CHICAGO, Nov. 3, 2021 /PRNewswire/ -- A settlement has been reached in a class action antitrust lawsuit filed on behalf of Commercial and Institutional Indirect Purchaser Plaintiffs with Defendants Tyson Foods, Inc., Tyson Fresh Meats, Inc., Tyson Prepared Foods, Inc., and the Hillshire Brands Company ("Tyson" or "Settling Defendants"). The Settlement requires Tyson to pay $1,750,000. There will be no payments to the Settlement Class at this time. You will be notified later of an opportunity to file a claim. Before any money is paid, the Court will hold a hearing to decide whether to approve the Settlement.
The United States District Court for the Northern District of Illinois authorized this notice. This Court ordered notice may affect your rights. Please read this notice carefully.
WHO IS INCLUDED?
For settlement purposes, members of the Settlement Class are defined as all commercial and institutional purchasers in the United States and its territories that purchased turkey, once or more, other than directly from Defendants, entities owned or controlled by Defendants, or other producers of turkey, from January 1, 2010 to January 1, 2017, products in the United States and its territories. Excluded from the Class are the Court and its personnel, and any Defendants and their parent or subsidiary companies.
For purposes of the Settlement, "Turkey" means turkey meat, which may be sold in a variety of forms, including fresh or frozen, ground or parts, and raw or cooked. "Turkey" includes, but is not limited to, the following products: breasts, wings, drums, legs, thighs, tenderloins, necks, tails, gizzards, feet, trim, tenders, mechanically separated turkey ("MST"), ground turkey, and further processed and value-added turkey products such as lunch meat, deli meat, sausage, franks, bacon, and corn dogs.
If you are not sure you are included, you can get more information, including a detailed notice, at www.TurkeyCommercialCase.com or by calling toll-free 1-800-403-3089.
WHAT IS THIS LAWSUIT ABOUT?
Commercial and Institutional Indirect Purchaser Plaintiffs allege that Defendants and their co-conspirators conspired and combined to fix, raise, maintain, and stabilize the price of Turkey, from January 1, 2010 to January 1, 2017, in the United States and its territories with the intent and expected result of increasing prices of Turkey in the United States, in violation of federal antitrust laws and various state antitrust, consumer protection, and unjust enrichment laws. Tyson denies it did anything wrong. The Court did not decide which side was right, but both sides agreed to the Settlement to resolve the case and get benefits to the Settlement Class. The case is still proceeding on behalf of the Commercial and Institutional Indirect Purchaser Plaintiffs against other Defendants who may be subject to separate settlements, judgments, or class certification orders.
WHAT DOES THE SETTLEMENT PROVIDE?
The Settlement Agreement provides that Tyson will pay $1,750,000 to resolve all Settlement Class members' claims against Tyson for the Released Claims (as defined in the Settlement Agreement). In addition to this monetary benefit, Tyson has also agreed to provide specified cooperation in the Commercial and Institutional Indirect Purchaser Plaintiffs' continued prosecution of the litigation. No money will be distributed at this time. Settlement Class Counsel will continue to pursue the lawsuit against the other Defendants. Settlement Class Counsel may request that the Court award attorneys' fees, permit the reimbursement of certain litigation costs and expenses, set aside funds for future expenses, and grant the class representatives service awards. If such a request is made, it will be filed at least fourteen days before the objection deadline and posted on the Settlement Website www.TurkeyCommercialCase.com. Settlement Class Counsel intend to ask the Court at a later date for attorneys' fees in relation to possible future settlements based on their services in this litigation, but Settlement Class Counsel do not intend to request an award of attorneys' fees in relation to this Settlement. In relation to this Settlement, Settlement Class Counsel will request a future expense set-aside not to exceed 50% of the Settlement Fund and may ask to be reimbursed for existing costs not to exceed $200,000. All Settlement funds that remain after payment of the Court ordered attorneys' fees, costs, expenses, and service awards will be distributed at the conclusion of the lawsuit or as ordered by the Court. You will be notified later, if and when there is an opportunity to make a claim to receive a payment.
WHAT ARE YOUR RIGHTS AND OPTIONS?
You do not need to take any action to remain a member of the Settlement Class and be bound by the Settlement Agreement. As a Settlement Class member, you may be able to participate in (or exclude yourself from) any future settlements or judgments obtained by Commercial and Institutional Indirect Purchaser Plaintiffs against other Defendants in the case.
If you do not want to be legally bound by the Settlement Agreement, you must exclude yourself. Your exclusion request must be postmarked by January 4, 2022, or you will not be able to sue or continue to sue Settling Defendants for the Released Claims (as defined in the Settlement Agreement). If you exclude yourself, you cannot get money from the Settlement. If you do not exclude yourself from the Settlement Class, you may object to the Settlement. Your objection must be postmarked by January 4, 2022. The detailed notice explains how to exclude yourself or object. Details may also be found on the FAQs page of the Settlement Website www.TurkeyCommercialCase.com.
While this Settlement is only with Settling Defendants at this time, the Settlement Class includes all commercial and institutional purchasers of Turkey products (as defined in the Settlement Agreement) who purchased the products other than directly from Defendants, entities owned or controlled by Defendants, or other producers of Turkey products. If you are a member of the Settlement Class and do not exclude yourself, you may be eligible to participate in (or exclude yourself from) any additional settlements which may arise with any other Defendants in the case.
The Court will hold a hearing in this case Sandee's Catering, et al. v. Agri Stats, Inc. et al., (Commercial and Institutional Indirect Purchaser Actions), Case No. 1:20-cv-02295 (N.D. Ill.) on February 22, 2022, at 10:00 a.m., via video conference to consider whether to approve the Settlement Agreement. You may ask to speak at the hearing, but you do not have to.
This notice is a summary only. You can find more details about the Settlement at www.TurkeyCommercialCase.com or by calling toll-free 1-800-403-3089. Please do not contact the Court.
SOURCE United States District Court for the Northern District of Illinois