The opinion
11 J. Scott Carr (SBN 136706)
scarr@kcozlaw.com
22 Abigail Stecker Romero (SBN 284534)
aromero@kcozlaw.com
33
KABAT CHAPMAN & OZMER LLP
44 333 S. Grand Ave, Suite 2225
Los Angeles, CA 90071
55 Telephone: (213) 493-3980
Facsimile: (404) 400-7333
66
Attorneys for Defendant HYATT CORPORATION d/b/a HYATT REGENCY SACRAMENTO
77
(erroneously sued as both “Hyatt Corporation” and “Hyatt Corporation d/b/a Hyatt Regency
88 Sacramento)
99 Galen T. Shimoda (SBN 226752)
attorney@shimodalaw.com
1100 Justin P. Rodriguez (SBN 278275)
jrodriguez@shimodalaw.com
1111 Shimoda Law Corp.
9401 E. Stockton Blvd., Suite 120,
1122
Elk Grove, CA 95624
1133 Telephone: (916) 525-0716
Facsimile: (916) 760-3733
1144
Attorneys for Plaintiff Janice Insixiengmay, individually and on behalf of all others similarly
1155 situated
1166 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
1177
1188 JANICE INSIXIENGMAY, individually and on No. 2:18-cv-02993 TLN DB
behalf of all others similarly situated,
1199
Plaintiff, STIPULATED PROTECTIVE ORDER; AND
2200 ORDER
vs.
2211
HYATT CORPORATION, a Delaware
2222
Corporation; HYATT CORPORATION DBA
2233 HYATT REGENCY SACRAMENTO, an
unknown association; and DOES 1 to 100,
2244 inclusive,
2255 Defendants.
2266
2277
2288
1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential, proprietary, or private
3 information for which special protection from public disclosure and from use for any purpose other
4 than prosecuting this litigation may be warranted. Accordingly, Plaintiff Janice Insixiengmay
5 (“Plaintiff”) and Defendant Hyatt Corporation (“Defendant”) (collectively, the “Parties”) hereby
6 stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties
7 acknowledge that this Protective Order does not confer blanket protections on all disclosures or
8 responses to discovery and that the protection it affords from public disclosure and use extends only
9 to the limited information or items that are entitled to confidential treatment under the applicable legal
10 principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Protective
11 Order does not entitle them to file confidential information under seal; Civil Local Rule 141 sets forth
12 the procedures that must be followed and the standards that will be applied when a party seeks
13 permission from the Court to file material under seal.
14 B. GOOD CAUSE STATEMENT
15 This action is likely to involve confidential employee information, trade secrets, and other
16 valuable information regarding internal, confidential, and proprietary practices and policies, for which
17 special protection from public disclosure and from use for any purpose other than prosecution of this
18 action is warranted. Such confidential and proprietary materials and information consist of, among
19 other things, personally identifying information regarding Defendant’s employees, private financial
20 compensation records, proprietary internal documents regarding Defendant’s employment and
21 business policies, practices, and strategies, and other information regarding confidential business
22 practices, or other confidential research, development, or commercial information (including
23 information implicating privacy rights of third parties), which are not otherwise generally available to
24 the public, or which may be competitively sensitive, privileged or otherwise protected from disclosure
25 under state or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite
26 the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery
27 materials, to adequately protect information the parties are entitled to keep confidential, to ensure that
28
1 conduct of trial, to address their handling at the end of the litigation, and serve the ends of justice, a
2 protective order for such information is justified in this matter as opposed to a private agreement
3 between or among the Parties. It is the intent of the parties that information will not be designated as
4 confidential for tactical reasons and that nothing be so designated without a good faith belief that it
5 has been maintained in a confidential, non-public manner, and there is good cause why it should not
6 be part of the public record of this case.
7 2. DEFINITIONS
8 2.1 Action: the above-entitled proceeding Case No. 2:18-cv-02993-TLN-DB.
9 2.2 Challenging Party: A Party or Non-Party that challenges the designation of information
10 or items under this Protective Order.
11 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of how it is
12 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of
13 Civil Procedure 26(c), and as specified above in the Good Cause Statement.
14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff).
15 2.5 Designating Party: a Party or Non-Party that designates information or items that it
16 produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
17 2.6 Disclosure or Discovery Material: all items or information, regardless of the medium
18 or manner in which it is generated, stored, or maintained (including, among other things, testimony,
19 transcripts, and tangible things), that are produced or generated in disclosures or responses to
20 discovery in this matter.
21 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the
22 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant
23 in this Action.
24 2.8 House Counsel: attorneys who are employees of a party to this Action. House Counsel
25 does not include Outside Counsel of Record or any other outside counsel.
26 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal
27 entity not named as a Party to this action.
28
1 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this Action
2 but are retained to represent or advise a party to this Action and have appeared in this Action on behalf
3 of that party or are affiliated with a law firm which has appeared on behalf of that party, and includes
4 support staff.
5 2.11 Party: any party to this Action, including all of its officers, directors, employees,
6 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
7 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material
8 in this Action.
9 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g.,
10 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing,
11 or retrieving data in any form or medium) and their employees and subcontractors.
12 2.14 Protected Material: any Disclosure or Discovery Material that is designated as
13 “CONFIDENTIAL.”
14 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a
15 Producing Party.
16 3. SCOPE
17 The protections conferred by this Protective Order cover not only Protected Material (as
18 defined above), but also (1) any information copied or extracted from Protected Material; (2) all
19 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
20 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
21 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This
22 Protective Order does not govern the use of Protected Material at trial.
23 4. DURATION
24 Even after final disposition of this litigation, the confidentiality obligations imposed by this
25 Protective Order shall remain in effect until a Designating Party agrees otherwise in writing or a court
26 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims
27 and defenses in this Action, with or without prejudice; and (2) final judgment herein after the
28
1 including the time limits for filing any motions or applications for extension of time pursuant to
2 applicable law.
3 5. DESIGNATING PROTECTED MATERIAL
4 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or
5 Non-Party that designates information or items for protection under this Protective Order must take
6 care to limit any such designation to specific material that qualifies under the appropriate standards.
7 The Designating Party must designate for protection only those parts of material, documents, items,
8 or oral or written communications that qualify so that other portions of the material, documents, items,
9 or communications for which protection is not warranted are not swept unjustifiably within the ambit
10 of this Protective Order.
11 If it comes to a Designating Party’s attention that information or items that it designated for
12 protection do not qualify for protection, that Designating Party must promptly notify all other Parties
13 that it is withdrawing the inapplicable designation.
14 5.2 Manner and Timing of Designations. Except as otherwise provided in this Protective
15 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
16 Disclosure or Discovery Material that qualifies for protection under this Protective Order must be
17 clearly so designated before the material is disclosed or produced.
18 Designation in conformity with this Order requires:
19 (a) for information in documentary form (e.g., paper or electronic documents, but
20 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
21 affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each
22 page that contains protected material. If only a portion or portions of the material on a page qualifies
23 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making
24 appropriate markings in the margins).
25 A Party or Non-Party that makes original documents available for inspection need not
26 designate them for protection until after the inspecting Party has indicated which documents it would
27 like copied and produced. During the inspection and before the designation, all of the material made
28
1 the documents it wants copied and produced, the Producing Party must determine which documents,
2 or portions thereof, qualify for protection under this Protective Order. Then, before producing the
3 specified documents, the Producing Party must affix the "CONFIDENTIAL legend" to each page that
4 contains Protected Material. If only a portion or portions of the material on a page qualifies for
5 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making
6 appropriate markings in the margins).
7 (b) for testimony given in depositions that the Designating Party identify the Disclosure or
8 Discovery Material on the record, before the close of the deposition, all protected testimony.
9 (c) for information produced in some form other than documentary and for any other
10 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or
11 containers in which the information is stored the legend "CONFIDENTIAL." If only a portion or
12 portions of the information warrants protection, the Producing Party, to the extent practicable, shall
13 identify the protected portion(s).
14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
15 designate qualified information or items does not, standing alone, waive the Designating Party’s right
16 to secure protection under this Protective Order for such material. Upon timely correction of a
17 designation, the Receiving Party must make reasonable efforts to assure that the material is treated in
18 accordance with the provisions of this Protective Order.
19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
21 confidentiality at any time that is consistent with this Protective Order.
22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process
23 under Local Rule 251.
24 6.3 The burden of persuasion in any such challenge proceeding shall be on the Designating
25 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
26 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.
27 Unless the Designating Party has waived or withdrawn the confidentiality designation, all parties shall
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1 continue to afford the material in question the level of protection to which it is entitled under the
2 Producing Party’s designation until the Court rules on the challenge.
3 7. ACCESS TO AND USE OF PROTECTED MATERIAL
4 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
5 produced by another Party or by a Non-Party in connection with this Action only for prosecuting,
6 defending, or attempting to settle this Action. Such Protected Material may be disclosed only to the
7 categories of persons and under the conditions described in this Protective Order. When the Action
8 has been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
9 DISPOSITION).
10 Protected Material must be stored and maintained by a Receiving Party at a location and in a
11 secure manner that ensures that access is limited to the persons authorized under this Protective Order.
12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by
13 the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any
14 information or item designated “CONFIDENTIAL” only to:
15 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees
16 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for
17 this Action;
18 (b) the officers, directors, and employees (including House Counsel) of the Receiving
19 Party to whom disclosure is reasonably necessary for this Action;
20 (c) experts (as defined in this Protective Order) to whom disclosure is reasonably necessary
21 for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
22 (d) the Court and its personnel;
23 (e) court reporters and their staff;
24 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to whom
25 disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and
26 Agreement to Be Bound” (Exhibit A);
27 (g) the author or recipient of a document containing the information or a custodian or other
28
1 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to whom
2 disclosure is reasonably necessary provided: (1) the deposing party requests that the witness sign the
3 "Acknowledgment and Agreement to Be Bound" (Exhibit A); and (2) the witness will not be permitted
4 to keep any confidential information unless they sign the "Acknowledgment and Agreement to Be
5 Bound" (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court. Pages
6 of transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be
7 separately bound by the court reporter and may not be disclosed to anyone except as permitted under
8 this Protective Order; and
9 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed
10 upon by any of the parties engaged in settlement discussions.
11 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
12 LITIGATION
13 If a Party is served with a subpoena or a court order issued in other litigation that compels
14 disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party
15 must:
16 (a) promptly notify in writing the Designating Party. Such notification shall include a copy
17 of the subpoena or court order;
18 (b) promptly notify in writing the party who caused the subpoena or order to issue in the
19 other litigation that some or all of the material covered by the subpoena or order is subject to this
20 Protective Order. Such notification shall include a copy of this Protective Order; and
21 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
22 Designating Party whose Protected Material may be affected.
23 If the Designating Party timely seeks a protective order, the Party served with the subpoena or
24 court order shall not produce any information designated in this action as “CONFIDENTIAL” before
25 a determination by the court from which the subpoena or order issued, unless the Party has obtained
26 the Designating Party’s permission. The Designating Party shall bear the burden and expense of
27 seeking protection in that court of its confidential material and nothing in these provisions should be
28
1 construed as authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive
2 from another court.
3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
4 LITIGATION
5 (a) The terms of this Protective Order are applicable to information produced by a Non-
6 Party in this Action and designated as “CONFIDENTIAL.” Such information produced by Non-
7 Parties in connection with this litigation is protected by the remedies and relief provided by this
8 Protective Order. Nothing in these provisions should be construed as prohibiting a Non-Party from
9 seeking additional protections.
10 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-
11 Party’s confidential information in its possession, and the Party is subject to an agreement with the
12 Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
13 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of
14 the information requested is subject to a confidentiality agreement with a Non-Party;
15 (2) promptly provide the Non-Party with a copy of the Protective Order in this Action, the
16 relevant discovery request(s), and a reasonably specific description of the information requested; and
17 (3) make the information requested available for inspection by the Non-Party, if requested.
18 (c) If the Non-Party fails to seek a protective order from this Court within 14 days of
19 receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s
20 confidential information responsive to the discovery request. If the Non-Party timely seeks a protective
21 order, the Receiving Party shall not produce any information in its possession or control that is subject
22 to the confidentiality agreement with the Non-Party before a determination by the court. Absent a
23 court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in
24 this Court of its Protected Material.
25
26 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
27 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
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1 Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
2 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)
3 inform the person or persons to whom unauthorized disclosures were made of all the terms of this
4 Protective Order, and (d) request such person or persons to execute the “Acknowledgment and
5 Agreement to Be Bound” attached hereto as Exhibit A.
6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
7 MATERIAL
8 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced
9 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties
10 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to
11 modify whatever procedure may be established in an e-discovery order that provides for production
12 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
13 parties reach an agreement on the effect of disclosure of a communication or information covered by
14 the attorney-client privilege or work product protection, the parties may incorporate their agreement
15 in the stipulated protective order submitted to the Court.
16 12. MISCELLANEOUS
17 12.1 Right to Further Relief. Nothing in this Protective Order abridges the right of any
18 person to seek its modification by the Court in the future.
19 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order,
20 no Party waives any right it otherwise would have to object to disclosing or producing any information
21 or item on any ground not addressed in this Protective Order. Similarly, no Party waives any right to
22 object on any ground to use in evidence of any of the material covered by this Protective Order.
23 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material
24 must comply with Civil Local Rule 141. Protected Material may only be filed under seal pursuant to
25 a court order authorizing the sealing of the specific Protected Material at issue. If a Party's request to
26 file Protected Material under seal is denied by the Court, then the Receiving Party may file the
27 information in the public record unless otherwise instructed by the Court.
28
1 After the final disposition of this Action, as defined in paragraph 4, within 60 days of a written
2 request by the Designating Party, each Receiving Party must return all Protected Material to the
3 Producing Party or destroy such material. As used in this subdivision, "all Protected Material" includes
4 all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of
5 the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party
6 must submit a written certification to the Producing Party (and, if not the same person or entity, to the
7 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all the
8 Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has not
9 retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing
10 any of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival
11 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
12 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant
13 and expert work product, even if such materials contain Protected Material. Any such archival copies
14 that contain or constitute Protected Material remain subject to this Protective Order as set forth in
15 Section 4 (DURATION).
16 14. Any violation of this Protective Order may be punished by any and all appropriate measures
17 including, without limitation, contempt proceedings and/or monetary sanctions.
18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
19
KABAT CHAPMAN & OZMER LLP
20
21 Dated: January 19, 2021 By: /s/ J. Scott Carr
J. Scott Carr
22 Abigail Stecker Romero
23 Attorneys for Defendant
24
25
SHIMODA LAW CORP.
26
Dated: January 19, 2021 By: /s/ Justin P. Rodríguez (as authorized on January
27 19, 2021)
Galen T. Shimoda
28
1 Brittany V. Berzin
2 Attorneys for Plaintiff
3
4 ORDER
5 Pursuant to the parties’ stipulation, IT IS SO ORDERED.
6 IT IS FURTHER ORDERED THAT:
7 1. Requests to seal documents shall be made by motion before the same judge who will decide
8 the matter related to that request to seal.
9 2. The designation of documents (including transcripts of testimony) as confidential pursuant
10 to this order does not automatically entitle the parties to file such a document with the court under
11 seal. Parties are advised that any request to seal documents in this district is governed by Local Rule
12 141. In brief, Local Rule 141 provides that documents may only be sealed by a written order of the
13 court after a specific request to seal has been made. L.R. 141(a). However, a mere request to seal is
14 not enough under the local rules. In particular, Local Rule 141(b) requires that “[t]he ‘Request to Seal
15 Documents’ shall set forth the statutory or other authority for sealing, the requested duration, the
16 identity, by name or category, of persons to be permitted access to the document, and all relevant
17 information.” L.R. 141(b).
18 3. A request to seal material must normally meet the high threshold of showing that
19 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially related”
20 to the merits of a case, the request to seal may be granted on a showing of “good cause.” Ctr. for Auto
21 Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana v. City and
22 County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006).
23 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of certain
24 documents, at any court hearing or trial – such determinations will only be made by the court at the
25 hearing or trial, or upon an appropriate motion.
26 5. With respect to motions regarding any disputes concerning this protective order which the
27 parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 251.
28
1 Absent a showing of good cause, the court will not hear discovery disputes on an ex parte basis or on
2 shortened time.
3 6. The parties may not modify the terms of this Protective Order without the court’s approval.
4 If the parties agree to a potential modification, they shall submit a stipulation and proposed order for
5 the court’s consideration.
6 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of
7 the terms of this Protective Order after the action is terminated.
8 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is
9 hereby DISAPPROVED.
10 DATED: January 19, 2021 /s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [print or type full name], of
4 [print or type full address], declare under penalty of perjury that I have read in its entirety and
5 understand, the Protective Order that was issued by the United States District Court for the Central
6 District of California in the case of Insixiengmay, et. al. v. Hyatt Corporation Communications, et al.,
7 No. 2:18-cv-02993-TLN-DB. I agree to comply with and to be bound by all the terms of this Protective
8 Order and I understand and acknowledge that failure to so comply could expose me to sanctions and
9 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any
10 information or item that is subject to this Protective Order to any person or entity except in strict
11 compliance with the provisions of this Protective Order.
12 I further agree to submit to the jurisdiction of the United States District Court for the Eastern
13 District of California for the purpose of enforcing the terms of this Protective Order, even if such
14 enforcement proceedings occur after termination of this action. I hereby appoint
15 ______________________ [print or type full name] of ________________________________ [print
16 or type full address and telephone number] as my California agent for service of process in connection
17 with this action or any proceedings related to enforcement of this Protective Order.
18 Date:
19 City and State where sworn and signed:
20
21 Printed name:____________________
22
23 Signature:_______________________
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