`
`IN THE UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`IN RE BROILER CHICKEN ANTITRUST
`LITIGATION,
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`Case No.: 1:16-cv-08637
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`The Honorable Thomas M. Durkin
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`This Document Relates To:
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`THE DIRECT PURCHASER PLAINTIFF
`ACTION
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`ORDER GRANTING DIRECT PURCHASER PLAINTIFFS’ MOTION FOR
`PRELIMINARY APPROVAL OF THE SETTLEMENTS WITH DEFENDANTS
`PILGRIM’S PRIDE CORP., TYSON FOODS, INC., TYSON CHICKEN, INC., TYSON
`BREEDERS, INC., AND TYSON POULTRY, INC.
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`This Court has held a hearing on Direct Purchaser Plaintiffs’ Motion for Preliminary
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`Approval of the Settlements with Defendants Pilgrim’s Pride Corp. (“Pilgrim’s”), and Tyson
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`Foods, Inc., Tyson Chicken, Inc., Tyson Breeders, Inc., and Tyson Poultry, Inc. (collectively,
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`“Tyson”) (“Motion”). Direct Purchaser Plaintiffs (“Plaintiffs”) have entered into Settlement
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`Agreements with Defendants Pilgrim’s and Tyson (collectively, “Settlings Defendants”). The
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`Court, having reviewed the Motion, its accompanying memorandum and the exhibits thereto, the
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`Settlement Agreements, and the file, hereby ORDERS AND ADJUDGES:
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`Preliminary Approval of the Settlements and Certification of Settlement Class
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`1.
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`This Court has jurisdiction over this action and each of the parties to the Settlement
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`Agreements. Upon review of the record, the Court finds that the proposed Settlement Agreements,
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`each of which was arrived at by arm’s length negotiations by highly experienced counsel, falls
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`within the range of possible approval and each one is hereby preliminarily approved, subject to
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`further consideration at the Court’s Fairness Hearing. The Court finds that the Settlement
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`Agreements are preliminarily determined to be fair, reasonable, adequate, and in the best interests
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`of the Settlement Class, raise no obvious reasons to doubt their fairness, and raise a reasonable
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`basis for presuming that the Settlements and their terms satisfy the requirements of Federal Rules
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`of Civil Procedure 23(c)(2) and 23(e) and due process so that notice of the Settlements should be
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`given to the Settlement Class.
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`2.
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`This Court certifies a Settlement Class defined as:
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`All persons who purchased Broilers directly from any of the Defendants or any co-
`conspirator identified in this action, or their respective subsidiaries or affiliates for
`use or delivery in the United States from at least as early as January 1, 2008 until
`December 20, 2019. Specifically excluded from the Settlement Class are the
`Defendants; the officers, directors or employees of any Defendant; any entity in
`which any Defendant has a controlling interest; and any affiliate, legal
`representative, heir or assign of any Defendant. Also excluded from this Settlement
`Class are any federal, state, or local governmental entities, any judicial officer
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`presiding over this action and the members of his/her immediate family and judicial
`staff, and any juror assigned to this action.
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`3.
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`The Court appoints the law firms of Lockridge Grindal Nauen P.L.L.P., and
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`Pearson, Simon & Warshaw, LLP as Co-Lead Counsel for the Settlement Class.
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`Approval of the Notice Plan
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`4.
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`The Court hereby directs notice to be distributed to the Settlement Class members
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`pursuant to Federal Rule of Civil Procedure (“Rule”) 23(c)(2). JND Legal Administration is hereby
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`appointed as Claims Administrator and ordered to effectuate the notice plan. US Bank is hereby
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`appointed as the Escrow Agent for each Settlement.
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`5.
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`The proposed notice plan set forth in the Motion and the supporting declarations
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`comply with Rule 23(c)(2)(B) and due process as it constitutes the best notice that is practicable
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`under the circumstances, including individual notice via mail and email to all members who can
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`be identified through reasonable effort. The direct mail and email notice will be supported by
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`reasonable publication notice to reach Settlement Class members who could not be individually
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`identified.
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`6.
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`The attached proposed notice documents: Long Form Notice (Exhibit “A”), Email
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`Notice (Exhibit “B”), Summary Publication Notice (Exhibit “C”), Claim Form (Exhibit “D”), and
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`Purchase Audit Request Form (Exhibit “E”), and their manner of transmission, comply with Rule
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`23(c)(2)(B) and due process because the notices and forms are reasonably calculated to adequately
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`apprise Settlement Class members of (i) the nature of the action; (ii) the definition of the class
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`certified; (iii) the class claims, issues, or defenses; (iv) that a Settlement Class member may enter
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`an appearance through an attorney if the member so desires; (v) that the court will exclude from
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`the Settlement Class any member who requests exclusion; (vi) the time and manner for requesting
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`exclusion; and (vii) the binding effect of a class judgment on members under Rule 23(c)(3). Non-
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`substantive changes, such as typographical errors, can be made to the notice documents by
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`agreement of the parties without leave of the Court.
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`Schedule for Class Notice and the Fairness Hearing
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`7.
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`The Court hereby sets the below schedule for the dissemination of notice to the
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`class, for Settlement Class members to object to or exclude themselves from the Settlements,
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`timing for Co-Lead Counsel to bring a motion for disbursement, attorneys’ fees, costs and
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`incentive awards, if any, and for the Court’s Fairness Hearing, at which time the Court will
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`determine whether the Settlement Agreements should be finally approved as fair, reasonable, and
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`adequate. This Court may order the Fairness Hearing to be postponed, adjourned, or continued. If
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`that occurs, the updated hearing date shall be posted on the Settlement Website, but other than the
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`website posting the Parties will not be required to provide any additional notice to Settlement Class
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`members.
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`1. March 16, 2021
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`DATE
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`2. April 16, 2021
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`3. May 17, 2021
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`\
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`4. June 15, 2021
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`5. June 15, 2021
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`6. June 29, 2021 at 9:00 a.m.
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`949850.1
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`EVENT
`Settlement Administrator to provide direct
`mail and email notice, and commence the
`publication notice plan.
`Plaintiffs to file their Motion for Attorneys’
`Fees, Costs, and Service Awards.
`Last day to request exclusion from the
`Settlement Class; and for Settlement Class
`members to file claims, challenge calculated
`purchase amounts, object to the Settlements;
`and file notices to appear at the Fairness
`Hearing.
`Class Counsel shall file with the Court a list of
`all persons and entities who have timely and
`adequately requested exclusion from
`the
`Settlement Class.
`Class Counsel shall file a motion for final
`approval of the Settlements and all supporting
`papers, and Class Counsel and the Settling
`Defendants may respond to any objections to
`the proposed Settlements.
`Final Settlement Fairness Hearing.
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`Other Provisions
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`8.
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`Terms used in this Order that are defined in the Settlement Agreements are, unless
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`otherwise defined herein, used as defined in the Settlement Agreements.
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`9.
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`If either of the Settlement Agreements is not finally approved, then that Settlement
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`Agreement and all proceedings in connection therewith shall be vacated, and shall be null and
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`void, except insofar as expressly provided otherwise in that Settlement Agreement, and without
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`prejudice to the status quo ante rights of Plaintiffs, the Settling Defendant, and the members of the
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`Class. The parties shall also comply with any terms or provisions of the Settlement Agreements
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`applicable to termination, rescission, or the Settlements otherwise not becoming Final.
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`IT IS SO ORDERED.
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`February 25, 2021
`DATED: _____________________
`
`HON. THOMAS M. DURKIN
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` EXHIBIT A
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`EXHIBIT A
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` UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
`
`If you purchased Broiler chicken directly from
`a Broiler Chicken Producer in the United States from
`at least as early as January 1, 2008 through December 20, 2019,
`you may be eligible for benefits from some class action settlements.
`
`A federal court authorized this notice. This is not a solicitation from a lawyer.
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` •
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`•
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` Two more settlements have been reached in a class action antitrust lawsuit filed on behalf of Direct Purchaser
`Plaintiffs (“Plaintiffs”) of Broiler chicken. The two new settlements are with Defendants Tyson Foods, Inc.,
`Tyson Chicken, Inc., Tyson Breeders, Inc., and Tyson Poultry, Inc. (collectively, “Tyson”) and Pilgrim’s
`Pride Corporation (“Pilgrim’s Pride”), collectively “New Settlements” with the “New Settling Defendants.”
`Previous settlements (the “Previous Settlements”) were filed on behalf of Plaintiffs with Defendants Peco
`Foods, Inc. (“Peco”), George’s, Inc. and George’s Farms, Inc. (collectively, “George’s”), Amick Farms, LLC
`(“Amick”), and Fieldale Farms Corporation (“Fieldale Farms”), collectively the “Previous Settling
`Defendants.” Together, the New Settling Defendants and Previous Settling Defendants are referred to as
`“Settling Defendants” and the Previous Settlements and the New Settlements are collectively referred to as
`the “Settlements.”
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`• The proposed New Settlements are with the New Settling Defendants only and do not dismiss claims against
`other Defendants. The settlements with the Previous Settling Defendants have been given final approval by
`the Court. Fourteen other Defendants remain in the case, and Plaintiffs’ lawsuit will continue against them in
`the case entitled In re Broiler Chicken Antitrust Litigation, N.D. Ill. Case No. 1:16-cv-08637.
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`If approved by the Court, the New Settlements will resolve Plaintiffs’ claims that the New Settling Defendants
`conspired in restraint of trade, the purpose and effect of which were to suppress competition and to allow the
`New Settling Defendants and other Broiler chicken producers to charge supra-competitive prices for Broilers
`from January 1, 2008 through December 20, 2019 (the “Class Period”), in violation of federal law. New
`Settling Defendants have not admitted any liability concerning and continue to deny the legal claims alleged
`in this lawsuit. If approved, the New Settlements will avoid litigation costs and risks to Plaintiffs and the New
`Settling Defendants, and will release the New Settling Defendants from liability to the Plaintiffs that
`participate in the Settlement Class.
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`• The New Settlements require the New Settling Defendants to pay up to the following amounts to benefit the
`Direct Purchaser Plaintiff Class: Tyson $80,000,000; and Pilgrim’s Pride $75,000,000. Together with the
`amounts paid by the Previous Settling Defendants (Peco $4,964,600; George’s $4,097,000; Amick
`$3,950,000, Fieldale Farms $2,250,000), total settlements in the Direct Purchaser Plaintiffs’ case are
`$170,261,600 (the “Settlement Proceeds”).
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`• This notice also informs you how to make a claim to receive money from the New Settlements and
`Previous Settlements.
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`• Your legal rights are affected whether you act or don’t act. Please read this notice carefully.
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`Questions? Read on and visit www.broilerchickenantitrustlitigation.com or call toll-free 1-866-552-1178.
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`Questions? Call the Settlement Administrator toll-free at 1-866-552-1178 or visit www.broilerchickenantitrustlitigation.com.
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`YOUR LEGAL RIGHTS AND OPTIONS FOR THE SETTLEMENTS
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`FILE A CLAIM TO
`RECEIVE MONEY
`FROM THE
`SETTLEMENTS
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`In order to receive money from the New Settlements and Previous Settlements
`you must submit a Claim Form by May 17, 2021. If you are confirmed to be a
`Class Member and file a valid Claim Form, you will be eligible to receive a
`payment from the Settlement Proceeds.
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`ASK TO BE
`EXCLUDED (“OPT
`OUT”) FROM THE
`NEW
`SETTLEMENTS
`
`Instructions for filing a claim are available in Question 11 of this
`notice,
`on
`the Claim Form,
`and
`at
`the
`settlement website
`www.broilerchickenantitrustlitigation.com.
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`By participating as a Settlement Class member, you give up your rights to sue
`the New Settling Defendants about the claims that the New Settlements resolve.
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`You must submit a valid request for exclusion in order to remove yourself from
`the New Settlements with the New Settling Defendants and receive no payment
`from the New Settlements.
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`You will keep your right to be part of any other lawsuit against the New Settling
`Defendants about the legal claims that the New Settlements resolve. Requests
`for exclusion must be postmarked by May 17, 2021.
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`The deadline to request exclusion from the settlements with the Previous
`Settling Defendants has already passed.
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`OBJECT TO THE
`NEW
`SETTLEMENTS
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`You may write to the Court about why you don’t like the New Settlements with
`the New Settling Defendants. Objections must be postmarked by May 17, 2021.
`The deadline to object to the settlements with the Previous Settling Defendants
`has already passed.
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`ATTEND THE
`FAIRNESS
`HEARING
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`DO NOTHING
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`You may request to speak in Court about the fairness of the New Settlements by
`providing notice by May 17, 2021.
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`If you do not file a claim as described above and in Question 11, you will receive
`no payment from the Settlements with any of the Settling Defendants.
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`If you do nothing regarding the New Settlements, you will give up your rights
`to sue the New Settling Defendants about the legal claims that the New
`Settlements resolve.
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`Questions? Call the Settlement Administrator toll-free at 1-866-552-1178 or visit www.broilerchickenantitrustlitigation.com.
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`WHAT THIS NOTICE CONTAINS
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`BASIC INFORMATION...................................................................................................................................... 4
`1. Why did I receive a notice? ......................................................................................................................... 4
`2. What is this lawsuit about? .......................................................................................................................... 4
`3. What is a class action, and who is involved? ............................................................................................... 5
`4. Why are there settlements in this case? ....................................................................................................... 5
`5. What if you received previous communications regarding this lawsuit? .................................................... 5
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`THE SETTLEMENT CLASS .............................................................................................................................. 6
`6. Am I part of the Settlement Class? .............................................................................................................. 6
`7. Are there exceptions to being included in the Settlement Class? ................................................................ 6
`8.
`I’m still not sure if I’m included. ................................................................................................................. 6
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`THE SETTLEMENT BENEFITS ....................................................................................................................... 6
`9. What do the Settlements provide? ............................................................................................................... 6
`10. How much will my payment from the Settlements be? ........................................................................... 7
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`HOW YOU GET A PAYMENT .......................................................................................................................... 7
`11. How can I file a Claim to get a payment from the Settlements? .............................................................. 7
`12. When will I get my payment from the Settlements? ................................................................................ 8
`13. What am I giving up by staying in the Settlement Class? ........................................................................ 8
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`IF YOU DO NOTHING ....................................................................................................................................... 8
`14. What happens if I do nothing at all? ........................................................................................................ 8
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`EXCLUDING YOURSELF FROM THE NEW SETTLEMENTS ................................................................. 8
`15. How do I exclude myself from the New Settlements? ............................................................................. 8
`16.
`If I don’t exclude myself, can I sue the New Settling Defendants for the same thing later? ................... 9
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`OBJECTING TO THE NEW SETTLEMENTS ............................................................................................... 9
`17. How do I tell the Court that I don’t like the New Settlements? ............................................................... 9
`18. What is the difference between excluding myself and objecting? ......................................................... 10
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`THE LAWYERS REPRESENTING YOU ...................................................................................................... 10
`19. Do I have a lawyer in this case? ............................................................................................................. 10
`20. How will the lawyers be paid? ............................................................................................................... 10
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`THE COURT’S FAIRNESS HEARING .......................................................................................................... 10
`21. When and where will the Court decide whether to approve the New Settlements? .............................. 10
`22. Do I have to come to the hearing?.......................................................................................................... 10
`23. May I speak at the hearing?.................................................................................................................... 10
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`GETTING MORE INFORMATION ................................................................................................................ 11
`24. How do I get more information about the New Settlements? ................................................................ 11
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`Questions? Call the Settlement Administrator toll-free at 1-866-552-1178 or visit www.broilerchickenantitrustlitigation.com.
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`1. Why did I receive a notice?
`
`BASIC INFORMATION
`
`All Defendants, including the Settling Defendants, produce Broiler chicken. Records from all Defendants show that you
`may have purchased Broiler chicken products directly from one or more Defendants and/or alleged Co-Conspirators for
`use and delivery in the United States between January 1, 2008 and December 20, 2019. The list of Defendants and
`alleged Co-Conspirators is in Question 2 below and in the operative Complaint.
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`The Court authorized this notice because you have a right to know about the proposed New Settlements, certain claims
`by Plaintiffs against the Settling Defendants in this class action lawsuit, and about your options before the Court decides
`whether to approve the proposed New Settlements. If the Court approves the New Settlements, and after objections and
`appeals are resolved, you will be bound by the judgment and terms of the New Settlements. This notice explains the
`lawsuit, the New Settlements, and your legal rights under the New Settlements and Previous Settlements.
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`2. What is this lawsuit about?
`
`This class action, In re Broiler Chicken Antitrust Litigation, N.D. Ill. Case No. 1:16-cv-08637, is pending in the United
`States District Court for the Northern District of Illinois. U.S. District Court Judge Thomas M. Durkin presides over
`this class action.
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`Plaintiffs allege that Defendants and their Co-Conspirators conspired to fix, raise, maintain, and stabilize the price of
`Broilers, beginning at least as early as January 1, 2008. Plaintiffs allege that Defendants implemented their conspiracy
`in various ways, including via coordinated supply restrictions, sharing competitively sensitive price and production
`information, and otherwise manipulating Broiler prices, with the intent and expected result of increasing prices of
`Broilers in the United States, in violation of federal antitrust laws.
`
`The Defendants and alleged Co-Conspirators named in Plaintiffs’ Fifth Consolidated Amended Complaint are producers
`of Broiler chicken and Broiler chicken products in the United States. The Defendants and alleged Co-Conspirators
`include: Fieldale Farms Corporation; Koch Foods, Inc.; JCG Foods of Alabama, LLC; JCG Foods of Georgia, LLC;
`Koch Meat Co., Inc.; Tyson Foods, Inc.; Tyson Chicken, Inc.; Tyson Breeders, Inc.; Tyson Poultry, Inc.; Pilgrim’s Pride
`Corporation; Perdue Farms, Inc.; Perdue Foods LLC; Sanderson Farms, Inc.; Sanderson Farms, Inc. (Foods Division);
`Sanderson Farms, Inc. (Production Division); Sanderson Farms, Inc. (Processing Division); Wayne Farms, LLC;
`Mountaire Farms, Inc.; Mountaire Farms, LLC; Mountaire Farms of Delaware, Inc.; Peco Foods, Inc.; Foster Farms,
`LLC; Foster Poultry Farms; House of Raeford Farms, Inc.; Simmons Foods, Inc.; Simmons Prepared Foods, Inc.;
`George’s, Inc.; George’s Farms, Inc.; O.K. Foods, Inc.; O.K. Farms, Inc.; O.K. Industries, Inc.; Claxton Poultry Farms,
`Inc.; Norman W. Fries, Inc.; Harrison Poultry, Inc.; Mar-Jac Poultry, Inc.; Mar-Jac Poultry MS, LLC; Mar-Jac Poultry
`AL, LLC; Mar-Jac AL/MS, Inc.; Mar-Jac Poultry, LLC; Mar-Jac Holdings, LLC; Amick Farms, LLC; The Amick
`Company, Inc.; Amick-OSI Broilers, LLC; Amick-OSI Processing, LLC; Case Foods, Inc.; Case Farms, LLC; Case
`Farms Processing, Inc.; Agri Stats, Inc.; Keystone Foods, LLC; Keystone Foods Corporation; Equity Group Eufaula
`Division, LLC; Equity Group Kentucky Division LLC; Equity Group – Georgia Division LLC; Allen Harim USA, Ltd.;
`Allen Harim Foods, LLC; Allen Harim Farms, LLC; JCG Industries, Inc.; JCG Properties, Inc.; JCG Land Holdings,
`LLC; JCG Foods LLC; Koch Foods of Cumming LLC; Koch Foods of Gainesville LLC; JCG Farms of Georgia LLC;
`Koch Foods of Mississippi LLC; Koch Farms of Mississippi LLC; Koch Freezers LLC; Koch Properties of Mississippi
`LLC; Koch Foods of Alabama LLC; Koch Farms of Alabama LLC; JCG Farms of Alabama LLC; Koch Foods of
`Ashland LLC; Koch Farms of Ashland LLC; Koch Farms of Gadsden LLC; Koch Foods of Gadsden LLC; Koch Foods
`of Cincinnati LLC; Koch Foods LLC; Koch Farms LLC; Koch Farms of Chattanooga LLC; Koch Foods of Chattanooga
`LLC; Koch Foods of Morristown LLC; Koch Farms of Morristown LLC; Tyson Sales & Distribution, Inc.; Perdue
`Foods, Inc.; Harvestland Holdings, LLC; Perdue Food Products, Inc.; Perdue Farms, LLC; Perdue Farms Incorporated;
`WFSP Foods, LLC; George’s Chicken, LLC; George’s Family Farms, LLC; George’s Foods, LLC; George’s of
`Missouri, Inc.; George’s Processing, Inc.; Peco Farms of Mississippi, LLC; PFS Distribution Company; Merit
`Provisions, LLC; GC Properties, LLC; Pilgrim’s Pride of Nevada, Inc.; PPC Marketing, Ltd.; Pilgrim’s Pride
`Corporation of West Virginia, Inc.; Foster International Trading Company, Inc.; Napoleon Poultry Supply, LLC; O.K.
`Broiler Farms Limited Partnership; House of Raeford Farms of Louisiana, LLC; Johnson Breeders, Inc.; Columbia Farms
`of Georgia, Inc.; Raeford Farms of Louisiana, LLC; and Columbia Farms, Inc.
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`Questions? Call the Settlement Administrator toll-free at 1-866-552-1178 or visit www.broilerchickenantitrustlitigation.com.
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`The Court previously gave final approval to settlements between the Plaintiffs and Fieldale Farms, Peco, George’s and
`Amick. The Court has now preliminarily approved settlements with Tyson and Pilgrim’s Pride. The Direct Purchaser
`Plaintiffs’ case is proceeding against all other Defendants who have not settled the case. If applicable, you will receive
`a separate notice regarding the progress of the litigation and any resolution of claims against other Defendants.
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`The New Settling Defendants have not admitted any liability concerning and continue to deny the legal claims alleged in
`this lawsuit, and would allege numerous defenses to the Plaintiffs’ claims if the case against them were to proceed.
`Nevertheless, the New Settling Defendants agreed to settle this action to avoid the further expense, inconvenience,
`disruption, and burden of this litigation and any other present or future litigation arising out of the facts that gave rise to
`this litigation, to avoid the risks inherent in uncertain complex litigation and trial, and thereby to put to rest this controversy.
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`3. What is a class action, and who is involved?
`
`In a class action lawsuit, one or more people or businesses called class representatives sue on behalf of others who have
`similar claims, all of whom together are a “class.” Individual Settlement Class members do not have to file a lawsuit to
`participate in the class action settlement, or be bound by the judgment in the class action. One court resolves the issues
`for everyone in the class, except for those who exclude themselves from the class.
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`4. Why are there settlements in this case?
`
`The Court did not decide in favor either of Plaintiffs or the New Settling Defendants. Plaintiffs believe they may win at
`trial and possibly obtain a greater recovery. The New Settling Defendants believe they may win at trial and that Plaintiffs
`might recover nothing against them. But trials involve risks to both sides, and therefore Plaintiffs and the New Settling
`Defendants have agreed to settle the case. The New Settlements require the New Settling Defendants to pay money for
`the benefit of the Settlement Class members. Plaintiffs and their attorneys believe the New Settlements are in the best
`interests of all Settlement Class members.
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`5. What if you received previous communications regarding this lawsuit?
`
`You already received notice regarding settlements with the Previous Settling Defendants. You are permitted to
`participate in the New Settlements with the New Settling Defendants regardless of whether you excluded yourself from
`the settlements with the Previous Settling Defendants. In order to receive money from the New Settlement and Previous
`Settlements you must submit a Claim Form by May 17, 2021.
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`You may have received other communications regarding this lawsuit, including solicitations by other attorneys seeking
`to represent you as a Direct Action Plaintiff in an individual lawsuit against Defendants. Contrary to what you may have
`been told in such solicitations, you do not need to opt out of this class action or file an individual lawsuit to protect your
`rights in this litigation. You also may have received solicitations from persons seeking to purchase your claim or
`represent you as a Class Member.
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`None of these communications has been approved by the Court and—unlike this notice— they did not come from Court-
`appointed Co-Lead Counsel for the Direct Purchaser Plaintiffs. You should carefully review this notice and your rights
`as a Settlement Class member before deciding whether to opt out or stay in the Class. In addition, you do not need to
`retain or pay anyone in order to receive the benefits provided to Class Members in this lawsuit. You need only fill out
`the enclosed Claim Form to benefit.
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`If you have questions about this litigation and your rights as a Settlement Class member, please contact Co-Lead Counsel,
`whose contact information is listed in Question 17 below.
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`Questions? Call the Settlement Administrator toll-free at 1-866-552-1178 or visit www.broilerchickenantitrustlitigation.com.
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`5
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`6.
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`Am I part of the Settlement Class?
`
`THE SETTLEMENT CLASS
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`The Court decided that, for settlement purposes, Settlement Class members are defined as follows for all settlements
`except for the Fieldale Farms settlement:
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`All persons who purchased Broilers directly from any of the Defendants or any Co-Conspirator
`identified in this action, or their respective subsidiaries or affiliates, for use or delivery in the United
`States from at least as early as January 1, 2008 until December 20, 2019.
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`The class period for the Fieldale Farms settlement is January 1, 2008 through August 18, 2017.
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`If you satisfy these criteria, then you are a Settlement Class member, subject to the exceptions listed in Question 7 below.
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`While the New Settlements are only with the New Settling Defendants, the Settlement Class includes persons (including
`businesses and companies) who purchased Broiler chicken from any of the Defendants or their alleged Co-Conspirators.
`If you are a Settlement Class member and do not exclude yourself, you will be eligible to participate in the New
`Settlements.
`
`7.
`
`Are there exceptions to being included in the Settlement Class?
`
`Yes. Specifically excluded from this Settlement Class are the Defendants; the officers, directors or employees of any
`Defendant; any entity in which any Defendant has a controlling interest; and any affiliate, legal representative, heir, or
`assign of any Defendant. Also excluded from this Settlement Class are any federal, state, or local governmental entities,
`any judicial officer presiding over this action and the members of his/her immediate family and judicial staff, any juror
`assigned to this action, and any alleged Co-Conspirator identified in this action.
`
`If you are in one of these categories, you are not a Settlement Class member and not eligible to participate in the
`New Settlements.
`
`8.
`
`I’m still not sure if I’m included.
`
`If you are still not sure if you are included, please review the detailed information contained in the Settlement
`Agreements, available at the settlement website, www.broilerchickenantitrustlitigation.com (the “Settlement Website”).
`You may also call the Settlement Administrator at 1-866-552-1178 or call or write to Co-Lead Counsel at the phone
`numbers or addresses listed in Question 17 below.
`
`9. What do the Settlements provide?
`
`THE SETTLEMENT BENEFITS
`
`If the New Settlements are approved, the New Settling Defendants will pay up to the following amounts: Tyson will pay
`$80,000,000, and Pilgrim’s Pride will pay $75,000,000. Of the Previous Settling Defendants, Peco has paid $4,964,600,
`George’s has paid $4,097,000, Amick has paid $3,950,000, and Fieldale Farms has paid $2,250,000. Collectively, all
`Settlements to date provide up to $170,261,600 in Settlement Proceeds.
`
`A portion of the Settlement Proceeds has been and will be used by the Settlement Administrator for notice and
`administration costs. The Settlement Proceeds will also be used to pay attorneys’ fees, litigation expenses, and incentive
`awards that the Court chooses to award. Plaintiffs and Co-Lead Counsel will file a motion by April 16, 2021, in which
`they will seek amounts not to exceed 33⅓% of the Settlement Proceeds in attorneys’ fees, $4.5 million in current and
`ongoing litigation expenses, and $25,000 in service awards for each of the five Plaintiffs who are serving as Class
`Representatives. A copy of the motion for distribution of Settlement Proceeds and attorneys’ fees, litigation expenses,
`and service awards will be available on the Settlement Website. The remainder of the Settlement Proceeds will be
`distributed to Settlement Class members who submit a timely and valid Claim Form and who have not excluded
`themselves from the Settlements on a pro rata basis pursuant to