Jimenez v. Hyatt Corp.

• Court: District Court, E.D. California
• Decided: April 8, 2025
• Docket: 2:23-cv-03028
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 || FLOR JIMENEZ, et al., Case No. 2:23-cv-03028-TLN-CSK 12 Plaintiffs, ORDER GRANTING STIPULATED PROTECTIVE ORDER 13 V. (ECF No. 32) 14 || HYATT CORPORATION, et al., 15 Defendants. 16 17 The Court has reviewed the parties’ stipulated protective order below (ECF No. 18 || 32), and finds it comports with the relevant authorities and the Court’s Local Rule. See 19 || L.-R. 141.1. The Court APPROVES the protective order, subject to the following 90 || clarification. 21 The Court’s Local Rules indicate that once an action is closed, it “will not retain 92 || jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R. 23 141.1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584, at *2 94 || (E.D. Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain 25 || jurisdiction for disputes concerning protective orders after closure of the case). Thus, the 26 || Court will not retain jurisdiction over this protective order once the case is closed. 37 Dated: April 7, 2025 C (i s 4, jime3028.23 CHI SOO KIM 28 UNITED STATES MAGISTRATE JUDGE

1 Nathan D. Chapman (SBN 338735) 2 nchapman@kcozlaw.com Jonathan Marvisi (SBN 319170) 3 jmarvisi@kcozlaw.com 4 KABAT CHAPMAN & OZMER LLP 333 S. Grand Avenue, Suite 2225 5 Telephone: (404) 400-7300 6 Facsimile: (404) 400-7333

7 Attorneys for Defendant 8 Hyatt Corporation

9 [Additional counsel listed on next page] 10 UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12

13 FLOR JIMENEZ, individually and on Case No. 2:23-cv-03028-TLN-CSK

14 behalf of all others similarly situated, [PROPOSED] STIPULATED 15 Plaintiff, PROTECTIVE ORDER

16 vs. Compl. Filed: Dec. 28, 2023 17 HYATT CORPORATION, a 18 Delaware Corporation; and DOES 1 to 10, inclusive, 19 20 Defendant. 21 22 23 24 25 26 27 28 1 Thiago M. Coelho (SBN 324715) 2 thiago.coelho@wilshirelawfirm.com Lauren Lendzion (SBN 239184) 3 lauren.lendzion@wilshirelawfirm.com 4 Jennifer M. Leinbach (SBN 281404) jennifer.leinbach@wilshirelawfirm.com 5 Jesenia A. Martinez (SBN 316969) 6 jesenia.martinez@wilshirelawfirm.com Jesse S. Chen (SBN 336294) 7 jesse.chen@wilshirelawfirm.com 8 N. Nima Shamtoub (SBN 343853) nima.shamtoub@wilshirelawfirm.com 9 WILSHIRE LAW FIRM, PLC 10 3055 Wilshire Blvd., 12th Floor Los Angeles, California 90010 11 Telephone: (213) 381-9988 12 Facsimile: (213) 381-9989

13 Attorneys for Plaintiff 14 and Proposed Class 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 STIPULATED PROTECTIVE ORDER 2 Plaintiff Flor Jimenez and Defendant Hyatt Corporation agree to and submit 3 this Stipulated Protective Order ("Order") and respectfully request that the Court 4 approve and issue the Order. 5 1. PURPOSES AND LIMITATIONS 6 Disclosure and discovery activity in this action are likely to involve production 7 of confidential, proprietary, or private information for which special protection from 8 public disclosure and from use for any purpose other than prosecuting this litigation 9 may be warranted. Accordingly, the parties hereby stipulate to and petition the Court 10 to enter the following Order. The parties acknowledge that this Order does not confer 11 blanket protections on all disclosures or responses to discovery and that the 12 protection it affords from public disclosure and use extends only to the limited 13 information or items that are entitled to confidential treatment under the applicable 14 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 15 that this Order does not entitle them to file confidential information under seal; Civil 16 Local Rule 141 sets forth the procedures that must be followed and the standards that 17 will be applied when a party seeks permission from the court to file material under 18 seal. 19 This Protective Order is necessary to protect confidential records relating to 20 Plaintiff, the putative class members, and Defendant as described below in Section 2. 21 Due to potential third parties being involved that may gain access to Plaintiff’s 22 personal information, and/or Defendant’s proprietary business records through the 23 course of litigation, a protective order is necessary. The Parties request a protective 24 order as third parties that might be involved in this litigation would not be subject to 25 any private agreement between the Parties and the only means to prevent third parties 26 from unauthorized disclosure of private, confidential, and proprietary records is 27 through this Court issuing a protective order. 28 1 Accordingly, to expedite the flow of information, to facilitate the prompt 2 resolution of disputes over confidentiality of discovery materials, to adequately 3 protect information the Parties are entitled to keep confidential, to ensure that the 4 Parties are permitted reasonable necessary uses of such material in preparation for 5 and in the conduct of trial, to address their handling at the end of the litigation, and 6 serve the ends of justice, a protective order for such information is justified in this 7 matter. It is the intent of the Parties that information will not be designated as 8 confidential for tactical reasons and that nothing be so designated without a good faith 9 belief that it has been maintained in a confidential, non-public manner, and there is 10 good cause why it should not be part of the public record of this case. 11 2. DEFINITIONS 12 2.1 Challenging Party: a Party or Non-Party that challenges the designation 13 of information or items under this Order. 14 2.2 "CONFIDENTIAL" Information or Items: information (regardless of 15 how it is generated, stored or maintained) or tangible things that qualify for protection 16 under Federal Rule of Civil Procedure 26(c) and/or applicable federal privileges. The 17 Parties seek to protect confidential personal information relating to Plaintiff or the 18 putative class members, , and other records that contain personal information relating 19 to Plaintiff or the putative class members (e.g., Social Security numbers, home 20 addresses, telephone numbers, dates of birth, drivers’ licenses, and other private 21 identifiers). The Parties also seek to protect Defendant’s business and proprietary 22 records that are not readily known to the public. Specifically, this action is likely to 23 involve trade secrets related to records of website development, maintenance, 24 operation, and improvements, internet archives, system documentation, software, 25 engineering information, vendor information, information regarding business 26 relationships with third parties, and other valuable research, development, 27 commercial, financial, technical and/or proprietary information for which special 28 protection from public disclosure and from use for any purpose other than prosecution 1 of this action is warranted. Public disclosure of this confidential information could 2 cause significant harm to both parties: for Defendant, revealing proprietary methods 3 and technical implementations to competitors could result in competitive 4 disadvantage; for Plaintiff and putative class members, disclosure of sensitive 5 personal information could result in privacy violations and potential identity theft 6 risks. Both Parties have legitimate interests in ensuring such information remains 7 confidential during litigation. 8 2.3 Counsel (without qualifier): Outside Counsel of Record and House 9 Counsel (as well as their support staff). 10 2.4 Designating Party: a Party or Non-Party that designates information or 11 items that it produces in disclosures or in responses to discovery as 12 "CONFIDENTIAL." 13 2.5 Disclosure or Discovery Material: all items or information, regardless 14 of the medium or manner in which it is generated, stored, or maintained (including, 15 among other things, testimony, transcripts, and tangible things), that are produced or 16 generated in disclosures or responses to discovery. 17 2.6 Expert: a person with specialized knowledge or experience in a matter 18 pertinent to the litigation who has been retained by a Party or its Counsel to serve as 19 an Expert witness or as a consultant in this action. 20 2.7 House Counsel: attorneys who are employees of a Party to this action. 21 House Counsel does not include Outside Counsel of Record or any other outside 22 counsel. 23 2.8 Non-Party: any natural person, partnership, corporation, association, or 24 other legal entity not named as a Party to this action. 25 2.9 Outside Counsel of Record: attorneys who are not employees of a Party 26 to this action but are retained to represent or advise a Party to this action and have 27 appeared in this action on behalf of that Party or are affiliated with a law firm which 28 1 2.10 Party or Parties: any party to this action, including all of its officers, 2 directors, employees, consultants, retained Experts, and Outside Counsel of Record 3 (and their support staffs). 4 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 5 Discovery Material in this action. 6 2.12 Professional Vendors: persons or entities that provide litigation support 7 services (e.g., photocopying, videotaping, translating, preparing exhibits or 8 demonstrations, and organizing, storing, or retrieving data in any form or medium) 9 and their employees and subcontractors. 10 2.13 Protected Material: any Disclosure or Discovery Material that is 11 designated as "CONFIDENTIAL." 12 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material 13 from a Producing Party. 14 3. SCOPE 15 The protections conferred by this Stipulation and Order cover not only 16 Protected Material (as defined above), but also (1) any information copied or 17 extracted from Protected Material; (2) all copies, excerpts, summaries, or 18 compilations of Protected Material; and (3) any testimony, conversations, or 19 presentations by Parties or their Counsel that might reveal Protected Material. 20 However, the protections conferred by this Stipulation and Order do not cover the 21 following information: (a) any information that is in the public domain at the time of 22 disclosure to a Receiving Party or becomes part of the public domain after its 23 disclosure to a Receiving Party as a result of publication not involving a violation of 24 this Order, including becoming part of the public record through trial or otherwise; 25 and (b) any information known to the Receiving Party prior to the disclosure or 26 obtained by the Receiving Party after the disclosure from a source who obtained the 27 information lawfully and under no obligation of confidentiality to the Designating 28 1 Party. Any use of Protected Material at trial shall be governed by a separate agreement 2 or order. 3 4. DURATION 4 Even after final disposition of this litigation, the confidentiality obligations 5 imposed by this Order shall remain in effect until a Designating Party agrees 6 otherwise in writing or a court order otherwise directs. Final disposition shall be 7 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 8 or without prejudice; and (2) final judgment herein after the completion and 9 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 10 including the time limits for filing any motions or applications for extension of time 11 pursuant to applicable law. 12 5. DESIGNATING PROTECTED MATERIAL 13 5.1 Exercise of Restraint and Care in Designating Material for Protection. 14 Each Party or Non-Party that designates information or items for protection under this 15 Order must take care to limit any such designation to specific material that qualifies 16 under the appropriate standards. The Designating Party must designate for protection 17 only those parts of material, documents, items, or oral or written communications that 18 qualify — so that other portions of the material, documents, items, or communications 19 for which protection is not warranted are not swept unjustifiably within the ambit of 20 this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. Designations 22 that are shown to be clearly unjustified or that have been made for an improper 23 purpose (e.g., to unnecessarily encumber or delay the case development process or to 24 impose unnecessary expenses and burdens on other Parties) expose the Designating 25 Party to sanctions. 26 If it comes to a Designating Party's attention that information or items that it 27 designated for protection do not qualify for protection, that Designating Party must 28 1 5.2 Manner and Timing of Designations. Except as otherwise provided in 2 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 4 under this Order must be clearly so designated before the material is disclosed or 5 produced. 6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic 8 documents, but excluding transcripts of depositions or other pretrial or trial 9 proceedings), that the Producing Party affix the legend "CONFIDENTIAL" to each 10 page that contains Protected Material. If only a portion or portions of the material on a 11 page qualifies for protection, the Producing Party also must clearly identify the 12 protected portion(s) (e.g., by making appropriate markings in the margins). 13 A Party or Non-Party that makes original documents or materials available 14 for inspection need not designate them for protection until after the inspecting Party 15 has indicated which material it would like copied and produced. During the inspection 16 and before the designation, all of the material made available for inspection shall be 17 deemed "CONFIDENTIAL." After the inspecting Party has identified the material it 18 wants copied and produced, the Producing Party must determine which documents, or 19 portions thereof, qualify for protection under this Order. Then, before producing the 20 specified documents, the Producing Party must affix the "CONFIDENTIAL" legend 21 to each page that contains Protected Material. If only a portion or portions of the 22 material on a page qualifies for protection, the Producing Party also must identify the 23 protected portion(s) (e.g., by making appropriate markings in the margins). 24 (b) for testimony given in deposition or in other pretrial or trial 25 proceedings, that the Designating Party identify on the record, before the close of the 26 deposition, hearing, or other proceeding all protected testimony, unless otherwise 27 stipulated on the record. 28 1 (c) for information produced in some form other than documentary and 2 for any other tangible items, that the Producing Party affix in a prominent place on 3 the exterior of the container or containers in which the information or item is stored 4 the legend "CONFIDENTIAL." If only a portion or portions of the information or 5 item warrant protection, the Producing Party, to the extent practicable, shall identify 6 the protected portion(s). 7 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 8 failure to designate qualified information or items does not, standing alone, waive the 9 Designating Party's right to secure protection under this Order for such material. Upon 10 timely correction of a designation, the Receiving Party must make reasonable efforts 11 to ensure that the material is treated in accordance with the provisions of this Order. 12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 14 designation of confidentiality at any time. Unless a prompt challenge to a Designating 15 Party's confidentiality designation is necessary to avoid foreseeable, substantial 16 unfairness, unnecessary economic burdens, or a significant disruption or delay of the 17 litigation, a Party does not waive its right to challenge a confidentiality designation 18 by electing not to mount a challenge promptly after the original designation is 19 disclosed. 20 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 21 resolution process by providing written notice of each designation it is challenging and 22 describing the basis for each challenge. To avoid ambiguity as to whether a challenge 23 has been made, the written notice must recite that the challenge to confidentiality is 24 being made in accordance with this specific paragraph of the Protective Order. The 25 parties shall attempt to resolve each challenge in good faith and must begin the process 26 by conferring directly (in voice to voice dialogue; other forms of communication are 27 not sufficient) within 14 days of the date of service of notice. In conferring, the 28 1 designation was not proper and must give the Designating Party an opportunity to 2 review the designated material, to reconsider the circumstances, and, if no change in 3 designation is offered, to explain the basis for the chosen designation. A Challenging 4 Party may proceed to the next stage of the challenge process only if it has engaged in 5 this meet and confer process first or establishes that the Designating Party is unwilling 6 to participate in the meet and confer process in a timely manner. 7 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without 8 court intervention, the Designating Party shall file and serve a motion to maintain 9 confidentiality under Eastern District Local Rules 230 and 251 (and in compliance 10 with Eastern District Local Rules 141 and 141.1, if applicable) within 21 days of the 11 initial notice of challenge or within 14 days of the Parties agreeing that the meet and 12 confer process will not resolve their dispute, whichever is earlier. Each such motion 13 must be accompanied by a competent declaration affirming that the movant has 14 complied with the meet and confer requirements imposed in the preceding paragraph. 15 Failure by the Designating Party to make such a motion including the required 16 declaration within 21 days (or 14 days, if applicable) shall automatically waive the 17 confidentiality designation for each challenged designation. In addition, the 18 Challenging Party may file a motion challenging a confidentiality designation at any 19 time if there is good cause for doing so, including a challenge to the designation of a 20 deposition transcript or any portions thereof. Any motion brought pursuant to this 21 provision must be accompanied by a competent declaration affirming that the movant 22 has complied with the meet and confer requirements imposed by the preceding 23 paragraph. 24 The burden of persuasion in any such challenge proceeding shall be on the 25 Designating Party. Frivolous challenges, and those made for an improper purpose 26 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 27 expose the Challenging Party to sanctions. Unless the Designating Party has waived 28 1 described above, all Parties shall continue to afford the material in question the level 2 of protection to which it is entitled under the Designating Party's designation until the 3 Court rules on the challenge. 4 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that is 6 disclosed or produced by another Party or by a Non-Party in connection with this case 7 only for prosecuting, defending, or attempting to settle this litigation. Such Protected 8 Material may be disclosed only to the categories of persons and under the conditions 9 described in this Order. When the litigation has been terminated, a Receiving Party 10 must comply with the provisions of section 13 below (FINAL DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a location 12 and in a secure manner that ensures that access is limited to the persons authorized 13 under this Order. 14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 15 otherwise ordered by the court or permitted in writing by the Designating Party, a 16 Receiving Party may disclose any information or item designated 17 "CONFIDENTIAL" only to: 18 (a) the Receiving Party's Outside Counsel of Record in this action, as well as 19 employees of said Outside Counsel of Record to whom it is reasonably necessary to 20 disclose the information for this litigation and who have signed the “Acknowledgment 21 and Agreement to Be Bound” that is attached hereto as Exhibit A; 22 (b) the officers, directors, and employees (including House Counsel) of the 23 Receiving Party to whom disclosure is reasonably necessary for this litigation and 24 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (c) Experts (as defined in this Order) to whom disclosure is reasonably 26 necessary for this litigation and who have signed the “Acknowledgment and 27 Agreement to Be Bound” (Exhibit A); 28 1 (e) court reporters and their staff, professional jury or trial consultants, mock 2 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 3 litigation and who have signed the "Acknowledgment and Agreement to Be Bound" 4 (Exhibit A); 5 (f) during their depositions, witnesses in the action to whom disclosure is 6 reasonably necessary and who have signed the "Acknowledgment and Agreement to 7 Be Bound" (Exhibit A), unless otherwise agreed by the Designating Party or ordered 8 by the Court. Pages of transcribed deposition testimony or exhibits to depositions that 9 reveal Protected Material must be separately bound by the court reporter and may not 10 be disclosed to anyone except as permitted under this Order. 11 (g) the author or recipient of a document containing the information or a 12 custodian or other person who otherwise possessed or knew the information. 13 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 14 PRODUCED IN OTHER LITIGATION 15 If a Party is served with a subpoena or a court order issued in other litigation 16 that compels disclosure of any information or items designated in this action as 17 "CONFIDENTIAL," that Party must: 18 (a) promptly notify in writing the Designating Party. Such notification shall 19 include a copy of the subpoena or court order; 20 (b) promptly notify in writing the Party who caused the subpoena or order to 21 issue in the other litigation that some or all of the material covered by the subpoena 22 or order is subject to this Order. Such notification shall include a copy of this Order; 23 and 24 (c) cooperate with respect to all reasonable procedures sought to be pursued 25 by the Designating Party whose Protected Material may be affected. 26 If the Designating Party timely seeks a protective order, the Party served with 27 the subpoena or order shall not produce any information designated in this action as 28 1 subpoena or order issued, unless the Party has obtained the Designating Party's 2 permission. The Designating Party shall bear the burden and expense of seeking 3 protection in that court or arbitration of its Confidential material — and nothing in these 4 provisions should be construed as authorizing or encouraging a Receiving Party in this 5 action to disobey a lawful directive from another court. 6 9. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE 7 PRODUCED IN THIS LITIGATION 8 (a) The terms of this Order are applicable to information produced by a Non- 9 Party in this action and designated as “CONFIDENTIAL.” Such information 10 produced by Non-Parties in connection with this litigation is protected by the 11 remedies and relief provided by this Order. Nothing in these provisions should be 12 construed as prohibiting a Non-Party from seeking additional protections. 13 (b) In the event that a Party is required, by a valid discovery request, to 14 produce a Non-Party's Confidential Information in its possession, and the Party is 15 subject to an agreement with the Non-Party not to produce the Non-Party's 16 Confidential Information, then the Party shall: 17 (1) promptly notify in writing the Requesting Party and the Non-Party 18 that some or all of the information requested is subject to a confidentiality agreement 19 with a Non-Party; 20 (2) promptly provide the Non-Party with a copy of the Order in this 21 litigation, the relevant discovery request(s), and a reasonably specific description of 22 the information requested; and 23 (3) make the information requested available for inspection by the 24 Non-Party. 25 (c) If the Non-Party fails to object or seek a protective order from this Court 26 within 14 days of receiving the notice and accompanying information, the Receiving 27 Party may produce the Non-Party's Confidential Information responsive to the 28 1 shall not produce any information in its possession or control that is subject to the 2 confidentiality agreement with the Non-Party before a determination by the Court. 3 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 4 of seeking protection in this court of its Protected Material. 5 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 7 Protected Material to any person or in any circumstance not authorized under this 8 Order, the Receiving Party must immediately (a) notify in writing the Designating Party 9 of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized 10 copies of the Protected Material, (c) inform the person or persons to whom 11 unauthorized disclosures were made of all the terms of this Order, and (d) request 12 such person or persons to execute the “Acknowledgment and Agreement to Be 13 Bound” that is attached hereto as Exhibit A. 14 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 15 PROTECTED MATERIAL 16 When a Producing Party gives notice to Receiving Parties that certain 17 inadvertently produced material is subject to a claim of privilege or other protection, 18 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 19 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 20 may be established in an e-discovery order that provides for production without prior 21 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 22 Parties reach an agreement on the effect of disclosure of a communication or 23 information covered by the attorney-client privilege or work product protection, the 24 Parties may incorporate their agreement in the Order submitted to the court. 25 12. MISCELLANEOUS 26 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 27 person to seek its modification by the Court in the future. 28 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this Order 2 no Party waives any right it otherwise would have to object to disclosing or producing 3 any information or item on any ground not addressed in this Order. Similarly, no Party 4 waives any right to object on any ground to use in evidence of any of the material 5 covered by this Order. 6 12.3 Filing Protected Material. Without written permission from the 7 Designating Party or a court order secured after appropriate notice to all interested 8 persons, a Party may not file in the public record in this action any Protected Material. 9 A Party that seeks to file under seal any Protected Material must comply with Civil 10 Local Rule 141. Protected Material may only be filed under seal pursuant to a court 11 order authorizing the sealing of the specific Protected Material at issue. Pursuant to 12 Civil Local Rule 141, a sealing order will issue only upon a request establishing that 13 the Protected Material at issue is privileged, protectable as a trade secret, or otherwise 14 entitled to protection under the law. If a Receiving Party's request to file Protected 15 Material under seal pursuant to Civil Local Rule 141 is denied by the court, then the 16 Receiving Party may file the information in the public record unless otherwise 17 instructed by the court. 18 13. FINAL DISPOSITION 19 Within 60 days after the final disposition of this action, as defined in paragraph 20 4, each Receiving Party must return all Protected Material to the Producing Party or 21 destroy such material. As used in this subdivision, "all Protected Material" includes all 22 copies, abstracts, compilations, summaries, and any other format reproducing or 23 capturing any of the Protected Material. Whether the Protected Material is returned or 24 destroyed, the Receiving Party must submit a written certification to the Producing 25 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 26 deadline that (1) identifies (by category, where appropriate) all the Protected Material 27 that was returned or destroyed and (2) affirms that the Receiving Party has not retained 28 any copies, abstracts, compilations, summaries or any other format reproducing or 1 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 2 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and 3 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 4 Expert reports, attorney work product, and consultant and Expert work product, even 5 if such materials contain Protected Material. Any such archival copies that contain or 6 constitute Protected Material remain subject to this Order as set forth in Section 4 7 (DURATION). 8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 9 10 Dated: April 7, 2025 KABAT CHAPMAN & OZMER LLP 11 By: /s/ Nathan D. Chapman 12 Nathan D. Chapman 13 Jonathan D. Marvisi

14 Attorneys for Defendant 15 Hyatt Corporation

16 WILSHIRE LAW FIRM, PLC

18 By: __/s/ Lauren Lendzion_ Thiago M. Coelho 19 Lauren Lendzion 20 Jennifer M. Leinbach Jesenia A. Martinez 21 Jesse S. Chen 22 N. Nima Shamtoub 23 Attorneys for Plaintiff 24 and the Proposed Class 25

26 27 28 1 SIGNATURE CERTIFICATION 2 I hereby attest that all other signatories listed, and on whose behalf this filing 3 is submitted, concur in the filing's content and have authorized the filing. I have 4 obtained authorization to affix their signatures to this document. 5 By: /s/ Nathan D. Chapman 6 Nathan D. Chapman

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 ________________________ [print or type full name], of __________ 4 [print or type full address], declare under penalty of perjury that I have read in its 5 entirety and understand the Stipulated Protective Order (“Order”) that was issued by 6 the United States District Court for the Eastern District of California on [date] in the 7 case of Jimenez v. Hyatt Corporation, LLC; Case No. 2:23-cv-03028-TLN-CSK. I 8 agree that I will be bound by the provisions of the Order with respect to any 9 Confidential Information provided to me under the terms thereof. I agree that if I 10 receive any Confidential Information, I will not make any copies thereof nor disclose 11 such Confidential Information except as permitted by the Order. I will maintain all 12 such Confidential Information in a secure manner to prevent unauthorized access to 13 it. Upon request of Counsel after the conclusion of this action, I will return the 14 Confidential Information, including copies, notes or other transcriptions made 15 therefrom, to the Counsel who provided me with the Confidential Information. I 16 further understand that if I fail to comply with the Order, I may be subject to sanctions 17 by the Court. 18 I further agree to submit to the jurisdiction of the United States District Court 19 for the Eastern District of California for the purpose of enforcing the terms of this 20 Order, even if such enforcement proceedings occur after termination of this action. 21 I hereby appoint __________________________ [print or type full name] of 22 ___________________________[print or type full address and telephone number] 23 as my California agent for service of process in connection with this action or any 24 proceedings related to enforcement of this Order. 25 Date: ____________________________ 26 City and State where sworn and signed: ___________________________ 27 Printed name: ____________________________ 28 Signature: ________________________________