Frequently Asked Questions


BASIC INFORMATION

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.

On May 27, 2022, Judge Thomas M. Durkin issued an Order certifying a class of direct purchasers 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.” (the “Class”).

The Defendants and alleged Co-Conspirators named in Plaintiffs’ Fifth Consolidated Amended Complaint are producers of Broiler chicken and Broiler chicken products in the United States. The Defendants and alleged Co-Conspirators include: Fieldale Farms Corporation; Koch Foods, Inc.; JCG Foods of Alabama, LLC; JCG Foods of Georgia, LLC; Koch Meat Co., Inc.; Tyson Foods, Inc.; Tyson Chicken, Inc.; Tyson Breeders, Inc.; Tyson Poultry, Inc.; Pilgrim’s Pride Corporation; 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.; Peco Foods, Inc.; Foster Farms, LLC; Foster Poultry Farms; House of Raeford Farms, Inc.; Simmons Foods, Inc.; Simmons Prepared Foods, Inc.; George’s, Inc.; George’s Farms, Inc.; O.K. Foods, Inc.; O.K. Farms, Inc.; O.K. Industries, Inc.; Claxton Poultry Farms, Inc.; Norman W. Fries, Inc.; Harrison Poultry, Inc.; Mar-Jac Poultry, Inc.; Mar-Jac Poultry MS, LLC; Mar-Jac Poultry AL, LLC; Mar-Jac AL/MS, Inc.; Mar-Jac Poultry, LLC; Mar-Jac Holdings, Inc.; Amick Farms, LLC; The Amick Company, Inc.; Amick-OSI Broilers, LLC; Amick-OSI Processing, LLC; Case Foods, Inc.; Case Farms, LLC; Case Farms Processing, Inc.; Agri Stats, Inc.; Keystone Foods, LLC; Keystone Foods Corporation; Equity Group Eufaula Division, LLC; Equity Group Kentucky Division LLC; Equity Group – Georgia Division LLC; Allen Harim USA, Ltd.; Allen Harim Foods, LLC; Allen Harim Farms, LLC; JCG Industries, Inc.; JCG Properties, Inc.; JCG Land Holdings, LLC; JCG Foods LLC; Koch Foods of Cumming LLC; Koch Foods of Gainesville LLC; JCG Farms of Georgia LLC; Koch Foods of Mississippi LLC; Koch Farms of Mississippi LLC; Koch Freezers LLC; Koch Properties of Mississippi LLC; Koch Foods of Alabama LLC; Koch Farms of Alabama LLC; JCG Farms of Alabama LLC; Koch Foods of Ashland LLC; Koch Farms of Ashland LLC; Koch Farms of Gadsden LLC; Koch Foods of Gadsden LLC; Koch Foods of Cincinnati LLC; Koch Foods LLC; Koch Farms LLC; Koch Farms of Chattanooga LLC; Koch Foods of Chattanooga LLC; Koch Foods of Morristown LLC; Koch Farms of Morristown LLC; Tyson Sales & Distribution, Inc.; Perdue Foods, Inc.; Harvestland Holdings, LLC; Perdue Food Products, Inc.; Perdue Farms, LLC; Perdue Farms Incorporated; WFSP Foods, LLC; George’s Chicken, LLC; George’s Family Farms, LLC; George’s Foods, LLC; George’s of Missouri, Inc.; George’s Processing, Inc.; Peco Farms of Mississippi, LLC; PFS Distribution Company; Merit Provisions, LLC; GC Properties, LLC; Pilgrim’s Pride of Nevada, Inc.; PPC Marketing, Ltd.; Pilgrim’s Pride Corporation of West Virginia, Inc.; Foster International Trading Company, Inc.; Napoleon Poultry Supply, LLC; O.K. Broiler Farms Limited Partnership; House of Raeford Farms of Louisiana, LLC; Johnson Breeders, Inc.; Columbia Farms of Georgia, Inc.; Raeford Farms of Louisiana, LLC; and Columbia Farms, Inc.

The Court previously gave final approval to settlements between the Plaintiffs and Tyson, Pilgrim’s Pride, Fieldale Farms, Peco, George’s, Amick, Mar-Jac, and Harrison Poultry. The Court has now preliminarily approved settlements with Simmons, Mountaire, and O.K. Foods. The Direct Purchaser Plaintiffs’ case is proceeding against all other Defendants who have not settled the case. If applicable, you will receive a separate notice regarding any resolution of claims against other Defendants.

Simmons, Mountaire, and O.K. Foods have not admitted any liability, continue to deny the legal claims alleged in this lawsuit, and would allege numerous defenses to the Plaintiffs’ claims if the case against them were to proceed. Nevertheless, Simmons, Mountaire, and O.K. Foods has agreed to settle this action to avoid the further expense, inconvenience, disruption, and burden of this litigation and any other present or future litigation arising out of the facts that gave rise to this litigation, to avoid the risks inherent in uncertain complex litigation and trial, and thereby to put to rest this controversy.
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.” Individual 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 did not decide in favor either of Plaintiffs or New Settling Defendants. Plaintiffs believe they may win at trial and possibly obtain a greater recovery. New Settling Defendants believe they may win at trial and that Plaintiffs might recover nothing against them. But trials involve risks to both sides, and therefore Plaintiffs and Simmons, Mountaire, and O.K. Foods have agreed to settle the case. The New Settlements require Simmons, Mountaire, and O.K. Foods to pay money for the benefit of the Class members. Plaintiffs and their attorneys believe the New Settlements are in the best interests of all Class members.
You may have already received notice regarding settlements with the Previous Settling Defendants and the Court’s determination that this lawsuit will proceed as a class action (the Class Certification notice). You are permitted to participate in the New Settlements with Simmons, Mountaire, and O.K. Foods regardless of whether you excluded yourself from the settlements with the Previous Settling Defendants. However, if you excluded yourself in response to the Class Certification notice sent earlier this year, then you cannot participate in the New Settlements with Simmons, Mountaire, and O.K. Foods. You may have received other communications regarding this lawsuit, including solicitations by other attorneys seeking to represent you as a Direct Action Plaintiff in an individual lawsuit against Defendants. Contrary to what you may have been told in such solicitations, you do not need to file an individual lawsuit to protect your rights in this litigation. You also may have received solicitations from persons seeking to purchase your claim or represent you as a Class member. None of these communications regarding Direct Action Plaintiffs, filing individual lawsuits, or purchasing your claim have been approved by the Court and—unlike this notice—they did not come from Court- appointed Class Counsel for the Direct Purchaser Plaintiffs. You should carefully review this notice and your rights as a Class member. In addition, you do not need to retain or pay anyone in order to receive the benefits provided to Class members in this lawsuit. If you have questions about this litigation and your rights as a Class member, please contact Class Counsel, whose contact information is listed in Question 11 below.
The Court decided that Class members are defined as follows:

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 satisfy these criteria, then you are a Class member, subject to the exceptions listed in Question 6 below.
Yes. Specifically excluded from this Class are the Defendants; the officers, directors, or employees of any Defendant; any entity in which any Defendant has a controlling interest; and any affiliate, legal representative, heir, or assign of any Defendant. Also excluded from this 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, any juror assigned to this action, and any alleged Co-Conspirator identified in this action.

If you are in one of these categories, you are not a Class member and not eligible to participate in the New Settlement.
If you are still not sure if you are included, please review the detailed information contained in the Settlement Agreement, found on the Court Documents page of this website. You may also call the Settlement Administrator at 1-866-552-1178 or call or write to Class Counsel at the phone numbers or addresses listed in Question 11.
If the New Settlements are approved, Simmons will pay $8,018,991, Mountaire will pay $15,899,826, and O.K. Foods will pay $4,856,333. Of the Previous Settling Defendants, Tyson has paid $79,340,000, Pilgrim’s Pride has paid $75,000,000, Peco has paid $4,964,600, George’s has paid $4,097,000, Amick has paid $3,950,000, Fieldale Farms has paid $2,250,000, Mar-Jac has paid $7,975,000, and Harrison Poultry has paid $3,300,000. Collectively, all settlements to date provide $209,651,750 in Settlement Proceeds.

Simmons, Mountaire, and O.K. Foods have agreed to provide testimony, where they reasonably can, to authenticate and provide foundation for admissibility of documents, which may assist Plaintiffs in the prosecution of their claims against the remaining Defendants in the case.

A portion of the Settlement Proceeds has been and will be used for notice and administration costs. A portion of the Settlement Proceeds will also be used to pay attorneys’ fees, litigation expenses, and incentive awards that the Court chooses to award. Finally, as discussed in Question No. 14 below, by October 12, 2023, Direct Purchaser Plaintiffs and their counsel will move the Court to reimburse them from the O.K. Foods, Mountaire, Simmons, Mar-Jac, and Harrison Poultry settlement proceeds pro rata for litigation expenses already incurred, in an amount not to exceed $6 million. A copy of the motion for reimbursement of litigation expenses will be available on the Settlement Website at the time it is filed with the Court.

Class Counsel do not intend to distribute any proceeds from the New Settlements to qualifying members of the Class at this time, but instead intend to combine any distribution of the proceeds from the New Settlements with proceeds from future settlements or other recoveries in the litigation. You will be provided further notice of any such future settlements or recoveries.
The deadline to request exclusion from the Class has already passed. Unless you excluded yourself in response to the Class Certification notice, you are in the Class, which means that you can’t sue, continue to sue, or be part of any other lawsuit against Simmons, Mountaire, and O.K. Foods that pertain to the Released Claims (as defined in the Settlement Agreements). It also means that all Court orders will apply to you and legally bind you. The Released Claims are detailed in the Settlement Agreements, available at www.broilerchickenantitrustlitigation.com
Unless you previously excluded yourself from the Class, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Simmons about the claims that the New Settlement resolves, ever again. The deadline to request exclusion from the Class has already passed.
If you are a Class member and have not excluded yourself from the Class, you can object to the New Settlements with Simmons, Mountaire, and/or O.K. Foods if you don’t like part or all of the terms of the Settlements. With regard to Co-Lead Class Counsel’s request for reimbursement of up to $6 million in incurred litigation expenses, Mar-Jac and Harrison Poultry Settlement Class members who have not excluded themselves may also object to this request. The Court will consider your views. To object, you must send a letter or other written statement saying that you object to the New Settlements with Simmons, Mountaire, and/or O.K. Foods in In re: Broiler Chicken Antitrust Litigation , what you are objecting to, and the reasons why you object to the New Settlements. Be sure to include your full name, the name of your business that purchased Broiler chicken, current mailing address, and email address. Your objection must be signed. You may include or attach any documents that you would like the Court to consider. Do not send your written objection to the Court or the judge. Instead, mail the objection to the Settlement Administrator, Class Counsel, and Counsel for the New Settling Defendants at the addresses listed below. Your objection must be postmarked no later than November 11, 2023. The deadline to object to the Previous Settlements with the Previous Settling Defendants has already passed.

Settlement Administrator Class Counsel Class Counsel
Broiler Chicken Antitrust
Litigation Simmons Settlement
Attn: OBJECTIONS
c/o A.B. Data, Ltd.
P.O. Box 173001
Milwaukee, WI 53217
(866) 552-1178
W. Joseph Bruckner
Brian D. Clark
Lockridge Grindal Nauen P.L.L.P.
100 Washington Ave. S., Ste. 2200
Minneapolis, MN 55401
(612) 339-6900
Clifford H. Pearson
Bobby Pouya
Pearson Warshaw, LLP
15165 Ventura Blvd., Suite 400
Sherman Oaks, CA 91403
(818) 788-8300
Counsel for Simmons Counsel for Mountaire Counsel for O.K. Foods
Lynn H. Murray
SHOOK, HARDY & BACON
L.L.P.
111 S. Wacker Dr., Suite
4700
Chicago, IL 60606
(312) 704-7700
Amanda Wofford
Rose Law Firm
120 East Fourth St.
Little Rock, AR 72201
(501) 375-9131
John P. Passarelli
Kutak Rock LLP
1650 Farnam Street
The Omaha Building
Omaha, NE 68102
(402) 346-6000
Objecting is telling the Court that you do not like something about the New Settlement. You can object only if you did not exclude yourself from the Class. Excluding yourself is telling the Court that you do not want to be part of the Class or the lawsuit. The time to exclude yourself has already passed. If you excluded yourself, you have no standing to object because the case no longer affects you.
The Court has appointed Lockridge Grindal Nauen P.L.L.P. and Pearson Warshaw, LLP as Class Counsel on behalf of Plaintiffs and Class members. Their contact information is provided above in Question 11. If you are a Class member, you do not need to hire your own lawyer because Class Counsel are working on your behalf, but you may do so at your own expense.

If you excluded yourself from the Class, these lawyers no longer represent you. You may need to hire your own lawyer if you wish to pursue your own lawsuit against the Settling Defendants.
You will not have to pay any attorneys’ fees or costs out-of-pocket. Class Counsel are not currently seeking additional fees or Class Representative service awards, but reserve their right to do so, subject to an additional notice to the Class and Court approval.

By October 12, 2023, Direct Purchaser Plaintiffs and their counsel will move the Court for a pro rata reimbursement (in proportion to the settlement amount) from the O.K. Foods, Mountaire, Simmons, Mar-Jac, and Harrison Poultry settlement proceeds for litigation expenses already incurred, in an amount not to exceed $6 million. A copy of the motion for reimbursement of litigation expenses will be available on the Settlement Website at the time it is filed with the Court. Mar-Jac and Harrison Poultry Settlement Class members, as well as Certified Class members who have not excluded themselves from the Class, may object to this request if they choose, and may do so pursuant to the instructions and deadline in Question No. 11 above.
The Court will hold a Fairness Hearing to decide whether to approve the New Settlement at 8:45 a.m. Central Time on December 12, 2023. The hearing will be held via telephone, and dial in information will be available on the Court’s docket and the case website. Do not go to the Court in person unless there is notice that the hearing will be conducted in person. At this hearing, the Court will consider whether the New Settlements are fair, reasonable, and adequate. The Court will also consider Co-Lead Class Counsel’s expense reimbursement request. If there are objections to either the New Settlements or the expense reimbursement request, the Court will consider them. You may attend and you may ask to speak, if you make a request as instructed in Question 17, but you do not have to. The Court will listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the New Settlements. We do not know how long the Court will take to decide. The date of the hearing may change without further notice to the Class, so please check the Settlement Website for updates.
No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend the hearing via telephone. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
You may ask to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in In re: Broiler Chicken Antitrust Litigation.” Be sure to include your name, and the name of your business that purchased Broiler chicken, current mailing address, telephone number, and signature. Your Notice of Intention to Appear must be postmarked no later than November 11, 2023, and it must be sent to the Clerk of the Court, Class Counsel, and Defense Counsel. The address for the Clerk of the Court is: Clerk of the United States District Court, Dirksen Federal Building, 219 South Dearborn Street, Chicago, IL 60604. The addresses for Class Counsel and Defense Counsel are provided in Question 11. You cannot ask to speak at the hearing if you previously excluded yourself from the Class.
This notice summarizes the proposed New Settlements. More details are in the Settlement Agreements. You can find a copy of the Settlement Agreements, other important documents, and information about the current status of the litigation on the Court Documents and FAQ pages of this website.