`Case 1:20-cv-00393-LO-TCB Document 755 Filed 06/24/21 Page 1 of 3 PageID# 20521
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`UNITED STATES DISTRICT COURT
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`FOR THE EASTERN DISTRICT OF VIRGINIA
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`Alexandria Division
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`) ) ) ) l
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`RAI STRATEGIC HOLDINGS, INC,
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`6! a1. ,
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`Plaintiffs,
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`v.
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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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`ORDER
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`ALTRIA CLIENT SERVICES LLC,
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`et al. ,
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`Defendants.
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`This matter comes before the Court on Plaintiffs RAI Strategic Holdings, Inc. and RJ.
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`Reynolds Vapor Company’s (“Plaintiffs”) Motion to Seal (Dkt. 714) and supporting
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`memorandum (Dkt. 717). Plaintiffs request to file under seal unredacted versions of Exhibits A,
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`B, L, and M to their Brief in Support of Plaintiffs’ Motion to Dismiss Counterclaim and
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`Affirmative Defenses. (Dkt. 716.) Pursuant to Local Civil Rule 5(C), Defendants Altria Client
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`Services LLC, Philip Morris USA Inc., and Philip Morris Products S.A. (“Defendants”) replied
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`(Dkt. 752) in support of Plaintiffs" Motion. 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 searing the documents, and (3) provide[s] specific reasons and factual
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`findings supporting its tied-:55; n is seai the documents and for rejecting the alternatives.” 1d.
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`
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`Case 1:20-cv-OO393-LO-TCB Document 755 Filed 06/24/21 Page 2 of 3 Page|D# 20522
`Case 1:20-cv-00393-LO-TCB Document 755 Filed 06/24/21 Page 2 of 3 PageID# 20522
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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 June 16, 2021. (See Dkts. 714, 715.) 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 Ashcraft and the Local Civil Rules.
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`Second, this Court has considered less drastic alternatives. Plaintiffs filed redacted
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`versions of the exhibits on the public docket. (Dkt. 720.) 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 (ED. 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 Exhibits A, B, L, and M. The exhibits consist of
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`Plaintiffs” proposed amended answers and amended responses to Defendants’ counterclaims.
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`The documents contain the parties’ confidential and proprietary information that is also protected
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`under the parties’ stipulated protective order. Public disclosure of this information could bring
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`competitive harm to Plaintiffs, Defendants, and third parties.
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`Accordingly, it is hereby ’
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`ORDERED that Plaintiffs' motion to seal (Dkt. 714) is GRANTED. Docket number 716
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`shall remain permanently under seal.
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`Case 1:20-cv-00393-LO-TCB Document 755 Filed 06/24/21 Page 3 of 3 Page|D# 20523
`Case 1:20-cv-00393-LO-TCB Document 755 Filed 06/24/21 Page 3 of 3 PageID# 20523
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`ENTERED this 24th day oflune. 2021.
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`Isl
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`arroll Buchanan
`ed States Magistrate Judge
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` T
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`RESA CARROLL BUCHANAN
`UNITED STATES MAGISTRATE JUDGE
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`Alexandria, Virginia
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`b.)
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