Judge: Colin Leis, Case: 21STCV29882, Date: 2023-12-04 Tentative Ruling

Case Number: 21STCV29882    Hearing Date: February 28, 2024    Dept: 74

Darryl Lyons 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 August 12, 2021, Plaintiff Darryl Lyons (Plaintiff) filed a complaint against Transdev Services, Inc., Transdev North America, Inc., and Timothy Grensavitch (Defendants).

            On March 30, 2023, Defendants filed a motion for summary judgment.

            On December 19, 2023, Plaintiff filed his opposition to the motion for summary judgment.

            On January 3, 2024, 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. Moreover, 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 by Plaintiff in Support of his Opposition: Exhibits from David    L. Russell Declaration.

                        Exihibt 1 – Excerpts from Plaintiff’s Deposition

                                    Third-party employee names on page 131, lines 9, 12, 21, and 23.

                        Exhibit 4 – Excerpts from Richard Conell’s Deposition

                                    Third-party employee names on page 386, line 9.

                        Exhibit 6 – Excerpts from Kristopher Chavira’s Deposition

                                    Third-party employee names on the following portions of the transcript:                                         page 96, lines 15 and 16; page 111, line 4; page 112, line 8.

                        Exhibit 7 – Excerpts from Shanna Charles’ Deposition

                                    Third-party employee names on page 99, lines 12.

                        Exhibit 13 – Excerpts from Vincent Verret’s Deposition

                                    Third-party employee names 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 14 – Excerpts from Kevin Blackman’s Deposition

                                    Third-party employee names on page 204, line 8.

                        Exhibit 20 – Excerpts from Charlene Nicholson’s Deposition

                                    Third-party employee names 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 22 – Excerpts from Kevin Blackman’s Deposition

                                    Third-party employee names on the following portions of the transcript:                                         page 182, lines 23 and 25; page 183, line 1; page 185, line 8.

                        Exhibit 28 – Transdev 000458

                                    Third-party employee names listed throughout the email.

                        Exhibit 29 – Transdev 00504-505

                                    Third-party employee names listed throughout the email.

                        Exhibit 30 – Transdev 000575-577

                                    Third-party employee names listed in the notice.

                        Exhibit 31 – Transdev 000604-607

                                    Third-party employee names listed in the notice.

                        Exhibit 33 – Transdev_JOINT000003-6

                                    Third-party employee names listed throughout the email.

                        Plaintiff’s Separate Statement

                                    Third-party employee names listed in PAMF Nos. 96, 97, 98, 99, and 100.

            Documents Lodged by Defendants in Support of their Reply: Exhibits from Allison M. Scott Supplemental Declaration

                        Exhibit X – Richard Conell’s Responses to Special Interrogatories, Set Two

                                    Third-party employee names on the following portions of the transcript:                                         page 6, lines 11, 12, 13, 14, 15, 16, and 17; page 9, lines 1, 3, 25, 26, and                                       27; page 10, lines 2, 3, 27, and 28.

                        Exhibit Y – Richard Conell’s Responses to Employment Form                                                  Interrogatories, Set One

                                    Third-party employee names on the following portions of the transcript:                                         page 9, line 27; page 10, lines 1, 23, 24, 25, and 28; page 11, line 1.

                        Exhibit BB – Excerpts from Kevin Blackman’s Deposition

                                    Third-party employee names on page 155, lines 10 and 24.

                        Exhibit FF – Excerpts from Darryl Lyons’ Deposition

                                    Third-party employee names on page 422, line 1.

            Defendants’ Response to Plaintiff’s Material Fact and Supporting Evidence

                        Third-party employee names in PAMF Nos. 96, 97, 98, 99, and 100.

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. Moreover, 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 by Plaintiff in Support of His Opposition: Exhibits from David   Russell Declaration.

                        Exhibit 1 – Excerpts from Plaintiff’s Deposition

                                    Third-party employee names on the following portions of the transcript:                                         page 132, line 22; page 198, lines 20 and 25.

                        Exhibit 4 – Excerpts from Richard Conell’s Deposition

                                    Third-party employee names 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 428, line                               21; page 439, lines 3, 7, and 11; page 477, lines 13, 14, 15, and 19; page                                                478, line 6.

                        Exhibit 6 – Excerpts from Kristopher Chavira’s Deposition

                                    Third-Party employee names on the following portions of the transcript:                                         page 83, lines 14, 15, 18, 19, 20, 22, 23, 24, 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 95, lines 9, 10, 12, 13, 14, and 17; page 96, lines 20                                        and 23; page 97, lines 13, 14, 15, and 17; 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 7 – Excerpts from Shanna Charles’ Deposition

                                    Third-party employee names on page 102, line 17.

                        Exhibit 8 – Excerpts from Jazmain Garcia’s Deposition

                                    Third-party employee names on the following portions of the transcript:                                         page 93, lines 1, 2, 3, 6, 13, and 25; page 99, line 14; page 100, line 3;                                            page 111, line 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 9 – Excerpts from Jazmain Mejia’s Statement Under Oath

                                    Third-part employee names on page 12, line 13.

                        Exhibit 10 – Excerpts from Transdev’s PMQ Deposition

                                    Third-party employee names on the following portions of the transcript:                                         page 97, line 21; page 98, lines 5, 9, and 13.

                        Exhibit 13 – Excerpts from Vincent Verret’s Deposition

                                    Third-Party employee names 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.

                        Exhibit 14 – Excerpts from Kevin Blackman’s Deposition

                                    Third-party employee names on page 242, line 2.

                        Exhibit 19 – Excerpts from Kathleen Riley’s Deposition

                                    Third-party employee names on page 79, lines 2 and 9.

                        Exhibit 20 – Excerpts from Charlene Nicholson’s Deposition

                                    Third-party employee names 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.

            Documents Lodged by Defendants in Support of their Reply: Allison M. Scott’s                     Supplemental Declaration.

                        Exhibit FF – Excerpts from Darryl Lyons’ Deposition

                                    Third-party employee names on page 421, line 2.

CONCLUSION 

Based on the foregoing, the court grants Defendants’ motion to seal.