Case: 1:20-cv-02295 Document #: 107 Filed: 12/10/20 Page 1 of 50 PageID #:1896
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`
`Case No. 1:20-cv-02295
`
`ANSWER TO AMENDED CLASS
`ACTION COMPLAINT
`
`
`
`SANDEE’S CATERING,
`
`Plaintiff,
`
`v.
`
`AGRI STATS, INC., BUTTERBALL LLC,
`CARGILL, INC., CARGILL MEAT
`SOLUTIONS CORPORATION, COOPER
`FARMS, INC., FARBEST FOODS, INC.,
`FOSTER FARMS, LLC, FOSTER POULTRY
`FARMS, THE HILLSHIRE BRANDS
`COMPANY, HORMEL FOODS
`CORPORATION, HORMEL FOODS, LLC,
`HOUSE OF RAEFORD FARMS, INC.,
`KRAFT HEINZ FOODS COMPANY, KRAFT
`FOODS GROUP BRANDS LLC, PERDUE
`FARMS, INC., PERDUE FOODS LLC,
`TYSON FOODS, INC., TYSON FRESH
`MEATS, INC. AND TYSON PREPARED
`FOODS, INC.,
`
`Defendants.
`
`
`
`
`
`Tyson Foods, Inc., Tyson Fresh Meats Inc., Tyson Prepared Foods, Inc., and The Hillshire
`
`Brands Company (“Tyson”), by and through its undersigned counsel, submits its answer and
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`affirmative defenses to the Amended Class Action Complaint (“Complaint”) filed by Sandee’s
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`Catering (“Plaintiff”) on November 16, 2020, as follows:
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`1.
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` Paragraph 1 contains Plaintiffs’ characterization of their claims and/or legal
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`conclusions to which no response is required. To the extent a response is required, Tyson denies
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`such characterizations and/or conclusions. Tyson generally and specifically denies the conspiracy
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`alleged in the Complaint.
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`{00382309}
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`

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`2.
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`The allegations set forth in Paragraph 2 are not directed to Tyson and, therefore, no
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`response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson denies knowledge or information sufficient
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`to form a belief as to the truth of the allegations and, therefore, denies these allegations.
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`3.
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`Tyson specifically and generally denies the conspiracy alleged in the Complaint.
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`Tyson denies the allegations in Paragraph 3.
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`4.
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`Tyson denies the conspiracy alleged in the Complaint. Tyson admits that Tyson and
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`some other turkey producers submit information to Agri Stats and Agri Stats reports anonymized
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`information to Tyson for pro-competitive benchmarking purposes. Tyson lacks knowledge or
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`information sufficient to form a belief as to the truth of the remaining allegations in Paragraph 4
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`and, therefore, denies these allegations.
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`5.
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`Tyson denies the conspiracy alleged in the Complaint. Paragraph 5 contains
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`Plaintiffs’ characterization of their claims and/or legal conclusions to which no response is
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`required. To the extent a response is required, Tyson denies such characterizations and/or
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`conclusions. Furthermore, Tyson lacks knowledge or information sufficient to form a belief as to
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`the truth of the remaining allegations in Paragraph 5 and, therefore, denies these allegations on this
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`additional basis.
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`6.
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`Paragraph 6 contains Plaintiff’s characterization of its claims, including unfounded
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`speculation and conclusory statements, and allegations subject to proof by expert testimony, to
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`which no response is required. To the extent a response is required, Tyson denies such
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`characterizations and/or allegations. Tyson specifically states that it does not sell, and has never
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`sold during the alleged Class Period, whole turkeys.
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`7.
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`The allegations set forth in Paragraph 7 are not directed to Tyson and, therefore, no
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`{00382309}
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`2
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`response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the remaining allegations in Paragraph 7 and, therefore, denies
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`these allegations.
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`8.
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`Tyson specifically denies the conspiracy alleged in the Complaint. Tyson admits
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`that Tyson submits information to Agri Stats and Agri Stats reports anonymized information to
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`Tyson for pro-competitive benchmarking purposes. Further, to the extent that the allegations in
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`Paragraph 8 relate to other Defendants and/or third parties to this action, Tyson denies knowledge
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`or information sufficient to form a belief as to the truth of the allegations and, therefore, denies
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`these allegations on this additional basis. Tyson denies any remaining allegations in Paragraph 8.
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`9.
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`Tyson admits that it acquired Hillshire Brands in 2014. Tyson admits that Tyson
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`submits information to Agri Stats and Agri Stats reports anonymized information to Tyson for pro-
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`competitive benchmarking purposes. Tyson denies knowledge or information sufficient to form a
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`belief as to the truth of the remaining allegations in Paragraph 9 and, therefore, denies those
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`allegations. Tyson specifically denies the conspiracy alleged in the Complaint. Further, to the
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`extent that the allegations in Paragraph 9 relate to other Defendants and/or third parties to this
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`action, Tyson denies knowledge or information sufficient to form a belief as to the truth of the
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`allegations and, therefore, denies these allegations on this additional basis. To the extent the
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`allegations in Paragraph 9 characterize or describe documents or other sources, Tyson states that
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`such sources speak for themselves and denies any characterization or description that is
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`inconsistent therewith.
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`10.
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`The allegations set forth in Paragraph 10 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`{00382309}
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`3
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`could be construed as allegations against Tyson, Tyson denies the allegations set forth in Paragraph
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`10 as such allegations are argumentative and contain legal conclusions. Tyson specifically denies
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`the conspiracy alleged in the Complaint. Tyson only admits that Tyson submits information to
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`Agri Stats and Agri Stats reports anonymized information to Tyson for pro-competitive
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`benchmarking purposes. Tyson denies the characterizations of these exchanges as set forth in
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`Paragraph 10. Further, Tyson lacks knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 10 and, therefore, denies these allegations on this additional
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`basis. To the extent the allegations in this Paragraph characterizes or describes documents or other
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`sources, Tyson states that such documents or sources speak for themselves and denies any
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`characterization or description inconsistent therewith.
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`11.
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`Tyson denies the conspiracy alleged in the Complaint. Paragraph 11 contains
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`Plaintiff’s characterization of its claims, including unfounded speculation and conclusory
`
`statements, and allegations subject to proof by expert testimony, to which no response is required.
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`Further, the allegations set forth in Paragraph 11 are not directed to Tyson and, therefore, no
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`response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the allegations in Paragraph 11 and, therefore, denies these
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`allegations.
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`12.
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`The allegations set forth in Paragraph 12 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the allegations in Paragraph 12 and, therefore, denies these
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`allegations. To the extent the allegations in this Paragraph characterizes or describes documents or
`
`{00382309}
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`4
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`other sources, Tyson states that such documents or sources speak for themselves and denies any
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`characterization or description inconsistent therewith.
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`13.
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`The allegations set forth in Paragraph 13 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the allegations in Paragraph 13 and, therefore, denies these
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`allegations. To the extent the allegations in this Paragraph characterizes or describes documents or
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`other sources, Tyson states that such documents or sources speak for themselves and denies any
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`characterization or description inconsistent therewith.
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`14.
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`The allegations set forth in Paragraph 14 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the allegations in Paragraph 14 and, therefore, denies these
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`allegations. To the extent the allegations in this Paragraph characterizes or describes documents or
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`other sources, Tyson states that such documents or sources speak for themselves and denies any
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`characterization or description inconsistent therewith.
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`15.
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`The allegations set forth in Paragraph 15 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the allegations in Paragraph 15 and, therefore, denies these
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`allegations. To the extent the allegations in this Paragraph characterizes or describes documents or
`
`other sources, Tyson states that such documents or sources speak for themselves and denies any
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`characterization or description inconsistent therewith.
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`{00382309}
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`5
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`16.
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`The allegations set forth in Paragraph 16 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the allegations in Paragraph 16 and, therefore, denies these
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`allegations. To the extent the allegations in this Paragraph characterizes or describes documents or
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`other sources, Tyson states that such documents or sources speak for themselves and denies any
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`characterization or description inconsistent therewith.
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`17.
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`To the extent the allegations in Paragraph 17 characterize or describe documents or
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`other sources, Tyson notes that such sources speak for themselves and denies any characterization
`
`or description that is inconsistent therewith. Tyson lacks knowledge or information sufficient to
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`form a belief as to the truth of the remaining allegations in Paragraph 17 and, therefore, denies
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`these allegations.
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`18.
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`To the extent the allegations in Paragraph 18 characterize or describe documents or
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`other sources, Tyson notes that such sources speak for themselves and denies any characterization
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`or description that is inconsistent therewith. To the extent that the allegations in Paragraph 18
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`relate to other Defendants and/or third parties to this action, Tyson denies knowledge or
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`information sufficient to form a belief as to the truth of the allegations and, therefore, denies these
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`allegations. Tyson lacks knowledge or information sufficient to form a belief as to the truth of the
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`allegations in Paragraph 18 and, therefore, denies these allegations.
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`19.
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`The allegations set forth in Paragraph 19 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the allegations in Paragraph 19 and, therefore, denies these
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`{00382309}
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`6
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`allegations.
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`20.
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`Tyson denies the conspiracy alleged in the Complaint. Paragraph 20 contains
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`Plaintiff’s characterization of its claims, including unfounded speculation and conclusory
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`statements, and allegations subject to proof by expert testimony, to which no response is required.
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`To the extent a response is required, Tyson denies such characterizations and/or conclusions.
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`21.
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`Paragraph 21 contains Plaintiffs’ characterization of their claims and/or legal
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`conclusions to which no response is required. To the extent a response is required, Tyson denies
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`such characterizations and/or conclusions. Tyson specifically denies the conspiracy alleged in the
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`Complaint. Tyson affirmatively states that supply of turkey products in the industry, and its own
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`supply of turkey products, is based on and explained by market factors, including the Great
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`Recession and an avian flu outbreak in 2015, among other factors. To the extent the allegations in
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`Paragraph 21 characterize or describe documents or other sources, Tyson states that such sources
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`speak for themselves and denies any characterization or description that is inconsistent therewith.
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`22.
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`Tyson admits only that it is a member of certain industry trade associations. Tyson
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`specifically denies all characterizations of its membership in said associations set forth in
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`Paragraph 22. Tyson denies the remaining allegations set forth in Paragraph 22. Further, to the
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`extent that the allegations in Paragraph 22 relate to other Defendants and/or third parties to this
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`action, Tyson denies knowledge or information sufficient to form a belief as to the truth of the
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`allegations and, therefore, denies these allegations on this additional basis.
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`23.
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`The allegations set forth in Paragraph 23 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the allegations in Paragraph 23 and, therefore, denies these
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`{00382309}
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`7
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`allegations.
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`24.
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`The allegations set forth in Paragraph 24 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the allegations in Paragraph 24 and, therefore, denies these
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`allegations.
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`25.
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`The allegations set forth in Paragraph 25 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the allegations in Paragraph 25 and, therefore, denies these
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`allegations.
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`26.
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`The allegations set forth in Paragraph 26 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the allegations in Paragraph 26 and, therefore, denies these
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`allegations.
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`27.
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`The allegations set forth in Paragraph 27 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the allegations in Paragraph 27 and, therefore, denies these
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`allegations.
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`28.
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`Tyson states that it does not sell, and has never sold during the alleged Class Period,
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`whole turkeys. Paragraph 28 contains Plaintiffs’ characterization of their claims and/or legal
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`{00382309}
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`8
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`conclusions to which no response is required. To the extent a response is required, Tyson denies
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`such characterizations and/or conclusions. Tyson denies the remaining allegations in Paragraph
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`28.
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`29.
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`Paragraph 29 contains Plaintiffs’ characterization of their claims and/or legal
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`conclusions to which no response is required. To the extent a response is required, Tyson denies
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`such characterizations and/or conclusions. Tyson specifically denies the conspiracy alleged in the
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`Complaint. Tyson admits that it directly submits certain information to Agri Stats about its turkey
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`operations for pro-competitive benchmarking purposes. Tyson further states that Tyson only raises
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`and slaughters tom turkeys in its routine business, and does not regularly process turkey hens.
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`Tyson denies all characterizations of the Agri Stats data exchange set forth in Paragraph 29.
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`Further, to the extent that the allegations in Paragraph 29 relate to other Defendants and/or third
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`parties to this action, Tyson denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations and, therefore, denies these allegations on this additional basis. Tyson
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`denies the remaining allegations in Paragraph 29.
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`30.
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`Tyson denies the conspiracy alleged in the Complaint. Tyson denies the allegations
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`in Paragraph 30.
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`31.
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`Tyson denies the conspiracy alleged in the Complaint. Tyson admits that Tyson
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`only raises and slaughters tom turkeys in its routine business, and does not regularly process turkey
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`hens. Tyson further denies that it changed its behavior after the Broilers litigation, admits that its
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`CEO Donnie Smith departed from the company in late 2016, but denies the characterization of
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`Donnie Smith’s departure. Tyson denies any remaining allegations in Paragraph 31 as such
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`allegations are argumentative and contain legal conclusions. Furthermore, Tyson denies
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`{00382309}
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`9
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`and, therefore, denies these allegations on this additional basis.
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`32.
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`Tyson denies the conspiracy alleged in the Complaint. Paragraph 32 contains
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`Plaintiffs’ characterization of their claims and/or legal conclusions to which no response is
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`required. To the extent a response is required, Tyson denies such characterizations and/or
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`conclusions.
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`33.
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`Tyson denies the conspiracy alleged in the Complaint. Tyson denies the allegations
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`in Paragraph 33.
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`34.
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`Paragraph 34 contains Plaintiffs’ characterization of their claims and/or legal
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`conclusions to which no response is required. To the extent a response is required, Tyson denies
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`that it has violated any antitrust laws and that Plaintiffs are entitled to any damages. For purposes
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`of this action only, Tyson does not contest subject-matter jurisdiction.
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`35.
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`Tyson admits the allegations in Paragraph 35.
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`36.
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`For purposes of this action only, Tyson does not contest the Court’s personal
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`jurisdiction over it. Tyson specifically denies that it has engaged in any antitrust conspiracy. Tyson
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`denies knowledge or information sufficient to form a belief as to the truth of the remaining
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`allegations in Paragraph 36 and, therefore, denies these allegations.
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`37.
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`Tyson specifically denies the conspiracy alleged in the Complaint. Tyson denies
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`the allegations in Paragraph 37.
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`38.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 38 and, therefore, denies these allegations.
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`39.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 39 and, therefore, denies these allegations.
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`40.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`{00382309}
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`10
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`the allegations in Paragraph 40 and, therefore, denies these allegations.
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`41.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 41 and, therefore, denies these allegations.
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`42.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 42 and, therefore, denies these allegations.
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`43.
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`Paragraph 43 contains Plaintiffs’ explanation of a defined term, to which no
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`response is required. To the extent a response is required, Tyson denies such characterizations
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`and/or allegations.
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`44.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 44 and, therefore, denies these allegations.
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`45.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
`
`the allegations in Paragraph 45 and, therefore, denies these allegations.
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`46.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
`
`the allegations in Paragraph 46 and, therefore, denies these allegations.
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`47.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 47 and, therefore, denies these allegations.
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`48.
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`Paragraph 48 contains Plaintiffs’ explanation of a defined term, to which no
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`response is required. To the extent a response is required, Tyson denies such characterizations
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`and/or allegations.
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`49.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 49 and, therefore, denies these allegations.
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`50.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 50 and, therefore, denies these allegations.
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`{00382309}
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`11
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`51.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 51 and, therefore, denies these allegations.
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`52.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 52 and, therefore, denies these allegations.
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`53.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 53 and, therefore, denies these allegations.
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`54.
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`Paragraph 54 contains Plaintiffs’ explanation of a defined term, to which no
`
`response is required. To the extent a response is required, Tyson denies such characterizations
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`and/or allegations.
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`55.
`
`Tyson admits the allegations in Paragraph 55. Tyson states that it does not sell, and
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`never sold during the Class Period, whole turkeys.
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`56.
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`Tyson admits the allegations in Paragraph 56. Tyson states that it does not sell, and
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`never sold during the Class Period, whole turkeys.
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`57.
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`Tyson admits the allegations in Paragraph 57. Tyson states that it does not sell, and
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`never sold during the Class Period, whole turkeys.
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`58.
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`Tyson admits the allegations in Paragraph 58. Tyson states that it does not sell, and
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`never sold during the Class Period, whole turkeys.
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`59.
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`Paragraph 59 contains Plaintiffs’ explanation of a defined term, to which no
`
`response is required. To the extent a response is required, Tyson denies such characterizations
`
`and/or allegations.
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`60.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 60 and, therefore, denies these allegations.
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`61.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`{00382309}
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`12
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`the allegations in Paragraph 61 and, therefore, denies these allegations.
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`62.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 62 and, therefore, denies these allegations.
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`63.
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`Tyson admits only that Tyson submits information to Agri Stats and Agri Stats
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`reports anonymized information to Tyson for pro-competitive benchmarking purposes. All other
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`allegations contained in Paragraph 63 are denied. Tyson specifically denies the conspiracy alleged
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`in the Complaint. Furthermore, Tyson lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations about co-defendants and/or third parties in Paragraph 63 and,
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`therefore, denies these allegations. Tyson denies the remaining allegations in Paragraph 63 not
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`otherwise specifically admitted in this Answer, and further states that its turkey-products business
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`(not acquired by Tyson until 2014) subscribed to similar procompetitive industry reports through
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`a service called Agrimetrics since at least 2000.
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`64.
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`The allegations set forth in Paragraph 64 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in these
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`Paragraphs could be construed as allegations against Tyson, Tyson lacks knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations in Paragraph 64 and, therefore,
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`denies these allegations. To the extent the allegations in Paragraph 64 characterize or describe
`
`documents or other sources, Tyson states that such sources speak for themselves and denies any
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`characterization or description that is inconsistent therewith.
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`65.
`
`Tyson admits only that Tyson and some other turkey producers submit information
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`to Agri Stats and Agri Stats reports anonymized information to Tyson for pro-competitive
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`benchmarking purposes. Tyson lacks knowledge or information sufficient to form a belief as to
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`the truth of the remaining allegations in Paragraph 66 and, therefore, denies these allegations.
`
`{00382309}
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`13
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`66.
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`Tyson denies the allegations in Paragraph 70. To the extent the allegations in
`
`Paragraph 70 characterize or describe documents or other sources, Tyson notes that such sources
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`speak for themselves and denies any characterization or description that is inconsistent therewith.
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`67.
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`The allegations set forth in Paragraph 71 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in these
`
`Paragraphs could be construed as allegations against Tyson, Tyson specifically denies the
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`conspiracy alleged in the Complaint. Tyson lacks knowledge or information sufficient to form a
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`belief as to the truth of the remaining allegations in Paragraph 71 and, therefore, denies the
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`allegations. To the extent the allegations refer to the complaints in the Broiler Chicken Antitrust
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`Litigation, such pleadings speak for themselves.
`
`68.
`
`The allegations set forth in Paragraph 68 are not directed to Tyson and, therefore,
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`no response is required from Tyson. To the extent any of the allegations set forth in this Paragraph
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`could be construed as allegations against Tyson, Tyson lacks knowledge or information sufficient
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`to form a belief as to the truth of the allegations in Paragraph 68 and, therefore, denies these
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`allegations. To the extent the allegations in Paragraph 68 characterize or describe documents or
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`other sources, Tyson notes that such sources speak for themselves and denies any characterization
`
`or description that is inconsistent therewith.
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`69.
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`Tyson denies the conspiracy alleged in the Complaint. To the extent the allegations
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`in Paragraph 69 characterize or describe documents or other sources, Tyson notes that such sources
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`speak for themselves and denies any characterization or description that is inconsistent therewith.
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`70.
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`Tyson admits only that Tyson submits information to Agri Stats and Agri Stats
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`reports anonymized information to Tyson for pro-competitive benchmarking purposes. Tyson
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`specifically denies the conspiracy alleged in the Complaint. Tyson lacks knowledge or information
`
`{00382309}
`
`14
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`Case: 1:20-cv-02295 Document #: 107 Filed: 12/10/20 Page 15 of 50 PageID #:1910
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`
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`sufficient to form a belief as to the truth of the remaining allegations in Paragraph 70 and, therefore,
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`denies these allegations.
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`71.
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`Tyson lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 71 and, therefore, denies these allegations. To the extent that the
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`allegations in Paragraph 71 relate to other Defendants and/or third parties to this action, Tyson
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`denies knowledge or information sufficient to form a belief as to the truth of the allegations and,
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`therefore, denies those allegations.
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`72.
`
`Tyson denies the conspiracy alleged in the Complaint. Tyson admits only that
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`Tyson submits information to Agri Stats and Agri Stats reports anonymized information to Tyson
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`for pro-competitive benchmarking purposes. Tyson denies the remaining allegations set forth in
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`Paragraph 72. Further, to the extent that the allegations in Paragraph 72 relate to other Defendants
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`and/or third parties to this action, Tyson denies knowledge or information sufficient to form a
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`belief as to the truth of the allegations and, therefore, denies these allegations on this additional
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`basis.
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`73.
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`Tyson denies the allegations in Paragraph 73.
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`74.
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`Tyson admits only that Tyson and some other turkey producers submit information
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`to Agri Stats and Agri Stats reports anonymized information to Tyson for pro-competitive
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`benchmarking purposes. Tyson denies the characterization of the Agri Stats reports set forth in
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`Paragraph 74. All other remaining allegations in Paragraph 74 are denied. Furthermore, to the
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`extent the allegations in Paragraph 74 characterize or describe documents or other sources, Tyson
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`notes that such sources speak for themselves and denies any characterization or description that is
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`inconsistent therewith.
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`75.
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`The allegations set forth in Paragraph 75 are not directed to Tyson and, therefore,
`
`{00382309}
`
`15
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`Case: 1:20-cv-02295 Document #: 107 Filed: 12/10/20 Page 16 of 50 PageID #:1911
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`no response is required from Tyson. To the extent any of the allegations set forth in these
`
`Paragraphs could be construed as allegations against Tyson, Tyson lacks knowledge or information
`
`sufficient to form a belief as to the truth of the allegations and, therefore, denies these allegations.
`
`Tyson specifically denies the conspiracy alleged in the Complaint. To the extent the allegations in
`
`Paragraph 75 characterize or describe documents or other sources, Tyson states that such sources
`
`speak for themselves and denies any characterization or description that is inconsistent therewith.
`
`76.
`
`The allegations set forth in Paragraph 76 are not directed to Tyson and, therefore,
`
`no response is required from Tyson. To the extent any of the allegations set forth in these
`
`Paragraphs could be construed as allegations against Tyson, Tyson lacks knowledge or information
`
`sufficient to form a belief as to the truth of the allegations in Paragraph 76 and, therefore, denies
`
`these allegations.
`
`77.
`
`The allegations set forth in Paragraph 77 are not directed to Tyson and, therefore,
`
`no response is required from Tyson. To the extent any of the allegations set forth in these
`
`Paragraphs could be construed as allegations against Tyson, Tyson only admits that Tyson submits
`
`information to Agri Stats and Agri Stats reports anonymized information to Tyson for pro-
`
`competitive benchmarking purposes. To the extent the allegations in Paragraph 77 characterize or
`
`describe documents or other sources, Tyson notes that such sources speak for themselves and
`
`denies any characterization or description that is inconsistent therewith. Tyson lacks knowledge
`
`or information sufficient to form a belief as to the truth of the remaining allegations in Paragraph
`
`77 and, therefore, denies these allegations.
`
`7