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Case: 1:21-cv-00781 Document #: 1 Filed: 02/11/21 Page 1 of 5 PageID #:1
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`CKE RESTAURANTS HOLDINGS, INC,
`
`
`Plaintiff,
`
`v.
`
`
` Case No: 1:21-cv-00781
`
`
`
`
`Jury Trial Demanded
`(Related to In re Broiler Chicken
`Antitrust Litigation – Case No.
`1:16-cv-08637)
`
`
`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,
`
` Defendants.
`
`
`
`
`124921089.3
`
`

`

`Case: 1:21-cv-00781 Document #: 1 Filed: 02/11/21 Page 2 of 5 PageID #:2
`
`
`
`COMPLAINT AND DEMAND FOR JURY TRIAL
`
`Plaintiff CKE Restaurants Holdings, Inc. (“CKE” or “Plaintiff”) is a Delaware
`
`1.
`
`corporation with its headquarters in Franklin, Tennessee. CKE runs and operates two quick service
`
`restaurant brands: Carl’s Jr. and Hardee’s, which together have more than 3,800 restaurants in 44
`
`states.
`
`2.
`
`During the relevant time period, CKE negotiated and contracted with Defendants
`
`for the production and supply of Broilers. CKE also utilized distributors to supply its restaurants
`
`with Broilers purchased on their behalf pursuant to these negotiations and contracts. These
`
`distributors include McLane Company, Inc. and its affiliate Meadowbrook Meat Company
`
`(“McLane” or “Assignors”), who has assigned its claims arising out of these transactions to CKE.
`
`3.
`
`CKE brings this action on its own behalf, and as assignee of McLane (collectively,
`
`“Assignors”). The references in this Complaint to “CKE” and/or “Plaintiff” include CKE’s
`
`Assignors.
`
`4.
`
`During the time period relevant to CKE’s claims, CKE and/or its Assignors directly
`
`purchased Broilers in the United States from Defendants and/or their co-conspirators, and
`
`sustained injury and damages as a proximate result of the antitrust violations and other unlawful
`
`activities alleged in this Complaint.
`
`5.
`
`CKE brings this action for damages under the federal antitrust laws against the
`
`defendants identified below, and incorporates by reference Direct Action Plaintiffs’ Amended
`
`Consolidated Complaint and Demand for Jury Trial [ECF Nos. 4243, 4244], filed in In re Broiler
`
`Chicken Antitrust Litigation, 1:16-cv-08637 (N.D. Ill.) on January 29, 2021.1
`
`
`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
`
`124921089.3
`
`2
`
`

`

`Case: 1:21-cv-00781 Document #: 1 Filed: 02/11/21 Page 3 of 5 PageID #:3
`
`
`
`6.
`
`CKE joins Section II of the Direct Action Plaintiffs’ Amended Consolidated
`
`Complaint and Demand for Jury Trial [ECF Nos. 4243, 4244], adding the following to specify
`
`CKE’s causes of action and the Defendants and Co-Conspirators in CKE’s action.
`
`
`
`Plaintiff Name
`
`Operative
`
`Complaint
`
`(Reference is to
`Sealed Version, if
`applicable)
`
`Named
`Defendants (Not
`Previously
`Dismissed) 2
`
`CKE Restaurants
`Holdings, Inc.
`
` To Be Determined
`
`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
`
`Named Co-
`Conspirators (if
`any)
`
`Allen Harim
`
`
`
`
`
`
`
`
`
`
`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);
`Count III (Sherman Act
`Claim for GA Dock
`Manipulation, Pled in the
`Alternative to Count I)
`
`
`Count LV (Sherman Act
`Claim for Bid Rigging,
`Pled in the Alternative to
`Count I)
`
`
`
`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff respectfully requests that the Court:
`
`A.
`
`Enter joint and several judgments against all Defendants in favor of Plaintiff;
`
`
`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.
`
` 2
`
` McLane opted out of the Direct Purchaser class settlements with Fieldale Farms, George’s,
`Amick, and Peco, and subsequently assigned to CKE those claim rights arising out of purchases
`for CKE.
`
`124921089.3
`
`3
`
`

`

`Case: 1:21-cv-00781 Document #: 1 Filed: 02/11/21 Page 4 of 5 PageID #:4
`
`
`
`B.
`
`Award Plaintiff damages in an amount to be determined at trial to the maximum
`
`extent allowed under federal antitrust laws, and enter a joint and several judgment in favor of
`
`Plaintiff against Defendants in an amount to be trebled to the extent such laws permit;
`
`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; and
`
`E.
`
`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: February 11, 2021
`
`
`
`
`
`
`
`
`
`
`
`By: /s/ David B. Esau
`
`
`
`
`
`
`
`David B. Esau
`Kristin A. Gore
`Garth 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
`
`Counsel for Plaintiff CKE Restaurants Holdings,
`Inc.
`
`124921089.3
`
`4
`
`

`

`Case: 1:21-cv-00781 Document #: 1 Filed: 02/11/21 Page 5 of 5 PageID #:5
`
`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
`
`Designated Local Counsel for Plaintiff under N.D.
`Ill. LR 83.15
`
`
`
`
`
`
`
`124921089.3
`
`5
`
`

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