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CASE 0:18-cv-01776-JRT-HB Doc. 549 Filed 12/01/20 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`DISTRICT COURT OF MINNESOTA
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`IN RE PORK ANTITRUST LITIGATION
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`This Document Relates To:
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`THE DIRECT PURCHASER PLAINTIFF
`ACTION
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`Case No. 0:18-cv-01776 (JRT-HB)
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`[PROPOSED] ORDER GRANTING
`MOTION FOR PRELIMINARY
`APPROVAL OF THE CLASS
`ACTION SETTLEMENT
`BETWEEN DIRECT PURCHASER
`PLAINTIFFS AND DEFENDANT
`JBS
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`945578.1
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`CASE 0:18-cv-01776-JRT-HB Doc. 549 Filed 12/01/20 Page 2 of 5
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`This Court, having reviewed the Motion for Preliminary Approval of the Class Action
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`Settlement Between Direct Purchaser Plaintiffs and JBS (“Motion”), its accompanying
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`memorandum and the exhibits thereto, the Settlement Agreement,1 and the file, hereby
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`ORDERS AND ADJUDGES:
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`Preliminary Approval of Settlement Agreement and Certification of Settlement Class
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`1.
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`This Court has jurisdiction over this action and each of the parties to the
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`Settlement Agreement. Upon review of the record, the Court finds that the proposed Settlement
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`Agreement, which was arrived at by arm’s length negotiations by highly experienced counsel
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`with the assistance of an experienced and nationally renowned mediator, falls within the range
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`of possible approval and is hereby preliminarily approved, subject to further consideration at
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`the Court’s Fairness Hearing. The Court finds that the Settlement Agreement is preliminarily
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`determined to be fair, reasonable, adequate, and in the best interests of the Settlement Class,
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`raises no obvious reasons to doubt its fairness, and raises a reasonable basis for presuming that
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`the Settlement Agreement and its terms satisfy the requirements of Federal Rules of Civil
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`Procedure 23(c)(2) and 23(e) and due process so that notice of the Settlement should be given
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`to the Settlement Class.
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`2.
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`This Court certifies a Settlement Class defined as:
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`All persons who purchased Pork directly from any of the
`Defendants or any co(cid:173)conspirator, or their respective subsidiaries
`or affiliates for use or delivery in the United States from at least as
`early as January 1, 2009 until the date of this order granting
`Preliminary Approval of the Settlement Agreement. Specifically
`excluded from the Settlement Class are the Defendants; the
`officers, directors or employees of any Defendant; any entity in
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`1 Unless otherwise noted, all capitalized terms shall have the same meaning as in the
`Settlement Agreement between Direct Purchaser Plaintiffs and JBS (also referred to herein as
`“Settlement”).
`945578.1
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`CASE 0:18-cv-01776-JRT-HB Doc. 549 Filed 12/01/20 Page 3 of 5
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`which any Defendant has a controlling interest; and any affiliate,
`legal representative, heir or assign of any Defendant. Also
`excluded from this Settlement Class are any federal, state, or local
`governmental entities, any judicial officer presiding over this
`action and the members of his/her immediate family and judicial
`staff, and any juror assigned to this action.
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`3.
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`The Court appoints the law firms of Lockridge Grindal Nauen P.L.L.P., and
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`Pearson, Simon & Warshaw, LLP as Co-Lead Counsel for the Settlement Class.
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`Approval of the Notice Plan
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`4.
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`The Court hereby directs notice to be distributed to the Settlement Class
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`members pursuant to Federal Rule of Civil Procedure (“Rule”) 23(c)(2).
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`5.
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`The proposed notice plan set forth in the Motion and the supporting declarations
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`comply with Rule 23(c)(2)(B) and due process as it constitutes the best notice that is
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`practicable under the circumstances, including individual notice via mail and email to all
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`members who can be identified through reasonable effort. The direct mail and email notice
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`will be supported by reasonable publication notice to reach potential members of the
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`Settlement Class who could not be individually identified.
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`6.
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`The attached proposed notice documents: Long Form Notice (Exhibit A), Email
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`Notice (Exhibit B), and Summary Publication Notice (Exhibit C), and their manner of
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`transmission, comply with Rule 23(c)(2)(B) and due process because the notices and forms
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`are reasonably calculated to adequately apprise Settlement Class of (i) the nature of the action;
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`(ii) the definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that a
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`Settlement Class member may enter an appearance through an attorney if the member so
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`desires; (v) that the court will exclude from the Settlement Class any member who requests
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`exclusion; (vi) the time and manner for requesting exclusion; and (vii) the binding effect of a
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`945578.1
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`CASE 0:18-cv-01776-JRT-HB Doc. 549 Filed 12/01/20 Page 4 of 5
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`class judgment on members of the class under Rule 23(c)(3). Non-substantive changes, such
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`as typographical errors, can be made to the notice documents by agreement of the parties
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`without leave of the Court.
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`7.
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`So that the proposed notice plan may be carried out, each Defendant in this
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`Action is directed to provide a customer list to the Settlement Administrator, including any
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`reasonably available names, email addresses, and mailing addresses, pursuant to the schedule
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`below.
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`Schedule for Class Notice and the Fairness Hearing
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`8.
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`The Court hereby sets the below schedule for the dissemination of notice to
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`potential members of the Settlement Class, for members of the Settlement Class to object to
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`or exclude themselves from the Settlement Agreement, and for the Court’s Fairness Hearing,
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`at which time the Court will determine whether the Settlement Agreement should be finally
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`approved as fair, reasonable, and adequate. This Court may order the Fairness Hearing to be
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`postponed, adjourned, or continued. If that occurs, the updated hearing date shall be posted on
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`the Settlement Website, but other than the website posting the Parties will not be required to
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`provide any additional notice to Settlement Class members. Pursuant to any applicable orders
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`relating to the COVID-19 emergency or otherwise, the Fairness Hearing may take place
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`remotely, including via telephone or video conference.
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`DATE
`_____________ (45 days after the
`issuance of this Order)
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`_____________ (75 days after the
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`issuance of this Order)
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`945578.1
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`\
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`EVENT
`Each Defendant to provide a customer list
`to the Settlement Administrator including
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`any reasonably available names, email
`addresses, and mailing addresses
`Settlement Administrator to provide direct
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`mail and email notice, and commence
`implementation of the publication notice
`plan
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`CASE 0:18-cv-01776-JRT-HB Doc. 549 Filed 12/01/20 Page 5 of 5
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`EVENT
`Last day for Settlement Class members to
`request exclusion from the Settlement
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`Class; for Settlement Class members to
`object to the Settlement; and for Settlement
`Class members to file notices to appear at
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`the Final Fairness Hearing
`Co-Lead Counsel to provide JBS with a list
`of all persons and entities who have timely
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`and adequately requested exclusion from
`the Settlement Class
`Co-Lead Counsel shall file a motion for
`final approval of the Settlement and all
`supporting papers, and Co-Lead Counsel
`and JBS may respond to any objections to
`the proposed Settlement
`Final Fairness Hearing
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`DATE
`_____________ (60 days after the
`commencement of Notice)
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`_____________ (7 days after last day to
`request exclusion from the Settlements)
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`_____________ (14 days before Final
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`Settlement Fairness Hearing)
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`_____________ at ____ a.m. (at least 40
`days after last day to request exclusion
`from the Settlement)
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`IT IS SO ORDERED.
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`DATED:
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`HON. JOHN R. TUNHEIM
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`945578.1
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