All Defendants, including the New Settling Defendants except Agri Stats, produce Broiler chicken. Records from all Defendants (listed on page 1 of this notice) show that you may have purchased qualifying Broiler chicken products directly from one or more Defendants or alleged Co-Conspirators for use and delivery in the United States between December 1, 2008, and July 31, 2019. The complete list of Defendants and alleged Co-Conspirators is in the operative Complaint and may be downloaded here.

The Court authorized this notice because you have a right to know about the proposed New Settlements (see Question 8), how eligible Class members can participate in the benefits (see Question 11), Co-Lead Class Counsel’s upcoming motion to request attorneys’ fees, reimbursement of litigation expenses, and payment of Class Representative service awards (see Question 20), and about your options as the Court considers these matters.

You may have already received notice regarding previous settlements or the certification of the Litigation Class. This notice explains the lawsuit, the New Settlements, and your legal rights under the New Settlements and the other requests explained herein.

If the Court approves the New Settlements, and after any objections or appeals are resolved, you will be bound by the judgments and terms of the New Settlements.

This class action, In re Broiler Chicken Antitrust Litigation, 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.

The Court previously gave final approval to settlements between the Plaintiffs and Tyson, Pilgrim’s Pride, Fieldale Farms, Peco, George’s, Amick, Mar-Jac, Harrison Poultry, Simmons, Mountaire, and O.K. Foods. The Court has now preliminarily approved the New Settlements with HRF, Koch, Foster Farms, Perdue, Case, Claxton, Wayne Farms, Agri Stats, and Sanderson Farms. If the Court gives final approval to these New Settlements, it will resolve the litigation in full between the Plaintiffs and all Defendants.

The New Settling Defendants have not admitted any liability, deny the legal claims alleged in this lawsuit, and if applicable would allege numerous defenses to the Plaintiffs’ claims if the case against them were to proceed. Nevertheless, the New Settling Defendants have 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, trial, and appeal, and to thereby 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.

All of the settlements with the New Settling Defendants are on behalf of members of the DPP Class (as defined in Question 5).

HRF has agreed to pay $27,500,000 and Koch has agreed to pay $47,500,000 to end the DPP Class case against them. HRF and Koch believed they could win at trial and that Plaintiffs might recover nothing against them. DPPs believe they could win at trial and possibly obtain a greater recovery. But trials involve risks to both sides, and therefore DPPs and HRF and Koch have agreed to settle the case.

On June 30, 2023, the Court granted summary judgment in favor of Defendants Foster Farms, Perdue, Case, Claxton, Wayne Farms, and Agri Stats and against the DPP Class. The DPP Class has agreed to not appeal or otherwise challenge the summary judgment order as to these Defendants, and in exchange these Defendants agree to waive their right to recover any and all fees and costs against the DPP Class related to this action.

On October 25, 2023, a jury returned a verdict for Sanderson Farms and against the DPP Class. The DPP Class has agreed to not appeal or otherwise challenge the jury verdict, and in exchange Sanderson Farms agrees to waive its right to recover any and all fees and costs against the DPP Class related to this action.

On May 27, 2022, the Court certified the following DPP Class:

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, and did not previously exclude yourself from the DPP Class, then you are a DPP Class member, subject to the exceptions listed in Question 6. All of the New Settlements were entered into on behalf of the DPP Class. The settlements with the Previous Settling Defendants were on behalf of settlement classes, as set forth in prior notices, which are available on this Settlement Website.

Yes. If you are a DPP Class member and did not exclude yourself in response to prior class certification notices, you will be bound by and eligible to participate in the New Settlements.

However, specifically excluded from this DPP 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 DPP 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 DPP Class member and not eligible to participate in the New Settlements.

If you are still not sure if you are included, please review the detailed information contained in the New Settlement Agreements, available here. You may also call the Settlement Administrator at 1-877-888-9735 or call or write to Class Counsel at the phone numbers or addresses listed in Question 17.

Under the settlements, HRF will pay $27,500,000, and Koch will pay $47,500,000. HRF and Koch also agreed to provide testimony, where they reasonably could, to authenticate and provide foundation for admissibility of documents to assist Plaintiffs. A portion of the HRF and Koch Settlement Proceeds has been and will be used for notice and administration costs. A portion of the HRF and Koch Settlement Proceeds will also be used to pay attorneys’ fees, litigation expenses, and Class Representative service awards, as determined by the Court.

Under the HRF and Koch settlements, all Class members who did not previously file valid exclusions from the DPP Class are subject to and bound by the Released Claims that are detailed in the HRF and Koch Settlement Agreements. A copy of the HRF and Koch settlements, including the language of the settlement releases, is available on this Settlement Website.

The settlements with Foster Farms, Perdue, Case, Claxton, Wayne Farms, Agri Stats, and Sanderson Farms ensure that these Defendants who prevailed in the litigation at summary judgment or trial will not be able to recover any fees or costs against the DPP Class in conjunction with this action.

Under the settlement with Agri Stats, Class members can also receive free access to 6 months of price reporting services from Agri Stats subsidiary Express Markets Inc. (EMI). Class members can obtain this service by emailing dppsettlement@expressmarketsinc.com by June 1, 2024.

As previously set forth in the class certification notice, DPP Class members are bound by all judgments and orders in the case. Because the DPP Class claims were disposed of as to Defendants Sanderson Farms, Foster Farms, Perdue, Case Farms, Claxton, Wayne Farms, and Agri Stats by the summary judgment order and the Sanderson Farms verdict, there is no separate release of claims for the settlements with these Defendants.

Class counsel are not seeking to recover any litigation expenses or attorneys’ fees from these settlements.

On March 31, 2022, payments from the Previous Settlements with Fieldale, Amick, George’s, Peco, Pilgrim’s Pride, and Tyson were made to Class members who submitted Claim Forms with validated qualifying Broiler purchases. These distributions are now complete, and all payments were negotiated or voided.

The gross amounts for the settlements that were not part of the previous distribution are as follows: HRF ($27,500,000), Koch ($47,500,00), Mar-Jac ($7,975,000), Harrison Poultry ($3,300,000), Simmons ($8,018,991), Mountaire ($15,899,826), and O.K. Foods ($4,856,333). The gross amount of these settlements is $115,050,150. All attorneys’ fees, costs, and other expenses approved by the Court will be deducted from the settlements before they are paid to qualified claimants. The net settlement amounts will be distributed to eligible Class members who have filed or will file valid claims (see Question 11 below).

If you previously filed a claim and/or received a payment from the previous distribution, you will be automatically eligible to receive payment from the remaining Settlement Proceeds and do not need to submit another claim. You may submit additional information to supplement your prior claim, but are not required to do so. The deadline to submit any additional information is June 1, 2024.

If you did not previously file a claim, and if you did not exclude yourself from the Class in response to the class certification notice, you must complete and submit a timely Claim Form by June 1, 2024 to be eligible to receive a payment from the remaining Settlement Proceeds. You can submit your Claim Form online here by June 1, 2024, or fill out the Claim Form and mail it to the address below, postmarked no later than June 1, 2024. You can obtain a Claim Form by requesting one on the Settlement Website or by sending a written request to the Settlement Administrator by mail: Broiler Chicken Antitrust Litigation Settlements, c/o A.B. Data, Ltd., P.O. Box 173134, Milwaukee, WI 53217 or by email: info@BroilerChickenAntitrustLitigation.com .

No. If you already submitted a claim in the Previous Settlements and/or received a payment from the previous distribution (see Question 11), you will be automatically eligible to receive payment from the remaining Settlement Proceeds and do not need to submit another claim.

Payments to qualified claimants from the HRF, Koch, Mar-Jac, Harrison Poultry, Simmons, Mountaire, and O.K. Foods settlements will be calculated for all qualified claimants based on the proportional (or pro rata) amount of their eligible Broiler purchaser from all Defendants for the period from 2008 through 2019. The purchases and transaction amounts will be based on the review of Defendants’ records, as updated based on any audits for information obtained during the previous settlement distribution process.

You can review your eligible purchase amounts on the settlement website: www.BroilerChickenAntitrustLitigation.com. You will be able to use your unique identifier listed on the top of the notice that was mailed to you to access these amounts. If you want to dispute your purchase amounts, you can complete a Purchase Audit Request form and provide supporting documentation by June 1, 2024. The purchase audit request form and instructions for completion and submission is available on this Settlement Website.

Payments from the remaining Settlement Proceeds will not be distributed until the Court grants final approval of the New Settlements and any objections or appeals are resolved, the appeal to the Simmons settlement is resolved, any other objections or appeals are resolved, and the Settlement Administrator finalizes the claims approval and audit process. We do not know and cannot predict when this process will be completed. Settlement updates will be provided on this Settlement Website or by calling the Settlement Administrator by phone toll-free at 1-877-888-9735. Please be patient.

In the event that after completing the distribution, the Settlement Administrator determines that there are sufficient settlement funds remaining to support a redistribution to qualified claimants, it will be recommended to the Court. If the Settlement Administrator determines there are not sufficient settlement funds remaining to support a redistribution to qualified claimants, it will be recommended to the Court that the remaining settlement proceeds be distributed equally to American Antitrust Institute and No Kid Hungry. If either of these charitable organizations is not approved by the Court, the remaining settlement proceeds shall be distributed to the remaining organization. If both organizations are not approved by the Court, then the Court, in its sole discretion, may appoint a recipient. This information will be posted to this Settlement Website once available.

No. The deadline to submit a claim to share in the Settlement Proceeds that were already distributed has passed. You are no longer able to submit a claim for payment from the Settlement Proceeds that were already distributed.

If you are a Class member and have not excluded yourself from the Class, you can object to the New Settlements with HRF, Koch, Foster Farms, Perdue, Case, Claxton, Wayne Farms, Agri Stats, and Sanderson Farms if you don’t like part or all of the terms of the Settlements or Co-Lead Class Counsel’s motion for attorneys’ fees, reimbursement of litigation expenses, and Class Representative service awards. You can only object to or comment on these matters if you did not exclude yourself from the Class. 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 or the motion for attorneys’ fees, reimbursement of litigation expenses, or Class Representative service awards in In re Broiler Chicken Antitrust Litigation, what you are objecting to, and the reasons why you object. Be sure to include your full name, the name of your business (if applicable) 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 June 1, 2024. By filing an objection, you consent to the jurisdiction of the Court for the purposes of any proceeding relating to your objection, including any appropriate discovery or other orders issued by the court relating to the objection. The deadline to object to the Previous Settlements with the Previous Settling Defendants has already passed.

Objecting is telling the Court that you do not like something about the New Settlements. 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 previously 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 Co-Lead Class Counsel on behalf of Plaintiffs and DPP Class members. Their contact information is provided in Question 17. If you are a Class member, you do not need to hire your own lawyer because Co-Lead Class Counsel is 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. By May 1, 2024, Plaintiffs and their counsel will ask the Court for an award of attorneys’ fees, reimbursement of litigation expenses, and Class Representative service awards from the Mar Jac, Harrison Poultry, Simmons, Mountaire, O.K. Foods, HRF, and Koch Settlement Proceeds. Plaintiffs and their Counsel will seek amounts not to exceed 33 1/3% of the settlement amounts in fees (including interest, net of costs), reimbursement of litigation expenses (not to exceed $4 million), payment of up to $250,000 for ongoing and future litigation expenses, and service awards for the Class Representatives (not to exceed $15,000 per Class Representative). A copy of the motion for attorneys’ fees, reimbursement of litigation expenses, and Class Representative service awards will be available on the Settlement Website at the time it is filed with the Court. Class members who have not excluded themselves from the Class, as well as Mar Jac and Harrison Poultry Settlement Class members, may object to this request if they choose, and may do so pursuant to the instructions and deadline in Question 17.

The Court will hold a Fairness Hearing to decide whether to approve the New Settlements at 10:00 a.m. Central Time on August 1, 2024. The hearing may be held via telephone or videoconference, and dial in or other connection 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 motion for attorneys’ fees, reimbursement of litigation expenses, and Class Representative service awards. If there are objections to either the New Settlements or motion for attorneys’ fees, reimbursement of litigation expenses, or Class Representative service awards, the Court will consider them. You may attend and you may ask to speak, if you make a request as instructed in Question 23, 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 at your own expense (recognizing as noted in no. 21 above that the Court may hold the hearing via telephone or videoconference). 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, the name of your business that purchased Broiler chicken (if applicable), current mailing address, telephone number, and signature. Your Notice of Intention to Appear must be postmarked no later than June 1, 2024, 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 17. You cannot ask to speak at the hearing if you previously excluded yourself from the Class.

This notice summarizes the proposed New Settlements and the upcoming distribution process for the remaining Settlement Proceeds. More details are in the Settlement Agreements. You can find copies of the Settlement Agreements, other important documents, and information about the current status of the litigation on this Settlement Website. You may contact the Settlement Administrator at Broiler Chicken Antitrust Litigation Settlements, c/o A.B. Data, Ltd., P.O. Box 173134, Milwaukee, WI 53217; info@BroilerChickenAntitrustLitigation.com; or toll-free at 1-877-888-9735. You may also contact Class Counsel at the addresses and phone numbers provided in Question 17.