`Case 1:20-cv-00393-LO-TCB Document 660 Filed 05/24/21 Page 1 of 3 PageID# 14943
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`UNITED STATES DISTRICT COURT
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`FOR THE EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
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`) Civil Action No. 1:20-cv-393 (LO/TCB)
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`ORDER
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`RAI STRATEGIC HOLDINGS, INC.,
`et al. ,
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`Plaintiffs,
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`v.
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`ALTRIA CLIENT SERVICES LLC,
`et (11.,
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`Defendants.
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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. 608) and supporting
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`memorandum (Dkt. 611). Plaintiffs request to file under seal an un-redacted version of their
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`Memorandum in Support of their Motion to Compel Defendant Philip Morris Products SA. to
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`Designate Rule 30(b)(6) Witnesses Relating to Philip Morris S.A.’s Claim for Permanent
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`Injunction (“Memorandum”) and accompanying Exhibits 3-13. (Dkt. 610.) Defendants Altria
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`Client Services LLC, Philip Morris USA Inc., and Philip Morris Products S.A. (“Defendants”)
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`replied in support of Plaintiffs’ motion (Dkts. 656) 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.” Ashcrafi 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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`Case 1:20-cv-00393-LO-TCB Document 660 Filed 05/24/21 Page 2 of 3 PagelD# 14944
`Case 1:20-cv-00393-LO-TCB Document 660 Filed 05/24/21 Page 2 of 3 PageID# 14944
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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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`Upon consideration of the parties’ 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 14, 2021. (See Dkts. 608. 609.) Because over seven days have elapsed
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`since Plaintiffs filed the motion to seal and public notice, and no interested party has objected,
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`the 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 Ashcroft 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 Memorandum. (Dkt. 614.) This selective protection of information constitutes
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`the least drastic measure of sealing confidential material. See Adams v. Object Innovation, Inc. ,
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`No. 3:110v272-REP-DWD, 2011 WL 7042224, at *4 (ED. 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 Memorandum and
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`accompanying exhibits. The redacted portions and exhibits contain the parties’ confidential,
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`proprietary, and technological information. Specifically, Exhibits 3-12 consist of confidential
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`correspondence between the parties regarding depositions and Exhibit 13 is Philip Morris
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`Products S.A.’s interrogatory responses. 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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`Case 1:20-cv-00393-LO-TCB Document 660 Filed 05/24/21 Page 3 of 3 PageID# 14945
`Case 1:20-cv-00393-LO-TCB Document 660 Filed 05/24/21 Page 3 of 3 PageID# 14945
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`Plaintiffs, Defendants, and third parties.
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`Accordingly, it is hereby
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`ORDERED that Plaintiffs’ motions to seal (Dkt. 608) is GRANTED. Docket number
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`610 shall remain permanently under seal.
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`ENTERED this 24th day of May, 2021.
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`Is!
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`I heresa Carroll Buchanan
`: 'nited States Magistrate Judge
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`THERESA CARROLL BUCHANAN
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`Alexandria, Virginia
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`UNITED STATES MAGISTRATE JUDGE
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