UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

IN RE KRAFT HEINZ SHAREHOLDER 

DERIVATIVE LITIGATION

Case No. 1:20-cv-2259

Honorable Robert M. Dow Jr.

DECLARATION OF KEVIN M. NEYLAN, JR. IN SUPPORT OF 3G’S 

MOTION TO DISMISS THE CONSOLIDATED VERIFIED SECOND AMENDED 

STOCKHOLDER DERIVATIVE COMPLAINT 

I, Kevin M. Neylan, Jr., pursuant to 28 U.S.C. § 1746, hereby declare as follows:

I am a partner with the law firm of Kirkland & Ellis LLP, counsel for Defendant 3G Capital, 

Inc. (“3G”) in the above-captioned action. I submit this Declaration in Support of 3G’s Motion to

Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint dated 

November 22, 2021.

1. Attached hereto as Exhibit 1 is a true and correct copy of the Form 10-Q filed by 

The Kraft Heinz Company with the SEC on August 5, 2016. 

2. Attached hereto as Exhibit 2 is a true and correct copy of the Form 4 filed by 3G 

Global Food Holdings LP, 3G Global Food Holdings GP LP, 3G Capital Partners II, L.P., and 3G

Capital Partners Ltd. with the SEC on September 21, 2016. 

3. Attached hereto as Exhibit 3 is a true and correct copy of S&P Global Market

Intelligence’s The Kraft Heinz Company FQ1 2017 Earnings Call Transcripts, dated May 3, 2017. 

4. Attached hereto as Exhibit 4 is a true and correct copy of the Form 10-Q filed by 

The Kraft Heinz Company with the SEC on August 4, 2017. 

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5. Attached hereto as Exhibit 5 is a true and correct copy of the Form 10-K filed by 

The Kraft Heinz Company with the SEC on February 16, 2018. 

6. Attached hereto as Exhibit 6 is a true and correct copy of S&P Global Market

Intelligence’s The Kraft Heinz Company FQ4 2017 Earnings Call Transcripts, dated February 16, 

2018. 

7. Attached hereto as Exhibit 7 is a true and correct copy of The Kraft Heinz 

Company’s presentation “Q4 and Full Year 2017 Update,” dated February 16, 2018 (available at 

https://ir.kraftheinzcompany.com/index.php/static-files/de145ed9-f569-423d-bfe1-

6e096c36798a). 

8. Attached hereto as Exhibit 8 is a true and correct copy of the Form 8-K filed by 

The Kraft Heinz Company with the SEC on March 27, 2018. 

9. Attached hereto as Exhibit 9 is a true and correct copy of S&P Global Market

Intelligence’s The Kraft Heinz Company FQ1 2018 Earnings Call Transcripts, dated May 2, 2018.

10. Attached hereto as Exhibit 10 is a true and correct copy of the Form 10-Q filed by 

The Kraft Heinz Company with the SEC on August 3, 2018. 

11. Attached hereto as Exhibit 11 is a true and correct copy of S&P Global Market

Intelligence’s The Kraft Heinz Company FQ2 2018 Earnings Call Transcripts, dated August 3, 

2018.

12. Attached hereto as Exhibit 12 is a true and correct copy of the Form 4 filed by 3G 

Global Food Holdings LP, 3G Global Food Holdings GP LP, 3G Capital Partners II, L.P., and 3G

Capital Partners Ltd. with the SEC on August 7, 2018.

13. Attached hereto as Exhibit 13 is a true and correct copy of the Form 8-K filed by 

The Kraft Heinz Company with the SEC on February 21, 2019. 

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14. Attached hereto as Exhibit 14 is a true and correct copy of the Form 8-K filed by 

The Kraft Heinz Company with the SEC on February 28, 2019. 

15. Attached hereto as Exhibit 15 is a true and correct copy of the Form 8-K filed by 

The Kraft Heinz Company with the SEC on May 2, 2019. 

16. Attached hereto as Exhibit 16

 

 

17. Attached hereto as Exhibit 17

 

 

18. Attached hereto as Exhibit 18

 

19. Attached hereto as Exhibit 19

 

 

20. Attached hereto as Exhibit 20

21. Attached hereto as Exhibit 21

 

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Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true 

and correct. 

Executed: New York, New York

 January 21, 2022

s/ Kevin M. Neylan, Jr.__________________

Kevin M. Neylan, Jr. 

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CERTIFICATE OF SERVICE

I hereby certify that on January 21, 2022, I electronically filed the foregoing Declaration 

of Kevin M. Neylan, Jr. in Support of 3G’s Motion to Dismiss the Consolidated Verified Second 

Amended Stockholder Derivative Complaint with the Clerk of the Court through the CM/ECF 

system, which will automatically send notification of the filing to all counsel of record.

s/ Kevin M. Neylan, Jr.

Kevin M. Neylan, Jr. 

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