Maplevale Farms, Inc. v. Koch Foods, Inc. et al

MOTION

N.D. Ill.April 29, 2019

010636-11 1121424 V1 -1- UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN RE BROILER CHICKEN ANTITRUST LITIGATION No. 1:16-cv-08637 This Document Relates To: All End-User Consumer Plaintiff Actions Honorable Thomas M. Durkin Magistrate Judge Jeffrey T. Gilbert END-USER CONSUMER PLAINTIFFS’ MOTION FOR LEAVE TO FILE UNDER SEAL FOURTH CONSOLIDATED AMENDED CLASS ACTION COMPLAINT End-User Consumer Plaintiffs (Plaintiffs), through their undersigned counsel, and pursuant to Local Rule 26.2 of the Local Rules of the United States District Court for the Northern District of Illinois, respectfully move this Court for entry of an order granting Plaintiffs leave to file under seal their Fourth Consolidated Amended Class Action Complaint (FAC). In support, Plaintiffs state the following: 1. On April 29, 2019, Plaintiffs filed a Motion for Leave to File Instanter Their Fourth Consolidated Amended Class Action Complaint. (ECF No. 2170). Attached as Exhibit A was the redacted version of the FAC. Attached as Exhibit B was the redacted redline of the SAC against the Third Consolidated Amended Class Action Complaint (TAC). 2. Certain portions of the FAC contain confidential information from documents marked “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” and “HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.” 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 Case: 1:16-cv-08637 Document #: 2172 Filed: 04/29/19 Page 1 of 4 PageID #:103347 010636-11 1121424 V1 -2- iteration of the complaint.” A redline of the FAC will also necessarily include the same confidential information. 3. 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 11). 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.” L.R. 26.2(c). 5. In compliance with Local Rule 26.2(c), Plaintiffs filed a public-record version of the SAC, as well as a public-record version of the redline of the SAC against the CAC, with only the portions containing confidential information redacted. WHEREFORE, End-User Consumer Plaintiffs respectfully request this Court enter an order granting them leave to file under seal Exhibits A-B to their Motion for Leave to File Instanter Their Fourth Consolidated Amended Class Action Complaint. DATED: April 29, 2019 HAGENS BERMAN SOBOL SHAPIRO LLP By /s/ Steve W. Berman STEVE W. BERMAN 1301 Second Avenue, Suite 2000 Seattle, Washington 98101 Tel: (206) 623-7292 steve@hbsslaw.com Elizabeth A. Fegan HAGENS BERMAN SOBOL SHAPIRO LLP 455 N. Cityfront Plaza Drive Suite 2410 Chicago, IL 60611 Tel: (708) 628-4949 beth@hbsslaw.com Case: 1:16-cv-08637 Document #: 2172 Filed: 04/29/19 Page 2 of 4 PageID #:103348 010636-11 1121424 V1 -3- Shana E. Scarlett HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Tel: (510) 725-3000 shanas@hbsslaw.com Interim Lead Counsel for End-User Consumer Plaintiffs Kit A. Pierson Brent W. Johnson COHEN MILSTEIN SELLERS & TOLL, PLLC 1100 New York Ave. NW Suite 500, West Tower Washington, DC 20005 Tel: (202) 408-4600 kpierson@cohenmilstein.com bjohnson@cohenmilstein.com Daniel H. Silverman COHEN MILSTEIN SELLERS & TOLL, PLLC 190 South LaSalle Street, Suite 1705 Chicago, IL 60603 Tel: (312) 357-0370 dsilverman@cohenmilstein.com Additional Counsel for End-User Consumer Plaintiffs Case: 1:16-cv-08637 Document #: 2172 Filed: 04/29/19 Page 3 of 4 PageID #:103349 010636-11 1121424 V1 -4- CERTIFICATE OF SERVICE The undersigned, an attorney, hereby certifies that on April 29, 2019 a true and correct copy of the foregoing was electronically filed by CM/ECF, which caused notice to be sent to all counsel of record. By: /s/ Steve W. Berman STEVE W. BERMAN Case: 1:16-cv-08637 Document #: 2172 Filed: 04/29/19 Page 4 of 4 PageID #:103350