Case: 1:21-cv-00261 Document #: 1 Filed: 01/15/21 Page 1 of 5 PageID #:1
`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`COMPLAINT
`
`Jury Trial Demanded
`
`RED BIRD FARMS DISTRIBUTION COMPANY
`Plaintiff,
`
`v.
`PILGRIM’S PRIDE CORPORATION; AGRI STATS,
`INC.; CASE FOODS, INC.; CASE FARMS, LLC;
`CASE FARMS PROCESSING, INC.; CLAXTON
`POULTRY FARMS, INC.; NORMAN W. FRIES,
`INC.; FOSTER FARMS, LLC; FOSTER POULTRY
`FARMS; HARRISON POULTRY, INC.; HOUSE OF
`RAEFORD FARMS, INC.; KEYSTONE FOODS LLC;
`EQUITY GROUP EUFAULA DIVISION, LLC;
`EQUITY GROUP KENTUCKY DIVISION LLC;
`EQUITY GROUP—GEORGIA DIVISION LLC;
`KOCH FOODS, INC.; JCG FOODS OF ALABAMA,
`LLC; JCG FOODS OF GEORGIA, LLC; KOCH
`MEAT CO., 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; MOUNTAIRE
`FARMS, INC.; MOUNTAIRE FARMS, LLC;
`MOUNTAIRE FARMS OF DELAWARE, INC.; O.K.
`FOODS, INC.; O.K. FARMS, INC.; O.K.
`INDUSTRIES, INC.; PERDUE FARMS, INC.;
`PERDUE FOODS, LLC; SANDERSON FARMS,
`INC.; SANDERSON FARMS, INC. (FOODS
`DIVISION); SANDERSON FARMS, INC.
`(PRODUCTION DIVISION; SANDERSON FARMS,
`INC. (PROCESSING DIVISION); SIMMONS
`FOODS, INC.; SIMMONS PREPARED FOODS, INC.;
`TYSON FOODS, INC.; TYSON CHICKEN, INC.;
`TYSON BREEDERS, INC.; TYSON POULTRY,
`INC.; UTRECT-AMERICA HOLDINGS, INC.; RABO
`AGRIFINANCE LLC; RABOBANK USA
`FINANCIAL CORPORATION; UTRECT-AMERICA
`FINANCE CO.; and WAYNE FARMS, LLC
`Defendants.
`
`PLAINTIFF’S COMPLAINT
`AND DEMAND FOR JURY TRIAL
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`COMPLAINT
`
`Jury Trial Demanded
`
`RED BIRD FARMS DISTRIBUTION COMPANY
`Plaintiff,
`
`v.
`PILGRIM’S PRIDE CORPORATION; AGRI STATS,
`INC.; CASE FOODS, INC.; CASE FARMS, LLC;
`CASE FARMS PROCESSING, INC.; CLAXTON
`POULTRY FARMS, INC.; NORMAN W. FRIES,
`INC.; FOSTER FARMS, LLC; FOSTER POULTRY
`FARMS; HARRISON POULTRY, INC.; HOUSE OF
`RAEFORD FARMS, INC.; KEYSTONE FOODS LLC;
`EQUITY GROUP EUFAULA DIVISION, LLC;
`EQUITY GROUP KENTUCKY DIVISION LLC;
`EQUITY GROUP—GEORGIA DIVISION LLC;
`KOCH FOODS, INC.; JCG FOODS OF ALABAMA,
`LLC; JCG FOODS OF GEORGIA, LLC; KOCH
`MEAT CO., 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; MOUNTAIRE
`FARMS, INC.; MOUNTAIRE FARMS, LLC;
`MOUNTAIRE FARMS OF DELAWARE, INC.; O.K.
`FOODS, INC.; O.K. FARMS, INC.; O.K.
`INDUSTRIES, INC.; PERDUE FARMS, INC.;
`PERDUE FOODS, LLC; SANDERSON FARMS,
`INC.; SANDERSON FARMS, INC. (FOODS
`DIVISION); SANDERSON FARMS, INC.
`(PRODUCTION DIVISION; SANDERSON FARMS,
`INC. (PROCESSING DIVISION); SIMMONS
`FOODS, INC.; SIMMONS PREPARED FOODS, INC.;
`TYSON FOODS, INC.; TYSON CHICKEN, INC.;
`TYSON BREEDERS, INC.; TYSON POULTRY,
`INC.; UTRECT-AMERICA HOLDINGS, INC.; RABO
`AGRIFINANCE LLC; RABOBANK USA
`FINANCIAL CORPORATION; UTRECT-AMERICA
`FINANCE CO.; and WAYNE FARMS, LLC
`Defendants.
`
`PLAINTIFF’S COMPLAINT
`AND DEMAND FOR JURY TRIAL
`
`
`
`Case: 1:21-cv-00261 Document #: 1 Filed: 01/15/21 Page 2 of 5 PageID #:2
`
`Plaintiff Red Bird Farms Distribution Company (“Red Bird”) brings this action for
`
`damages under the antitrust laws of the United States against the above-captioned Defendants and
`
`alleges as follows:.
`
`1.
`
`Red Bird is a Colorado corporation with its principal place of business in
`
`Englewood, Colorado. Red Bird processes chicken for distribution to retail grocers and restaurants.
`
`2.
`
`Red Bird has purchased millions of dollars’ worth of Broilers directly from certain
`
`Defendants and co-conspirators throughout the conspiracy period. Red Bird has suffered antitrust
`
`injury and damages as a result of the antitrust violations alleged in this Complaint.
`
`3.
`
`Red Bird brings this action for damages under the federal antitrust laws against the
`
`defendants identified below and incorporates by reference Direct Action Plaintiffs’ Consolidated
`
`Complaint and Demand for Jury Trial [ECF Nos. 3924, .3922] filed in In re Broiler Chicken
`
`Antitrust Litigation, 1:16-cv-08637-TD (N.D. Ill.) on October 23, 2020.1
`
`4.
`
`Red Bird joins Section II of the Direct Action Plaintiffs’ Consolidated Complaint
`
`and Demand for Jury Trial [ECF Nos. 3924, 3922], adding the following to specify Red Bird’s
`
`causes of action and the Defendants and Co-Conspirators in Red Bird’s Action:
`
`1 Pursuant to the Court’s Orders in In re Broiler Chicken Antitrust Litig., 1:16-cv-08637 (“the
`Broilers Case”), the Direct Action Plaintiffs filed “a consolidated complaint” [ECF Nos. 3778,
`3652, 3525] containing “all
`the allegations the Direct-Action Plaintiffs make against all
`Defendants” on October 23, 2020 [ECF Nos. 3924, 3922]. Red Bird files this abbreviated pleading
`that incorporates by reference and adopts the allegations set forth in the Direct Action Plaintiffs’
`Consolidated Complaint and Demand for Jury Trial to streamline the pleadings in accordance with
`the Court’s direction in the Broilers Case. See ECF No. 4139 at 5.
`
`2
`
`
`
`Case: 1:21-cv-00261 Document #: 1 Filed: 01/15/21 Page 3 of 5 PageID #:3
`
`Operative
`Complaint
`(Reference is to
`Sealed Version, if
`applicable)
`TBD
`
`Plaintiff Name
`
`Red Bird Farms
`Distribution
`Company
`
`Named Defendants
`(Not Previously
`Dismissed)
`
`Named Co-
`Conspirators (if
`any)
`
`Allen Harim;
`Amick; Fieldale;
`George’s; Marshall
`Durbin; Peco; Tip
`Top; Southern Hens
`
`Agri Stats; Case;
`Claxton; Foster
`Farms; Harrison;
`House of Raeford;
`Keystone; Koch;
`Mar-Jac; Mountaire;
`O.K. Foods; Perdue;
`Pilgrim’s;
`Rabobank;
`Sanderson;
`Simmons; Tyson;
`Wayne
`
`Causes of Action
`
`Count I (Sherman
`Act Claim for all
`Anticompetitive
`Conduct); Count II
`(Sherman Act Claim
`for Output
`Restriction, Pled in
`the Alternative to
`Count I)
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiffs respectfully request that the Court:
`
`A.
`
`B.
`
`Enter joint and several judgments against Defendants in favor of Plaintiff;
`
`Award Plaintiff damages against Defendants in a joint and several judgment for an
`
`amount to be determined at trial to the maximum extent allowed under the claims stated above as
`
`well as treble damages, any other enhancement of damages, attorneys’ fees, expenses, and costs
`
`as provided by law;
`
`C.
`
`Award Plaintiff its post-judgment interest as provided by law, with such interest to
`
`be awarded at the highest legal rate;
`
`D.
`
`Award Plaintiff its attorneys’ fees, litigation expenses, and costs, as provided by
`
`law, including the federal antitrust laws; and
`
`E.
`
`Enter an order prohibiting and permanently enjoining Defendants, their affiliates,
`
`successors, transferees, assignees and other officers, directors, partners, agents and employees
`
`thereof, and all other persons acting or claiming to act on their behalf or in concert with them, from
`
`in any manner continuing, maintaining or renewing the conduct, conspiracy, or combination
`
`3
`
`
`
`Case: 1:21-cv-00261 Document #: 1 Filed: 01/15/21 Page 4 of 5 PageID #:4
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`alleged herein, or from entering into any other conspiracy or combination having a similar purpose
`
`or effect, and from adopting or following any practice, plan, program, or device having a similar
`
`purpose or effect; and
`
`F.
`
`Grant Plaintiff such other and further relief that the Court may deem just and proper.
`
`JURY DEMAND
`Pursuant to Federal Rule of Civil Procedure 38, Plaintiff demands a trial by jury on all
`
`issues so triable.
`
`Dated: January 15, 2021
`
`Respectfully submitted,
`
`RED BIRD FARMS DISTRIBUTION COMPANY
`
`By: /s/ Paul J. Ripp
`
`Paul J. Ripp
`WILLIAMS MONTGOMERY & JOHN LTD.
`233 S. Wacker Drive, Suite 6800
`Chicago, IL 60606
`Telephone: (312) 443-3200
`Facsimile: (312) 630-8500
`pjr@willmont.com
`
`Charles E. Tompkins (pro hac vice forthcoming)
`WILLIAMS MONTGOMERY & JOHN LTD.
`1607 22nd Street, NW, Suite 300
`Washington D.C. 20008
`Telephone: (202) 791-9951
`Facsimile: (312) 630-8586
`cet@willmont.com
`
`4
`
`
`
`Case: 1:21-cv-00261 Document #: 1 Filed: 01/15/21 Page 5 of 5 PageID #:5
`
`W. Lawrence Deas (pro hac vice forthcoming)
`LISTON & DEAS PLLC
`605 Crescent Boulevard, Suite 200
`Ridgeland, MS 39157
`Telephone: (601) 981-1636
`Facsimile: (601) 982-0371
`Lawrence@listondeas.com
`
`Michael Gratz, Jr. (pro hac vice forthcoming)
`GRATZ & GRATZ, P.A.
`312 N. Green Street
`Tupelo, MS 38804
`Telephone: (662) 844-5531
`Facsimile: (662) 844-8747
`michael@gratzandgratz.com
`
`5
`
`
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