Free Redacted Document - District Court of Delaware - Delaware

Case 1:08-cv-00361-JJF

Document 20

Filed 07/15/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
STILTON INTERNATIONAL HOLDINGS LIMITED

Petitioner

A. No. 08- 361 (JJF)

CIS FINANCIAL SERVICES , INC. and CARGILL , INCORPORATED
Respondents.

PUBLIC VERSION

RESPONDENTS' CROSS- MOTION TO VACATE OR AL TERNA TIVEL Y TO
Respondents Cargill ,
collectively " Respondents

Incorporated and CIS Financial Services , Inc. (" CISFS"

) hereby move to vacate or alternatively modify the arbitration
, 2008 , pursuant to
99 1-

award rendered against Respondents dated as of May
Sections 10 and 11 of the Federal Arbitration Act , 9 U.S. C.

, as set forth in the

form of order
brief and exhibits in support of this Motion.

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WHEREFORE for the reasons set forth in this Motion , supporting Brief and
exhibits , Respondents respectfully request that this Court grant its Motion to

Alternatively to Modify the Arbitration Award.

LANDIS RATH & COBB LLP
OF COUNSEL Michael B. Fisco , Esquire
Will Stute ,

Esquire

Michael M. Krauss , Esquire AEGRE & BENSON LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis , MN 55402 (612)766- 7000

Daniel B. Rath , Esquire (No. 3022) Rebecca L. Butcher , Esquire (No. 3816) 919 Market Street , Suite 600 Wilmington , Delaware 19801 Telephone: (302) 467- 4400 Facsimile: (302) 467- 4450 Email: rath~lrclaw. com butcher~lrclaw. com

Attorneys for Respondents CIS

Services, Inc. and Cargill, Incorporated

DATE: July 15 2008

623. 002- 21153

Case 1:08-cv-00361-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
STIL TON

HOLDINGS LIMITED

Petitioner

A. No.

08- 361 (JJF)

CIS FINANCIAL SERVICES , INC. and CARGILL , INCORPORATED
Respondents.

ORDER

Upon motion of
(collectively, " Respondents
) to vacate or

, Incorporated and

, Inc.

rendered against Respondents dated as of May 20 and 21 2008

pursuant to Sections 10 and 11

of the Federal Arbitration Act , 9 US. C. 99 1-

, the Court having considered this Motion , the

briefs and exhibits filed in support of and in

, and having heard and

considered the arguments of counsel and it appearing that Respondents are entitled to vacation of
the arbitration award;

IT IS
Defendants ' Motion is GRANTED;
IT IS FURTHER ORDERED

this

day of

2008

that

that the arbitration award against Respondents dated as of

May 20 and 21 2008 is hereby vacated pursuant to section

Act , 9 US. C.

99 1- 16;

and

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IT IS FURTHER ORDERED

that Petitioner shall pay to Respondents costs of this

action.

The Honorable Judge Joseph J. Farnan , Jr. United States District Judge