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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
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`v.
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`RAI STRATEGIC HOLDINGS, INC. and
`R.J. REYNOLDS VAPOR COMPANY,
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`Plaintiffs and Counterclaim Defendants,
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`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA INC.; and PHILIP MORRIS
`PRODUCTS S.A.,
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`Defendants and Counterclaim Plaintiffs.
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`Case No. 1:20-cv-00393-LO-TCB
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`[PROPOSED] ORDER GRANTING PM/ALTRIA’S MOTION TO SEAL
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`This matter is before the Court on the motion (Dkt. 1104) filed by Philip Morris Products
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`S.A., Philip Morris USA Inc., and Altria Client Services, LLC (collectively, “PM/Altria”) to seal
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`an un-redacted version of PMI/Altria’s Reply in Support of Daubert Motion to Exclude Design-
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`Around Testimony of RJR’s Expert, David Clissold pursuant to Federal Rule of Civil Procedure
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`5.2(d) and Local Civil Rule 5(C). Because the document that PM/Altria seeks to seal contains
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`confidential, proprietary, and competitively sensitive business, financial, and design information
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`of RAI Strategic Holdings, Inc. and R.J. Reynolds Vapor Company (collectively, “Reynolds”),
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`Reynolds filed a memorandum in support of PM/Altria’s sealing request.
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`Before this Court may seal documents, it must: “(1) provide public notice of the request
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`to seal and allow interested parties a reasonable opportunity to object, (2) consider less drastic
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`alternatives to sealing the documents, and (3) provide specific reasons and factual findings
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`supporting its decision to seal the documents and for rejecting the alternatives.” Ashcraft v.
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`Case 1:20-cv-00393-LO-TCB Document 1116-1 Filed 03/03/22 Page 2 of 4 PageID# 30459
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`Conoco, Inc., 218 F.3d 288, 302 (4th Cir. 2000) (internal citations omitted). Upon consideration
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`of PM/Altria’s motion to seal and its memorandum in support thereof, the Court hereby FINDS
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`as follows:
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`1.
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`The public has received notice of the request to seal and has had reasonable
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`opportunity to object. PM/Altria’s sealing motion was publicly docketed in accordance with
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`Local Civil Rule 5. Reynolds has filed a memorandum in support of sealing. The “public has had
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`ample opportunity to object” to PM/Altria’s motion and, since “the Court has received no
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`objections,” the first requirement under Ashcraft, 218 F.3d at 302, has been satisfied. GTSI Corp.
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`v. Wildflower Int’l, Inc., No. 1:09CV123(JCC), 2009 WL 1248114, at *9 (E.D. Va. Apr. 30,
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`2009); United States ex rel. Carter v. Halliburton Co., No. 1:10CV864 (JCC/TCB), 2011 WL
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`2077799, at *3 (E.D. Va. May 24, 2011) (“[T]he parties provided public notice of the request to
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`seal that allowed interested parties a reasonable opportunity to object—nearly two weeks.”).
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`2.
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`PM/Altria seeks to seal and redact from the public record only information
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`designated by the parties as confidential. PM/Altria has filed a publicly redacted version of its
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`PMI/Altria’s Reply in Support of Daubert Motion to Exclude Design-Around Testimony of
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`RJR’s Expert, David Clissold (Dkt. 1103), in addition to a sealed version (Dkt. 1106), and has
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`redacted only those limited portions it seeks to seal. This selective and narrow protection of
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`confidential material constitutes the least drastic method of shielding the information at issue.
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`Adams v. Object Innovation, Inc., No. 3:11CV272-REP-DWD, 2011 WL 7042224, at *4 (E.D.
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`Va. Dec. 5, 2011) (The “proposal to redact only the proprietary and confidential information,
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`rather than seal the entirety of his declaration, constitutes the least drastic method of shielding
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`the information at issue.”). The public has no legitimate interest in information that is
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`confidential to Reynolds. Id. (“[T]here is no legitimate public interest in disclosing the
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`2
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`Case 1:20-cv-00393-LO-TCB Document 1116-1 Filed 03/03/22 Page 3 of 4 PageID# 30460
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`proprietary and confidential information of [the defendant] … and disclosure to the public could
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`result in significant damage to the company.”). The information that PM/Altria seeks to seal
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`includes confidential, proprietary, and competitively sensitive business information of Reynolds
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`and/or third parties, each of which could face harm if such information were to be released
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`publicly. Specifically, the sensitive information that PM/Altria moves for leave to file under seal,
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`and to redact from a publicly filed version, includes proprietary and commercially sensitive
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`business, financial, and design information of Reynolds and/or third parties:
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`• PMI/Altria’s Reply in Support of Daubert Motion to Exclude Design-Around
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`Testimony of RJR’s Expert, David Clissold.
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`3.
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`There is support for filing portions of PMI/Altria’s Reply in Support of Daubert
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`Motion to Exclude Design-Around Testimony of RJR’s Expert, David Clissold under seal, with a
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`publicly filed version containing strictly limited redactions. PMI/Altria’s Reply in Support of
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`Daubert Motion to Exclude Design-Around Testimony of RJR’s Expert, David Clissold contains
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`materials that fall within the scope of the stipulated protective order. Placing these materials
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`under seal is proper because the public’s interest in access is outweighed by a party’s interest in
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`“preserving confidentiality” of the limited amount of confidential information that is “normally
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`unavailable to the public.” Flexible Benefits Council v. Feltman, No. 1:08-cv-371-JCC, 2008 WL
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`4924711, at *1 (E.D. Va. Nov. 13, 2008); United States ex rel. Carter, 2011 WL 2077799, at *3.
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`Therefore, based on the findings above, for good cause shown, it is hereby
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`ORDERED that the motion is GRANTED, and PM/Altria is granted leave to file a
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`REDACTED version of PMI/Altria’s Reply in Support of Daubert Motion to Exclude Design-
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`Around Testimony of RJR’s Expert, David Clissold
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`3
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`Case 1:20-cv-00393-LO-TCB Document 1116-1 Filed 03/03/22 Page 4 of 4 PageID# 30461
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`And to file UNDER SEAL a un-redacted version of PMI/Altria’s Reply in Support of
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`Daubert Motion to Exclude Design-Around Testimony of RJR’s Expert, David Clissold.
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`And FURTHER ORDERED that a un-redacted version of PMI/Altria’s Reply in
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`Support of Daubert Motion to Exclude Design-Around Testimony of RJR’s Expert, David
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`Clissold shall remain SEALED until further order of the Court.
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`ENTERED this _____ day of _________________, 2022.
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`Alexandria, Virginia
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`__________________________________________
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`THERESA CARROLL BUCHANAN
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`UNITED STATES MAGISTRATE JUDGE
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`4
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