United States District Court, D. Delaware
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
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.
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
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
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
• "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.
• "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.
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).
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).
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,
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 ...