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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 Plaintiffs RAI Strategic Holdings, Inc. and R.J.
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`Reynolds Vapor Company’s (“Plaintiffs”) Motion to Seal (Dkt. 589) and supporting
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`memorandum (Dkt. 593). Plaintiffs request to file under seal an un-redacted version of their
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`Opposition to Defendants’ Motion for Leave to Serve Supplemental Reports (“Opposition”) and
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`accompanying exhibits A, B, C, E, H, I, J, K, L, M, N, O, P, R, S, T, U, and V. (Dkt. 591.)
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`Defendants Altria Client Services LLC, Philip Morris USA Inc., and Philip Morris Products S.A.
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`replied in support of Plaintiffs’ motion (Dkts. 605) pursuant to Local Civil Rule 5(C). See L. Civ.
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`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 606 Filed 05/13/21 Page 2 of 3 PageID# 13767
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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 their 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 May 5, 2021. (See Dkts. 589, 590.) Because over seven days have elapsed since
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`Plaintiffs filed the motion to seal and public notice, 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, 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 Opposition. (Dkt. 593.) 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 and exhibits contain the parties’ confidential,
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`proprietary, and technological information. This information is also protected under the parties’
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`stipulated protective order and includes information related to the parties’ expert reports and
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`testimony. As a result, public disclosure of the information could bring competitive harm to
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`Plaintiffs.
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`Case 1:20-cv-00393-LO-TCB Document 606 Filed 05/13/21 Page 3 of 3 PageID# 13768
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`Accordingly, it is hereby
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`ORDERED that Plaintiffs’ motions to seal (Dkt. 589) is GRANTED. Docket number
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`591 shall remain permanently under seal.
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`ENTERED this 13th day of May, 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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