`
`
`
`
`
`Brian D. Clark
`bdclark@locklaw.com
`Phone: 612.339.6900
`
`
`Hon. John R. Tunheim
`Chief Judge
`United States District Court
`District of Minnesota
`300 South Fourth Street
`Minneapolis, MN 55415
`
`
`MINNEAPOLIS
`Suite 2200
`100 Washington Avenue South
`Minneapolis, MN 55401-2179
`T 612.339.6900
`F 612.339.0981
`
`
`
`
`June 10, 2020
`
`
`
`Re:
`
`In re Pork Antitrust Litigation, Civ. No. 18-cv-1776 (JRT/HB);
`Commonwealth of Puerto Rico v. Agri Stats, Inc., Civ. No. 19-2723
`(JRT/HB); Winn-Dixie Stores, Inc. v. Agri Stats, Inc., Civ. No. 19-1578
`(JRT/HB)
`
`
`Dear Judge Tunheim:
`
`
`We write on behalf of all Plaintiffs to alert the Court to the following subsequent
`legal authority. See D&M Farms v. Birdsong Corp., 2020 WL 2501444, at *3, Case No.
`2:19-cv-463 (E.D. Va. May 14, 2020) (denying motion to dismiss). Plaintiffs submit this
`decision as pertinent to Plaintiffs’ Opposition to Defendants’ Joint Motion to Dismiss filed
`by Commercial and Institutional Indirect Purchaser Plaintiffs, Consumer Indirect
`Purchaser Plaintiffs, Direct Purchaser Plaintiffs (“Plaintiffs’ Opp.”) (ECF No. 476). The
`decision supports Plaintiffs’ arguments that the examination of the complaint is limited to
`the sufficiency of the factual allegations supporting the inference of a price fixing
`conspiracy (Plaintiffs’ Opp. at 15-24) and that the defendants’ alternative explanations do
`no more than illuminate the disputes between the parties (Plaintiffs’ Opp. at 29-33).
`
`
`
`
`
`549627.1
`
`
`
`CASE 0:18-cv-01776-JRT-HB Document 512 Filed 06/10/20 Page 2 of 2
`
`Hon. John R. Tunheim
`June 10, 2020
`Page 2
`
`
`
`Plaintiffs also wish to alert the Court to the civil subpoenas issued by the Justice
`Department to the four biggest beef processors, JBS USA Holdings Inc., Tyson Foods Inc.,
`Cargill Inc. and National Beef Packing Co. The department has indicated that the beef-
`related subpoenas extend to activities of Tyson and JBS in the pork markets as well.1
`
`
`
`
`BDC/ssl
`
`Very truly yours,
`
`LOCKRIDGE GRINDAL NAUEN P.L.L.P.
`
`
`Brian D. Clark
`
`
`
`
`1 See Jacob Bunge and Brent Kendall, Justice Department Issues Subpoenas to Beef-
`Processing Giants, Wall Street Journal, June 5, 2020,
`https://www.wsj.com/articles/justice-department-issues-subpoenas-to-beef-processing-
`giants-11591371745 (“JBS and Tyson also are leading pork producers, and the
`department is seeking information on their activities in that market as well, some of the
`people said.”)
`
`549627.1
`
`
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