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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
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`Case No. 1:20-cv-00393-LO-TCB
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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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`v.
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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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`[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO SEAL
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`This matter is before the Court on the motion filed by Plaintiffs RAI Strategic Holdings,
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`Inc. and R.J. Reynolds Vapor Company (collectively, “Plaintiffs”) to file under seal Plaintiffs’
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`Memorandum and accompanying Exhibits B–E, G–J, and L–O in support of their Second
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`Motion to Compel Responsive Documents Related to Defendants’ ’374 Patent Infringement
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`Counterclaim pursuant to Federal Rule of Civil Procedure 5.2(d) and Local Civil Rule 5(C).
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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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`Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000) (internal citations omitted). Upon consideration
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`of Plaintiffs’ motion to seal and its memorandum in support thereof, the Court hereby FINDS as
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`follows:
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`Case 1:20-cv-00393-LO-TCB Document 485-1 Filed 03/12/21 Page 2 of 4 PageID# 10810
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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. Plaintiffs’ sealing motion was publicly docketed in accordance with Local
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`Civil Rule 5. Defendants have had an opportunity to respond. The “public has had ample
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`opportunity to object” to Plaintiffs’ motion and, because “the Court has received no objections,”
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`the first requirement under Ashcraft, 218 F.3d at 302, has been satisfied. GTSI Corp. v.
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`Wildflower Int’l, Inc., No. 1:09-cv-123-JCC, 2009 WL 1248114, at *9 (E.D. Va. Apr. 30, 2009);
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`U.S. ex rel. Carter v. Halliburton Co., No. 1:10-cv-864-JCC/TCB, 2011 WL 2077799, at *3
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`(E.D. Va. May 24, 2011) (“[T]he parties provided public notice of the request to seal that
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`allowed interested parties a reasonable opportunity to object—nearly two weeks.”).
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`2.
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`Plaintiffs seek to seal and redact from the public record only information
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`designated by the parties as confidential. Plaintiffs have filed publicly a redacted version of
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`Plaintiffs’ Second Motion to Compel and accompanying Exhibits B–E, G–J, and L–O, in
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`addition to a sealed version, and have redacted only those limited portions it seeks to seal. This
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`selective and narrow protection of confidential material constitutes the least drastic method of
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`shielding the information at issue. Adams v. Object Innovation, Inc., No. 3:11-cv-272-REP-
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`DWD, 2011 WL 7042224, at *4 (E.D. Va. Dec. 5, 2011) (The “proposal to redact only the
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`proprietary and confidential information, rather than seal 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 Plaintiffs. The information that Plaintiffs
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`seek to seal includes confidential, proprietary, and competitively sensitive business information
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`of Plaintiffs and/or third parties, each of which could face harm if such information were to be
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`released publicly. Specifically, the sensitive information that Plaintiffs move for leave to file
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`under seal and to redact from the public version relates to and discusses confidential information
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`Case 1:20-cv-00393-LO-TCB Document 485-1 Filed 03/12/21 Page 3 of 4 PageID# 10811
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`of Plaintiffs, their suppliers, and other third parties. The communications discuss proprietary and
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`commercially sensitive business information. The information sought to be sealed and redacted
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`from the public version also pertains to a confidential communication from Defendants.
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`3.
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`There is support for filing Plaintiffs’ Memorandum in Support of their Second
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`Motion to Compel and accompanying Exhibits B–E, G–J, and L–O under seal. Plaintiffs’
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`Memorandum in Support of their Second Motion to Compel and accompanying Exhibits B–E,
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`G–J, and L–O contain material that falls within the scope of the stipulated protective order.
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`Placing these materials under seal is proper because the public’s interest in access is outweighed
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`by a party’s interest in “preserving confidentiality” of the limited amount of confidential
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`information that is “normally unavailable to the public.” Flexible Benefits Council v. Feltman,
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`No. 1:08-cv-00371-JCC, 2008 WL 4924711, at *1 (E.D. Va. Nov. 13, 2008); U.S. ex rel. Carter,
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`2011 WL 2077799, at *3.
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`Case 1:20-cv-00393-LO-TCB Document 485-1 Filed 03/12/21 Page 4 of 4 PageID# 10812
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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 Plaintiffs are granted leave to file a
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`REDACTED version of Plaintiffs’ Memorandum in Support of their Second Motion to Compel
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`and Accompanying Exhibits B–E, G–J, and L–O.
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`And to file UNDER SEAL an un-redacted version of Plaintiffs’ Memorandum in
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`Support of their Second Motion to Compel and Accompanying Exhibits B–E, G–J, and L–O.
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`And FURTHER ORDERED that the un-redacted version of Plaintiffs’ Memorandum in
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`Support of their Second Motion to Compel and Accompanying Exhibits B–E, G–J, and L–O
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`shall remain SEALED until further order of the Court.
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`ENTERED this _____ day of _________________, 2020.
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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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