Greenville IL et al v. Syngenta Crop Protection, Inc. et al

Filing 119

MEMORANDUM AND ORDER TO SHOW CAUSE granting 116 SEALED MOTION to Substitute Brief, denying as moot 114 SEALED MOTION to strike declarations. Plaintiff ordered to show cause why their Motion to Strike [114} and Exhibits 115 should not be unsealed. Signed by Judge J. Phil Gilbert on 12/21/2010. (dka, )

-PMF Greenville IL et al v. Syngenta Crop Protection, Inc. et al

Doc. 119

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CITY OF GREENVILLE, ILLINOIS, et al., Individually and on behalf of all others similarly situated, Plaintiffs, v. SYNGENTA CROP PROTECTION, INC., and SYNGENTA AG, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 10-188-JPG

MEMORANDUM AND ORDER TO SHOW CAUSE Before the Court is the plaintiffs' Motion to Substitute Brief (Doc. 116). The Court hereby GRANTS the Motion (Doc. 116) and ORDERS that the plaintiffs shall have up to and including December 27, 2010, to electronically file their substitute motion to strike. The original motion to strike (Doc. 114) is DENIED as moot in light of the anticipated substitute motion. In addition, it is not immediately apparent why the plaintiffs filed their motions under seal. Court records are presumptively open to the public. The Seventh Circuit Court of Appeals has observed: What happens in the halls of government is presumptively public business. Judges deliberate in private but issue public decisions after public arguments based on public records. The political branches of government claim legitimacy by election, judges by reason. Any step that withdraws an element of the judicial process from public view makes the ensuing decision look more like fiat, which requires compelling justification. Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 568 (7th Cir. 2000). The Court ORDERS the plaintiffs to SHOW CAUSE on or before January 3, 2011, why their motion to strike (Doc. 114), its exhibits (Doc. 115), their motion to substitute (Doc. 116), (and their forthcoming

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substitute motion) should not be unsealed. The defendants shall have ten days from the plaintiffs' filing to respond. DATED: December 21, 2010 s/J. Phil Gilbert Judge J. Phil Gilbert