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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`In Re Broiler Chicken Antitrust
`Litigation
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`Case No.: 16-cv-8637
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`Judge Thomas Durkin
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`MOTION FOR REASSIGNMENT BASED ON RELATEDNESS
`PURSUANT TO LOCAL RULE 40.4
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`Plaintiff Zaxby’s Franchising LLC (“Plaintiff” or “Zaxby’s”), in 21-cv-486, pursuant to
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`Local Rule 40.4, respectfully moves this Court for reassignment of its case based on relatedness,
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`and in support thereof, states as follows:
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`1.
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`Zaxby’s seeks for this Court to transfer the case of Zaxby’s Franchising LLC v.
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`Tyson Foods, Inc. et al., 21-cv-486 (the “Zaxby’s Action”) pursuant to Local Rule 40.4 based on
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`a finding of relatedness.
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`2.
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`LR 40.4(c) directs that the “motion shall be filed in the lowest-numbered case of
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`the claimed related set and noticed before the judge assigned to that case.”
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`I.
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`LR 40.4(c)
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`3.
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`LR 40.4(c) directs the party filing the motion to attach a copy of the complaint from
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`the case thought to be related. The Zaxby’s complaint is attached hereto as Exhibit 1.
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`4.
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`LR 40.4(c) provides that a “motion for reassignment based on relatedness may be
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`filed by any party to a case,” and directs the party filing the motion to: (1) set forth point of
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`commonality of the cases in sufficient detail to indicate that the cases are related within the
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`meaning of sections (a), and (2) indicate the extent to which the conditions required by section (b)
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`will be met if the cases are found to be related.”
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`II.
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`LR 40.4(a)
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`1
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`Case: 1:16-cv-08637 Document #: 4231 Filed: 01/27/21 Page 2 of 4 PageID #:282512
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`5.
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`Pursuant to LR 40.4(a), two or more civil cases may be related if, “. . . (2) the cases
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`involve the same issues of fact or law;” or, “(3) the cases grow out of the same transaction or
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`occurrence.”
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`6.
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`The Court has already determined that a number of direct purchaser opt-out cases
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`are related to the instant action. See, e.g., 16-cv-09490, 16-cv-09421, 16-cv-08931, 16-cv-08851,
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`16-cv-09007, 16-cv-08737, 16-cv-09589, 16-cv-09684, 16-cv-08874, 16-cv-09912, 16-cv-09900,
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`17-cv-07176, 17-cv-08850, 18-cv-03471, 18-cv-00700, 18-cv-00245, 18-cv-00702, 18-cv-04000,
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`18-cv-04534, 18-cv-05341, 18-cv-05345, 18-cv-05351, 18-cv-05877, 18-cv-06316, 18-cv-06673,
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`18-cv-06693, 20-cv-1943, and 20-cv-2013.
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`7.
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`The present case, those already found to be related, and the newly filed Zaxby’s
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`Action are all related because all involve many of the same issues of fact and law and grow out of
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`the same basic occurrence.
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`8.
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`The present case and the related litigations allege claims based on the same
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`transaction or occurrence—a conspiracy among Defendants to artificially reduce or suppress
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`Broiler Chicken supply, fix Broiler Chicken prices, and rig bids for purchases of Broiler Chickens.
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`9.
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`Moreover, while the Defendants somewhat vary from case to case, the Defendants
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`in the complaint attached as Exhibit 1, and most of the Defendants in the present matter and related
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`litigations are nearly identical. See, e.g., Case Nos. 18-cv-700, 18-cv-702, 18-cv-4000, and 18-cv-
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`4534.
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`10.
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`The same law and authorities apply to Sherman Act claims and relate to the same
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`core of operative fact surrounding the alleged conspiracy.
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`III.
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`40.4(b)
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`2
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`Case: 1:16-cv-08637 Document #: 4231 Filed: 01/27/21 Page 3 of 4 PageID #:282513
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`11.
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`Pursuant to LR 40.4(b), this Court may reassign the Zaxby’s Action if it is related
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`to the present lawsuit under LR 40.4(a), “and each of the following criteria is met: (1) both cases
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`are pending in this Court; (2) the handling of both cases by the same judge is likely to result in a
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`substantial saving of judicial time and effort; (3) the earlier case had not progressed to the point
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`where designating a later filed case as related would be likely to delay the proceedings in the earlier
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`case substantially; and (4) the cases are susceptible of disposition in a single proceeding.”
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`12.
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`Aside from the Zaxby’s Action, all of the aforementioned litigation including all of
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`the cases listed in paragraph 6, are pending in the Northern District of Illinois before Judge Durkin.
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`13.
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`The Court can save substantial time and effort by, among other things, coordinating
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`discovery issues and briefing.
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`CONCLUSION
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`WHEREFORE Plaintiff Zaxby’s respectfully requests that this Honorable Court grant its
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`motion for reassignment based on relatedness pursuant to Northern District of Illinois Local Rule
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`40.4.
`Dated: January 27, 2021
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`Respectfully submitted,
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` /s/ Lori P. Lustrin
`Robert W. Turken (pro hac vice)
`Lori P. Lustrin (pro hac vice)
`Scott N. Wagner (pro hac vice)
`BILZIN SUMBERG BAENA PRICE &
`AXELROD LLP
`1450 Brickell Ave., Suite 2300
`Miami, Florida 33131-3456
`Telephone: 305-374-7580
`Facsimile: 305-374-7593
`rturken@bilzin.com
`llustrin@bilzin.com
`swagner@bilzin.com
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`Andrew P. Bleiman
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`Case: 1:16-cv-08637 Document #: 4231 Filed: 01/27/21 Page 4 of 4 PageID #:282514
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`Mark I. Fishbein
`MARKS & KLEIN, LLP
`1363 Shermer Road, Suite 318
`Northbrook, Illinois 60062
`Telephone: 312-206-5162
`Facsimile: 312-420-5568
`andrew@marksklein.com
`mark@marksklein.com
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`CERTIFICATE OF SERVICE
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`I, Andrew P. Bleiman, hereby certify that on January 27, 2021, I electronically filed the
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`foregoing Motion with the Clerk of the Court using the CM/ECF system, which sent
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`notification of such filing to all counsel of record.
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` /s/ Andrew P. Bleiman
`Andrew P. Bleiman
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