What is the burden of proving that a document is privileged?

It is a fundamental principle of discovery that the party asserting privilege bears the burden of proving the applicability of the privilege or protection to a given document. See Tornay v. United States, 840 F.2d 1424, 1426 (9th Cir. 1988); In re Grand Jury Investigation, 974 F.2d 1068, 1070 (9th Cir. 1992). By failing to provide a privilege log with specific and justifiable privilege claims, especially after having already received some direction from this court and entering a stipulated protective order, defendants have failed to satisfy that burden with respect to RFP No. 7.

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c. Notice of Motion