`
`
`UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`
`
`In re Broiler Chicken Antitrust Litigation,
`Case No: 16-cv-08637
`
`
`TARGET CORPORATION,
`
`
`Plaintiff,
`
`
`v.
`
`AGRI STATS, INC., et al.,
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. 20-cv-07191
`
`Judge Thomas M. Durkin
`Magistrate Judge Jeffrey T. Gilbert
`
`JURY TRIAL DEMANDED
`
`
`
`AMENDED COMPLAINT
`
`Plaintiff Target Corporation (“Target” or “Plaintiff”), is a Minnesota corporation
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`1.
`
`with its principal place of business in Minneapolis, Minnesota. Target operates approximately
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`1900 retail stores throughout the United States and also engages in internet sales via Target.com.
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`Target, a direct purchaser of Broilers from several producer Defendants, brings this action under
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`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), Plaintiff hereby amends its
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`Complaint (ECF 1) in Case No. 20-cv-07191, 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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`3.
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`Plaintiff incorporates 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
`
`
`
`Case: 1:16-cv-08637 Document #: 4193 Filed: 01/21/21 Page 2 of 3 PageID #:277535
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`Consolidated Complaint”),1 and amends its 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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`Target Corporation
`
`
`Fieldale
`
`Agri Stats; Amick; Case;
`Claxton; Foster Farms;
`George’s; Harrison;
`House of Raeford;
`Keystone; Koch; MarJac;
`Mountaire; O.K. Foods;
`Peco; Perdue; Pilgrim’s
`Pride; Sanderson;
`Simmons; Tyson; Wayne;
`Rabobank
`
`
`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)
`
`
`
`4.
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`Plaintiff also incorporates 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, Plaintiff respectfully requests that the Court:
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`PRAYER FOR RELIEF
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`A.
`
`B.
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`Enter joint and several judgments against all Defendants in favor of Plaintiff;
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`Award Plaintiff 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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`C.
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`Award Plaintiff post-judgment interest as provided by law, with such interest to be
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`awarded at the highest legal rate;
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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-Conspirators in this table, identified in Section IV of ECF 3922/ECF 3924. With
`regard to Amick, George’s, and Peco, Plaintiff is asserting non-released claims.
`
`2
`
`
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`Case: 1:16-cv-08637 Document #: 4193 Filed: 01/21/21 Page 3 of 3 PageID #:277536
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`D.
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`Award Plaintiff its attorneys’ fees, litigation expenses, and costs, as provided by
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`law;
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`E.
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`Grant Plaintiff such other and further relief to which Plaintiff is entitled.
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`JURY DEMAND
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`Pursuant to Federal Rule of Civil Procedure 38, Plaintiff demands a trial by jury on all of
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`its 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
`
`Colleen A. Harrison
`BOIES SCHILLER FLEXNER LLP
`333 Main Street
`Armonk, NY 10504
`Tel: (914) 749-8204
`Email: charrison@bsfllp.com
`
`Counsel for Target Corporation
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`
`3
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`
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