`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
`
`RAI STRATEGIC HOLDINGS, INC.,
`et al.,
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`) Civil Action No. 1:20-cv-393 (LO/TCB)
`)
`)
`)
`)
`)
`
`
`Defendants.
`______________________________________ )
`
`Plaintiffs,
`
`v.
`
`ALTRIA CLIENT SERVICES LLC,
`et al.,
`
`ORDER
`
`This matter comes before the Court on Plaintiffs RAI Strategic Holdings, Inc. and R.J.
`
`Reynolds Vapor Company’s (“Plaintiffs”) Motion to Seal (Dkt. 485) and supporting
`
`memorandum (Dkt. 490). Plaintiffs request to file under seal an un-redacted version of their
`
`Memorandum in Support of their Second Motion to Compel Responsive Documents Related to
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`Defendants’ ‘374 Patent Infringement Counterclaim (“Memorandum”) and accompanying
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`exhibits B-E, G-J, and L-O (Dkt. 489).
`
`District courts have authority to seal court documents “if the public’s right of access is
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`outweighed by competing interests.” Ashcraft v. Conoco, Inc., 218 F.3d 288, 302 (4th Cir. 2000).
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`Procedurally, a district court may seal court filings if it (1) “provide[s] public notice of the
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`request to seal and allow[s] interested parties a reasonable opportunity to object, (2) consider[s]
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`less drastic alternatives to sealing the documents, and (3) provide[s] specific reasons and factual
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`findings supporting its decision to seal the documents and for rejecting the alternatives.” Id.
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`Upon consideration of Plaintiffs’ filings, the Court makes the following findings.
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`
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`Case 1:20-cv-00393-LO-TCB Document 514 Filed 03/22/21 Page 2 of 3 PageID# 11447
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`First, Plaintiffs have provided public notice of its request to seal and interested parties
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`have been given a reasonable opportunity to object. Plaintiffs filed their motion to seal and
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`public notice on March 12, 2021. (See Dkts. 485, 486.) Because over seven days have elapsed
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`since Plaintiffs filed the motion to seal and public notice, and no interested party has objected,
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`the Court may treat this motion as uncontested under Local Civil Rule 5(C). See L. Civ. R. 5(C).
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`Accordingly, Plaintiffs have satisfied this requirement under Ashcraft and the Local Civil Rules.
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`Second, this Court has considered less drastic alternatives. Plaintiffs submitted a redacted
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`version of their Memorandum and accompanying exhibits. (Dkt. 491.) This selective protection
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`of information constitutes the least drastic measure of sealing confidential material. See Adams v.
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`Object Innovation, Inc., No. 3:11cv272-REP-DWD, 2011 WL 7042224, at *4 (E.D. Va. Dec. 5,
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`2011) “[The] proposal to redact only the proprietary and confidential information, rather than
`
`seal the entirety of [the document], constitutes the least drastic method of shielding the
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`information at issue.”), report and recommendation adopted, 2012 WL 135428 (E.D. Va. Jan.
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`17, 2012).
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`Finally, the Court finds reason to seal the redacted portions of the Memorandum and
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`accompanying exhibits. The redacted portions contain confidential, proprietary, and
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`competitively sensitive business and technological information of the parties in this lawsuit and
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`third parties. This information is also protected under the parties’ stipulated protective order and
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`includes internal scientific studies and analyses, as well as deposition testimony related to
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`development information. As a result, public disclosure of the information could bring
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`competitive harm to the parties in this lawsuit and to others.
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`
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`Case 1:20-cv-00393-LO-TCB Document 514 Filed 03/22/21 Page 3 of 3 PageID# 11448
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`Accordingly, it is hereby
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`ORDERED that Plaintiffs’ motion to seal (Dkt. 485) is GRANTED. Docket number 489
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`shall remain permanently under seal.
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`ENTERED this 22nd day of March, 2021.
`
`THERESA CARROLL BUCHANAN
`UNITED STATES MAGISTRATE JUDGE
`
`/s/
`
`Alexandria, Virginia
`
`
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