`Case 1:20-cv-00393-LO-TCB Document 1185 Filed 04/08/22 Page 1 of 4 PageID# 31483
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIADIVISION
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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 USAINC.; and PHILIP MORRIS
`PRODUCTSS.A.
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`Defendants and Counterclaim Plaintiffs.
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`Civil Action No. 1:20-cv-393
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`ORDER GRANTING REYNOLDS’ MOTION TO SEAL
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`This matter is before the Court on the motion filed by RAI Strategic Holdings, Inc., and
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`R.J. Reynolds Vapor Company(collectively, “Reynolds”) to file its Opposition to PMI/Altria’s
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`Motion for Order to Show Cause and Exhibits B, H and I (Dkt. 1165) under seal pursuant to
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`Federal Rule of Civil Procedure 5.2(d) and Local Civil Rule 5(C). (“Sealing Motion”). Because
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`the documents that Reynolds seeks to seal contain confidential, proprietary, and competitively
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`sensitive business information of Altria Client Services LLC (“ACS”), Philip Morris USA Inc.
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`(“PM USA”), and/or Philip Morris Products S.A. (“PMP”) (collectively, “PMI/Altria”) and/or
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`third parties, PMI/Altria filed a memorandum in support of Reynolds’ Sealing Motion.
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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 1185 Filed 04/08/22 Page 2 of 4 PageID# 31484
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`Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000) (internal citations omitted). Upon consideration
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`of Reynolds’ Sealing Motion and its memorandum in support thereof, the Court hereby FINDS
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`as follows:
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`l.
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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. Reynolds’ Sealing Motion was publicly docketed in accordance with Local
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`Civil Rule 5. PMI/Altria filed a memorandum in support of sealing. The “public has had ample
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`Opportunity to object” to Reynolds’ motions and, since “the Court has received no objections,”
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`the first requirement under Ashcraft is met. 218 F.3d at 302; see also GTSI Corp. v. Wildflower
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`Int'l, Inc., No. 09-cv-123, 2009 WL 1248114, at *9 (E.D. Va. Apr. 30, 2009); U.S. ex rel Carter
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`v. Halliburton Co., No. 10-cv-864, 2011 WL 2077799, at *3 (E.D. Va. May 24, 2011) (“[T]he
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`parties provided public notice of the request to seal that allowed interested parties a reasonable
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`opportunity to object—nearly two weeks.”).
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`2.
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`Reynolds seeks to seal and redact from the public record only information
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`designated by the parties as confidential. Reynolds filed a publicly redacted version ofits
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`Opposition to PMI/Altria’s Motion for Order to Show Cause (Dkt. 1165), in addition to a sealed
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`version, and redacted only those limited portions that Reynolds seeks to seal. Reynolds also
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`seeks to file accompanying Exhibits B, H and I wholly underseal.
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`3.
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`This selective and narrow protection of confidential material constitutes the least
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`drastic method of shielding the information at issue. Adams v. Object Innovation, Inc., No. 11-
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`cv-272, 2011 WL 7042224, at *4 (E.D. Va. Dec. 5, 2011) (“[The] proposal to redact only the
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`proprietary and confidential
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`information, rather than seal
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`the entirety of his declaration,
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`constitutes the least drastic method of shielding the information at issue.”). The public has no
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`legitimate interest in information that is confidential to Reynolds and PMI/Altria. Jd. at *4. The
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`information that Reynolds seeks to seal includes confidential, proprietary, and competitively
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`sensitive business information of PMI/ Altria and/or third parties, each of which could face harm
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`if such information were to be released publicly.
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`Specifically, the sensitive information that
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`Reynolds moves for leave to file under seal, and to redact from a publicly filed version, includes
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`materials from PMI/Altria and/or third parties, such as confidential business information falling
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`under the scope of the protective order.
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`4. There is support for filing portions
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`of the Memorandum and accompanying
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`Exhibits under seal, with a publicly filed version containing strictly limited redactions. This
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`Memorandum and Exhibits B, Hand I contain material that falls within the scope of the stipulated
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`protective order. Placing these materials under seal is proper because the public's interest in
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`access is outweighed by a party's interest in "preserving confidentiality" of the limited amount
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`of confidential information that is "normally unavailable to the public."
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`Flexible Benefits Council
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`v.Feltman,
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`No. 08-cv-00371, 2008 WL 4924711, at *1 (E.D. Va. Nov. 13, 2008); U.S. ex rel.
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`Carter,
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`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 (Dkt. 1165) is GRANTED, and Reynolds is
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`granted leave to file a REDACTED version of the Memorandum (Dkt. 1169);
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`And to file UNDER SEAL an unredacted version of the Memorandum and
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`accompanying Exhibits (Dkt. 1167);
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`and And FURTHER ORDERED that the unredacted version of the Memorandum
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`accompanying Exhibits shall remain SEALED until further order of the Court:
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`3
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`Case 1:20-cv-00393-LO-TCB Document 1185 Filed 04/08/22 Page 4 of 4 PagelD# 31486
`Case 1:20-cv-00393-LO-TCB Document 1185 Filed 04/08/22 Page 4 of 4 PageID# 31486
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`ENTEREDthis 8th day of April, 2022.
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`Alexandria, Virginia
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`UUNFTEDSTANDSiMrNG SERATE JUDGE
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