated the March 10, 2026 hearing originally noticed for the motion 25 and provided the parties with the opportunity to submit supplemental briefs limited to five 26 (5) pages. (ECF No. 96.) 27 Due to either a miscommunication or misunderstanding, the parties submitted 28 their supplemental briefs by e-mail rather than filing the briefs in the case docket, which 1 led to an inadvertent delay in addressing the motion. Requests for court action must be 2 filed in the official court record for a case, and the parties were subsequently ordered to 3 file their supplemental briefs. (See ECF No. 103.) As required, Hyatt separately 4 submitted the entire deposition transcript at issue by e-mail. The parties filed their 5 supplemental briefs on April 9, 2026 (ECF Nos. 104, 106), and briefing is now complete. 6 II. DISCUSSION 7 A. Legal Standards 8 Pursuant to Federal Rule of Civil Procedure 26, “[t]he court may, for good cause, 9 issue an order to protect a party or person from annoyance, embarrassment, oppression, 10 or undue burden or expense.” Fed. R. Civ. P. 26(c)(1). “The party opposing disclosure 11 has the burden of proving ‘good cause,’ which requires a showing ‘that specific prejudice 12 or harm will result’ if the protective order is not granted.” In re Roman Cath. Archbishop 13 of Portland in Oregon, 661 F.3d 417, 424 (9th Cir. 2011) (quoting Foltz v. State Farm 14 Mut. Auto. Ins. Co., 331 F.3d 1122, 1130 (9th Cir. 2003)). The court need not making a 15 finding of good cause before issuing a protective order when the parties stipulate to a 16 protective order, as the parties do here. See id. When there is a stipulated protective 17 order, the burden of proof remains with the party seeking protection (here, Hyatt). See id. 18 (citing Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1211 n.1 (9th Cir. 2002)). 19 The court analyzes a motion to retain confidentiality designations pursuant to a 20 stipulated protective order in two steps. First, the court “must determine whether 21 particularized harm will result from disclosure of information to the public.” In re Roman 22 Cath. Archbishop of Portland, 661 F.3d at 424. Second, “if the court concludes that such 23 harm will result from disclosure of the discovery documents, then it must proceed to 24 balance the public and private interests to decide whether maintaining a protective order 25 is necessary.” Id. Where both factors weigh in favor of protection, the court must also 26 consider whether redaction will allow disclosure. Id. at 425 (citing Foltz v. State Farm 27 Mut. Auto. Ins. Co., 331 F.3d 1122, 1136-37 (9th Cir. 2003)). In balancing the interests, 28 courts examine the following factors: “(1) whether disclosure will violate any privacy 1 interests; (2) whether the information is being sought for a legitimate purpose or for an 2 improper purpose; (3) whether disclosure of the information will cause a party 3 embarrassment; (4) whether confidentiality is being sought over information important to 4 public health and safety; (5) whether the sharing of information among litigants will 5 promote fairness and efficiency; (6) whether a party benefitting from the order of 6 confidentiality is a public entity or official; and (7) whether the case involves issues 7 important to the public.” See id. at 424, 424 n.5 (citing Glenmede Trust Co. v. 8 Thompson, 56 F.3d 476, 483 (3d Cir. 1995)). 9 B. Analysis 10 As the party opposing disclosure, Hyatt has the burden to establish good cause, 11 “which requires a showing ‘that specific prejudice or harm will result’ if the protective 12 order is not granted.” In re Roman Cath. Archbishop, 661 F.3d at 424 (quoting Foltz, 331 13 F.3d at 1130). Hyatt has failed to carry its burden because it does not make a showing of 14 specific prejudice or harm that will result if the designated portions do not maintain their 15 Confidential designation. Hyatt makes general statements of harm. The most detail 16 provided regarding the potential harm is included within three sentences of the Sabir 17 declaration, but even this is insufficient. See Sabir Decl. ¶ 7. This general description of 18 harm also appears to be the explanation for all the designations. In addition, Hyatt 19 primarily focuses on explaining why the designated portions of Sabir’s deposition fall 20 within the Stipulated Protective Order and that the designated portions are not public. 21 Hyatt does not address the two-step analysis required. 22 The Court briefly addresses Plaintiff’s argument that the designated information 23 has been publicly disclosed. See Pl. Supp. Br. at 4-5. The Court rejects this argument as 24 conclusory where Plaintiff fails to explain where and how this information was made 25 public, and it is not clear to which document Plaintiff is referring where the only citation is 26 “ECF No. 81:7.” The document at ECF No. 81 is Plaintiff’s opposition to Hyatt’s motion 27 for sanctions, and page 7 of ECF No. 81 discusses Plaintiff’s romantic relationship with a 28 third party (Morones). It also confusingly appears that Plaintiff is claiming that Plaintiff 1 | (not Hyatt) disclosed Confidential information that Hyatt asserts is subject to the 2 || Stipulated Protective Order, which if true, would be prohibited. 3 Finally, Plaintiff attempts to argue that Hyatt failed to follow the Stipulated 4 | Protective Order because it did not assert the designation on the record during the 5 || deposition as required by Section 5.2(b). See Pl. Supp. Opp. at 2. This argument fails. 6 | The Stipulated Protective Order includes an express provision for inadvertent failures to 7 || designate in Section 5.3, and it is undisputed that Hyatt notified Plaintiff the next day 8 | after the Sabir deposition of its inadvertent failure to designate on the record during the 9 | deposition. See Stip. Prot. Order § 5.3 (ECF No. 33). 10 It may very well be that some or all of the challenged designations truly warrant 11 | protection, but Hyatt has failed to carry its burden to establish good cause. The Court 12 | therefore DENIES WITHOUT PREJUDICE Hyatt’s motion to retain its confidentiality 13 | designations. If Hyatt renews its motion, it must do so pursuant to Local Rule 251 rather 14 || than through the informal discovery dispute resolution process. 15 | Ill. CONCLUSION 16 In conclusion, IT |S HEREBY ORDERED that Defendant Hyatt Corporation’s 17 | motion to retain its confidentiality designations (ECF Nos. 90, 94) is DENIED without 18 || prejudice. 19 20 | Dated: April 13, 2026 C i s \U a1 CHI SOO KIM 99 UNITED STATES MAGISTRATE JUDGE 23 || csk/jime3028.23_ret.confid 24 25 26 27 28