Free Motion to Seal Document - District Court of Delaware - Delaware

Case 1:08-cv-00361-JJF

Document 10

Filed 07/03/2008

Page 1 of 3

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

HOLDINGS LIMITED

Petitioner

A. No. 08- 361 (JJF)

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

RESPONDENTS' MOTION FOR LEAVE TO FILE UNDER SEAL THEIR CROSS- MOTION TO VACATE OR AL ARBITRATION A THE MOTION FOR CONFIRMATION OF ARBITRA TION AWARD AND ENTRY OF JUDGMENT AND IN SUPPORT OF CROSS- MOTION
Respondents Cargill , Incorporated (" Cargill ,
Inc.

) and CIS

Inc. (" CISFS" , collectively " Cargill" ) hereby seek leave to file under seal their
Motion to Vacate or Alternatively to Modify Arbitration Award and

Opposition to the Motion for Confirmation of Arbitration Award and Entry of Judgment
and in Support of Cross- Motion

to Vacate or Alternatively to Modify Arbitration Award

Opposition and Cross- Motion

) and all

matter. In support of this Motion , Cargill states as follows:

Petitioner Stilton International Holdings Limited (" Stilton
action on June 16 , 2008 by filing a Petition to Confirm an Arbitration A

) initiated this

section 207 of the Federal Arbitration Act (" Petition

) (D.

I. 2J. The
Stilton

issue was executed on May 20 and May 21 2008 (the " Award" ).

filed a
Confirmation Motion
) (D. I.

3J.

Case 1:08-cv-00361-JJF

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Stilton also filed a Motion to file the Petition , Confirmation Motion and
Memorandum in support of the Confirmation Motion under seal (" Seal Motion
The Court granted Stilton s Seal Motion on June 19 2008 (D. I. 6J.
) (D. I.1).

In its Seal Motion , Stilton asserted that while the A
confidential , other information set forth in the Petition may be considered confidential by
the parties. (D.

I. 1 at'illJ. This same

s Opposition and CrossOpposition and Cross- Motion

Motion being filed under seal. Cargill' s

and

attachments utilize information ancillary to the actual terms
considered confidential by the parties.

Further the parties had a Confidentiality Stipulation and Order in place for

the arbitration proceedings. Cargill would request that its Opposition and Cross- Motion
along with supporting attachments be permitted to be filed under seal to allow the parties

time to address the confidentiality
Stipulation in the arbitration.

Documents containing
information may be protected from disclosure.
Leucadia, Inc.
v.

Applied Extrusion

Tech. , Inc. 998 F.2d 157 , 166 (3d Cir. 1993). " (CJourts have refused to permit their files

to serve as
standing.
Id. (quoting Nixon v.

s competitive
Warner Comm., Inc. 435 U. S. 589 ,

598 (1978).

Opposition and Cross- Motion

along with the supporting attachments contain confidential

business information related to the parties and therefore may be filed under seal.
WHEREFORE Cargill , Incorporated and CIS Financial Services , Inc. respectfully

request that the Court enter an order in the form

623. 002- 21023

Case 1:08-cv-00361-JJF

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permission to file their Cross- Motion to Vacate or Alternatively to Modify the Arbitration
A ward and Memorandum in Opposition to the

Award and Entry of Judgment and in Support of Cross- Motion to Vacate or Alternatively
to Modify Arbitration Award and all attachments thereto under seal.

LANDIS RA TH & 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 3 , 2008

623. 002-21023

Case 1:08-cv-00361-JJF

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Filed 07/03/2008

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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.

ORDER

Upon

, Incorporated and

Services , Inc. (collectively, " Cargill" ) and for good cause shown

IT IS

this

day of

2008

that Respondents may file their Motion to Vacate or Alternatively to Modify Arbitration

Award and their
Arbitration Award and Entry of Judgment and in Support of Cross-Motion to Vacate or
Alternatively to Modify Arbitration Award and all attachments thereto under seal.

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

623. 002- 21030