Maplevale Farms, Inc. v. Koch Foods, Inc. et alMOTIONN.D. Ill.April 15, 2019 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN RE BROILER CHICKEN ANTITRUST LITIGATION This Document Relates To: Darden Restaurants, Inc. v. Tyson Foods, Inc., et al., Case No. 1:19-cv-00530 Case No. 1:16-cv-08637 Hon. Thomas M. Durkin DARDEN RESTAURANTS, INC.’S MOTION TO FILE PORTIONS OF ITS FIRST AMENDED COMPLAINT UNDER SEAL Case: 1:16-cv-08637 Document #: 2036 Filed: 04/15/19 Page 1 of 3 PageID #:90363 1 Pursuant to Local Rule 26.2, Plaintiff Darden Restaurants, Inc. (“Darden”) hereby respectfully submits this motion (“Motion”) for leave to file under seal certain information contained in its First Amended Complaint (“FAC”).1 In support of the Motion, Darden states as follows: 1. On January 25, 2019, Darden filed a Complaint in the United States District Court for the Northern District of Illinois. That same day, Darden filed a motion to reassign its case based on relatedness to In re Broiler Chicken Antitrust Litigation. 2. On January 28, 2019, the Court granted Darden’s motion to reassign the case based on relatedness. 3. Contemporaneously with the filing of this Motion to Seal, Darden is filing its FAC and a redline of Darden’s FAC against its original Complaint (“redline to the FAC”). 4. Because certain information referred to or described in Darden’s FAC has been designated as confidential or highly confidential by defendants pursuant to the Agreed Confidentiality Order entered as part of In re Broiler Chicken Antitrust Litigation, we believe that the circumstances require redaction of that material from the version of the FAC that is filed in the public record in this Court. This Court previously ordered the sealing of substantially similar material from pleadings by other plaintiffs as part of this litigation. 5. Darden is therefore filing electronically a redacted version of its FAC and of the redline to the FAC, and hereby respectfully moves the Court for leave to permit it to file the unredacted versions of its FAC and of the redline to the FAC under seal. 1 Pursuant to Local Rule 26.2, concurrently with this Motion, Darden is electronically filing a redacted version of the FAC. Case: 1:16-cv-08637 Document #: 2036 Filed: 04/15/19 Page 2 of 3 PageID #:90364 2 Wherefore, Plaintiff Darden Restaurants, Inc. requests leave to file the unredacted version of its First Amended Complaint and of the redline to the First Amended Complaint under seal. Respectfully Submitted, Dated: April 15, 2019 /s/ Terence H. Campbell Philip J. Iovieno Anne M. Nardacci Ryan T. McAllister Mark A. Singer BOIES SCHILLER FLEXNER LLP 30 South Pearl Street Albany, NY 12207 Tel: (518) 434-0600 Fax: (518) 434-0665 piovieno@bsfllp.com anardacci@bsfllp.com msinger@bsfllp.com rmcallister@bsfllp.com Nicholas A. Gravante, Jr. BOIES SCHILLER FLEXNER LLP 55 Hudson Yards New York, NY 10001 Tel: (212) 446-2300 Fax: (212) 446-2350 ngravante@bsfllp.com Terence H. Campbell COTSIRILOS, TIGHE, STREICKER, POULOS & CAMPBELL, LTD. 33 North Dearborn Street Suite 600 Chicago, IL 60602 Tel: (312) 263-0345 Fax: (312) 263-4670 tcampbell@cotsiriloslaw.com Attorneys for Plaintiff Case: 1:16-cv-08637 Document #: 2036 Filed: 04/15/19 Page 3 of 3 PageID #:90365