Celey v. Hilton Hotels Corporation, et al

Filing 20

STIPULATED CONFIDENTIALITY AGREEMENT and PROTECTIVE ORDER re 19 Stipulation. Signed by Magistrate Judge Carl W. Hoffman on 4/20/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02281-JCM-CWH Document 19 Filed 04/19/17 Page 1 of 7

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MARK J. BOURASSA, ESQ.
Nevada Bar No. 7999
TRENT L. RICHARDS, ESQ.
Nevada Bar No. 11448
THE BOURASSA LAW GROUP
7575 Vegas Drive, Suite 150
Las Vegas, Nevada 89128
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA

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FLOYD CELEY,

Case No.: 2:16-cv-02281-JCM-CWH
Plaintiff,

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vs.

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HILTON HOTELS CORPORATION N/K/A
HILTON WORLDWIDE, INC. – U.S. APPEALS
COMMITTEE,
HILTON
HOTELS
RETIREMENT BENEFIT REPLACEMENT
PLAN, AND HILTON SUPPLEMENTAL
EXECUTIVE RETIREMENT PLAN,

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STIPULATED CONFIDENTIALITY
AGREEMENT AND PROTECTIVE
ORDER

Defendants.

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Plaintiff

FLOYD

CELEY

(“Plaintiff”)

and

Defendants

HILTON

HOTELS

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CORPORATION N/K/A HILTON WORLDWIDE, INC. 1 – U.S. APPEALS COMMITTEE,
HILTON HOTELS RETIREMENT BENEFIT REPLACEMENT PLAN, AND HILTON

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SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN, (“Defendants”) (together, the

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“Parties”), by and through their respective counsel, have stipulated to the terms of this

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Confidentiality Agreement and Protective Order.

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For purposes of this litigation, Hilton Domestic Operating Company Inc. is the successor in
interest to Hilton Worldwide, Inc. f/k/a Hilton Hotels Corporation. This change resulted from a
corporate transaction which occurred in January 2017.
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Case 2:16-cv-02281-JCM-CWH Document 19 Filed 04/19/17 Page 2 of 7

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This Confidentiality Agreement and Protective Order is designed to preserve the

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confidentiality of information contained in documents produced pursuant to the terms of this

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Protective Order and certain testimony given by witnesses in this case.

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To expedite the flow of discovery material, facilitate the prompt resolution of disputes over
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confidentiality, and adequately protect material entitled to be kept confidential, it is, by agreement

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of the Parties and pursuant to the Court’s authority under the Federal Rules of Civil Procedure,

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STIPULATED and ORDERED that:

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TERMS OF CONFIDENTIALITY AGREEMENT
The Parties hereby stipulate and agree that the production of documents in the aboveentitled action, while not necessarily confidential between the Parties to this litigation, are

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confidential as to any other party not part of this litigation. The Parties therefore agree to produce
documents in their “raw form” to each other, that being unredacted documents as to an individual's

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social-security number, taxpayer-identification number, or birth date, the name of an individual

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known to be a minor, or a financial-account number.

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The Parties further stipulate and agree that each Party will take all steps necessary to
appropriately protect and redact any sensitive information in accordance with Fed.R.Civ.P. 5.2 and

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Local Rule LR IC 6-1 prior to disseminating the documents, filing the documents with the Court,
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or utilizing the documents in this litigation.

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The Party utilizing any document produced in this litigation must refrain from including—

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or must partially redact, where inclusion is necessary—the following personal-data identifiers from

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all documents filed with the court, including exhibits, whether filed electronically or in paper,

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unless the court orders otherwise:

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(1)

Social Security Numbers. If an individual’s Social Security number must be

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included, only the last four digits of that number should be used.
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Case 2:16-cv-02281-JCM-CWH Document 19 Filed 04/19/17 Page 3 of 7

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(2)

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Names of Minor Children. If the involvement of a minor child must be mentioned,
only the initials of that child should be used.

(3)

Dates of Birth. If an individual’s date of birth must be included, only the year should

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be used.
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(4)

the last four digits of these numbers should be used.

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(5)

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Financial Account Numbers. If financial account numbers must be included, only

Home Addresses. If a home address must be included, only the city and state should
be listed.

(6)

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Tax Identification Number. If a tax identification number must be used, only the
last four digits of that number should be used.

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A Party making a redacted filing also may file an unredacted copy under seal. The
document must contain the following heading in the document: “SEALED DOCUMENT UNDER

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FED. R. CIV. P. 5.2” or “SEALED DOCUMENT UNDER FED. R. CRIM. P. 49.1,” as

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appropriate. This document must be retained by the court as part of the record until further court

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order. But the court may still require the party to file a redacted copy for the public record.

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TERMS OF PROTECTIVE ORDER

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Documents and testimony and other information may be deemed to be “CONFIDENTIAL”
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as set forth below and shall be so designated in accordance with this Protective Order.
1.

This Protective Order shall apply to all documents, materials, and information,

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including, without limitation, documents produced, answers to interrogatories, responses to

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requests for admission, deposition testimony, and other information disclosed or produced

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pursuant to the disclosure or discovery duties created by Federal Rules of Civil Procedure.

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2.

As used in this Protective Order, “document” is defined as provided in Fed. R. Civ.

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Proc. 34(a). A draft or non-identical copy is a separate document within the meaning of this term.
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Case 2:16-cv-02281-JCM-CWH Document 19 Filed 04/19/17 Page 4 of 7

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3.

Information designated “CONFIDENTIAL” shall be information that is

confidential and implicates the privacy interests of Plaintiffs, Defendant, or third parties to this
litigation and/or information contained in confidential business records, personnel records,

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documents, materials and communications. CONFIDENTIAL information shall not be disclosed
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or used for any purpose except in the preparation and trial of this case.
4.

CONFIDENTIAL

documents,

materials,

testimony

and/or

information

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(collectively “CONFIDENTIAL information”) shall not, without the consent of the party

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producing it or further Order of the Court, be disclosed except that such information may be

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disclosed to:

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a.
b.

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c.
d.

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e.
f.

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g.
h.

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attorneys who are actively working on this case;
persons regularly employed or associated with the attorneys actively
working on the case whose assistance is required by said attorneys in the
preparation for trial, at trial, or other proceedings;
the Parties, including their agents, lawyers, and legal professionals;
expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for preparation, trial
or other proceedings;
the Court in this case and its employees (“Court Personnel”);
stenographic reporters and videographers who are engaged in proceedings
necessarily incident to the conduct of this case;
deponents; and
other persons by written agreement of the Parties.

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5.

Prior to disclosing any CONFIDENTIAL information to any person listed above

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(other than counsel, persons employed by counsel, lawyers and legal professionals employed by

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the Parties, Court Personnel, videographers and stenographic reporters), the Parties shall provide

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such person with a copy of this Protective Order and obtain from such person a written

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acknowledgment stating that he or she has read this Protective Order and agrees to be bound by its

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provisions. Such written acknowledgment shall be in the form as provided in Exhibit A to this

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Stipulated Protective Order, attached hereto and incorporated herein. All such acknowledgments

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shall be retained by counsel and shall be subject to in camera review by the Court if good cause
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Case 2:16-cv-02281-JCM-CWH Document 19 Filed 04/19/17 Page 5 of 7

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for review is demonstrated by opposing counsel.

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6.

Documents are designated as CONFIDENTIAL by placing or affixing on them (in

a manner that will not interfere with their legibility) the term “CONFIDENTIAL,” or by

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designating them as “CONFIDENTIAL” in correspondence from counsel to the party producing
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documents. Defendant may designate documents produced by Plaintiff as CONFIDENTIAL if
they are documents that were originally produced or created as records of Defendant.
7.

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Whenever a deposition involves the disclosure of CONFIDENTIAL information,

the deposition or portions thereof shall be designated as CONFIDENTIAL and shall be subject to
the provisions of this Protective Order. Such designation shall be made on the record during the
deposition whenever possible, but a party may designate portions of depositions as

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CONFIDENTIAL after transcription, provided written notice of the designation is promptly given
to all counsel of record within thirty (30) days after notice by the stenographic reporter of the
completion of the transcript.

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8.

A party may object to the designation of particular CONFIDENTIAL information

by giving written notice to the party designating the disputed information within ten (10) business
days after being notified of the designation. The written notice shall identify the information to

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which the objection is made and the specific basis for such objection. If the parties cannot resolve
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the objection within ten (10) business days after the time the notice is received, it shall be the

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obligation of the party challenging the designation to file an appropriate motion requesting that the

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Court determine whether the disputed information should be subject to the terms of this Protective

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Order.

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CONFIDENTIAL under the terms of this Protective Order until the Court rules on the motion In

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If such a motion is timely filed, the disputed information shall be treated as

connection with a motion filed under this provision, the party designating the information as

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CONFIDENTIAL shall bear the burden of establishing that good cause exists for the disputed
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Case 2:16-cv-02281-JCM-CWH Document 19 Filed 04/19/17 Page 6 of 7

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information to be treated as CONFIDENTIAL.

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Any pleadings, motions or other documents, or portions thereof, containing

CONFIDENTIAL information that are filed with the Court, as well as any exhibits containing

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CONFIDENTIAL information that are attached to any pleadings, motions or other documents that
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are filed with the Court, shall be labeled “CONFIDENTIAL” and filed under seal in accordance
with District of Nevada Local Rule 10-5.
10.

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At the conclusion of this case, unless other arrangements are agreed upon, each

document and all copies thereof which have been designated as CONFIDENTIAL shall be returned
to the party that designated it CONFIDENTIAL within forty-five (45) days of conclusion of the
action, or the parties may elect to destroy CONFIDENTIAL documents. Where the Parties agree

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to destroy CONFIDENTIAL documents, the destroying party shall provide all Parties with an
affidavit confirming the destruction within forty-five (45) days after conclusion of the action.
11.

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This Protective Order may be modified by the Court at any time for good cause

shown following notice to all parties and an opportunity for them to be heard.
DATED this 19th day of April 2017.

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DATED this 19th day of April 2017.

THE BOURASSA LAW GROUP

ALSTON & BIRD LLP

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By:

/s/ Mark J. Bourassa, Esq.
MARK J. BOURASSA, ESQ.
Nevada Bar No. 7999
TRENT L. RICHARDS, ESQ.
Nevada Bar No. 11448
7575 Vegas Drive, Suite 150
Las Vegas, Nevada 89128
Attorneys for Plaintiff

By:

/s/ Patrick C. Dicarlo, Esq.
PATRICK C. DICARLO, ESQ.
Admitted Pro Hac Vice
1201 W Peachtree St
Atlanta GA 30309
Attorneys for Defendants

BY THE ORDERED.
IT IS SOCOURT:
DATED: April 20, 2017
________________________________
United States Magistrate Judge
Case No.: 2:16-cv-02281-JCM-CWH
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Case 2:16-cv-02281-JCM-CWH Document 19 Filed 04/19/17 Page 7 of 7

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EXHIBIT A:

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WRITTEN ACKNOWLEDGEMENT TO STIPULATED PROTECTIVE ORDER

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The undersigned hereby acknowledges that he/she has carefully and completely read the

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Stipulated Protective Order in the pending litigation between Plaintiff FLOYD CELEY and
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Defendant HILTON HOTELS CORPORATION N/K/A HILTON WORLDWIDE, INC. – U.S.

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APPEALS COMMITTEE, HILTON HOTELS RETIREMENT BENEFIT REPLACEMENT

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PLAN, AND HILTON SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN; that he/she is

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one of the persons contemplated in Paragraph 4 of the Stipulated Protective Order; and that he/she

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fully understands and agrees to abide by the obligations and confidences set forth in the Stipulated
Protective Order. The undersigned consents to the jurisdiction of the United States District Court

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for the District of Nevada for purposes of enforcing this Stipulated Protective Order.
Date: ________________________

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____________________________________
Signature

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____________________________________
Title or Position
____________________________________
Printed Name
____________________________________
Telephone Number

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