This class action, In re Broiler Chicken Antitrust Litigation, N.D. Ill. Case No. 1:16-cv-08637, is pending in the United States District Court for the Northern District of Illinois. U.S. District Court Judge Thomas M. Durkin presides over this class action.

Plaintiffs allege that Defendants and their Co-Conspirators conspired to fix, raise, maintain, and stabilize the price of Broilers, beginning at least as early as January 1, 2008. Plaintiffs allege that Defendants implemented their conspiracy in various ways, including via coordinated supply restrictions, sharing competitively sensitive price and production information, and otherwise manipulating Broiler prices, with the intent and expected result of increasing prices of Broilers in the United States, in violation of federal antitrust laws. Defendants deny the violation and deny causing damages.

The Court previously gave final approval to settlements between the Plaintiffs and Tyson, Pilgrim’s Pride, Fieldale Farms, Peco, George’s, Mar-Jac, Harrison Poultry, and Amick. The Direct Purchaser Plaintiffs’ case is proceeding against all other Defendants who have not settled the case, known as the “Non-Settling Defendants.”

“Non-Settling Defendants” refers to Koch Foods, Inc.; JCG Foods of Alabama, LLC; JCG Foods of Georgia, LLC; Koch Meat Co., Inc.; Perdue Farms, Inc.; Perdue Foods LLC; Sanderson Farms, Inc.; Sanderson Farms, Inc. (Foods Division); Sanderson Farms, Inc. (Production Division); Sanderson Farms, Inc. (Processing Division); Wayne Farms, LLC; Mountaire Farms, Inc.; Mountaire Farms, LLC; Mountaire Farms of Delaware, Inc.; Foster Farms, LLC; Foster Poultry Farms; House of Raeford Farms, Inc.; Simmons Foods, Inc.; Simmons Prepared Foods, Inc.; O.K. Foods, Inc.; O.K. Farms, Inc.; O.K. Industries, Inc.; Norman W. Fries, Inc. d/b/a Claxton Poultry Farms; Case Foods, Inc.; Case Farms, LLC; Case Farms Processing, Inc.; Agri Stats, Inc.

In a class action lawsuit, one or more people or businesses called “class representatives” sue on behalf of others who have similar claims, all of whom together are a “class.” Class members do not have to file a lawsuit to participate in the class action settlement or be bound by the judgment in the class action. One court resolves the issues for everyone in the class, except for those who exclude themselves from the class.

The Court has directed notice to be sent to the Certified Class as this lawsuit may affect your rights. This notice provides you with the status of the litigation and the opportunity to exclude yourself from the Certified Class should you choose to do so.

You may have received notices and/or submitted claims with respect to prior settlements reached in this litigation. The prior notices and/or claims only relate to the Settling Defendants. You are receiving this Notice because the Court has certified a Class regarding the Non-Settling Defendants. Your rights and options relating to the Certified Class are set forth in this notice.

The Certified Class is defined as:

All persons who purchased raw Broilers [directly] from any of the Defendants or their respective subsidiaries or affiliates either fresh or frozen, in the form of: whole birds (with or without giblets), whole cut-up birds, or parts (boneless or bone in) derived from the front half of the whole bird, for use or delivery in the United States from December 1, 2008 until July 31, 2019.

If you are a member of the Certified Class and do not exclude yourself, you may be eligible to participate in any additional settlements which may arise with the Non-Settling Defendants

If you are still not sure if you are included, please review the detailed information contained on the litigation website, www.broilerchickenantitrustlitigation.com.

Beyond the eight settlements noted in Section 1 above, there are no additional settlements or judgments at this time. There is no guarantee that additional settlements will be reached or that a judgment in favor of Plaintiffs will be entered by the Court.

Any claims filed or payments received related to prior settlements reached in this litigation are unaffected by the Court’s Order regarding the Certified Class.

Unless you exclude yourself, you will remain in the Certified Class, which means that you cannot sue, continue to sue, or be part of any other lawsuit against the Non-Settling Defendants and their affiliates that pertains to the claims in this case. It also means that should additional settlements be reached, or a judgment be issued by the Court, regardless of if it is in favor of the Plaintiffs or the Non-Settling Defendants, the Court’s orders will apply to you and legally bind you. The trial for the Certified Class is currently scheduled to start on September 11, 2023.

If you do nothing, you will remain a member of the Certified Class. In the event of future settlements or judgments, you will be notified and have the opportunity to participate.

If you do not want to remain a member of the Certified Class and you do not want to be legally bound by the terms of any potential future settlements or judgments, or if you wish to pursue your own separate lawsuit against the Non-Settling Defendants, you must exclude yourself by submitting a written request to the Notice Administrator stating your intent to exclude yourself from the Certified Class (an “Exclusion Request”). The Court will exclude from the Certified Class any member who requests exclusion.

Your Exclusion Request must include the following: (a) your name and address; (b) a statement that you want to be excluded from the Direct Purchaser Certified Class in In re Broiler Chicken Antitrust Litigation; and (c) your signature. You must mail your Exclusion Request, postmarked or received by April 4, 2023, to: Broiler Chicken Direct Antitrust Litigation, Attn: EXCLUSIONS, c/o A.B. Data, Ltd., P.O. Box 173001, Milwaukee, WI 53217.

No. Unless you exclude yourself, you give up the right to sue the Non-Settling Defendants for the claims set forth in the litigation. If you have a pending lawsuit against one or more of the Defendants, speak to your lawyer in that lawsuit immediately to determine whether you must exclude yourself from this Class to continue your own lawsuit against the Non-Settling Defendants.

The Court has appointed Lockridge Grindal Nauen P.L.L.P. and Pearson Warshaw, LLP as Co-Lead Counsel for the Certified Class. If you wish to remain a member of the Certified Class, you do not need to hire your own lawyer because Co-Lead Counsel is working on your behalf. However, you may enter an appearance through an attorney in this case if you so desire. If you wish to pursue your own case separate from this one, or if you exclude yourself from the Class, these lawyers will no longer represent you. You will need to hire your own lawyer if you wish to pursue your own lawsuit against Defendants.

In the event of future settlements or judgment, Co-Lead Counsel will ask the Court for attorneys’ fees based on their services in this litigation. Any payment to the attorneys will be subject to Court approval. You will not be responsible for paying Co-Lead Counsel directly.

The Notice summarizes the Certified Class. More details are available on the website. You can find copies of the Order Certifying the Class, other important documents, and information about the current status of the litigation by visiting www.broilerchickenantitrustlitigation.com.