Case: 1:21-cv-00693 Document #: 1 Filed: 02/05/21 Page 1 of 5 PageID #:1
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`SONIC INDUSTRIES SERVICES INC.,
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`Plaintiff,
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`v.
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` Case No: 1:21-cv-00693
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`Jury Trial Demanded
`(Related to In re Broiler Chicken
`Antitrust Litigation – Case No.
`1:16-cv-08637)
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`TYSON FOODS, INC.; TYSON CHICKEN,
`INC.; TYSON BREEDERS, INC.; TYSON
`POULTRY, INC.; PILGRIM’S PRIDE
`CORPORATION; KOCH FOODS, INC.; JCG
`FOODS OF ALABAMA, LLC; JCG FOODS
`OF GEORGIA, LLC; KOCH MEAT CO., INC.;
`SANDERSON FARMS, INC.; SANDERSON
`FARMS, INC. (FOOD DIVISION);
`SANDERSON FARMS, INC. (PRODUCTION
`DIVISION); SANDERSON FARMS, INC.
`(PROCESSING DIVISION); HOUSE OF
`RAEFORD FARMS, INC.; MAR-JAC
`POULTRY, INC.; PERDUE FARMS, INC.;
`PERDUE FOODS, LLC; WAYNE FARMS,
`LLC; FIELDALE FARMS CORPORATION;
`GEORGE’S, INC.; GEORGE’S FARMS, INC.;
`SIMMONS FOODS, INC.; SIMMONS
`PREPARED FOODS, INC.; 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.; MOUNTAIRE
`FARMS, INC.; MOUNTAIRE FARMS, LLC;
`MOUNTAIRE FARMS OF DELAWARE, INC.;
`AGRI STATS, INC.; AMICK FARMS, LLC;
`CASE FOODS, INC.; CASE FARMS, LLC;
`CASE FARMS PROCESSING, INC.;
`KEYSTONE FOODS LLC; EQUITY GROUP
`EUFAULA DIVISION, LLC; EQUITY GROUP
`KENTUCKY DIVISION LLC; and EQUITY
`GROUP-GEORGIA DIVISION LLC,
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` Defendants.
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`124596935.5
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`Case: 1:21-cv-00693 Document #: 1 Filed: 02/05/21 Page 2 of 5 PageID #:2
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`COMPLAINT AND DEMAND FOR JURY TRIAL
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`Plaintiff Sonic Industries Services Inc. (“Sonic” or “Plaintiff”) is a Delaware
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`1.
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`corporation with its headquarters in Oklahoma City, Oklahoma. Sonic is the largest drive-in chain
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`in the United States, well-known for its unique drive-in format, carhop service model, and broad
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`menu of food and beverages.
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`2.
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`During the relevant time period, Sonic negotiated and contracted with Defendants
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`for the production and supply of Broilers. Sonic also utilized distributors to supply its restaurants
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`with Broilers purchased on their behalf pursuant to these negotiations and contracts. These
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`distributors include McLane Company, Inc. (“McLane”), Merchants Foodservice (“MF”), Ben E.
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`Keith (“BEK”), Gordon Food Service, Inc. (“GFS”), Nicholas and Company, Performance Food
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`Group, Inc. and Reinhart Foodservice LLC (collectively, “PFG”), and Shamrock Foods Company
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`(“Shamrock”), who have each assigned their claims arising out of these transactions to Sonic.
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`3.
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`Sonic brings this action on its own behalf, and as assignee of McLane, MF, BEK,
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`GFS, Nicholas and Company, PFG, and Shamrock, and their affiliates (collectively, “Assignors”).
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`The references in this Complaint to “Sonic” and/or “Plaintiff” include Sonic’s Assignors.
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`4.
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`During the time period relevant to Sonic’s claims, Sonic and/or its Assignors
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`directly purchased Broilers in the United States from Defendants and/or their co-conspirators, and
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`sustained injury and damages as a proximate result of the antitrust violations and other unlawful
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`activities alleged in this Complaint.
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`5.
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`Sonic 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’ Amended
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`Case: 1:21-cv-00693 Document #: 1 Filed: 02/05/21 Page 3 of 5 PageID #:3
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`Consolidated Complaint and Demand for Jury Trial [ECF Nos. 4243, 4244], filed in In re Broiler
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`Chicken Antitrust Litigation, 1:16-cv-08637 (N.D. Ill.) on January 29, 2021.1
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`6.
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`Sonic joins Section II of the Direct Action Plaintiffs’ Amended Consolidated
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`Complaint and Demand for Jury Trial [ECF Nos. 4243, 4244], adding the following to specify
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`Sonic’s causes of action and the Defendants and Co-Conspirators in Sonic’s action.
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`Plaintiff Name Operative Complaint
`(Reference is to
`Sealed Version, if
`applicable)
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`Sonic Industries
`Services Inc.
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` To Be Determined
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`Named Defendants
`(Not Previously
`Dismissed) 2
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`Named Co-
`Conspirators (if any)
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`Causes of Action
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`Allen Harim
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`Agri Stats; Amick;
`Case; Claxton;
`Fieldale Farms; Foster
`Farms; George’s;
`Harrison; House of
`Raeford; Keystone
`Foods; Koch; Mar-
`Jac; Mountaire Farms;
`O.K. Foods; Peco;
`Perdue; Pilgrim’s
`Pride; Sanderson
`Farms; Simmons;
`Tyson; Wayne Farms
`Case; Claxton;
`George’s; Koch; Mar-
`Jac; Perdue; Pilgrim’s
`Pride; Sanderson
`Farms; Tyson
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`Count I (Sherman Act
`Claim for all
`Anticompetitive Conduct);
`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)
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`Count LV (Sherman Act
`Claim for Bid Rigging,
`Pled in the Alternative to
`Count I)
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`1 Pursuant to the Court’s Orders in In re Broiler Chicken Antitrust Litig., 1:16-cv-08637, [ECF
`Nos. 3778, 3652, 3525], the Direct Action Plaintiffs filed an amended consolidated complaint
`containing “all the allegations the Direct-Action Plaintiffs make against all Defendants” on
`January 29, 2021 [ECF Nos. 4243, 4244]. In an effort to promote efficiency given the Court’s
`recent reference to similar abbreviated Complaints as helpful to the Court [ECF No. 4139],
`Plaintiff files this abbreviated pleading that incorporates by reference and adopts the allegations
`set forth in Direct Action Plaintiffs’ Amended Consolidated Complaint and Demand for Jury Trial.
`If the Court prefers a different form or process, Plaintiff will withdraw this pleading and proceed
`according to the Court’s direction.
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` 2
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` McLane, Nicholas and Company, and Shamrock, opted out of the Direct Purchaser class
`settlements with Fieldale Farms, George’s, Amick, and Peco, and subsequently assigned to Sonic
`those claim rights arising out of purchases for Sonic. PFG opted out of the Direct Purchaser class
`settlement with Fieldale Farms, and subsequently assigned to Sonic those claim rights arising out
`of purchases for Sonic.
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`Case: 1:21-cv-00693 Document #: 1 Filed: 02/05/21 Page 4 of 5 PageID #:4
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests that the Court:
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`A.
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`Enter joint and several judgments against all Defendants in favor of Plaintiff;
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`B.
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`Award Plaintiff 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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`Plaintiff against Defendants in an amount to be trebled to the extent such laws permit;
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`C.
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`Award Plaintiff its post-judgment interest as provided by law, with such interest to
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`be awarded at the highest legal rate;
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`D.
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`Award Plaintiff its attorneys’ fees, litigation expenses, and costs, as provided by
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`law; and
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`E.
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`Grant Plaintiff 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, Plaintiff demands a trial by jury on all
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`issues so triable.
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`Dated: February 5, 2021
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`Case: 1:21-cv-00693 Document #: 1 Filed: 02/05/21 Page 5 of 5 PageID #:5
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`By: /s/ David B. Esau
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`David B. Esau
`Kristin A. Gore
`Garth T. Yearick
`Amanda R. Jesteadt
`Stephen A. Cohen
`Casey R. McGowan
`CARLTON FIELDS, P.A.
`525 Okeechobee Boulevard, Suite 1200
`West Palm Beach, Florida 33401
`Tel: (561) 659-7070
`Fax: (561) 659-7368
`desau@carltonfields.com
`kgore@carltonfields.com
`gyearick@carltonfields.com
`ajesteadt@carltonfields.com
`scohen@carltonfields.com
`cmcgowan@calrtonfields.com
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`Counsel for Plaintiff Sonic Industries Services Inc.
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`Joseph M. Vanek
`Michael G. Dickler
`SPERLING & SLATER, P.C.
`55 West Monroe Street, Suite 3200
`Chicago, Illinois 60603
`Tel: (312) 641-3200
`Fax: (312) 641-6492
`jvanek@sperling-law.com
`mdickler@sperling-law.com
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`Designated Local Counsel for Plaintiff under N.D.
`Ill. LR 83.15
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`124596935.5
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