`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
`
`RAI STRATEGIC HOLDINGS, INC.,
`et al.,
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`
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`
`
`)
`)
`)
`)
`)
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`) Civil Action No. 1:20-cv-393 (LO/TCB)
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`)
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`)
`)
`
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`Defendants.
`______________________________________ )
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`Plaintiffs,
`
`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 Plaintiffs RAI Strategic Holdings, Inc. and R.J.
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`Reynolds Vapor Company’s (“Plaintiffs”) Motions to Seal (Dkts. 551, 556) and supporting
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`memoranda (Dkt. 554, 559). Plaintiffs request to file under seal an un-redacted version of their
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`Opposition to Defendants’ Motion to Compel Reynolds’ 30(b)(6) Depositions (“Opposition”),
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`accompanying exhibits 1-9 and 11-21 (Dkt. 553) and their corrected version of Exhibit 21 (Dkt.
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`558). Defendants Altria Client Services LLC, Philip Morris USA Inc., and Philip Morris
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`Products S.A. replied in support of Plaintiffs’ motions (Dkts. 571, 572) pursuant to Local Civil
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`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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`
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`Case 1:20-cv-00393-LO-TCB Document 573 Filed 04/22/21 Page 2 of 3 PageID# 12593
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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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`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 motions to seal and
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`public notices on April 14, 2021. (See Dkts. 551, 552, 556, 557.) Because over seven days have
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`elapsed since Plaintiffs filed the motions to seal and public notices, and no interested party has
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`objected, the Court may treat this motion as uncontested under Local Civil Rule 5(C). See L. Civ.
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`R. 5(C). Accordingly, Plaintiffs have satisfied this requirement under Ashcraft and the Local
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`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 Opposition. (Dkt. 555.) This selective protection of information constitutes the
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`least drastic measure of sealing confidential material. See Adams v. Object Innovation, Inc., No.
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`3:11cv272-REP-DWD, 2011 WL 7042224, at *4 (E.D. Va. Dec. 5, 2011) “[The] proposal to
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`redact only the proprietary and confidential information, rather than seal the entirety of [the
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`document], constitutes the least drastic method of shielding the information at issue.”), report
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`and recommendation adopted, 2012 WL 135428 (E.D. Va. Jan. 17, 2012).
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`Finally, the Court finds reason to seal the redacted portions of the Opposition and
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`accompanying exhibits. The redacted portions contain the parties’ confidential, proprietary, and
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`competitively sensitive business information. This information is also protected under the
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`parties’ stipulated protective order and includes information related to the parties’ expert reports
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`and testimony. As a result, public disclosure of the information could bring competitive harm to
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`Plaintiffs.
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`
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`Case 1:20-cv-00393-LO-TCB Document 573 Filed 04/22/21 Page 3 of 3 PageID# 12594
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`Accordingly, it is hereby
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`ORDERED that Plaintiffs’ motions to seal (Dkt. 551, 556) are GRANTED. Dockets
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`number 553 and 558 shall remain permanently under seal.
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`ENTERED this 22nd day of April, 2021.
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`/s/
`THERESA CARROLL BUCHANAN
`UNITED STATES MAGISTRATE JUDGE
`
`Alexandria, Virginia
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`
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