Free Motion for Leave to File - District Court of Delaware - Delaware

I Case 1 :08-cv-00361-JJF Document 1 Filed 06/16/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
_ STILTON INTERNATIONAL )
_ HOLDINGS LIMITED, )
I Petitioner, i
v. I C.A. No.
A CIS FINANCIAL SERVICES, INC. and i
CARGILL, INCORPORATED, )
Respondents. I I
MOTION FOR LEAVE TO FILE PETITION,
MOTION AND MEMORANDUM UNDER SEAL
Petitioner Stilton International Holdings Limited (“Stiltor1”), through its
undersigned attorneys, hereby seeks leave to file its Petition to Confirm Arbitration Award,
A Motion for Confirmation of Arbitration Award and Entry of Judgment, and Memorandum of
Law in Support of Motion for Confirmation of Arbitration Award and Entry of Judgment (and
collectively all attachments thereto) in the above-captioned matter under seal. In support of this
motion, Stilton states as follows:
1. Stilton’s Petition against Respondents CIS Financial Services ("CISFS")
and Cargiil, Incorporated ("Cargili") (collectively, "Respondents") seeks from this Court an
i Order pursuant to Section 207 of the Federal Arbitration Act confirming an arbitration award
duly executed in counterparts on May 20 and May 21, 2008 (the "Final Award"). In order to
explain the rights and obligations of the parties with respect to the Final Award, which Stilton
I maintains is not confidential, the Petition and related filings set forth certain other information
that may be considered confidential by one or more ofthe parties to this action.

A Case 1 :08-cv-00361-JJF Document 1 Filed 06/16/2008 Page 2 of 3
2. Out of respect for the arbitration process and the Confidentiality
Stipulation and Order in place in the arbitration proceedings, Stilton seeks leave to file its
p Petition and reiated rilings under seal at this time so that it may confer with Respondents as to
the nature and extent of redactions to material other than the Final Award, if any, that may be
required to file Public Versions of the pleadings.
3. Finally, Stilton is entitled to fiie this motion under seal. In Litilejohn v.
· Bic Corp., 851 F.2d 673 (3d Cir. 1988), the Third Circuit held that, though the common law
afforded the public the right of access to judicial proceedings and records, that "right is not
absolute? Id at 677-78 (citing Nixon v. Warner Comm., Inc., 435 U.S. 589, 598 (i978). Rather,
"[courts may deny access to judicial records, for example, where they are sources of business
information that might harm a litigant’s competitive standing? Id at 678 (quoting Nixon, 435
8 U.S. at 598) (emphasis added); see also Leucadia, Inc. v. Applied Extrusion Tech.,_,_Inc., 998
F.2d 157, 162 (3d Cir. 1993) ("I)ocuments containing trade secrets or other confidential business
information may be protected from disclosure?).
WHEREFORE, Stilton respectfully requests ieave to file its Petition to Confirm
Arbitration Award, Motion for Confirmation of Arbitration Award and Entry of Judgment, and
Menioranduin of Law in Support of Motion for Continuation of Arbitration Award and Entry of
I Judgment (and collectively ali attachments thereto) in this matter under seal.
I 2

Case 1 :08-cv-00361-JJF Document 1 Filed 06/16/2008 Page 3 of 3
. POTTER AFDERSON & CORROON LLP
it
OF COUNSEL: . By:
Kevin R. Shannon (#3137)
i Bruce G. Paulsen David E. Moore (#3983)
Jeffrey M. Dine 1313 N. Market Street
L Paula Odysseos Hercules Plaza, 6**}* Pioor
SEWARD & KISSEL LLP P. O. Box 951
1 Battery Park Plaza Wilmington, DE 19899
New York, New York Tel: (302) 984-6000
Tel: (212) 574-1200 [email protected]
. [email protected]
Dated: June 16, 2008 Attorneys for Petitioner Stilton International
869589/33162 Holdings Limited
3

Case 1 :08-cv-00361-JJF Document 1-2 Filed 06/16/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
` STILTON INTERNATIONAL )
HOLDINGS LIMITED, )
Petitioner, I
E v. I C.A. No.
CIS FINANCIAL SERVICES, INC. and I
CARGILL, INCORPORATED, )
A Respondents. I an I
I ORDER
Upon application of Petitioner Stilton International Holdings Limited ("Stilton"),
and for good cause shown,
IT IS HEREBY ORDERED this day of , 2008,
that Stiiton may file its Petition to Confirm Arbitration Award, Motion for Confirmation of
Arbitration Award and Entry of Judgment, and Memorandum of Law in Support of Motion for
Confirmation of Arbitration Award and Entry of Judgment (and coilectiveiy all attachments
thereto) in the abovewaptioned matter under seal.

assess

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