Case: 1:20-cv-07831 Document #: 1 Filed: 12/31/20 Page 1 of 10 PageID #:1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
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`Case No. _______________
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`McLANE COMPANY, INC.,
`McLANE/MID-ATLANTIC, INC.
`McLANE/MIDWEST, INC., McLANE
`MINNESOTA, INC., McLANE NEW
`JERSEY, INC, McLANE/EASTERN,
`INC., McLANE/SUNEAST, INC.,
`McLANE OHIO, INC.,
`McLANE/SOUTHERN, INC.,
`McLANE/WESTERN, INC., McLANE
`EXPRESS, INC., KINEXO, INC.,
`McLANE FOODSERVICE
`DISTRIBUTION, INC., and McLANE
`FOODSERVICE INC.’s COMPLAINT
`AND JURY DEMAND
`
`McLANE COMPANY, INC., d/b/a
`McLane/Southwest, McLane/Southeast,
`McLane Southeast, McLane/Northwest,
`McLane/Southeast – Dothan, McLane/ High
`Plains, and McLane/North Texas;
`McLANE/MID-ATLANTIC, INC., d/b/a
`McLane/Carolina and McLane Mid-Atlantic;
`McLANE/MIDWEST, INC., d/b/a
`McLane/Cumberland, McLane/Midwest,
`McLane Midwest, and McLane/Ozark;
`McLANE MINNESOTA, INC.; McLANE
`NEW JERSEY, INC; McLANE/EASTERN,
`INC., d/b/a McLane/Northeast,
`McLane/Northeast-Concord, and McLane PA;
`McLANE/SUNEAST, INC., d/b/a
`McLane/Pacific, McLane/Southern
`California, McLane/Sunwest, McLane
`Sunwest, McLane/Suneast, and McLane
`Ocala; McLANE OHIO, INC.;
`McLANE/SOUTHERN, INC.;
`McLANE/WESTERN, INC.; McLANE
`EXPRESS, INC., d/b/a C.D. Hartnett
`Company, Inc.; KINEXO, INC; McLANE
`FOODSERVICE DISTRIBUTION, INC.;
`and, McLANE FOODSERVICE INC.,
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`Plaintiffs,
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`v.
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`PILGRIM’S PRIDE 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.; SANDERSON FARMS,
`INC.; SANDERSON FARMS, INC. (FOOD
`DIVISION); SANDERSON FARMS, INC.
`(PRODUCTION DIVISION); KEYSTONE
`FOODS, LLC; KEYSTONE FOODS
`CORPORATION; EQUITY GROUP
`EUFAULA DIVISION, LLC; EQUITY
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`

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`
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`GROUP KENTUCKY DIVISION LLC;
`EQUITY GROUP – GEORGIA DIVISION
`LLC SANDERSON FARMS, INC.; HOUSE
`OF RAEFORD FARMS, INC.; SIMMONS
`FOODS, INC.; SIMMONS PREPARED
`FOODS, INC.; GEORGE’S, INC.;
`GEORGE’S FARMS, INC.; MARJAC
`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; PERDUE FARMS, INC.; PERDUE
`FOODS, LLC; WAYNE FARMS, LLC; O.K.
`FOODS, INC.; O.K. FARMS, INC.; O.K.
`INDUSTRIES, INC.; PECO FOODS, INC.;
`HARRISON POULTRY, INC.; FOSTER
`FARMS, LLC; FOSTER POULTRY
`FARMS; CLAXTON POULTRY FARMS,
`INC.; NORMAN W. FRIES, INC.;
`MOUNTAIRE FARMS, INC.;
`MOUNTAIRE FARMS, LLC; MOUNTAIRE
`FARMS OF DELAWARE, INC.; 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.; FIELDALE
`FARMS CORPORATION; AGRI STATS,
`INC.; UTRECHT-AMERICA HOLDINGS,
`INC.; RABO AGRIFINANCE LLC
`RABOBANK; USA FINANCIAL
`CORPORATION; and UTRECHT-
`AMERICA FINANCE CO.
`
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`Defendants.
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`
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`Plaintiffs McLANE COMPANY, INC., d/b/a McLane/Southwest, McLane/Southeast,
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`McLane Southeast, McLane/Northwest, McLane/Southeast – Dothan, McLane/ High Plains, and
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`McLane/North Texas; McLANE/MID-ATLANTIC, INC., d/b/a McLane/Carolina and McLane
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`Mid-Atlantic; McLANE/MIDWEST, INC., d/b/a McLane/Cumberland, McLane/Midwest,
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`McLane Midwest, and McLane/Ozark; McLANE MINNESOTA, INC.; McLANE NEW
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`JERSEY, INC; McLANE/EASTERN, INC., d/b/a McLane/Northeast, McLane/Northeast-
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`Concord, and McLane PA; McLANE/SUNEAST, INC., d/b/a McLane/Pacific, McLane/Southern
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`California, McLane/Sunwest, McLane Sunwest, McLane/Suneast, McLane Ocala; McLANE
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`OHIO, INC.; McLANE/SOUTHERN, INC.; McLANE/WESTERN, INC; McLANE EXPRESS,
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`INC., d/b/a C.D. Hartnett Company, Inc.; KINEXO, INC.; McLANE FOODSERVICE
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`DISTRIBUTION, INC.; and McLANE FOODSERVICE, INC. (collectively “McLane”) bring this
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`action for treble damages under state and federal laws against Defendants identified below.
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`McLane alleges as follows:
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`1.
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`McLANE COMPANY, INC., d/b/a McLane/Southwest, McLane/Southeast,
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`McLane Southeast, McLane/Northwest, McLane/Southeast – Dothan, McLane/ High Plains, and
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`McLane/North Texas is a leading supply chain services company providing grocery and
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`foodservice supply chain solutions to convenience stores, discount retailers, wholesale clubs, drug
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`stores, military bases, and restaurants throughout the United States. McLANE COMPANY, INC.
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`is a Texas corporation with its principal place of business in Temple, Texas. It, along with its
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`subsidiaries and affiliates, purchased Broilers directly from one or more Defendants during the
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`Relevant Period, as described in the allegations contained in the Direct Action Plaintiffs’
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`Consolidated Complaint and Demand for Jury Trial [ECF Nos. 3924, 3922], filed in In re Broiler
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`
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`Chicken Antitrust Litigation, 1:16-cv-08637 (N.D. Ill.) on October 23, 2020,1 and suffered injury
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`as a result of the violations alleged in this Complaint.
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`2.
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`McLANE/MID-ATLANTIC, INC., d/b/a McLane/Carolina and McLane Mid-
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`Atlantic, is a Texas corporation with its principal place of business in Temple, Texas. It is a wholly-
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`owned subsidiary of McLANE COMPANY, INC. It purchased Broilers directly from one or more
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`Defendants during the Relevant Period and suffered injury as a result of the violations alleged in
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`this Complaint.
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`3.
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`McLANE/MIDWEST, INC., d/b/a McLane/Cumberland, McLane/Midwest,
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`McLane Midwest, and McLane/Ozark is a Texas corporation with its principal place of business
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`in Temple, Texas. It is a wholly-owned subsidiary of McLANE COMPANY, INC. It purchased
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`Broilers directly from one or more Defendants during the Relevant Period and suffered injury as a
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`result of the violations alleged in this Complaint.
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`4.
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`McLANE MINNESOTA, INC. is a Texas corporation with its principal place of
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`business in Temple, Texas. It is a wholly-owned subsidiary of McLANE COMPANY, INC. It
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`purchased Broilers directly from one or more Defendants during the Relevant Period and suffered
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`injury as a result of the violations alleged in this Complaint.
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`1 Pursuant to the Court’s orders in In re Broiler Chicken Antitrust Litig., 1:16-cv-08637, the Direct-
`Action Plaintiffs filed “a consolidated complaint” [ECF Nos. 3778, 3653, 3525] containing “all the
`allegations the Direct-Action Plaintiffs make against all Defendants” on October 23, 2020 [ECF Nos. 3924,
`3922]. On October 27, 20202, this Court’s Order Granting Defendants’ Motion to Stay Obligation to
`Answer Direct Action Plaintiffs’ Consolidated Complaint [ECF No. 3942], ordered that “any additional
`DAP complaints filed prior to the resolution of DAP’s Motion to Amend and not already included in the
`consolidated amended complaint filed on October 23,2020 be included in any amended complaint filed.”
`Based on these Orders it appears that new DAP complaints are to ultimately be consolidated, even if filed
`after the October 23, 2020 consolidated complaint. In an effort to promote efficiency, McLane files this
`abbreviated pleading that incorporates by reference and adopts the allegations set forth in Direct Action
`Plaintiffs’ Consolidated Complaint and Demand for Jury Trial, as amended. If the Court prefers a different
`form or process, McLane will withdraw this pleading and proceed according to the Court’s direction.
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`5.
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`McLANE NEW JERSEY, INC. is a Delaware corporation with its principal place
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`of business in Temple, Texas. It is a wholly-owned subsidiary of McLANE COMPANY, INC. It
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`purchased Broilers directly from one or more Defendants during the Relevant Period and suffered
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`injury as a result of the violations alleged in this Complaint.
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`6.
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`McLANE/EASTERN,
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`INC., d/b/a McLane/Northeast, McLane/Northeast-
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`Concord, and McLane PA is a Texas corporation with its principal place of business in Temple,
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`Texas. It is a wholly-owned subsidiary of McLANE COMPANY, INC. It purchased Broilers
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`directly from one or more Defendants during the Relevant Period and suffered injury as a result of
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`the violations alleged in this Complaint.
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`7.
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`McLANE/SUNEAST, INC., d/b/a McLane/Pacific, McLane/Southern California,
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`McLane/Sunwest, McLane Sunwest, McLane/Suneast, and McLane Ocala is a Texas corporation
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`with its principal place of business in Temple, Texas. It is a wholly-owned subsidiary of McLANE
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`COMPANY, INC. It purchased Broilers directly from one or more Defendants during the Relevant
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`Period and suffered injury as a result of the violations alleged in this Complaint.
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`8.
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`McLANE OHIO, INC. is a Texas corporation with its principal place of business
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`in Temple, Texas. It is a wholly-owned subsidiary of McLANE COMPANY, INC. It purchased
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`Broilers directly from one or more Defendants during the Relevant Period and suffered injury as a
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`result of the violations alleged in this Complaint.
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`9.
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`McLANE/SOUTHERN, INC. is a Mississippi corporation with its principal place
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`of business in Temple, Texas. It is a wholly-owned subsidiary of McLANE COMPANY, INC. It
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`purchased Broilers directly from one or more Defendants during the Relevant Period and suffered
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`injury as a result of the violations alleged in this Complaint.
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`10. McLANE/WESTERN, INC. is a Colorado corporation with its principal place of
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`business in Temple, Texas. It is a wholly-owned subsidiary of McLANE COMPANY, INC. It
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`purchased Broilers directly from one or more Defendants during the Relevant Period and suffered
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`injury as a result of the violations alleged in this Complaint.
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`11. McLANE EXPRESS, INC., d/b/a C.D. Hartnett Company, Inc. is a Texas
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`corporation with its principal place of business in Weatherford, Texas. It is a wholly-owned
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`subsidiary of McLANE COMPANY, INC. It purchased Broilers directly from one or more
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`Defendants during the Relevant Period and suffered injury as a result of the violations alleged in
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`this Complaint.
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`12.
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`KINEXO, INC. is a North Carolina corporation with its principal place of business
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`in Rocky Mount, North Carolina. It is a wholly-owned subsidiary of McLANE COMPANY, INC.
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`It purchased Broilers directly from one or more Defendants during the Relevant Period and
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`suffered injury as a result of the violations alleged in this Complaint.
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`13. McLANE FOODSERVICE DISTRIBUTION, INC.
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`is a North Carolina
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`corporation with its principal place of business in Rocky Mount, North Carolina. It is a wholly-
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`owned subsidiary of McLANE COMPANY, INC. It purchased Broilers directly from one or more
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`Defendants during the Relevant Period and suffered injury as a result of the violations alleged in
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`this Complaint.
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`14. McLANE FOODSERVICE, INC. is a Texas corporation with its principal place of
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`business in Temple, Texas. It is a wholly-owned subsidiary of McLANE COMPANY, INC. It
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`purchased Broilers directly from one or more Defendants during the Relevant Period and suffered
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`injury as a result of the violations alleged in this Complaint.
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`15.
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`Collectively, Plaintiffs are referred to as “McLane.”
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`16.
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`On October 15, 2018, McLane Company, Inc. and various other foodservice-related
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`subsidiaries opted out of the Settlement Class as it related to the Settlement Agreement with
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`Fieldale Farms Corporation in In re: Broiler Chicken Antitrust Litigation.
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`17.
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`On March 9, 2020, McLane Company, Inc. and various other foodservice-related
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`subsidiaries and affiliates opted out of the Settlement Class as it related to Settlement Agreements
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`with Peco Foods, Inc., George’s, Inc. and George’s Farms, Inc., and Amick Farms, LLC in In re:
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`Broiler Chicken Antitrust Litigation.
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`18.
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`During the time relevant to McLane’s claims, McLane directly purchased Broiler
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`chicken in the United States from one or more of the Defendants and/or their co-conspirators and
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`sustained injury and damage to its business as a proximate result of the antitrust violations and
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`other unlawful activities alleged in this Complaint.
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`19. McLane brings this action for damages under the federal antitrust laws, Georgia
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`RICO laws, and Federal RICO laws against the defendants identified below and incorporates by
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`reference Direct Action Plaintiffs’ Consolidated Complaint and Demand for Jury Trial [ECF Nos.
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`3924, 3922], filed in In re Broiler Chicken Antitrust Litigation, 1:16-cv-08637 (N.D. Ill.) on
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`October 23, 2020, and Certain Direct Action Plaintiffs’ Motion for Leave to Amend Their
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`Complaints [ECF 3897], filed in In re Broiler Chicken Antitrust Litigation, 1:16-cv-08637 (N.D.
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`Ill.), on October 20, 2020, and the Proposed Amended Complaint contemplated2 by Certain Direct
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`Action Plaintiffs’ Motion for Leave to Amend Their Complaints.
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`20.
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`In addition, McLane joins Section II of the Direct Action Plaintiffs’ Consolidated
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`Complaint and Demand for Jury Trial [ECF Nos. 3924, 3922] and Section III(D) of Certain Direct
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`2 The Motion to Amend does not appear to attach a proposed amended complaint.
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`Action Plaintiffs’ Motion for Leave to Amend Their Complaints [ECF 3897], adding the following
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`to specify McLane’s causes of action and the Defendants and Co-Conspirators in McLane’s action:
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`Plaintiff Name
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`McLane
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`Named Defendants
`(Not Previously
`Dismissed)
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`Agri Stats; Case;
`Claxton; Foster
`Farms; Harrison;
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`Operative
`Complaint
`(Reference is
`to Sealed
`Version, if
`applicable)
`Direct Action
`Plaintiffs’
`Consolidated
`Complaint and House of Raeford;
`Demand for Jury Keystone Foods;
`Trial [ECF Nos. Koch; Mar-Jac;
`Mountaire;
`3924, 3922],
`O.K. Foods; Perdue
`along with any
`Pilgrim’s Pride;
`subsequent
`Sanderson; Simmons;
`amendments
`Tyson; Wayne;
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`Amick; Fieldale;
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`George’s; Peco
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`Rabobank
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`Named-Co-
`Conspirators (if
`any)
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`Causes of Action
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`Allen Harim;
`Marshall Durbin;
`Defendant Family Co-
`Conspirators
` Tip Top
` Southern Hens
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`Count I (Sherman Act
`Claim for all
`Anticompetitive Conduct);
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`Count II (Sherman Act
`Claim for Output
`Restriction, Pled in the
`Alternative to Count I);
`Count III (Sherman Act
`Claim for GA Dock
`Manipulation, Pled in the
`Alternative to Count I);
`Count IV (GA RICO
`Based on 16-14-4(a));
`Count V (GA RICO Based
`on 16-14-4(b));
`Count VI (Federal RICO)
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`PRAYER FOR RELIEF
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`WHEREFORE, McLane respectfully requests that the Court:
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`A.
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`B.
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`Enter joint and several judgments against Defendants in favor of McLane;
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`Award McLane damages against Defendants in a joint and several judgment for an
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`amount to be determined at trial to the maximum extent allowed under the claims stated above as
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`well as treble damages, any other enhancement of damages, attorneys’ fees, expenses, and costs
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`as provided by law;
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`C.
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`Award McLane damages in an amount to be determined at trial to the maximum
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`extent allowed under Georgia RICO (Ga. Code Ann. § 16-14-1 et seq.), Federal RICO (18
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`U.S.C. § 1961 et seq.), and enter a judgment in favor of McLane against the Georgia Dock
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`Defendants, with the judgment being for joint and several liability, in an amount to be trebled to
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`the extent such laws permit;
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`D.
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`E.
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`Award McLane punitive damages as appropriate under applicable law;
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`Award McLane its pre- and post-judgment interest as provided by law, with such
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`interest to be awarded at the highest legal rate;
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`F.
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`Award McLane its attorneys’ fees, litigation expenses, and costs, as provided by
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`law, including the federal antitrust laws, Georgia RICO, and Federal RICO;
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`G.
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`Award McLane the costs of investigation and litigation pursuant to Ga. Code Ann.
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`§ 16-14-6(c); and
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`H.
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`Grant McLane such other and further relief that the Court may deem just and proper.
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`I.
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`JURY TRIAL DEMANDED
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`McLane demands a trial by jury, pursuant to Rule 38(b) of the Federal Rules of Civil
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`Procedure, of all issues so triable.
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`Case: 1:20-cv-07831 Document #: 1 Filed: 12/31/20 Page 10 of 10 PageID #:10
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`Dated: December 31, 2020.
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`Respectfully submitted,
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`s/ Adam A. Hachikian
`Kathryn A. Reilly (application in process)
`Marissa S. Ronk (ARDC #6306862)
`Judith P. Youngman (application in process)
`Wheeler Trigg O’Donnell LLP
`370 Seventeenth Street, Suite 4500
`Denver, Colorado 80202
`Telephone: 303.244.1800
`Facsimile: 303.244.1879
`Email: ronk@wtotrial.com
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`Adam A. Hachikian (ARDC # 6283021)
`Fox Swibel Levin & Carroll LLP
`200 W. Madison Street, Suite 3000
`Chicago, Illinois 60606
`Telephone: 312-224-1200
`Facsimile: 312-224-1201
`Email: ahachikian@foxswibel.com
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`Attorneys for Plaintiffs McLANE COMPANY,
`INC., McLANE/MID-ATLANTIC, INC.
`McLANE/MIDWEST, INC., McLANE
`MINNESOTA, INC.; McLANE NEW JERSEY,
`INC; McLANE/EASTERN, INC.,
`McLANE/SUNEAST, INC., McLANE OHIO,
`INC., McLANE/SOUTHERN, INC.,
`McLANE/WESTERN, INC., McLANE
`EXPRESS, INC., KINEXO, INC., McLANE
`FOODSERVICE DISTRIBUTION, INC., and
`McLANE FOODSERVICE INC.
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