Judge: Colin Leis, Case: 21STCV28191, Date: 2023-11-20 Tentative Ruling

Case Number: 21STCV28191    Hearing Date: March 12, 2024    Dept: 74

Kevin Blackman v. Transdev Services, Inc., et al.

Defendants’ Motion to File Under Seal Documents Filed in Support of Plaintiff’s Opposition to Defendants’ Motion for Summary Judgment and Defendants’ Reply.

BACKGROUND 

            This action arises from an employment dispute.

            On July 30, 2021, Plaintiff Kevin Blackman (Plaintiff) filed a complaint against Transdev Services, Inc., Transdev North America, Inc., and Timothy Grensavitch (Defendants).

            On February 23, 2023, Defendants filed a motion for summary judgment.

            On May 1, 2023, Plaintiff filed his opposition to the motion for summary judgment.

            On November 17, 2023, Defendants filed their reply.

            On January 22, 2024, Defendants filed this motion to seal portions of documents filed with Plaintiff’s opposition and Defendants’ reply.

LEGAL STANDARD

            Unless confidentiality is required by law, court records are presumed to be open to the public. (Cal. Rules of Court, rule 2.550, subd. (c).) Consequently, pleadings, motions, evidence, and other papers may not be filed under seal merely by stipulation of the parties; rather, a prior court order is necessary. (Cal. Rules of Court, rule 2.551, subd. (a).)

            To grant such an order, the court must expressly find that . . . “an overriding interest exists that overcomes the right of public access to the record, an overriding interest supports sealing the records, a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed, the proposed sealing is narrowly tailored, and no less restrictive means exist to achieve the overriding interest.” (Cal. Rules of Court, rule 2.550, subd. (d).)

            If the court fails to make the required findings, the order is deficient and cannot support sealing. (Overstock.com, Inc. v. Goldman Sachs Group, Inc. (2014) 231 Cal.App.4th 471, 487.)

DISCUSSION 

Identities of Third-Party Employees

            In their motion, Defendants first seek to seal portions of documents that disclose the names of third-party employees. The court finds that a legitimate interest supports this sealing. As Defendants note, courts recognize a right to privacy in confidential personnel information. (El Dorado Savings & Loan Assn. v. Superior Court (1987) 190 Cal.App.3d 342, 346, disapproved on other grounds in Williams v. Superior Court (20170 3 Cal.5th 531.) This interest overrides that of the public in access to the names of the third-party employees. And it goes without saying that this interest will be compromised if the names remain unsealed and open to the public. Last, the court finds the sealing of the following documents sufficiently narrow tailored:

            Documents Lodged in Support of Plaintiff’s Opposition

                        Exhibit 1 – Excerpts from Plaintiff’s Deposition

                                    The names of third-party employees on the following portions of the                                       transcript: page 182, lines 23 and 25; page 183, line 1; page 186, lines 19,            

                                    20, 22.

                        Exhibit 4 – Excerpts from Richard Conell’s Deposition

                                    The names of third-party employees on the following portions of the                                       transcript: page 386, line 9; page 387, line 9; page 466, lines 17, 18, and                                     19; page 467, line 2; page 475, lines 10, 11, 15, and 17; page 476, lines 12,                                     13, 14, and 15.

                        Exhibit 11 – TRANSDEV 000458

                                    The names of third-party employees listed throughout the email.

                        Exhibit 12 – TRANSDEV 000504-505

                                    The names of third-party employees listed throughout the email.

                        Exhibit 13 – TRANSDEV 000575-577

                                    The names of third-party employees listed throughout the notice.

                        Exhibit 14 – TRANSDEV 000604-607

                                    The names of third-party employees listed throughout the notice.

                        Exhibit 15 – Excerpts from Charlene Nicholson’s Deposition

                                    The names of third-party employees on the following portions of the                                       transcript: page 17, line 11; page 18, lines 6 and 7; page 19, line 19; page                                                 38, line 12; page 40, line 11.

                        Exhibit 16 – Excerpts from Kristopher Chavira’s Deposition

                                    The names of third-party employees on the following portions of the                                       transcript: page 111, line 4; page 112, line 8.

                        Exhibit 17 – Excerpts from Shanna Charles’ Deposition

                                    The names of third-party employees on page 99, line 12.

                        Exhibit 20 – Excerpts from Darryl Lyons’ Deposition

                                    The names of third-party employees on page 131, lines 9, 12, 21, and 23.

                        Exhibit 24 – Excerpts from Vincent Verret’s Deposition

                                    The names of third-party employees on the following portions of the                                       transcript: page 204, lines 21, 24, and 25; page 205, lines 4, 5, 7, 12, 13,                                                 and 24; page 206, lines 4 and 10.

                        Exhibit 28 – TRANSDEV_JOINT000003-6

                                    The names of third-part employees listed throughout the email.

            Documents Lodged in Support of Defendants’ Reply

                        Defendants’ Response to Plaintiff Material Facts and Supporting Evidence

                                    The names of third-party employees listed in Plaintiff’s Additional                                                      Material Fact Nos. 100, 101, 102, 103, and 104.

                        Allison M. Scott’s Supplemental Declaration – Exhibit DD – Excerpts from                                     Charlene Nicholson’s Deposition

                                    The names of third-party employees listed throughout Exhibit 2.

Irrelevant Information About Third-Party Employees

            In addition, Defendants seek to seal private information about third-party employees that the parties do not rely on in their opposition and reply. To that end, Defendants note the third-party employees’ privacy interest in documents concerning their employment with Defendants. (El Dorado Savings & Loan Assn. v. Superior Court, supra, 190 Cal.App.3d at p. 246.) This interest overrides that of the public in access to the names of the third-party employees, especially since the parties do not rely on the information in their opposition and reply. And it goes without saying that this interest will be compromised if the names remain unsealed and open to the public. Last, the court finds the sealing of the following documents sufficiently narrow tailored:

            Documents Lodged in Support of Plaintiffs Opposition

                        Exhibit 1 – Excerpts from Plaintiff’s Deposition

                                    The names of third-party employees on page 90, line 12.

                        Exhibit 4 – Excerpts from Richard Conell’s Deposition

                                    The names of third-party employees on the following portions of the                                       transcript: page 370, lines 11, 13, 15, and 25; page 371, lines 11, 17, 18,                                                 and 25; page 373, lines 10, 12, and 25; page 386, lines 2 and 4; page 418,                                         lines 12, 15, 16, and 18; page 423, lines 19, 20, and 21; page 424, line 6;                                             page 429, lines 6 and 8; page 439, lines 3, 7, and 11; page 448, line 3;                                             page 477, lines 13, 14, 15, and 19; page 478, line 6.

                        Exhibit 5 – Excerpts from Michelle De Alba’s Deposition

                                    The names of third-party employees on page 190, lines 4, 8, and 19.

                        Exhibit 15 – Excerpts from Charlene Nicholson’s Deposition

                                    The names of third-party employees on the following portions of the                                       transcript: page 17, lines 3 and 8; page 19, lines 3, 6, and 16; page 20, line                                                 19; page 37, lines 7 and 11; page 88, lines 17, 19, and 24.

                        Exhibit 16 – Excerpts from Kristopher Chavira’s Deposition

                                    The names of third-party employees on the following portions of the                                       transcript: page 83, lines 14, 15, 18, 19, 20, 22, 23, 24, and 25; page 84,                                                 lines 1, 4, 6, 7, 9, 10, 13, 15, 20, and 22; page 85, lines 14, 15, 22, and 23;                                                page 86, lines 1, 6, 16, and 22; page 109, lines 4, 7, and 8; page 112, line                                     15; page 113, lines 2, 3, 18, 20, 23, and 24; page 125, lines 12 and 16.

                        Exhibit 20 – Excerpts from Darryl Lyons’ Deposition

                                    The names of third-party employees on page 198, lines 20 and 25.

                        Exhibit 21 – Excerpts from Jazmain Garcia’s Deposition

                                    The names of third-party employees on the following portions of the                                       transcript: page 99, line 14; page 100, line 3; page 111, lines 13, 14, and                                     19; page 113, lines 12 and 15; page 128, line 10; page 132, lines 17, 18,                                                 19, 20, and 23; page 133, lines 12 and 13.

                        Exhibit 24 – Excerpts from Vincent Verret’s Deposition

                                    The names of third-party employees on the following portions of the                                       transcript: page 146, lines 13, 14, 15, and 16; page 147, lines 1, 6, 7, and                                                 9; page 206, line 18; page 207, line 4.

            Documents Lodged in Support of Defendants’ Reply

                        Allison M. Scott’s Supplemental Declaration – Exhibit DD – Excerpts from                                     Charlene Nicholson’s Deposition

                                    The names of third-party employees on the following portions of the                                       transcript: page 36, lines 2 and 6; page 37, lines 7 and 11.

CONCLUSION 

The court grants Defendants’ motion to seal.

Defendants shall give notice.