`Case 1:20-cv-00393-LO-TCB Document 816 Filed 08/19/21 Page 1 of 2 PageID# 21380
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`UNITED STATESDISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`AlJexandria Division
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`RAI STRATEGIC HOLDINGS, INC., et al.,
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`Plaintiffs,
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`Vv.
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`ALTRIA CLIENT SERVICES,LLC,et al.,
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`Defendants.
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`5
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`Civil Action No. 1:20-cv-393 (LO/TCB)
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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 and supporting memorandum.(Dkts.
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`806, 809.) Plaintiffs request leave to file under seal the unredacted version of Plaintiffs’ Second
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`Amended Answerto Defendants Altria Client Services, LLC and Phillip Morris U.S.A., Inc.’s
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`Amended Counterclaims (“Amended Answer”). (Dkt. 808.)
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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 sea! 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.” /d.
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`Upon consideration ofPlaintiffs’ filings, the Court makes the following findings.
`First, Plaintiffs have provided public notice of its 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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`Case 1:20-cv-00393-LO-TCB Document 816 Filed 08/19/21 Page 2 of 2 PagelD# 21381
`Case 1:20-cv-00393-LO-TCB Document 816 Filed 08/19/21 Page 2 of 2 PageID# 21381
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`public notice on August 11, 2021. (See Dkis. 806, 807.) Because over seven days have elapsed
`since Plaintiffs filed the eattion to seal and public notice, and no interested party has objected,
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`the Court maytreat 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 Amended Answer. (Dkt. 810.) This selective protection of information
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`constitutes the least drastic measure of sealing confidential material. See Adams y. Object
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`Innovation, Inc., No. 3:11¢v272-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 ofshielding 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 io seal the Amended Answer.Plaintiff's Amended Answer
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`contains Plaintiffs’ confidential, proprietary, and sensitive commercial business information.
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`Public disclosure of this information could bring competitive harmto Plaintiffs.
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`Accordingly, it is hereby
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`ORDERED thatPlaintiffs’ motion to seal (Dkt. 806) is GRANTED. Docket number 808
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`shall remain permanently underseal.
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`ENTERED this 19th day of August, 2021.
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` "YY==
`THERESACARROLLAGIANEhigUNITEDUniteSeekES MAGISTRATE JUDGE
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`Alexandria, Virginia
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