Maplevale Farms, Inc. v. Koch Foods, Inc. et alMOTIONN.D. Ill.April 15, 2019 MIAMI 6320229.1 84023/87425 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN RE BROILER CHICKEN ANTITRUST LITIGATION _______________________________________ SHAMROCK FOODS COMPANY and UNITED FOOD SERVICE, INC.; Plaintiffs, v. TYSON FOODS, INC.; et al. Defendants. Case No: 1:16-cv-08637 Judge Thomas Durkin Case No: 1:18-cv-7284 MOTION TO FILE UNDER SEAL EXHIBITS A AND B TO SHAMROCK’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT [DKT. NOS. 2025-1, 2025-2] Plaintiffs Shamrock Foods Company and United Food Service, Inc. (a wholly-owned subsidiary of Shamrock Foods Company, collectively “Shamrock”), through their undersigned counsel, and pursuant to Local Rule 5.7 move this Court for entry of an order permitting them to file under seal un-redacted versions of Exhibits A and B to their Motion for Leave to File Amended Complaint. In support, thereof, Shamrock states the following: 1. This is an action for anticompetitive and unlawful conduct in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, and Section 4 of the Clayton Act, 15 U.S.C. § 15(a). Shamrock alleges that Defendants and their Co-Conspirators entered into and engaged in a combination and conspiracy in unreasonable restraint of trade to artificially restrain supply and inflate the prices of broiler chickens in the United States. 2. On April 15, 2019, Shamrock sought leave to file an Amended Complaint [Dkt. No. 2025] Case: 1:16-cv-08637 Document #: 2027 Filed: 04/15/19 Page 1 of 3 PageID #:89432 MIAMI 6320229.1 84023/87425 3. Certain allegations of Shamrock’s Amended Complaint were derived from information that was marked as confidential and produced by Defendants pursuant to the Agreed Confidentiality Order in this action [Dkt. No. 202] (November 8, 2016) (“Confidentiality Order”). 4. In order to adhere to the Confidentiality Order and to maintain the purportedly confidential nature of the information upon which the new allegations of the Amended Complaint are predicated, Shamrock attached as Exhibits A and B to its Motion for Leave to File Amended Complaint redacted public versions of the Amended Complaint and redline comparing the Amended Complaint to the original Complaint (as required by this Court’s standing order) [Dkt Nos. 2025-1, 2025-2]. 5. Shamrock respectfully requests entry of an Order permitting Shamrock to file under seal un-redacted versions of Exhibits A and B to its Motion for Leave to File Amended Complaint [Dkt Nos. 2025-1, 2025-2]. DATED: April 15, 2019 BILZIN SUMBERG BAENA PRICE & AXELROD LLP By: /s/ Lori P. Lustrin Robert W. Turken (pro hac vice) Scott N. Wagner (pro hac vice) Lori P. Lustrin (pro hac vice) 1450 Brickell Ave Suite 2300 Miami, Florida 33131-3456 Tel: (305) 374-7580 Fax: (305) 374-7593 rturken@bilzin.com swagner@bilzin.com llustrin@bilzin.com CARPENTER LIPPS & LELAND LLP Josh Goldberg Steven C. Moeller 180 N. LaSalle Blvd., Suite 2105 Chicago, Illinois 60601-3129 Case: 1:16-cv-08637 Document #: 2027 Filed: 04/15/19 Page 2 of 3 PageID #:89433 MIAMI 6320229.1 84023/87425 Telephone: 312 777-4300 Facsimile: 312-777-4839 goldberg@carpenterlipps.com moeller@carpenterlipps.com Counsel for Plaintiffs Shamrock Foods Company and United Food Service, Inc. CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that a true and correct copy of the foregoing document was electronically served upon the parties and counsel of record on April 15, 2019. /s/ Lori P. Lustrin Lori P. Lustrin Case: 1:16-cv-08637 Document #: 2027 Filed: 04/15/19 Page 3 of 3 PageID #:89434