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 UNDER SEAL EXHIBITS TO ITS MOTION FOR LEAVE TO FILE ITS FIRST AMENDED COMPLAINT Case: 1:16-cv-08637 Document #: 2048 Filed: 04/15/19 Page 1 of 4 PageID #:91625 1 Pursuant to Local Rule 26.2, Plaintiff Maximum Quality Foods, Inc. (“Maximum Quality Foods”) hereby respectfully submits this motion (“Motion”) for leave to file under seal certain information contained in its First Amended Complaint (“FAC”). In support of the Motion, Maximum Quality Foods states as follows: 1. On October 2, 2018, Maximum Quality Foods filed a Complaint in the United States District Court for the Northern District of Illinois. On October 3, 2018, Maximum Quality Foods filed a motion to reassign its case based on relatedness to In re Broiler Chicken Antitrust Litigation. 2. On October 3, 2018, the Court granted Maximum Quality Foods’ motion to reassign the case based on relatedness. 3. On April 15, 2019, Maximum Quality Foods filed a Motion for Leave to File Its First Amended Complaint. 4. Pursuant to Local Rule 26.2, concurrently with the filing of this Motion, Maximum Quality Foods is electronically filing a redacted version of its FAC (Exhibit A to Maximum Quality Foods’ Motion for Leave to File Its First Amended Complaint) and a redacted version of the redline to the FAC (Exhibit B to Maximum Quality Foods’ Motion for Leave to File Its First Amended Complaint). 5. Because certain information referred to or described in Maximum Quality Foods’ 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 Case: 1:16-cv-08637 Document #: 2048 Filed: 04/15/19 Page 2 of 4 PageID #:91626 2 sealing of substantially similar material from pleadings by other plaintiffs as part of this litigation. 6. Maximum Quality Foods is therefore filing electronically redacted versions 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 those documents under seal. Wherefore, Plaintiff Maximum Quality Foods, Inc. requests leave to file under seal Exhibits A-B to Maximum Quality Foods’ Motion for Leave to File Its First Amended Complaint. 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 Case: 1:16-cv-08637 Document #: 2048 Filed: 04/15/19 Page 3 of 4 PageID #:91627 3 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 #: 2048 Filed: 04/15/19 Page 4 of 4 PageID #:91628