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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`
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`Jury Trial Demanded
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`(Related to In re Broiler Chicken Antitrust
`Litigation – Case No. 1:16-cv-8637)
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`ZAXBY’S FRANCHISING LLC,
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` Plaintiffs,
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`v.
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`TYSON FOODS, INC., et al.,
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` Defendants
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`
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`COMPLAINT
`Plaintiff Zaxby’s Franchising LLC (“Zaxby’s”) is a Georgia corporation with its
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`1.
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`principal place of business in Athens, Georgia. Zaxby’s owns, operates, or alternatively is the
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`franchisor (and trademark licensor) of, more than 500 Zaxby’s branded restaurants in the United
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`States (the “Zaxby’s Branded Restaurants”).1
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`2.
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`Restaurants like Zaxby’s serve their proprietary chicken products in multiple
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`locations throughout the country. To ensure consistency in taste and quality of its products across
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`hundreds of locations, Zaxby’s, like many restaurants, negotiated and contracted directly with
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`Defendants for the production and supply of chicken for the Zaxby’s Branded Restaurants,
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`according to Zaxby’s unique recipes and specifications. These negotiations and contracts
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`governed the price and quantity at which Defendants would supply the Zaxby’s Branded
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`Pursuant to the Court’s Orders in In re Broiler Chicken Antitrust Litig., 1:16-cv-08637, the
`1
`Direct Action Plaintiffs filed “a [C]onsolidated [C]omplaint” [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]. In an effort to promote efficiency, Zaxby’s 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. If the Court prefers
`a different form or process, Zaxby’s will withdraw this pleading and proceed according to the
`Court’s direction.
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`1
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`Case: 1:21-cv-00486 Document #: 1 Filed: 01/27/21 Page 2 of 4 PageID #:2
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`Restaurants with Broilers (as that term is defined in the Consolidated Complaint).
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`3.
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`Zaxby’s provided Defendants with instructions regarding each step of the
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`preparation and packaging process for its chicken products, including the recipe for Zaxby’s
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`products and specific requirements for packaging and labeling Zaxby’s proprietary products.
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`4.
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`The agreements entered into between Zaxby’s and Defendants and co-conspirators
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`set forth the agreed price and volume of chicken products to be sold to Zaxby’s.
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`5.
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`Zaxby’s brings this action on its own behalf, and additionally and alternatively, as
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`assignee of Performance Food Group, Inc. (“PFG”).
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`6.
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`During the conspiracy period, Zaxby’s purchased hundreds of millions of dollars’
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`worth of Broilers directly from certain Defendants and co-conspirators at artificially inflated prices
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`throughout the Conspiracy Period. Zaxby’s contracted directly with Defendants and their co-
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`conspirators for the purchase of Broilers, negotiating the price and quantity at which Defendants
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`would supply Zaxby’s with Broilers. As such, Zaxby’s has suffered antitrust injury as a result of
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`Defendants’ anticompetitive and unlawful conduct.
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`7.
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`Also during the Conspiracy Period, PFG purchased Broilers on behalf of Zaxby’s
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`from Defendants and their co-conspirators. PFG has assigned its claims arising out of these
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`purchases to Zaxby’s.
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`8.
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`Zaxby’s was damaged by Defendants’ anticompetitive and illegal conduct by
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`paying artificially inflated prices for Broilers, and therefore has suffered antitrust injury as a result
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`of Defendants’ conduct. Zaxby’s brings this action to recover the overcharges it paid for Broilers
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`purchased during the Conspiracy Period.
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`9.
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`Zaxby’s brings this action for damages under the federal antitrust laws against the
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`defendants identified below and incorporates by reference Direct Action Plaintiffs’ Consolidated
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`2
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`Case: 1:21-cv-00486 Document #: 1 Filed: 01/27/21 Page 3 of 4 PageID #:3
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`Complaint and Demand for Jury Trial [ECF Nos. 3924, 3922] filed in In re Broiler Chicken
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`Antitrust Litigation, 1:16-cv-08637 (N.D. Ill.) on October 23, 2020.
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`10.
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`Zaxby’s joins Section II of the Direct Action Plaintiffs’ Consolidated Complaint
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`and Demand for Jury Trial [ECF Nos. 3924, 3922], adding the following to specify Zaxby’s causes
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`of action and the Defendants and Co-Conspirators in Zaxby’s action.
`
`
`
`
`Operative
`Complaint
`(Reference is
`to Sealed
`Version, if
`applicable)
`TBD
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`Plaintiff Name
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`Zaxby’s Franchising
`LLC
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`
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`Named-Co-
`Conspirators (if
`any)
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`Amick; George’s;
`Peco; Fieldale;
`Allen Harim;
`Keystone Foods;
`Marshall Durbin
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`Causes of Action
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`Count I (Sherman Act
`Claim for all
`Anticompetitive
`Conduct).
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`Named Defendants
`(Not Previously
`Dismissed)
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`Claxton; Mar-
`Jac; Agri Stats;
`Case; Foster
`Farms; Harrison;
`House of
`Raeford;
`Koch;
`Mountaire; O.K.
`Foods; Perdue;
`Pilgrim’s Pride,
`Sanderson; Simmons;
`Tyson; Wayne
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`PRAYER FOR RELIEF
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`WHEREFORE, Zaxby’s 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 Zaxby’s;
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`Award Zaxby’s damages in an amount to be determined at trial to the maximum
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`extent allowed under federal antitrust laws, and enter a joint and several judgment in favor of
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`Zaxby’s against Defendants in an amount to be trebled as provided by law;
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`C.
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`Award Zaxby’s post-judgment interest as provided by law, with such interest to be
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`awarded at the highest legal rate;
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`D.
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`Award Zaxby’s attorneys’ fees, litigation expenses, and costs, as provided by law;
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`3
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`Case: 1:21-cv-00486 Document #: 1 Filed: 01/27/21 Page 4 of 4 PageID #:4
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`and
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`E.
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`Grant Zaxby’s such other and further relief that the Court may deem just and proper.
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`JURY DEMAND
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`Pursuant to Federal Rule of Civil Procedure 38(b), Zaxby’s demands a trial by jury on all
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`issues so triable.
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`Dated: January 27, 2021
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`Respectfully submitted,
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`ZAXBY’S FRANCHISING LLC
`
`
`By: /s/ Lori P. Lustrin
`Robert W. Turken (pro hac vice)
`Lori P. Lustrin (pro hac vice)
`Scott N. Wagner (pro hac vice)
`BILZIN SUMBERG BAENA PRICE &
`AXELROD LLP
`1450 Brickell Ave., Suite 2300
`Miami, Florida 33131-3456
`Telephone: 305-374-7580
`Facsimile: 305-374-7593
`rturken@bilzin.com
`llustrin@bilzin.com
`swagner@bilzin.com
`
`Andrew P. Bleiman
`Mark I. Fishbein
`MARKS & KLEIN, LLP
`1363 Shermer Road, Suite 318
`Northbrook, Illinois 60062
`Telephone: 312-206-5162
`Facsimile: 312-420-5568
`andrew@marksklein.com
`mark@marksklein.com
`
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`4
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