Case: 1:16-cv-08637 Document #: 4716 Filed: 05/26/21 Page 1 of 5 PageID #:302051
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`In Re Broiler Chicken Antitrust
`Litigation
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`Case No: 16-cv-08637
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`Judge Thomas Durkin
`Magistrate Judge Jeffrey T. Gilbert
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`PLAINTIFFS WHATABRANDS LLC AND WHATABURGER RESTAURANTS LLC
`MOTION FOR REASSIGNMENT
`BASED ON RELATEDNESS PURSUANT TO LOCAL RULE 40.4
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`Plaintiffs Whatabrands LLC and Whataburger Restaurants LLC (“Plaintiffs”) in Case No.
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`21-cv-02844, by and through undersigned counsel and pursuant to Local Rule 40.4, respectfully
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`moves this Court for reassignment of its case based on relatedness and, in support thereof,
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`Plaintiffs state as follows:
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`1.
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`Plaintiffs seek for this Court to transfer the case, Whatabrands LLC and
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`Whataburger Restaurants LLC v. Tyson Foods, Inc., et al., Case No. 21-cv-02844, based on a
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`finding of relatedness under Local Rule 40.4.
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`I.
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`Local Rule 40.4(c)
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`2.
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`Local Rule 40.4(c) requires that the Motion for Reassignment “shall be filed in
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`the lowest-numbered case of the claimed related set and noticed before the judge assigned to that
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`case.” N.D. Ill. L.R. 40.4(c).
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`3.
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`Local Rule 40.4(c) also directs the party filing the motion to attach a copy of the
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`complaint from the case thought to be related. Id. Accordingly, Plaintiffs’ Complaint from Case
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`No. 21-cv-02844 is attached hereto as Exhibit 1.
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`4.
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`Finally, Local Rule 40.4(c) provides that a “motion for reassignment based on
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`relatedness may be filed by any party to a case,” and directs the party filing the motion to: “(1)
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`set forth the points of commonality of the cases in sufficient detail to indicate that the cases are
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`related within the meaning of section (a), and (2) indicate the extent to which the conditions
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`required by section (b) will be met if the cases are found to be related.” N.D. Ill. L.R. 40.4(c).
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`II.
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`Local Rule 40.4(a)
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`5.
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`Pursuant to Local Rule 40.4(a), two or more civil cases may be related if they
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`“involve the same issues of fact or law” or “cases grow out of the same transaction or
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`occurrence.” N.D. Ill. L.R. 40.4(a).
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`6.
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`The present case, those already found to be related,1 and Plaintiffs’ newly-filed
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`Case No. 21-cv-02844, are all related because all involve many of the same issues of fact and
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`law and grow out of the same basic occurrence.
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`7.
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`Specifically, the present case and the related actions are each based upon
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`Defendants’ alleged violations of federal antitrust laws, i.e., the Sherman Act, by conspiring to
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`increase the prices of chicken sold in the United States. These actions all concern the alleged
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`illegal agreements and restraint of trade among chicken producers and others in the industry,
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`through which Defendants successfully implemented supra-competitive chicken prices to
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`Plaintiffs and other purchasers throughout the United States.
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`8.
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`Moreover, while there may be slight variation as to the defendants from case to
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`case, the Defendants in Plaintiffs’ Complaint (see Exhibit 1) are all defendants in the present
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`matter and related actions. Further, the Defendants named in Plaintiffs’ Complaint are comprised
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`1 According to the Court’s docket (16-cv-08637), related cases currently include but are not
`limited to, 16-cv-08737, 16-cv-08851, 17-cv-07176, 17-cv-08850, 18-cv-00245, 18-cv-00700,
`18-cv-00702, 18-cv-03471, 18-cv-05877, 18-cv-06316, 18-cv-06673, 18-cv-06693, 18-cv-
`07284, 18-cv-08511, 19-cv-00354, 19-cv-00390, 19-cv-00530, 19-cv-00638, 20-cv-6179, 20-cv-
`06201, 20-cv-06347, 20-cv-06904, 20-cv-07191, 20-cv-07205. 20-cv-07419, 20-cv-07423, 20-
`cv-07734, 20-cv-07831, 21-cv-00054, 21-cv-00261, 21-cv-00268, 21-cv-00486, 21-cv-00573,
`21-cv-00689, 21-cv-00693, 21-cv-00781, 21-cv-00892, 21-cv-01008, 21-cv-01009, 21-cv-
`01170, 21-cv-01207, 21-cv-01907, and 21-cv-02693.
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`of defendants in the cases that were already found to be related. Plaintiffs do not seek to
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`introduce any new defendants.
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`9.
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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 facts surrounding the alleged conspiracy.
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`III. Local Rule 40.4(b)
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`10.
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`Pursuant to Local Rule 40.4(b), this Court may reassign Whatabrands LLC and
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`Whataburger Restaurants LLC v. Tyson Foods, Inc., et al., Case No. 21-cv-02844, if it relates to
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`the present lawsuit under Local Rule 40.4(a) and
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`each of the following criteria is met: (1) both cases are pending in this Court; (2)
`the handling of both cases by the same judge is likely to result in a substantial
`saving of judicial time and effort; (3) the earlier case had not progressed to the
`point where designating a later filed case as related would be likely to delay the
`proceedings in the earlier case substantially; and (4) the cases are susceptible of
`disposition in a single proceeding.
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`N.D. Ill. L.R. 40.4(b).
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`11.
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`Aside from the case sought to be reassigned, all of the aforementioned litigation is
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`pending in the Northern District of Illinois before Judge Durkin.
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`12.
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`The Court can save substantial time and effort by, among other things,
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`coordinating discovery issues and briefing.
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`CONCLUSION
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`WHEREFORE, Plaintiffs Whatabrands LLC and Whataburger Restaurants LLC
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`respectfully request that this Honorable Court grant their motion for reassignment based on
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`relatedness pursuant to Northern District of Illinois Local Rule 40.4.
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`Dated: May 26, 2021
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`Case: 1:16-cv-08637 Document #: 4716 Filed: 05/26/21 Page 4 of 5 PageID #:302054
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`By: /s/ David B. Esau
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`David B. Esau
`Kristin A. Gore
`Garth T. Yearick
`Amanda R. Jesteadt
`Stephen A. Cohen
`Casey R. McGowan
`CARLTON FIELDS, P.A.
`525 Okeechobee Boulevard, Suite 1200
`West Palm Beach, Florida 33401
`Tel: (561) 659-7070
`Fax: (561) 659-7368
`desau@carltonfields.com
`kgore@carltonfields.com
`gyearick@carltonfields.com
`ajesteadt@carltonfields.com
`scohen@carltonfields.com
`cmcgowan@carltonfields.com
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`Roger S. Kobert
`CARLTON FIELDS, P.A.
`Chrysler Building
`405 Lexington Avenue, 36th Floor
`New York, New York 10174-3699
`Tel: (212) 785-2577
`Fax: (212) 785-5203
`rkobert@carltonfields.com
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`Scott L. Menger
`CARLTON FIELDS, LLP
`2029 Century Park East, Suite 1200
`Los Angeles, CA 90067
`Tel: (310) 843-6300
`Fax: (310) 843-6301
`smenger@carltonfields.com
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`Counsel for Plaintiffs Whatabrands LLC and
`Whataburger Restaurants LLC
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`Case: 1:16-cv-08637 Document #: 4716 Filed: 05/26/21 Page 5 of 5 PageID #:302055
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`CERTIFICATE OF SERVICE
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`The undersigned attorney, on oath, states that a copy of the foregoing pleading was
`served on all of the attorneys of record via the Court’s electronic filing system.
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`By:
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` /s/ David B. Esau
`David B. Esau
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