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: Maximum Quality Foods, Inc. v. Tyson Foods, Inc., et al., Case No. 1:18-cv-06673 Case No. 1:16-cv-08637 Hon. Thomas M. Durkin MAXIMUM QUALITY FOODS, INC.’S MOTION FOR LEAVE TO FILE ITS FIRST AMENDED COMPLAINT Case: 1:16-cv-08637 Document #: 2046 Filed: 04/15/19 Page 1 of 4 PageID #:91324 1 Pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, Plaintiff Maximum Quality Foods, Inc. (“Maximum Quality Foods”) hereby respectfully submits this Motion for Leave to File its First Amended Complaint (the “Motion”). In support of the Motion, Maximum Quality Foods states as follows: 1. Maximum Quality Foods 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 Maximum Quality Foods identified in its original complaint as producer co-conspirators, are the following: Case Foods, Inc.; Case Farms, LLC; and Case Farms Processing, Inc. (collectively, “Case Farms”). 2. On October 2, 2018, Maximum Quality Foods 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 October 3, 2018, the Court granted Maximum Quality Foods’ 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 Maximum Quality Foods, as one of the Current Direct Action Plaintiffs, to amend its complaint. 5. During the course of discovery, Maximum Quality Foods acquired information supporting the inclusion of Case Farms as a named Defendant. 6. Maximum Quality Foods therefore seeks the Court’s leave to file its First Amended Complaint. Maximum Quality Foods seeks to amend its complaint only to add Case Farms Case: 1:16-cv-08637 Document #: 2046 Filed: 04/15/19 Page 2 of 4 PageID #:91325 2 as a named Defendant and to include factual allegations necessary to support Case Farms’ 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 Maximum Quality Foods be allowed to file its First Amended Complaint. The information necessary to support the inclusion of Case Farms as a named Defendant only recently came to light in discovery. 9. The filing of Maximum Quality Foods’ First Amended Complaint will not unduly prejudice Defendants. Maximum Quality Foods’ deadline for amending its complaint is April 15, 2019. Dkt. No. 1416. 10. The filing of Maximum Quality Foods’ First Amended Complaint will not unduly delay the case or prejudice Defendants. Case Farms received advance notice that it may be included as named a Defendant as discovery progressed, because it was included as a co- conspirator 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 Case Farms as a named Defendant. Dkt. No. 1562. 11. Attached as Exhibit A is a redacted copy of Maximum Quality Foods’ First Amended Complaint. A redacted redline of the First Amended Complaint against Maximum Quality Foods’ 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 Maximum Quality Foods, Inc. requests leave to file its First Amended Complaint. Case: 1:16-cv-08637 Document #: 2046 Filed: 04/15/19 Page 3 of 4 PageID #:91326 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 Sal Roccaro LAW OFFICES OF SAL ROCCARO LLC 8 Cellar Avenue Clark, NJ 07066 Tel: (732) 856-0758 sgroccaro@gmail.com Attorneys for Plaintiff Case: 1:16-cv-08637 Document #: 2046 Filed: 04/15/19 Page 4 of 4 PageID #:91327