`LITIGATION
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`This Document Relates To:
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`All End-User Consumer Plaintiff Actions
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`
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`No. 1:16-cv-08637
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`Honorable Thomas M. Durkin
`Magistrate Judge Jeffrey T. Gilbert
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`Case: 1:16-cv-08637 Document #: 5150 Filed: 10/26/21 Page 1 of 4 PageID #:309153
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`END-USER CONSUMER PLAINTIFFS’
`NOTICE AND STIPULATION CONCERNING
`INTENT TO PROCEED ON TRACK ONE TRIAL
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`010636-11/1696234 V3
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`Case: 1:16-cv-08637 Document #: 5150 Filed: 10/26/21 Page 2 of 4 PageID #:309154
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`In accordance with the Court’s October 15, 2021 Order,1 the End-User Consumer
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`Plaintiffs (EUCPs) hereby submit notice of their intent to seek a track one trial.
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`In support, EUCPs state the following:
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`1.
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`The Court has stated that “[i]f any plaintiff desires to proceed to trial on the
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`supply reduction and Georgia Dock conspiracies without discovery into bid rigging, that track
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`will be given priority over plaintiffs who insist on taking bid rigging discovery before any trial.”2
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`2.
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`More than five years have been spent litigating the EUCP claims. EUCPs ask to
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`proceed to trial as expeditiously as possible on their market manipulation claims.3 EUCPs
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`confirm that they do not need additional discovery into bid rigging beyond what was already
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`contemplated in the existing schedule (the deposition of the individuals and companies subject to
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`the stay requested by the U.S. Department of Justice).4
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`3.
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`EUCPs understand that the Court’s prohibition on discovery into bid rigging for
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`Plaintiffs proceeding on the first track “should not be construed as a ruling on whether Plaintiffs
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`may use evidence of bid rigging they already possess or that is publicly available in a trial” on
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`the market manipulation claims.5
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`4.
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`With this understanding, EUCPs concede and stipulate any appellate issue on
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`trying these claims without further bid rigging discovery, in accordance with the Court’s Order.6
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`1 Order, ECF No. 5128 (October 15, 2021).
`2 Id. at 5.
`3 See Scheduling Order No. 16, ECF No. 4748 (June 17, 2021).
`4 Order, ECF No. 5128 (October 15, 2021).
`5 See id. at n. 2.
`6 Id. at 5.
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`010636-11/1696234 V3
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`-1-
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`Case: 1:16-cv-08637 Document #: 5150 Filed: 10/26/21 Page 3 of 4 PageID #:309155
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`Respectfully Submitted,
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`DATED: October 26, 2021
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`HAGENS BERMAN SOBOL SHAPIRO LLP
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`By /s/ Steve W. Berman
`STEVE W. BERMAN
`
`
`Breanna Van Engelen
`1301 Second Avenue, Suite 2000
`Seattle, WA 98101
`Tel: (206) 623-7292
`steve@hbsslaw.com
`breannav@hbsslaw.com
`
`Shana E. Scarlett
`Rio R. Pierce
`HAGENS BERMAN SOBOL SHAPIRO LLP
`715 Hearst Avenue, Suite 202
`Berkeley, CA 94710
`Tel: (510) 725-3000
`shanas@hbsslaw.com
`riop@hbsslaw.com
`
`Brent W. Johnson
`Benjamin D. Brown
`Alison Deich
`COHEN MILSTEIN SELLERS & TOLL, PLLC
`1100 New York Ave. NW
`Suite 500, West Tower
`Washington, DC 20005
`Tel: (202) 408-4600
`bjohnson@cohenmilstein.com
`bbrown@cohenmilstein.com
`adeich@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
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`Interim Lead Counsel for End-User
`Consumer Plaintiffs
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`010636-11/1696234 V3
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`-2-
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`Case: 1:16-cv-08637 Document #: 5150 Filed: 10/26/21 Page 4 of 4 PageID #:309156
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`CERTIFICATE OF SERVICE
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`The undersigned, an attorney, hereby certifies that on October 26, 2021, a true and
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`correct copy of the foregoing was electronically filed by CM/ECF, which caused notice to be
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`sent to all counsel of record.
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`By
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` /s/ Steve W. Berman
` STEVE W. BERMAN
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`010636-11/1696234 V3
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`-3-
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