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: Jetro Holdings, LLC v. Tyson Foods, Inc., et al., Case No. 1:18-cv-04000 Case No. 1:16-cv-08637 Hon. Thomas M. Durkin JETRO HOLDINGS, LLC’S MOTION FOR LEAVE TO FILE ITS FIRST AMENDED COMPLAINT Case: 1:16-cv-08637 Document #: 2042 Filed: 04/15/19 Page 1 of 4 PageID #:91017 1 Pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, Plaintiff Jetro Holdings, LLC (“Jetro”) hereby respectfully submits this Motion for Leave to File its First Amended Complaint (the “Motion”). In support of the Motion, Jetro states as follows: 1. Jetro seeks to amend its complaint to add as defendants additional producers that participated in the conspiracy with the existing Defendants in violation of Section 1 of the Sherman Act. These companies, which Jetro identified in its original complaint as producer co-conspirators, are the following: Amick Farms, LLC (“Amick”); and Case Foods, Inc.; Case Farms, LLC; and Case Farms Processing, Inc. (collectively, “Case Farms”). 2. On June 8, 2018, Jetro filed its complaint against Defendants alleging that they had conspired and combined to fix, raise, maintain and stabilize the price of Broilers in violation of Section 1 of the Sherman Act. 3. On June 20, 2018, the Court granted Jetro’s motion to reassign the case based on relatedness. 4. On November 19, 2018, the Court entered Scheduling Order No. 9, which sets an April 15, 2019 deadline for Jetro, as one of the Current Direct Action Plaintiffs, to amend its complaint. 5. During the course of discovery, Jetro acquired information supporting the inclusion of Amick and Case Farms as named Defendants. 6. Jetro therefore seeks the Court’s leave to file its First Amended Complaint. Jetro seeks to amend its complaint only to add Amick and Case Farms as named Defendants and to Case: 1:16-cv-08637 Document #: 2042 Filed: 04/15/19 Page 2 of 4 PageID #:91018 2 include factual allegations necessary to support their participation in the alleged conspiracy. 7. The Federal Rules of Civil Procedure provide that the “court should freely give leave” to amend “when justice so requires.” FED. R. CIV. P. 15(a)(2). 8. Justice requires that Jetro be allowed to file its First Amended Complaint. The information necessary to support the inclusion of Amick and Case Farms as named Defendants only recently came to light in discovery. 9. The filing of Jetro’s First Amended Complaint will not unduly prejudice Defendants. Jetro’s deadline for amending its complaint is April 15, 2019. Dkt. No. 1416. 10. The filing of Jetro’s First Amended Complaint will not unduly delay the case or prejudice Defendants. Amick and Case Farms received advance notice that they may be included as named Defendants as discovery progressed, because they were included as co-conspirators in many of the complaints filed in this action. Moreover, the Court, on January 17, 2019, granted the DPPs’ and IPPs’ motions for leave to file amended complaints that, inter alia, added Amick and Case Farms as named Defendants. Dkt. No. 1562. 11. Attached as Exhibit A is a redacted copy of Jetro’s First Amended Complaint. A redacted redline of the First Amended Complaint against Jetro’s original complaint is attached as Exhibit B. 12. We communicated with Defendants regarding the filing of this Motion, and Defendants did not consent to our request for leave to amend. Wherefore, Plaintiff Jetro Holdings, LLC requests leave to file its First Amended Complaint. Case: 1:16-cv-08637 Document #: 2042 Filed: 04/15/19 Page 3 of 4 PageID #:91019 3 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 #: 2042 Filed: 04/15/19 Page 4 of 4 PageID #:91020