Case: 1:16-cv-08637 Document #: 4192 Filed: 01/21/21 Page 1 of 3 PageID #:277531
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`UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`In re Broiler Chicken Antitrust Litigation,
`Case No: 16-cv-08637
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`JOHN SOULES FOODS, INC. and JOHN
`SOULES ACQUISITIONS LLC,
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`Plaintiffs,
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`v.
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`AGRI STATS, INC., et al.,
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`Defendants.
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`Case No. 21-cv-00054
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`Judge Thomas M. Durkin
`Magistrate Judge Jeffrey T. Gilbert
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`JURY TRIAL DEMANDED
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`AMENDED COMPLAINT
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`Plaintiff John Soules Foods, Inc., is a Texas corporation with its principal place of
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`1.
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`business in Tyler, Texas, and Plaintiff John Soules Acquisitions, LLC is a Georgia limited liability
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`company with its principal place of business in Gainesville, Georgia, which on or around
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`November 17, 2014, acquired the assets of Pro View Foods, LLC, and its affiliates, including
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`claims that are the subject of this action (collectively “John Soules Foods” or “Plaintiffs”). John
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`Soules Foods, a direct purchaser of Broilers from several producer Defendants, brings this action
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`under the federal antitrust laws against the Defendants identified below
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`2.
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`Pursuant to Federal Rule of Civil Procedure 15(a)(1), Plaintiffs hereby amend their
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`Complaint (ECF 1) in Case No. 21-cv-00054, to name the following Defendants: Utrecht-America
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`Holdings, Inc. and its subsidiaries, Rabo AgriFinance LLC, Rabobank USA Financial Corporation,
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`and Utrecht-America Finance Co. (collectively “Rabobank”).
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`Case: 1:16-cv-08637 Document #: 4192 Filed: 01/21/21 Page 2 of 3 PageID #:277532
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`3.
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`Plaintiffs incorporate by reference the factual allegations and reservations of rights
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`contained in the Direct Action Plaintiffs’ Consolidated Complaint and Demand for Jury Trial, filed
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`in In re Broiler Antitrust Litigation, Case No. 1:16-cv-08637 (ECF 3922, 3924) (“DAP
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`Consolidated Complaint”),1 and amend their row to be added in Section II’s Chart of Direct-Action
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`Plaintiff Cases as follows:
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`Plaintiff Name
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`Named Defendants2
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`Named Co-Conspirators
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`Causes of Action
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`John Soules Foods, Inc.;
`John Soules Acquisitions
`LLC
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`Fieldale
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`Agri Stats; Amick, Case;
`Claxton; Foster Farms;
`George’s; Harrison; House
`of Raeford; Keystone;
`Koch; Mar-Jac;
`Mountaire; O.K. Foods;
`Peco; Perdue; Pilgrim’s
`Pride; Sanderson;
`Simmons; Tyson; Wayne;
`Rabobank
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`Count I (Sherman Act
`Claim for all
`Anticompetitive Conduct);
`Count II (Sherman Act
`Claim for Output
`Restriction); Count III
`(Sherman Act for GA
`Dock Manipulation)
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`4.
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`Plaintiffs also incorporate by reference the allegations against Rabobank contained
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`in the Amended Complaints filed by Sysco Corporation (Case No. 1:16-cv-08637; ECF 4151,
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`4159) and US Foods, Inc. (Case No. 1:16-cv-08637, ECF 4153, 4160).
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`WHEREFORE, Plaintiffs respectfully request that the Court:
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`PRAYER FOR RELIEF
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`A.
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`B.
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`Enter joint and several judgments against all Defendants in favor of Plaintiffs;
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`Award Plaintiffs treble damages, of an amount to be determined at trial, to the
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`maximum extent allowed under the federal antitrust laws;
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`1 The DAP Consolidated Complaint is in the process of being amended to reflect ECF 4139 and
`the addition of DAPs which have filed complaints since the DAP Consolidated Complaint was
`filed. When the amended DAP Consolidated Complaint is filed, it will reflect the amendments
`included herein.
`2 The Defendants and Co-Conspirators named in this Complaint include the entire family of each
`Defendant or Co-Conspirator in this table, identified in Section IV of ECF 3922/ECF 3924. With
`regard to Amick, George’s, and Peco, Plaintiffs are asserting non-released claims.
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`2
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`Case: 1:16-cv-08637 Document #: 4192 Filed: 01/21/21 Page 3 of 3 PageID #:277533
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`C.
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`Award Plaintiffs post-judgment interest as provided by law, with such interest to
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`be awarded at the highest legal rate;
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`D.
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`Award Plaintiffs their attorneys’ fees, litigation expenses, and costs, as provided by
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`law;
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`E.
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`Grant Plaintiffs such other and further relief to which Plaintiffs are entitled.
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`JURY DEMAND
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`Pursuant to Federal Rule of Civil Procedure 38, Plaintiffs demand a trial by jury on all of
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`their claims and issues so triable.
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`Dated: January 21, 2021
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`Respectfully submitted,
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`/s/ Scott E. Gant
`Scott E. Gant
`BOIES SCHILLER FLEXNER LLP
`1401 New York Avenue, NW
`Washington, DC 20005
`Tel: (202) 237-2727
`Fax: (202) 237-6131
`Email: sgant@bsfllp.com
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`Colleen A. Harrison
`BOIES SCHILLER FLEXNER LLP
`333 Main Street
`Armonk, NY 10504
`Tel: (914) 749-8204
`Email: charrison@bsfllp.com
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`Counsel for John Soules Foods, Inc.
`and John Soules Acquisitions LLC
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`3
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