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`IN THE UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`Case No.: 1:16-cv-08637
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`The Honorable Thomas M. Durkin
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`IN RE BROILER CHICKEN ANTITRUST
`LITIGATION,
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`This Document Relates To:
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`THE DIRECT PURCHASER PLAINTIFF
`ACTION
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`DIRECT PURCHASER PLAINTIFFS’ NOTICE OF FILING AMENDED [PROPOSED]
`ORDER GRANTING THEIR MOTION FOR INTERIM PAYMENT OF ATTORNEYS’
`FEES, REIMBURSEMENT OF EXPENSES, AND CLASS REPRESENTATIVE
`INCENTIVE AWARDS
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`956508.4
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`Case: 1:16-cv-08637 Document #: 4747 Filed: 06/15/21 Page 2 of 3 PageID #:302885
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`Following the administration of the Settlements with Pilgrim’s Pride Corp., and Tyson
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`Foods, Inc., Tyson Chicken, Inc., Tyson Breeders, Inc., and Tyson Poultry, Inc. (collectively,
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`“Tyson”) and the calculation of commerce by class members requesting exclusion from the
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`Settlement Class, the Direct Purchaser Plaintiffs (“DPPs”) hereby amend their fee award request
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`in light of the resulting minor reduction to the Tyson Settlement.
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`In their Motion for Interim Payment of Attorneys’ Fees, Reimbursement of Expenses, and
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`Class Representative Incentive Awards (“Motion”), DPPs’ requested that the Court award Co-
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`Lead Class Counsel 33 1/3% of the $170,261,600 Settlement Fund (or $56,753,866.00) as
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`attorneys’ fees. (See ECF No. 4551 at 2.) At the time of the request, Co-Lead Counsel noted that
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`the exact amount of fees requested may be subject to change if either Settlement amount was
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`reduced based on opt-outs.1 (See ECF No. 4551 at n.6.) As the Tyson Settlement was reduced by
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`$660,000—from $80,000,000 to $79,340,000—the fee request must be amended. (See DPPs’
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`concurrently-filed Motion for Final Approval, Section III.)
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`Therefore, DPPs hereby update the proposed order in support of the Motion to reflect that
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`Co-Lead Class Counsel are requesting attorneys’ fees in the amount of 33 1/3% of the revised
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`$169,601,600 Settlement Fund, or $56,533,866.00. The Amended [Proposed] Order Granting
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`DPPs’ Motion is attached hereto as Exhibit A.
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`1 This opt-out reduction only changes the amount of requested attorneys’ fees, and not the
`requests for reimbursement of current litigation expenses or incentive awards.
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`956508.4
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`2
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`Case: 1:16-cv-08637 Document #: 4747 Filed: 06/15/21 Page 3 of 3 PageID #:302886
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`Dated: June 15, 2021
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`W. Joseph Bruckner
`Brian D. Clark
`Simeon A. Morbey
`LOCKRIDGE GRINDAL NAUEN P.L.L.P.
`100 Washington Avenue South, Suite 2200
`Minneapolis, MN 55401
`T: (612) 339-6900
`F: (612) 339-0981
`wjbruckner@locklaw.com
`bdclark@locklaw.com
`samorbey@locklaw.com
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`Bruce L. Simon
`Neil Swartzberg
`PEARSON, SIMON & WARSHAW, LLP
`350 Sansome Street, Suite 680
`San Francisco, CA 94104
`T: (415) 433-9000
`F: (415) 433-9008
`bsimon@pswlaw.com
`nswartzberg@pswlaw.com
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`Clifford H. Pearson
`Daniel L. Warshaw
`Michael H. Pearson
`Bobby Pouya
`PEARSON SIMON & WARSHAW, LLP
`15165 Ventura Boulevard, Suite 400
`Sherman Oaks, CA 92403
`T: (818) 788-8300
`F: (818) 788-8104
`cpearson@pswlaw.com
`dwarshaw@pswlaw.com
`mpearson@pswlaw.com
`bpouya@pswlaw.com
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`Direct Purchaser Plaintiffs’ Interim Co-
`Lead Class Counsel
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`956508.4
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`s/ Steven A. Hart
`Steven Hart (#6211008)
`Brian Eldridge (#6281336)
`John Marrese (#6306516)
`Kyle Pozan (#6306761)
`HART MCLAUGHLIN & ELDRIDGE,
`LLC
`22 West Washington Street, Suite 1600
`Chicago, IL 60602
`T: (312) 955-0545
`F: (312) 971-9243
`shart@hmelegal.com
`beldridge@hmelegal.com
`jmarrese@hmelegal.com
`kpozan@hmelegal.com
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`Direct Purchaser Plaintiffs’ Interim
`Liaison Class Counsel
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