`
`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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`
`
`)
`)
`)
`)
`)
`)
`) Civil Action No. 1:20-cv-393 (LO/TCB)
`)
`)
`)
`)
`)
`
`
`Defendants.
`______________________________________ )
`
`Plaintiffs,
`
`v.
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`ALTRIA CLIENT SERVICES LLC,
`et al.,
`
`ORDER
`
`This matter comes before the Court on Defendants Altria Client Services, LLC, Philip
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`Morris USA Inc., and Philip Morris Products S.A.’s (“Defendants”) Motion for Leave to File
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`Documents Under Seal (Dkt. 595) and supporting memorandum (Dkt. 598). Defendants seek
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`leave to file under seal their Reply in Support of their Motion for Leave to Serve Supplemental
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`Expert Reports (“Reply”) and accompanying exhibits 22 and 23. (Dkt. 597.) Plaintiffs RAI
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`Strategic Holdings, Inc. and R.J. Reynolds Vapor Company filed a reply in support of
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`Defendants’ motion (Dkt. 602) pursuant to Local 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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`findings supporting its decision to seal the documents and for rejecting the alternatives.” Id.
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`1
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`
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`Case 1:20-cv-00393-LO-TCB Document 607 Filed 05/14/21 Page 2 of 3 PageID# 13770
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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 their request to seal and interested
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`parties have been given a reasonable opportunity to object. Defendants filed their motion and
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`public notice on May 6, 2021. (See Dkts. 595, 596.) Because over seven days have elapsed since
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`Defendants filed the motion and no interested party has objected, the Court may treat this motion
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`as uncontested under Local Civil Rule 5(C). See L. Civ. R. 5(C). Accordingly, Defendants have
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`satisfied this requirement under Ashcraft and the Local Civil Rules.
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`Second, this Court has considered less drastic alternatives. Defendants filed a redacted
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`version of their Reply on the public docket. (Dkt. 594.) This selective protection of information
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`constitutes the least drastic measure of sealing confidential material. See Adams v. Object
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`Innovation, Inc., No. 3:11cv272-REP-DWD, 2011 WL 7042224, at *4 (E.D. Va. Dec. 5, 2011)
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`“[The] proposal to redact only the proprietary and confidential information, rather than seal the
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`entirety of [the document], constitutes the least drastic method of shielding the information at
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`issue.”), report and recommendation adopted, 2012 WL 135428 (E.D. Va. Jan. 17, 2012).
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`Finally, the Court finds reason to seal the Reply and Exhibits 22 and 23. The redacted
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`portions of the Reply and exhibits contain the parties’ confidential business information, which is
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`also protected by the protective order in this case. Specifically, this confidential information
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`includes commercially sensitive business, financial, and design information of Defendants,
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`Plaintiffs, and third parties. Release of this information to the public could lead to competitive
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`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. 595) is GRANTED. Docket number 597
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`shall remain permanently under seal.
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`2
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`
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`Case 1:20-cv-00393-LO-TCB Document 607 Filed 05/14/21 Page 3 of 3 PageID# 13771
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`ENTERED this 14th day of May, 2021.
`
`/s/
`THERESA CARROLL BUCHANAN
`UNITED STATES MAGISTRATE JUDGE
`
`Alexandria, Virginia
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`3
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