`Case 1:20-cv-00393-LO-TCB Document 817 Filed 08/19/21 Page 1 of 2 PageID# 21382
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`UNITED STATESDISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Alexandria 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,ef ai.,
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`Defendants.
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`NameNeeecmeNeeeeeStem”SteeSeeeeSee”
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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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`811, 814.) Plaintiffs request leave to file under seal the unredacted version ofPlaintiffs’
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`Amended Answerto Defendant Phillip Morris Products S.A.’s, Second Amended Counterclaims
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`(“Amended Answer”). (Dkt. 813.)
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`District courts have authority to seal court documents “if the public’s right of accessis
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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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`Uponconsideration of the Plaintiff's filings, the Court makes the following findings.
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`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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`
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`Case 1:20-cv-00393-LO-TCB Document 817 Filed 08/19/21 Page 2 of 2 PagelD# 21383
`Case 1:20-cv-00393-LO-TCB Document 817 Filed 08/19/21 Page 2 of 2 PageID# 21383
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`public notice on August 11, 2021. (See Dkts. 811, 812.) 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 Ashcrafi 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.
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`(Dkt. 815.) 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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`~
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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 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 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 harm to Plaintiffs.
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`Accordingly, it is hereby
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`ORDEREDthatPlaintiffs’ motion to seal (Dkt. 811) is GRANTED. Docket number 813
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`shall remain permanently underseal.
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`ENTERED this 19th day of August, 2021.
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`/s/
`oBBarhanaan
`ait
`D
`UNITEDSafedSatesMaginretesudpesE
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`Alexandria, Virginia
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`
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