U.S. v. Philip Morris USA Inc.

Full title: UNITED STATES OF AMERICA, Plaintiff, v. PHILIP MORRIS USA INC. (f/k/a…

Court: United States District Court, D. Columbia

Date published: Nov 1, 2004

Civil Action No. 99-CV-2496 (GK) (D.D.C. Nov. 1, 2004)

Opinion

Civil Action No. 99-CV-2496 (GK).

November 1, 2004

FINDINGS AND ORDER #751 ON U.S. EXHIBIT 21,863 DESIGNATED BY R.J. REYNOLDS TOBACCO COMPANY AS CONTAINING HIGHLY SENSITIVE INFORMATION PURSUANT TO ORDER #638

GLADYS KESSLER, District Judge

Upon consideration of Defendant R.J. Reynolds Tobacco Company's ("Reynolds") Notice Of Assertions Of Confidentiality Protection At Trial Of Specified Trial Exhibits And Designated Prior Testimony, Memorandum In Support Of Redactions Of Highly Sensitive Information From U.S. Exhibit No. 21,863, the Declaration Of James E. Swauger, the absence of the Opposition, and the entire record herein, it is this 1st day of November, 2004, hereby

ORDERED that Reynolds' request to redact certain information from U.S. Exhibit 21,863 as Highly Sensitive Information is granted based on the following findings:

1. Plaintiff has identified U.S. Exhibit No. 21,863 (Bates No. 51806 4224-4255) on its trial exhibit list. Reynolds has designated certain information as Highly Sensitive Information.

2. Reynolds specifically seeks to redact detailed information regarding the methods, ingredients, and processes Reynolds uses in making various types of G7 reconstituted tobacco sheet from page 4227 and the formula for TM (or "Tar Modification") on page 4237 of U.S. Exhibit No. 21,863.

3. Reynolds has provided evidence, including the Declaration of James E. Swauger, establishing that the information Reynolds seeks to redact from U.S. Exhibit No. 21,863 constitutes Highly Sensitive Information, that the public disclosure of that Highly Sensitive Information during trial would cause significant and irreparable competitive injury to Reynolds, and that Reynolds has undertaken precautions to protect its proprietary and confidential information.

4. Upon review of U.S. Exhibit 21,863 and the Declaration of James E. Swauger, the Court finds that the redacted information in U.S. Exhibit No. 21,863 constitutes Highly Sensitive Information and that the public disclosure of that Highly Sensitive Information would cause significant and irreparable competitive injury to Reynolds.

5. Having considered (i) the need for public access to the Information at issue; (ii) the extent to which the public has had prior access to the Information; (iii) the fact that no party has objected to disclosure of the Information; (iv) the strength of the property interests involved; (v) the possibility of prejudice to those opposing disclosure; and (vi) the purposes for which the Information is introduced, the Court finds that U.S. Exhibit No. 21,863 in unredacted form shall not be used in any Trial Proceedings or filings that are accessible to the public.

Now therefore, it is ORDERED that the unredacted form of U.S. Exhibit No. 21,863 shall be sealed and protected from disclosure pursuant to the provisions of Court Order #638, ¶¶ (5), 5(f), (7) and (9) and that the substance of the redacted Highly Sensitive Information shall not be disclosed during trial.