Case 1:20-cv-00393-LO-TCB Document 518 Filed 03/25/21 Page 1 of 3 PageID# 11463
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
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`RAI STRATEGIC HOLDINGS, INC.,
`et al.,
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`) Civil Action No. 1:20-cv-393 (LO/TCB)
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`Defendants.
`______________________________________ )
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`Plaintiffs,
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`v.
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`ALTRIA CLIENT SERVICES LLC,
`et al.,
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`ORDER
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`This matter comes before the Court on Defendants Altria Client Services, LLC, Philip
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`Morris USA Inc., Philip Morris Products S.A.’s (“Defendants”) Motion to Seal (Dkt. 494) and
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`supporting memorandum (Dkt. 495). Defendant requests to file under seal unredacted versions of
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`their Opposition to Plaintiffs’ Second Motion to Compel Production of Document Related to
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`Defendants’ ‘374 Patent Infringement Counterclaim (“Opposition”) and accompanying exhibits
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`1-13. (Dkt. 497.) Plaintiffs RAI Strategic Holding, Inc. and R.J. Reynolds Vapor Company
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`(“Plaintiffs”) filed a response in support of Defendant’s Motion (Dkt. 516), pursuant to Local
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`Civil Rule 5(C). See L. Civ. R. 5(C).
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`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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`Case 1:20-cv-00393-LO-TCB Document 518 Filed 03/25/21 Page 2 of 3 PageID# 11464
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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 Defendants’ filings, the Court makes the following findings.
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`First, Defendants have provided public notice of its request to seal the requested portions
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`and interested parties have been given a reasonable opportunity to object. Defendants filed their
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`motion to seal and public notice on March 17, 2021. (See Dkts. 494, 496.) Because over seven
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`days have elapsed since Defendants filed the motion and no interested party has objected, the
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`Court may treat this motion as uncontested under Local Civil Rule 5(C). See L. Civ. R. 5(C).
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`Accordingly, Defendants have satisfied this requirement under Ashcraft and the Local Civil
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`Rules.
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`Second, this Court has considered less drastic alternatives. Defendants submitted a
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`redacted version of its Opposition, which omits only confidential information. (Dkt. 493) This
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`selective protection of information constitutes the least drastic measure of sealing confidential
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`material. See Adams v. Object Innovation, Inc., No. 3:11cv272-REP-DWD, 2011 WL 7042224,
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`at *4 (E.D. Va. Dec. 5, 2011) “[The] proposal to redact only the proprietary and confidential
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`information, rather than seal the entirety of [the document], constitutes the least drastic method
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`of shielding the information at issue.”), report and recommendation adopted, 2012 WL 135428
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`(E.D. Va. Jan. 17, 2012).
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`Finally, the Court finds reason to seal the Opposition and accompanying exhibits. The
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`redacted portions of Defendant’s Opposition contains the parties’ confidential, proprietary, and
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`competitively sensitive business information, which is also protected under the parties’ stipulated
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`protective order. Additionally, the exhibits consist of confidential communications between the
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`parties, confidential business documents and agreements, and other proprietary information
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`about discovery in this case. As a result, public disclosure of the information could bring
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`Case 1:20-cv-00393-LO-TCB Document 518 Filed 03/25/21 Page 3 of 3 PageID# 11465
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`competitive harm to the parties in this lawsuit and to third parties.
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`Accordingly, it is hereby
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`ORDERED that Defendant’s motion (Dkt. 494) is GRANTED; and it is further
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`ORDERED that docket number 497 shall remain permanently under seal.
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`ENTERED this 25th day of March, 2021.
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`/s/
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`THERESA CARROLL BUCHANAN
`UNITED STATES MAGISTRATE JUDGE
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`Alexandria, Virginia
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`3
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