Maplevale Farms, Inc. v. Koch Foods, Inc. et alMOTIONN.D. Ill.April 15, 2019UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS IN RE BROILER CHICKEN ANTITRUST LITIGATION This Document Relates To: Associated Wholesale Grocers, Inc. v. Koch Foods, Inc., et al. Main Case No. 1:16-cv-08637 Related Case No. 1:18-cv-06316 ASSOCIATED WHOLESALE GROCERS, INC.’S MOTION FOR LEAVE TO FILE UNDER SEAL EXHIBITS C AND D TO ITS MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT Plaintiff Associated Wholesale Grocers, Inc. (“AWG”), pursuant to Local Rule 26.2 of the Local Rules of the United States District Court for the Northern District of Illinois, respectfully moves this Court for entry of an order granting AWG leave to file under seal Exhibits C and D to its Motion for Leave to File First Amended Complaint. In support, AWG states the following: 1. On April 15, 2019, AWG filed its Motion for Leave to File First Amended Complaint. Attached as Exhibit A to that Motion is a public, redacted version of the First Amended Complaint. Attached as Exhibit B to that Motion is a redline of the public, redacted version of the First Amended Complaint compared to AWG’s current Complaint. In addition, pursuant to Local Rule 26.2(c), AWG simultaneously filed Exhibits C and D to its Motion for Leave to File First Amended Complaint provisionally under seal. Exhibit C is the proposed sealed version of the First Amended Complaint, which does not contain redactions, and Exhibit D is an un-redacted redline version showing changes in the First Amended Complaint. Case: 1:16-cv-08637 Document #: 2059 Filed: 04/15/19 Page 1 of 4 PageID #:93038 2 2. Certain portions of AWG’s First Amended Complaint contain information from documents produced by Defendants that Defendants designated “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” pursuant to the Agreed Confidentiality Order. (See ECF No. 202 at ¶ 2). 3. The Agreed Confidentiality Order provides that parties shall not disclose information designated as Confidential or Highly Confidential for any purpose other than the prosecution or defense of the parties’ claims. (ECF No. 202 at ¶ 6). AWG properly included information designated as Confidential or Highly Confidential in its First Amended Complaint for the purpose of prosecuting its claims against Defendants. 4. The Agreed Confidentiality Order 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.” (ECF No. 202 at ¶ 9). 5. 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.” L.R. 26.2(c). 6. In compliance with Local Rule 26.2, AWG filed as Exhibits A and B to the Motion for Leave to File its First Amended Complaint a public-record version of its First Amended Complaint, as well as a public-record, redlined version of the First Amended Complaint against its initial Complaint, with only the portions containing information gathered from documents and information designated as Confidential or Highly Confidential redacted. Case: 1:16-cv-08637 Document #: 2059 Filed: 04/15/19 Page 2 of 4 PageID #:93039 3 7. In further compliance with Local Rule 26.2, AWG provisionally filed under seal its Exhibits C and D to its Motion for Leave to File First Amended Complaint, which are the proposed documents to be sealed. 8. I also served Liaison Counsel for Defendants with the un-redacted documents that AWG requests permission to seal (i.e. Exhibits C and D as described herein). WHEREFORE, AWG respectfully requests that this Court enter an order granting it leave to file under seal Exhibits C and D to its Motion for Leave to File First Amended Complaint. Dated: April 15, 2019 Respectfully submitted, /s/ Amy D. Fitts Amy D. Fitts (IL Bar No. 6294248) Daniel D. Owen (pro hac vice) G. Gabriel Zorogastua (pro hac vice) POLSINELLI PC 900 W. 48th Place, Suite 900 Kansas City, MO 64112 Phone: (816) 421-3355 Fax: (816) 374-0509 afitts@polsinelli.com dowen@polsinelli.com gzorgastua@polsinelli.com Rodney L. Lewis (IL Bar No. 6288353) POLSINELLI PC 150 N. Riverside Plaza, Suite 3000 Chicago, IL 60606 Telephone: (312) 819-1900 Facsimile: (312) 819-1910 Email: rlewis@polsinelli.com Case: 1:16-cv-08637 Document #: 2059 Filed: 04/15/19 Page 3 of 4 PageID #:93040 4 CERTIFICATE OF SERVICE I hereby certify that on the 15th day of April, 2019, a true and correct copy of the foregoing was electronically filed and served on counsel for all parties properly registered to receive notice via the Court’s CM/ECF system. /s/ Amy D. Fitts Amy D. Fitts Attorney for Plaintiff Associated Wholesale Grocers, Inc. Case: 1:16-cv-08637 Document #: 2059 Filed: 04/15/19 Page 4 of 4 PageID #:93041