Cargill, Incorporated v. Clark Farm 2, LLC

Filing 19

RULING granting 8 MOTION to Stay Proceedings Pending Arbitration filed by Cargill, Incorporated. This case shall be administratively closed pending arbitration proceedings. FURTHER ORDERED that the parties shall advise the Court of the findings within 10 days after the arbitrator's ruling.. Signed by Judge Frank J. Polozola on 1/8/2009. (JDL, )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

CARGILL INCORPORATED CIVIL ACTION VERSUS NO. 08-460-FJP-SCR CLARK FARM 2, LLC RULING This matter is before the Court on plaintiff Cargill

Incorporated's motion to stay proceedings pending arbitration1 which was filed on October 24, 2008. The defendant filed an opposition on December 17, 2008,2 which is untimely under Local Rule 7.5M.3 The defendant did not file a motion for leave of court

to file its opposition until December 29, 2008, substantially late under the local rules of this Court. No reason was given for the

defendant's failure to timely file an opposition or a motion for leave to file an opposition. submitted with plaintiff's In any event, based on the evidence motion and considering the tardy

opposition filed by the defendant, the Court also finds that the

1

Rec. Doc. No. 8. Rec. Doc. No. 15.

2

See Local Rule 7.5M, which requires "[e]ach respondent opposing a motion [to] file a response, including opposing affidavits, memorandum, and such supporting documents as are then available, within 20 days after service of the motion." Doc#45647

3

motion to stay pending arbitration should be granted as a matter of fact and law. The Court adopts as its opinion the decision

rendered by Judge John V. Parker in Cargill, Inc. V. Clark Farms #1, L.L.C., CV 08-456-JVP-CN (Middle District of Louisiana).4 Therefore: IT IS ORDERED that plaintiff's motion to stay pending

arbitration proceedings is hereby granted. IT IS FURTHER ORDERED that this case shall be administratively closed pending the arbitration proceedings. IT IS FURTHER ORDERED that the parties shall advise the Court of the findings of the arbitration proceedings within 10 days after the arbitrator's ruling and shall further advise the Court at the same time whether the case needs to be reopened for further proceedings. IT IS SO ORDERED. Baton Rouge, Louisiana, January 8, 2009.

9 FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

4

Rec. Doc. No. 14 in CV 08-456-JVP-CN.

Doc#45647