`Case 1:20-cv-00393-LO-TCB Document 754 Filed 06/24/21 Page 1 of 3 PageID# 20518
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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 (11.,
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`Plaintiffs,
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`v.
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`ALTRIA CLIENT SERVICES LLC,
`et al. ,
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`Defendants.
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`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 Seal (Dkt. 731) and
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`supporting memorandum (Dkt. 734). Defendants seek leave to file under seal an unredacted
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`version of their Memorandum in Support of their Opposition to RJR’S Motion for Summary
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`Judgment (“Memorandum”) and Exhibits 1-2, 7—11, 13-15, and 17-25 thereto. (Dkt. 733.)
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`Plaintiffs RAI Strategic Holdings, Inc. and R]. Reynolds Vapor Company (“Plaintiffs”) filed a
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`reply in support of Defendants’ motion (Dkt. 745) 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-OO393-LO-TCB Document 754 Filed 06/24/21 Page 2 of 3 PagelD# 20519
`Case 1:20-cv-00393-LO-TCB Document 754 Filed 06/24/21 Page 2 of 3 PageID# 20519
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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, 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 June 16, 2021. (See Dkts. 731, 732.) Because over seven days have elapsed
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`since Defendants filed the motion and no interested party has objected, the Court may treat this
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`motion as uncontested under Local Civil Rule 5(C). See L. Civ. R. 5(C). Accordingly,
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`Defendants have 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 Memorandum on the public docket. (Dkt. 729.) This selective protection of
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`information constitutes the least drastic measure of sealing confidential material. See Adams v.
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`Object Innovation, Inc, No. 3:11cv272-REP-DWD, 2011 WL 7042224, at *4 (ED. Va. Dec. 5,
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`2011) “[The] proposal to redact only the proprietary and confidential information, rather than
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`seal the entirety of [the document], constitutes the least drastic method of shielding the
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`information at issue”), report and recommendation adopted, 2012 WL 135428 (E.D. Va. Jan.
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`17, 2012).
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`Finally, the Court finds reason to seal the Memorandum and Exhibits 1-2, 7-11, 13-15,
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`and 17-25 thereto. The redacted portions contain the parties’ confidential, proprietary, and
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`competitively sensitive business information, which is also protected by the protective order in
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`this case. Additionally, the exhibits consist of confidential deposition excerpts and other expert
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`testimony, the parties’ interrogatory responses, and other technical documents. Release of this
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`information to the public could lead to competitive harm to the parties in this lawsuit and to third
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`parties.
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`Case 1:20-cv-00393-LO-TCB Document 754 Filed 06/24/21 Page 3 of 3 Page|D# 20520
`Case 1:20-cv-00393-LO-TCB Document 754 Filed 06/24/21 Page 3 of 3 PageID# 20520
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`Accordingly, it is hereby
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`ORDERED that Defendants” motion (Dkt. 731) is GRANTED. Docket number 733
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`shall remain permanently under seal.
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`ENTERED this 24th day of June, 2021.
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`SA CARROLL BUCHANAN
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`E
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`Alexandria, Virginia
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`UNITED STATES MAGISTRATE JUDGE
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