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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
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`RAI STRATEGIC HOLDINGS, INC. and
`R.J. REYNOLDS VAPOR COMPANY,
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`Plaintiffs and Counterclaim
`Defendants,
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`v.
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`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA INC.; and PHILIP MORRIS
`PRODUCTS S.A.
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`Defendants and Counterclaim
`Plaintiffs.
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`Civil Action No. 1:20-cv-393-LO-TCB
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`[PROPOSED] ORDER GRANTING PMI/ALTRIA’S MOTION TO SEAL
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`This matter is before the Court on the motion filed by Altria Client Services, LLC, Philip
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`Morris USA Inc., and Philip Morris Products S.A. (collectively, “PMI/Altria”) to file their
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`Opposition to RJR’s Motions in Limine Nos. 4 and 5 (“Opposition”) and Exhibits A, B, and F
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`thereto under seal pursuant to Federal Rule of Civil Procedure 5.2(d) and Local Civil Rule 5(C).
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`Upon consideration of PMI/Altria’s motion to seal and its memorandum in support thereof
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`(“Sealing Motion”), the Court hereby FINDS as follows:
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`1.
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`The public has received notice of the request to seal and has had reasonable
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`opportunity to object. PMI/Altria’s Sealing Motion was publicly docketed in accordance with
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`Local Civil Rule 5. RAI Strategic Holdings, Inc. and R.J. Reynolds Vapor Co. (collectively,
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`“RJR”) have had an opportunity to respond. The “public has had ample opportunity to object” to
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`Plaintiff’s Sealing Motion and, since “the Court has received no objections,” the first requirement
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`under Ashcraft v. Conoco, Inc., 218 F .3d 288, 302 (4th Cir. 2000), has been satisfied. GTSI Corp.
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`Case 1:20-cv-00393-LO-TCB Document 968-1 Filed 02/11/22 Page 2 of 3 PageID# 27369
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`v. Wildflower Int'l, Inc., No. 09-cv-123, 2009 WL 1248114, at *9 (E.D. Va. Apr. 30, 2009); see
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`also U.S. ex rel. Carter v. Halliburton Co., No. 10-cv-864, 2011 WL 2077799, at *3 (E.D. Va.
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`May 24, 2011) (“[T]he parties provided public notice of the request to seal that allowed interested
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`parties a reasonable opportunity to object—nearly two weeks.”).
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`2.
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`PMI/Altria seek to seal and to redact from the public record only information
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`designated by the parties as confidential. PMI/Altria will file publicly a redacted version of their
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`Opposition, in addition to a sealed version, and will redact only those limited portions it seeks to
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`seal. This selective and narrow protection of confidential material constitutes the least drastic
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`method of shielding the information at issue. Adams v. Object Innovation, Inc., No. 11-cv-272,
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`2011 WL 7042224, at *4 (E.D. Va. Dec. 5, 2011) (finding that plaintiffs’ “proposal to redact only
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`the proprietary and confidential information, rather than seal the entirety of his declaration,
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`constitutes the least drastic method of shielding the information at issue”). The public has no
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`legitimate interest in the parties’ confidential information. See id. at *4 (“[T]here is no legitimate
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`public interest in disclosing the proprietary and confidential information of [the defendant] . . . and
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`disclosure to the public could result in significant damage to the company.”). The information that
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`PMI/Altria seek to seal includes confidential, proprietary, and competitively sensitive business
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`information of the parties and/or third parties, each of which could face harm if such information
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`were to be released publicly.
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`3.
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`There is support for filing portions of PMI/Altria’s Opposition, with a publicly filed
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`version containing strictly limited redactions. The Opposition contains material designated
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`confidential under the stipulated protective order. Accordingly, PMI/Altria are required to file this
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`material under seal pursuant to the stipulated protective order. Placing these materials under seal
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`is proper because the public’s interest in access is outweighed by a party’s interest in “preserving
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`2
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`Case 1:20-cv-00393-LO-TCB Document 968-1 Filed 02/11/22 Page 3 of 3 PageID# 27370
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`confidentiality” of the limited amount of confidential information that is “normally unavailable to
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`the public.” Flexible Benefits Council v. Feltman, No. 08-cv-371, 2008 WL 4924711, at *1 (E.D.
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`Va. Nov. 13, 2008); see also U.S. ex rel. Carter, 2011 WL 2077799, at *3.
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`Therefore, based on the findings above, for good cause show, it is hereby
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`ORDERED that the motion is GRANTED, and PMI/Altria are granted leave to file a
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`REDACTED version of their Opposition to RJR’s Motions in Limine Nos. 4 and 5, and Exhibits
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`A, B, and F thereto.
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`And to file UNDER SEAL an unredacted version of their Opposition to RJR’s Motions in
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`Limine No. 4 and 5, and Exhibits A, B and F thereto.
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`And FURTHER ORDERED that the unredacted version of the Opposition to RJR’s
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`Motions in Limine No. 4 and 5, and Exhibits A, B, and F thereto, shall remain SEALED until
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`further order of the Court.
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`ENTERED this ____ day of __________, 2022.
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`Alexandria, Virginia
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`__________________________________
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`3
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