IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
December 21, 2010
CITY OF GREENVILLE, ILLINOIS, ET AL., INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
SYNGENTA CROP PROTECTION, INC.,AND SYNGENTA AG, DEFENDANTS.
The opinion of the court was delivered by: J. Phil Gilbert Judge
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 substitute motion) should not be unsealed. The defendants shall have ten days from the plaintiffs' filing to respond.
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