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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. 545) and
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`supporting memorandum (Dkt. 548). Defendants requests to file under seal an unredacted
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`version of their Memorandum in Support of their Motion to Compel Reynolds’ 30(b)(6)
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`Deposition on Topics 28, 54, and 78 (“Memorandum”) and accompanying exhibits 1-23. (Dkt.
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`547.) Plaintiffs RAI Strategic Holding, Inc. and R.J. Reynolds Vapor Company (“Plaintiffs”)
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`filed a response in support of Defendant’s Motion (Dkt. 550), pursuant to Local Civil Rule 5(C).
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`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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`1
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`Case 1:20-cv-00393-LO-TCB Document 567 Filed 04/19/21 Page 2 of 3 PageID# 12551
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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 April 9, 2021. (See Dkts. 545, 546.) Because over seven days
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`have elapsed since Defendants filed the motion and no interested party has objected, the Court
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`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 their memorandum, which omits only confidential information. (Dkt. 543.)
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`This selective protection of information constitutes the least drastic measure of sealing
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`confidential material. See Adams v. Object Innovation, Inc., No. 3:11cv272-REP-DWD, 2011
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`WL 7042224, at *4 (E.D. Va. Dec. 5, 2011) “[The] proposal to redact only the proprietary and
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`confidential information, rather than seal the entirety of [the document], constitutes the least
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`drastic method of shielding the information at issue.”), report and recommendation adopted,
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`2012 WL 135428 (E.D. Va. Jan. 17, 2012).
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`Finally, the Court finds reason to seal the Memorandum and accompanying exhibits. The
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`redacted portions of Defendant’s Memorandum contain 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 deposition testimony and reports from the
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`parties’ experts and other witnesses, confidential communications between the parties, and other
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`documents containing Plaintiffs’ proprietary information. As a result, public disclosure of the
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`2
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`Case 1:20-cv-00393-LO-TCB Document 567 Filed 04/19/21 Page 3 of 3 PageID# 12552
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`information could bring 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. 545) is GRANTED; and it is further
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`ORDERED that docket number 547 shall remain permanently under seal.
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`ENTERED this 19th day of April, 2021.
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`THERESA CARROLL BUCHANAN
`UNITED STATES MAGISTRATE JUDGE
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`/s/
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`Alexandria, Virginia
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