In re Broiler Chicken Grower Antitrust Litigation No. II

Case No. 6:20-md-02977-RJS-CMR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

Frequently Asked Questions

  1. BASIC INFORMATION

  2. Why is there a Notice?

    A federal court directed a notice because it has preliminarily approved the proposed class action Settlements with Tyson and Perdue. Settlement Class members have the right to know about the Settlements, their rights, and their options before the Court decides whether to grant final approval to the Settlements.

    The Honorable Chief Judge Robert J. Shelby is overseeing this lawsuit, which is called In Re Broiler Chicken Grower Antitrust Litigation (No. II), No. 6:20-md-02977-RJS-CMR (the “Action”), in the United States District Court for the Eastern District of Oklahoma (the “Court”).

    If you received a Notice, you may be a member of the Settlement Classes. To find out if you are a member of the Settlement Classes, see Question 5 below.

    The people who sued are called the Plaintiffs. The companies they sued are called Defendants. The Defendants are Tyson; Perdue; Pilgrim’s Pride Corporation (“Pilgrim’s Pride”); Koch Foods, Inc.; Koch Meat Co. Inc. d/b/a Koch Poultry Co. (together, “Koch”); Sanderson Farms, Inc.; Sanderson Farms, Inc. (Food Division); Sanderson Farms, Inc. (Processing Division); and Sanderson Farms, Inc. (Production Division) (together, “Sanderson”), including each of their past, present, and future, direct and indirect, corporate parents (including holding companies), owners, subsidiaries, related entities, affiliates, associates, divisions, departments, joint ventures, predecessors, and/or successors. As noted herein, Tyson and Perdue are the Defendants that have agreed to settle with Plaintiffs.

    “Alleged Co-Conspirator” means a person or entity that Plaintiffs alleged participated in the conspiracy but are not named as Defendants in this Action. They are: Agri Stats, Inc., Foster Farms, Mountaire Farms, Wayne Farms, George’s, Inc., Peco Foods, Inc., House of Raeford Farms, Simmons Foods, Keystone Foods Fieldale Farms Corp., O.K. Industries, Case Foods, Marshall Durbin Companies, Amick Farms, Inc., Mar-Jac Poultry, Inc., Harrison Poultry, Inc., Claxton Poultry Farms, and Norman W. Fries, Inc., including each of their past, present, and future, direct and indirect, corporate parents (including holding companies), owners, subsidiaries, related entities, affiliates, associates, divisions, departments, joint ventures, predecessors, and/or successors.

  3. What is this lawsuit about?

    Plaintiffs in this Action are Broiler chicken growers who provided Broiler Grow-Out Services. They grow young chickens bred for meat under contract with Integrators. The Plaintiffs represent a group of Broiler chicken growers who have similar claims against the Defendants. For purposes of these Settlements, this group is referred to as the Settlement Classes (see Questions 3 and 5 for more information about the Settlement Classes and whether you are part of them).

    This lawsuit alleges, among other things, that Defendants entered into a conspiracy that violated federal antitrust law and the PSA by agreeing with one another and the Alleged Co-Conspirators to reduce the prices paid to Broiler chicken growers, causing the growers to be underpaid for Broiler Grow-Out Services.

    All Defendants deny Plaintiffs’ antitrust and PSA claims and have asserted defenses to those claims. However, Plaintiffs have reached a Settlement with Tyson for a total of $21,000,000 and with Perdue for a total of $14,750,000 (for a total of $35,750,000) plus cooperation in the prosecution of Plaintiffs’ claims against the non-settling Defendants. In addition, Perdue has agreed to certain restrictions on its ability to enforce arbitration provisions against Growers. See Perdue Settlement § 10(e). Tyson and Perdue both deny any wrongdoing.

    The Tyson and Perdue Settlements do not impact the claims against Pilgrim’s Pride, Sanderson, and Koch; this lawsuit continues against them. If the Plaintiffs reach Settlements with the other Defendants or the Plaintiffs receive a favorable money judgment against the other Defendants at trial, you will receive additional notice of those Settlements and/or that judgment.

    It is possible, however, that the remaining Defendants will prevail against the Plaintiffs and there will be no further money to distribute to the members of the Settlement Classes. There is no guarantee about the outcome of this Action.

    Important information about the Action and these Settlements will be posted on this website as it becomes available. Please check this website regularly to be kept informed about any future developments or important new case documents.

  4. What is a class action?

    In a class action, the Plaintiffs act as “class representatives” and sue on behalf of themselves and other people or entities who have similar claims. This group is called the “class,” and the people and entities in the class are called “class members.” A single court resolves the issues for all class members, except for people who exclude themselves from the class.

    In this Action, the Class Representatives are: Haff Poultry, Inc.; Nancy Butler; Johnny Upchurch; Jonathan Walters; Myles B. Weaver; Melissa Weaver; Marc McEntire; Karen McEntire; and Mitchell Mason. They are or were all Broiler chicken growers.

  5. Why did the parties settle this lawsuit?

    The Court did not decide in favor of Plaintiffs, Tyson, or Perdue. Instead, Plaintiffs and Tyson and Plaintiffs and Perdue have agreed to their respective Settlement Agreements to avoid the costs and risks of continued litigation. The Class Representatives and their attorneys think the Settlements are an excellent result, which will provide members of the Settlement Classes with monetary compensation and cooperation from both Tyson and Perdue that Settlement Class Counsel believe will help them prosecute Plaintiffs’ claims against the remaining Defendants.

  6. WHO IS IN THE CLASSES

  7. How do I know if I am a Member of the Settlement Classes?

    You are a member of the Settlement Classes if you are a person or entity in the United States or its territories that was paid for Broiler Grow-Out Services by any Defendant or Alleged Co-Conspirator (or by a division, subsidiary, predecessor, or affiliate of a Defendant or Alleged Co-Conspirator) at any time between January 27, 2013, through December 31, 2019.

    You are a member of the Settlement Classes and eligible to participate in the Tyson and Perdue Settlements if you provided Broiler Grow-Out Services for any one of the Defendants or Alleged Co-Conspirators during the Class Period. Because this case involves conspiracy claims, it is not necessary for you to have provided Broiler Grow-Out Services for Tyson or Perdue to receive a payment.

  8. What should I do if I am still not sure whether I am included?

    If you are not sure whether you are included in the Settlement Classes, you can ask for free help by calling the Settlement Administrator at 1-833-907-3700 or sending an email to Info@BroilerGrowersAntitrustSettlement.com for more information.

    An operator is available to answer your questions during normal business hours.

  9. THE SETTLEMENTS

  10. What do the Settlements provide?

    Tyson has agreed to pay $21,000,000 into a Settlement Fund and Perdue has agreed to pay $14,750,000 into a Settlement Fund to settle the lawsuit against them in exchange for the release by the members of the Settlement Classes of the claims against them in this Action. In addition, the Settlements will help the Plaintiffs pursue their claims against the remaining Defendants because Tyson and Perdue have agreed to provide certain cooperation to Plaintiffs in the litigation against the remaining Defendants, and Perdue has agreed to certain restrictions on its ability to enforce arbitration provisions against Growers. Perdue Settlement § 10(e). You can view the Settlement Agreements, including the release of claims, on the Important Documents page.

    A portion of the Settlement Funds, subject to approval by the Court, will be used to pay Settlement Class Counsel for their time in pursuing this lawsuit, to reimburse them for out-of-pocket costs they have incurred, and for incentive awards to the Class Representatives. Amounts remaining after deductions for attorneys’ fees, litigation costs and other expenses, and incentive awards (see Questions 3, 15) will be distributed to members of the Settlement Classes who do not exclude themselves from the Settlements pro rata, based on their qualifying payments from Defendants and Alleged Co-Conspirators for the provision of Broiler Grow-Out Services (see Question 10).

    Additional details about the Settlements are contained in the Settlement Agreements, which are available on the Important Documents page.

  11. How will payments be calculated?

    At this time, it cannot be known how much you will receive from the Settlements.

    The amount remaining in the Settlement Funds after deductions for attorneys’ fees and litigation expenses, Class Representative service awards, and costs for notice and Settlement administration, will be distributed pro rata to eligible members of the Settlement Classes with valid claims based on payments received from Defendants and Alleged Co-Conspirators for Broiler Grow-Out Services. That means your payment will be based on the total payments you received from Defendants and Alleged Co-Conspirators during the Class Period as a proportion of the total payments received by all eligible members of the Settlement Classes with valid claims.

    As a simple example, if a member of the Settlement Classes received payments totaling $100 dollars, and the total payments to all eligible members of the Settlement Classes with valid claims is $10,000, that member would be entitled to 1% of the total amount to be distributed.

    The amount you receive will depend on how much the Court allows in attorneys’ fees and litigation expenses, Class Representative service awards, costs for notice and Settlement administration, how many valid claims are submitted by eligible members of the Settlement Classes, and the total amount of payments made for Broiler Grow-Out Services during the Class Period to eligible members of the Settlement Classes with valid claims.

    As described below (see Questions 21-23), the Court will conduct a Fairness Hearing and decide whether a) to finally approve the Settlements, b) to approve the proposed pro rata allocation plan; and c) to approve Settlement Class Counsel’s request for fees and reimbursement of costs and requests for incentive awards to the Class Representatives.

    For information on how to make a claim, see Question 9 or go to the Submit a Claim page.

  12. HOW TO GET A PAYMENT—MAKING A CLAIM

  13. How can I get a payment?

    If you are a member of the Settlement Classes, there are two ways for you to receive a payment from the Settlements:

    1. Pre-Populated Claims Forms with Pre-Populated Payment Information: If you received a Pre-Populated Claim Form that already contains pre-populated payment information and you have not excluded yourself from the Settlements, you do not need to do anything further to receive a payment. This payment information was provided by Defendants and Alleged Co-Conspirators from their payment records. Your pro rata share will be calculated based on the payment amounts in your Claim Form. If you agree with the pre-populated payment information or otherwise do not respond to the Pre-Populated Claim Form, your pro rata share will be determined based on the pre-populated amount.

      If you disagree with the pre-populated payment information in the Pre-Populated Claim Form or if you believe the information in the Pre-Populated Claim Form is incomplete (for example, it is missing payments you received during certain years), you have the right to submit a corrected Claim Form, which must be accompanied by supplemental documentation supporting your additions or clarifications (such as settlement sheets for Broiler flocks you raised or yearend statements from the Integrator with whom you contract or contracted) postmarked by April 10, 2022. If validated by the Settlement Administrator, your pro rata share will be based on this corrected or supplemental information. Please follow the instructions on the Pre-Populated Claim Form to submit a corrected and/or supplemental Claim Form.
    2. Unpopulated Claims Forms without Pre-Populated Payment Information: If you have received a Claim Form that does not include any pre-populated payment information (or you did not receive a Claim Form at all) and you want to receive a payment, you MUST complete and Submit a Claim Form, postmarked by April 10, 2022. If your Claim Form does not have pre-populated payment information this means that the Settlement Administrator does not have information from Defendants or Alleged Co-Conspirators about the amount you were paid for Broiler Grow-Out Services during the Class Period. If you are or were a Grower for Wayne Farms, Fieldale Farms, Claxton Poultry, Case Farms, or Keystone Foods, it is more likely you received an Unpopulated Claim Form or no Claim Form at all and will have to complete and Submit a Claim Form to receive a payment.

      An Unpopulated Claim Form can be obtained on the Important Documents page. You have two options for completing and submitting an Unpopulated Claim Form.

      First, if you have information on your total payments for Broiler Grow-Out Services by year, provide that information with supporting documentation of those payments. If validated by the Settlement Administrator, your pro rata share will be based on the payment information you provide.

      Second, if you do not have information or documentation regarding the total payments you received for Broiler Grow-Out Services, you must provide the years in which you provided Broiler Grow-Out Services, the name of the company (or companies) for which you provided Broiler Grow-Out Services in each year, the number of farms you operated (if more than one), and for any partial years you provided Broiler Grow-Out Services (for example, if you quit raising Broilers in the middle of a year covered by the Class Period) the number of flocks you grew during each partial year. If validated by the Settlement Administrator, your pro rata share will be based on that information along with available industry payment data.

      Please follow the instructions on the Unpopulated Claim Form.

    If you did not receive a Pre-Populated Claim Form and you do not complete and submit a valid Claim Form postmarked by the deadline, you will not receive a payment from the Settlement Funds, but you will still give up the right to sue Tyson and Perdue in a separate lawsuit related to the legal claims these Settlements resolve.

    You should mail your corrected or supplemented Pre-Populated Claim Form or completed Unpopulated Claim Form to the address below, postmarked no later than April 10, 2022 or upload it to the Submit a Claim page on this website. You can also request that a Claim Form be sent to you by calling the Settlement Administrator or by sending a written request to the Settlement Administrator by mail or by email:

    In re Broiler Chicken Grower Antitrust Litigation
    c/o Settlement Administrator
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103
    (833) 907-3700
    Info@BroilerGrowersAntitrustSettlement.com

    If you have questions regarding your Claim Form or participating in the Settlements, contact the Settlement Administrator using the contact information set forth on the Contact Us page.

  14. When will I get my payment?

    Even if the Court finally approves the Settlements and approves the allocation and distribution plan, there still may be appeals of those decisions. The Settlement Funds cannot be distributed until all appeals are resolved. It is hard to estimate how long that might take. Further, even if there are no appeals, it is difficult to predict how long the claims process will take. Further, it is possible that other Defendants may settle the claims against them and that distribution of the proceeds from the Tyson and Perdue Settlements may be delayed so that the proceeds from multiple settlements may be distributed at the same time.

    Updates regarding the Settlements and when payments will be made will be posted on this website.

  15. Will Tyson or Perdue, any of the other Defendants, or any of the Alleged Co-Conspirators know that I have submitted a claim or received an award from the Settlements?

    No. All information you provide in connection with receiving an automatic payment or submitting a Claim Form in this action will be maintained strictly confidentially and will not be made available publicly or to any Defendant or Alleged Co-conspirator. Only Settlement Class Counsel, the Court, and the Settlement Administrator will have access to any information you provide, including your identity, in connection with receiving an automatic payment or submitting a Claim Form in this action.

    If, however, you exclude yourself from either or both of the Settlements or object to either or both of the Settlements, the filings of exclusions and objections with the Court will publicly reveal your identity.

  16. What happens if I move or change my mailing address?

    If you have moved since you received the Notice, you may update your address with the Settlement Administrator by completing the “Claimant Information” section of the Pre- or Un-Populated Claim Form and by mailing or emailing completed information to:

    In re Broiler Chicken Grower Antitrust Litigation
    c/o Settlement Administrator
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103
    (833) 907-3700
    Info@BroilerGrowersAntitrustSettlement.com

    You may update your mailing address even if you are not disputing or supplementing any of the pre-populated payment information in the Pre-Populated Claims Form you received.

    You may also update your address at any time during this litigation by contacting the Settlement Administrator to notify them of your new mailing address. Because there may be additional settlements reached with the other Defendants or there may be a judgment in Plaintiffs’ favor, it is important that the Settlement Administrator have updated address information so they may send you notice of such settlements or judgment.

  17. THE LAWYERS REPRESENTING YOU

  18. Do I have a lawyer in the case?

    Yes. The Court appointed the law firms of Hausfeld LLP and Berger Montague PC (“Settlement Class Counsel”) to represent you and the other members of the Settlement Classes.

    They can be contacted at:

    Eric L. Cramer
    BERGER MONTAGUE PC
    1818 Market Street, Suite 3600
    Philadelphia, PA 19103

    Melinda R. Coolidge
    HAUSFELD LLP
    888 16th Street, NW, Suite 300
    Washington, DC 20006

    Gary I. Smith, Jr.
    HAUSFELD LLP
    325 Chestnut Street, Suite 900
    Philadelphia, PA 19106

    You will not be charged for their services or for contacting them. If you want to be represented by your own lawyer, you may hire one at your own expense. See Question 14.

  19. Should I get my own lawyer?

    You do not need to hire your own lawyer because Settlement Class Counsel is working on your behalf at no out of pocket charge to you. If you want your own lawyer, you may hire one, but you will be responsible for any payment for that lawyer’s services. For example, you can ask your own lawyer to appear in Court for you if you want someone other than Settlement Class Counsel to speak for you. You may also appear for yourself at the Fairness Hearing without a lawyer. See Questions 21-23.

  20. How will the lawyers be paid?

    You do not have to pay Settlement Class Counsel. Settlement Class Counsel, who have not yet been paid for their services or reimbursed for their expenses, will seek approval from the Court for a) an award of attorneys’ fees up to one third of the gross Settlements amounts, b) reimbursement for litigation costs they advanced in pursuing the Claims up to $3,000,000, also from the Settlement Funds, and c) incentive awards to the Class Representatives up to $50,000 each. The fees will compensate Settlement Class Counsel for investigating the facts, litigating the case, and negotiating and administering the Settlements over the last five years. The Court will decide the amount of fees and/or expenses to award.

    Settlement Class Counsel will file their motion for fees, reimbursement of litigation expenses, and incentive awards at least 30 days before the deadline to object to the Settlements. The motion will be filed on this website, where you will also be able to review it.

  21. If I participate in the Settlements, can I sue Tyson or Perdue for the same thing later?

    No. Unless you exclude yourself from the Tyson Settlement (See Question 17), you will give up the right to sue Tyson related to the legal claims the Tyson Settlement resolves. Unless you exclude yourself from the Perdue Settlement, you will give up the right to sue Perdue related to the legal claims the Perdue Settlement resolves.

    Details on the claims that you release unless you exclude yourself are detailed in the Tyson Settlement and Perdue Settlement, which are available on the Important Documents page.

  22. EXCLUDING YOURSELF FROM THE SETTLEMENT CLASS

  23. Can I get out of the Settlement Class?

    If you do not want to receive any benefits from the Settlements, and you want to keep your right, if any, to sue Tyson or Perdue on your own about the legal issues in this Action, then you must exclude yourself from the Settlement Class for the Tyson Settlement, the Perdue Settlement, or both Settlements. This is called “opting out” of the Settlement Class. The deadline for requesting exclusion from these Settlements is December 6, 2021 (postmarked).

    To exclude yourself from the Settlement, you must submit a written request by mail. Your request for exclusion must include:

    • The name of the Class member wishing to opt out;
    • Their current address;
    • A statement that the opt out is a Settlement Class member and was compensated for Broiler Grow-Out Services by a Defendant or Alleged Co-Conspirator, or by a division, subsidiary, predecessor, or affiliate of a Defendant or Alleged Co-Conspirator during the Class Period, along with documentation showing membership in the Settlement Class;
    • an express statement that they wish to be excluded from either (a) the Tyson Settlement, (b) the Perdue Settlement, or (c) both Settlements in In re Broiler Chicken Grower Antitrust Litigation (No. II), No. 6:20-md-02977-RJS-CMR; and
    • The Class member’s signature.

    Your request(s) for exclusion must be mailed to the Settlement Administrator with a postmarked date on or before December 6, 2021:

    In re Broiler Chicken Grower Antitrust Litigation
    ATTN: Exclusion Request
    PO Box 58220
    Philadelphia, PA 19102

    If you exclude yourself from a Settlement or both Settlements, you are telling the Court you do not want to be part of the Settlement(s). You will not be eligible to receive any money from each Settlement you exclude yourself from. You will not be eligible to object to each Settlement you exclude yourself from. For each Settlement you exclude yourself from, you will keep any rights you currently have to separately sue Tyson and/or Perdue related to the legal claims the Settlements resolve.

  24. OBJECTING TO THE SETTLEMENTS

  25. How do I tell the Court if I do not like the Settlement?

    If you are a member of the Settlement Classes and do not exclude yourself from the Tyson Settlement, you may object to the Tyson Settlement. If you are a member of the Settlement Classes and do not exclude yourself from the Perdue Settlement, you may object to the Perdue Settlement. If you are a member of the Settlement Classes and do not exclude yourself from either Settlement, you can object to both Settlements. If you are a member of the Settlement Classes and do not exclude yourself from one or both Settlements, you may also object to Settlement Class Counsel’s request for attorney’s fees, unreimbursed litigation costs and expenses, and service awards for the Class Representatives, and the proposed plan of allocation.

    You cannot ask the Court to modify the Settlements; the Court can only approve or deny the Settlements.

    If you wish to object to one or both of the proposed Settlements, the proposed plan of allocation or distribution, or Settlement Class Counsel’s request for attorney’s fees, unreimbursed litigations costs and expenses, and service awards for the Class Representatives, you must do so in writing. To object, you must file a document with the Court by December 6, 2021, saying that you object to the Settlements in In re Broiler Chicken Grower Antitrust Litigation No. II, No. 6:20-md-02977-RJS-CMR. You must include:

    • The objector’s full name, address, and telephone number;
    • A statement saying that the objector objects to the Settlements, the proposed plan of allocation, the request for fees, expenses and service awards, or another component in In re Broiler Chicken Grower Antitrust Litigation (No. II), No. 6:20-md-02977-RJS-CMR;
    • Whether the objector plans to appear at the Fairness Hearing;
    • Proof of membership in the Settlement Classes, including any documentation evidencing the objector was compensated for Broiler Grow-Out Services by a Defendant or Alleged Co-Conspirator, or by a division, subsidiary, predecessor, or affiliate of a Defendant or Alleged Co-Conspirator, during the Class Period;
    • The specific reasons supporting the objection, along with any supporting materials or documents that you want the Court to consider;
    • Whether the objector is objecting to the Perdue Settlement, the Tyson Settlement, or both;
    • The identity of the objector’s legal counsel, if any; and
    • The objector’s signature.

    You must mail the written objection by First Class U.S. Mail, postmarked no later than December 6, 2021, to the Court at the following address: United States District Court for the Eastern District of Oklahoma, 101 N. 5th St., Muskogee, OK 74401.

    You must also mail your objection by First Class U.S. Mail to Settlement Class Counsel, Counsel for Tyson, and Counsel for Perdue at each of the following addresses postmarked by December 6, 2021:

    Settlement Class Counsel Settlement Class Counsel

    Eric L. Cramer
    BERGER MONTAGUE PC
    1818 Market Street, Suite 3600
    Philadelphia, PA 19103

    Gary I. Smith, Jr.
    HAUSFELD LLP
    325 Chestnut Street, Suite 900 Philadelphia, PA 19106

    Counsel for Tyson Counsel for Tyson

    Bradley D. Justus
    AXINN, VELTROP & HARKRIDER LLP
    1901 L Street, NW
    Washington, DC 20036

    Eli J. Glasser
    Executive Counsel, Antitrust and Global Competition
    Tyson Foods, Inc.
    2200 Don Tyson Parkway
    Springdale, AR 72762

    Counsel for Perdue

    Lisa Jose Fales
    VENABLE, LLP
    600 Massachusetts Ave, NW
    Washington, DC 20001

    If your objection is not postmarked by December 6, 2021, and does not include the information listed above, it may be rejected by the Court.

    You may also appear at the Fairness Hearing, either in person or through your own attorney. See Questions 14, 21-23. If you wish to appear at the Fairness Hearing you must include a statement in your written objection that you intend to appear at the hearing and wish to be heard. If you appear through your own attorney, you are responsible for paying that attorney.

  26. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court that you disagree with something about the Settlements while excluding yourself tells the Court that you do not wish to participate in the Settlements at all. You cannot object to a Settlement if you exclude yourself from it. If you exclude yourself from one or both Settlement(s), you cannot object to the Settlement(s) you excluded yourself from because the Settlement(s) no longer affect you.

  27. Will anyone other than the Court and the lawyers know that I have objected or excluded myself?

    Yes. If you exclude yourself or object to one or both Settlement(s), the filings of exclusions and objections with the Court will publicly reveal your identity.

  28. THE COURT’S FAIRNESS HEARING

  29. When and where will the Court decide whether to approve the Settlements with Tyson and Perdue?

    The Court will hold a Fairness Hearing at 10:00 a.m. CT on February 18, 2022, at the United States District Court for the Eastern District of Oklahoma, located at 101 N 5th St, Muskogee, OK 74401. Click here for the Zoom hearing information.

    The Court may reschedule the Fairness Hearing or change any of the deadlines described in the notice. The date of the Fairness Hearing may change without further notice. Be sure to check this website for news of any such changes.

    At this hearing, the Court will consider whether the Settlements are fair, reasonable, and adequate. The Court will also consider Settlement Class Counsel’s request for attorney’s fees of up to one third of the gross Settlement Funds, unreimbursed litigation costs and expenses not to exceed $3,000,000, and service awards for the Class Representatives up to $50,000 each, and the proposed plan of allocation and distribution. If there are objections, the Court will consider them at the hearing. The Court may decide to permit those Settlement Class members who have previously notified the Court that they wished to appear to speak at the hearing.

    At or after the Fairness Hearing, the Court will decide whether to finally approve the Settlements and the related matters raised by Settlement Class Counsel.

  30. Do I have to come to the Fairness Hearing?

    No. Settlement Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish or pay your own lawyer to attend, but it is not necessary. If you send an objection, you do not have to come to Court to talk about it. So long as you mailed your written objection postmarked by December 6, 2021, the Court will consider it.

  31. May I speak at the hearing?

    You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must include a statement in your written objection (see Question 18) that you intend to appear at the hearing. Be sure to include your name, address, telephone number, and signature as well. You cannot speak at the hearing if you excluded yourself from both Settlement Classes.

    If you do not object to the Settlements but still wish to speak at the Fairness Hearing, you must send a letter or other written document that expressly states that the letter or document is your “Notice of Intention to Appear” in In Re Broiler Chicken Grower Antitrust Litigation (No. II), No. 6:20-md-02977-RJS-CMR. Include your name, address, telephone number, and your signature. You must send your “Notice of Intention to Appear” to the addresses listed in Question 18, postmarked no later than December 6, 2021.

    The Court will decide whether you will be allowed to speak at the Fairness Hearing.

  32. IF I DO NOTHING

  33. What happens if I do nothing at all?

    If you do nothing, you will remain a member of the Settlement Classes and will have released all your claims against Tyson and Perdue related to the claims in this Action.

    If you received a Pre-Populated Claim Form that already has information about the total payments you received from any Defendant or Alleged Co-Conspirator on the Claim Form, and you do nothing, you will still receive a payment. But you may correct or supplement that information by returning the Claim Form if you wish (see Question 9.1).

    If you received an Unpopulated Claim Form that does not include any information about the total payments you received from any Defendant or Alleged Co-Conspirator, or you did not receive a Claim Form at all, and you do nothing, you will not have the right receive any portion of the Settlement Funds. You must complete and Submit a Claim Form to the Settlement Administrator to receive a payment (see Question 9.2).

  34. GETTING MORE INFORMATION

  35. Are more details about the Settlements available?

    Yes. The notice summarizes the Settlements with Tyson and Perdue. You can review the complete Tyson and Perdue Settlement Agreements and get copies of case-related documents, and the lawyers’ application to the Court for fees and cost reimbursement and their proposed plan of allocation when it becomes available, as well as other information about the Action on the Important Documents page.

    PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS ACTION.

  36. How do I get more information?

    This website has important Court documents and answers to questions about the Action. You can also call, email, or write to the Settlement Administrator at:

    In re Broiler Chicken Grower Antitrust Litigation
    c/o Settlement Administrator
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103
    (833) 907-3700
    Info@BroilerGrowersAntitrustSettlement.com