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International Construction Products LLC v. Caterpillar Inc.

United States District Court, D. Delaware

September 26, 2018

INTERNATIONAL CONSTRUCTION PRODUCTS LLC, Plaintiff,
v.
CATERPILLAR INC., KOMATSU AMERICA CORP., VOLVO CONSTRUCTION EQUIPMENT NORTH AMERICA, LLC, and ASSOCIATED AUCTION SERVICES, LLC, doing business as Cat Auction Services, Defendants.

          John W. Shaw, Nathan R. Hoeschen, SHAW KELLER LLP, Wilmington, DE; David Boies, BOIES SCHILLER & FLEXNER, Armonk, NY; James P. Denvir, Amy J. Mauser, Christopher G. Renner, J. Wells Harrell, BOIES SCHILLER & FLEXNER, Washington, DC. Attorneys for Plaintiff

          David J. Baldwin, Ryan C. Cicoski, POTTER ANDERSON & CORROON LLP, Wilmington, DE; Robert G. Abrams, Gregory J. Commins, Jr., Danyll W. Foix, Carey S. Busen, BAKER & HOSTETLER, Washington, DC. Attorneys for Defendants.

          MEMORANDUM OPINION

          ANDREWS, JUDGE

         Presently before the Court is Plaintiffs Motion for Leave to File Second Amended Complaint and Modify the Case Management Order (D.I. 123) and related briefing (D.I. 124, 139, 143). For the reasons that follow, the Court will GRANT Plaintiffs Motion.

         I. BACKGROUND

         Plaintiff filed this action in January 2015. (D.I. 1). Plaintiff alleges, "Defendants conspired to block [Plaintiffs] entry into the heavy construction equipment market by threatening IronPlanet and causing IronPlanet to breach its distribution agreement with [Plaintiff]." (D.I. 124 at 3).

         The Court denied Defendants' motion to dismiss Plaintiffs group boycott claim and state law claims in August 2016 (D.I. 65), and entered a Scheduling Order on February 24, 2017, adopting Defendants' request for limited and phased fact discovery (D.I. 95). That Scheduling Order provided that Phase I discovery would consist of discovery into the group boycott allegations, the "adequately pled" plus factors, and the state law claims. (D.I. 95 at 2, Scheduling Order ¶ 3(a)(i)). The Order also set the follow deadlines:

• "all motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before June 23, 2017," (id. ¶ 2);
• "Phase I document production shall be made on a rolling basis and substantially completed by June 15, 2017," (id. ¶ 3(a)(ii)(a)), which was later extended by stipulation and order to July 6, 2017 (D.I. 115); and
• "All fact discovery in Phase I shall be initiated so that it will be completed by August 25, 2017," (D.I. 95, Scheduling Order ¶ 3(a)(ii)(b)), which was later extended by stipulation and order to September 15, 2017 (D.I. 115).

         Before the Scheduling Order was entered, on November 1, 2016, Plaintiff served Rule 34 requests for production on all Defendants. (D.I. 124-2, Exh. 4).

         Plaintiff initiated the meet and confer process with Defendants in early March 2017 in regard to the scope of document production. (D.I. 124 at 10; see D.I. 143-1, 143-2, 143-3, 143-4). Defendants state that "late April" is when the meeting and conferring actually occurred. (D.I. 139 at 4).

         Between June 5 and June 26, 2017, each of the Defendants and IronPlanet made an initial production of documents (D.I. 124 at 8), which included the June 5 production of the so-called "simple agreement." (D.I. 139 at 4; see D.I. 139-15, Exh. 15). Then, on July 6, 2017, Caterpillar and Cat Auction produced additional documents, which Plaintiff alleges "illuminat[e] the nature and scope of the conspiracy." (D.I. 124 at 8; see D.I. 124-17, Exh. 19; D.I. 124-37, Exh. 39; D.I. 124 at 8). IronPlanet produced additional documents on July 7, 2017. (D.I. 124-10, Exh. 12).

         On August 17, 2017, Plaintiff sent a letter to Caterpillar and Cat Auction, identifying what it considered to be production deficiencies. (D.I. 143 at 6; D.I. 139 at 6, 11). On ...


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