Maplevale Farms, Inc. v. Koch Foods, Inc. et alMOTIONN.D. Ill.April 15, 20191 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN RE BROILER CHICKEN ANTITRUST LITIGATION This Document Relates To: Associated Grocers of the South, Inc., et al. v. Tyson Foods, Inc., et al. (Case No. 1:18-cv-4616) Case No. 1:16-cv-08637 The Honorable Thomas M. Durkin Magistrate Judge Jeffrey T. Gilbert AGS PLAINTIFFS’ MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF EXHIBITS 1 AND 2 TO THEIR MOTION FOR LEAVE TO FILE INSTANTER THEIR FIRST AMENDED COMPLAINT Plaintiffs Associated Grocers of the South, Inc., Meijer, Inc., Meijer Distribution, Inc., OSI Restaurant Partners, LLC, Publix Super Markets, Inc., SuperValu Inc., Unified Grocers, Inc., Associated Grocers of Florida, Inc., and Wakefern Food Corporation (collectively, “AGS Plaintiffs”), by their undersigned counsel, respectfully request that the Court enter an Order pursuant to Local Rule 26.2 granting Plaintiffs leave to file under seal portions of Exhibits 1 and 2 to their Motion for Leave to File Their First Amended Complaint (“FAC”). In support of this Motion, the AGS Plaintiffs state as follows: 1. On April 15, 2019, the AGS Plaintiffs filed their Motion for Leave to File Instanter Their First Amended Complaint (“Motion”). (Dkt. 2053). Attached as Exhibit 1 to the Motion is the proposed FAC. Attached as Exhibit 2 to the Motion is the redline of the proposed FAC against the Original Complaint (“Complaint”). 2. The AGS Plaintiffs’ proposed FAC references substantial amounts of factual information obtained through documents or deposition testimony that Defendants have designated as “CONFIDENTIAL or HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.” Case: 1:16-cv-08637 Document #: 2058 Filed: 04/15/19 Page 1 of 4 PageID #:93034 2 The Honorable Thomas M. Durkin requires that “amended Complaints should be submitted with a redline or other comparison document attached as an exhibit showing the amendments made to the previous iteration of the complaint.” A redline of the FAC will also necessarily include the same confidential information. 3. Paragraph 9 of the Confidentiality Order in the case (ECF No. 202) instructs that [a]ny party wishing to file a document designated as Confidential or Highly Confidential information in connection with a motion, brief or other submission to the Court must comply with Local Rule 26.2.” 4. Under Local Rule 26.2(c), “[a]ny party wishing to file a document or portion of a document electronically under seal in connection with a motion, brief or other submission must: . . . move the court for leave to file the document under seal.” 5. On April 15, 2019, in accordance with Local Rule 26.2(c), the AGS Plaintiffs provisionally filed, as Exhibits 1 and 2 to their Motion, a public-record version of their proposed FAC, as well as a public-record version of the redline of the FAC, both with redactions to the portions thereof that reference Defendants’ purported CONFIDENTIAL OR HIGHLY CONFIDENTIAL INFORMATION. A “clean” version of the proposed FAC will be provided to the Court and to counsel for all parties. 6. Pursuant to the Court’s Case Procedures, Plaintiffs requested that Defendants consent to their Motion. Defendants were unable to take an advance position. WHEREFORE, the AGS Plaintiffs respectfully request that this Court enter an Order granting them leave to file under seal the provisionally redacted portions of Exhibits 1 and 2 to their Motion for Leave to File Instanter Their First Amended Complaint. Case: 1:16-cv-08637 Document #: 2058 Filed: 04/15/19 Page 2 of 4 PageID #:93035 3 Dated: April 15, 2019 Respectfully submitted, By: /s/ David P. Germaine David P. Germaine Paul E. Slater Joseph M. Vanek David P. Germaine John P. Bjork SPERLING & SLATER, P.C. 55 West Monroe Street, Suite 3200 Chicago, Illinois 60603 Tel: (312) 641-3200 Fax: (312) 641-6492 PES@Sperling-law.com JVanek@Sperling-law.com DGermaine@Sperling-law.com JBjork@Sperling-law.com Phillip F. Cramer Ryan T. Holt SHERRARD ROE VOIGT & HARBISON, PLC 150 3rd Avenue South, Suite 1100 Nashville, Tennessee 37201 Phone: (615) 742-4200 pcramer@srvhlaw.com rholt@srvhlaw.com Counsel for Associated Grocers of the South, Inc., Meijer, Inc., Meijer Distribution, Inc., OSI Restaurant Partners, LLC, Publix Super Markets, Inc., Supervalu Inc.; Unified Grocers, Inc.; Associated Grocers of Florida, Inc.; and Wakefern Food Corp. Case: 1:16-cv-08637 Document #: 2058 Filed: 04/15/19 Page 3 of 4 PageID #:93036 4 CERTIFICATE OF SERVICE I hereby certify that on April 15, 2019, I caused a copy of the foregoing document to be served on all counsel of record via the CM/ECF system of the Northern District of Illinois. Dated: April 15, 2019 /s/ David P. Germaine Case: 1:16-cv-08637 Document #: 2058 Filed: 04/15/19 Page 4 of 4 PageID #:93037