`Case 1:20-cv-00393-LO-TCB Document 1238 Filed 05/25/22 Page 1 of 4 PageID# 32366
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
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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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`Case No. 1:20-cv-00393-LO-TCB
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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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`ORDER GRANTING REYNOLDS’S 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 under seal Reynolds’s Opposition
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`to PMI/Altria’s Objections to Magistrate Judge Buchanan’s Order Denying Motion to Show Cause
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`Why Sanctions Should Not Be Imposed, pursuant to Federal Rule of Civil Procedure 5.2(d) and
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`Local Civil Rule 5(C).
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`Before this Court may seal documents, it must: “(1) provide public notice of the request to
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`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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`Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000) (internal citations omitted). Upon consideration
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`of Reynolds’s motion to seal and its memorandum in support thereof, the Court hereby FINDSas
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`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’s sealing motion was publicly docketed in accordance with Local
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`Civil Rule 5. Altria Client Services LLC, Philip Morris USA, Inc., and Philip Morris Products
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`S.A.(collectively, “PM/Altria”) have had an opportunity to respond. The “public has had ample
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`opportunity to object” to Reynolds’s motion and, because “the Court has received no objections,”
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`the first requirement under Ashcraft, 218 F.3d at 302, has beensatisfied. G7SI Corp. v. Wildflower
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`Int’l, Inc., No. 1:09-cv-123-JCC, 2009 WL 1248114, at *9 (E.D. Va. Apr. 30, 2009); U.S. ex rel.
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`Carter v. Halliburton Co., No. 1:10-cv-864-JCC/TCB, 2011 WL 2077799, at *3 (E.D. Va. May
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`24, 2011) (“T]he parties provided public notice of the request to seal that allowed interested
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`parties a reasonable 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 has filed a publicly redacted version of
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`Reynolds’s Opposition to PMI/Altria’s Objections to Magistrate Judge Buchanan’s Order Denying
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`Motion to Show Cause Why Sanctions Should Not Be Imposed, in addition to a sealed version,
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`and have redacted only those limited portions it seeks to seal. This selective and narrow protection
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`of confidential material constitutes the least drastic method of shielding the informationatissue.
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`Adams yv. Object Innovation, Inc., No. 3:11-cv-272-REP-DWD,2011 WL 7042224, at *4 (E.D.
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`Va. Dec. 5, 2011) (The “proposalto redact only the proprietary and confidential information,rather
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`than seal the entirety of his declaration, constitutes the least drastic method of shielding the
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`informationat issue.”). The public has no legitimate interest in information that is confidential to
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`Reynolds, PM/Altria, or third parties. The information that Reynolds seeks to seal includes
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`confidential, proprietary, and competitively sensitive business
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`information of Reynolds,
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`PM/Altria, and third parties, any of which could face harm if such information were to be released
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`-2-
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`publicly. Specifically, the sensitive information that Reynolds movesfor leave to file under seal
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`and to redact from the public versionsrelates to and discusses confidential information ofReynolds
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`and of PM/Altria, such as descriptions of internal business documents and financial information.
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`3.
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`There is support for filing Reynolds’s Opposition to PMI/Altria’s Objections to
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`Magistrate Judge Buchanan’s Order Denying Motion to Show Cause Why Sanctions Should Not
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`Be Imposed underseal. Reynolds’s Opposition contains material that falls within the scope ofthe
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`stipulated protective order. Placing these materials under seal is proper because the public’s
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`interest in access is outweighed by a party’s interest in “preserving confidentiality” of the limited
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`amountof confidential information that is “normally unavailable to the public.” Flexible Benefits
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`Council v. Feltman, No. 1:08-cv-00371-JCC, 2008 WL 4924711, at *1 (E.D. Va. Nov. 13, 2008);
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`U.S. 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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`ORDEREDthat the motion (Dkt. 1205) is GRANTED, and Reynolds is granted
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`leave to file a REDACTEDversion of Reynolds’s Opposition to PMI1/Altria’s Objections to
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`Magistrate Judge Buchanan’s Order Denying Motion to Show Cause Why Sanctions Should Not
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`Be Imposed and to file UNDER SEAL un-redacted versions of Reynolds’s Opposition to PMI/
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`Altria’s Motion to Show Cause WhySanctions Should Not Be Imposed.
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`And FURTHER ORDEREDthat the un-redacted versions of Reynolds’s Opposition to
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`PMI/Altria’s Objections to Magistrate Judge Buchanan’s Order Denying Motion to Show Cause
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`Why Sanctions Should Not Be Imposed shall remain SEALED until further order of the Court.
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`ENTERED this 24th day of May, 2022.
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`/s/
`THERESA CARROFEABUCHANAN
`UNITED STATESMAGISTRATE JUDGE
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`Alexandria, Virginia
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`4.
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