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

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If you received an Unpopulated Claim Form in the mail or you did not receive a Claim Form at all, but believe you are a Class Member, click below to complete a Claim Form.

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BROILER CHICKEN GROWER UNPOPULATED CLAIM FORM

Unless you received a Pre-Populated Claim Form, you must fill out, complete, and submit this Claim Form. If you believe you are a member of the Settlement Classes in this action and want to be eligible to share in one or both of the Settlements with Tyson Foods, Inc., Tyson Chicken, Inc., Tyson Breeders, Inc., and Tyson Poultry, Inc. (collectively referred to as “Tyson”) and Perdue Foods, LLC (“Perdue”). The Settlement Classes each include: “All individuals and entities in the United States and its territories that were compensated for Broiler1 Grow-Out Services2 by a Defendant or Alleged Co-Conspirator, or by a division, subsidiary, predecessor, or affiliate of a Defendant or Alleged Co-Conspirator, at any time during the period of January 27, 2013, through December 31, 2019 (the “Class Period”). Of note, you do not need to have provided Broiler Grow-Out Services for Tyson or Perdue to receive a payment from the Tyson or Perdue Settlement Fund, you need only have provided Broiler Grow-Out Services for any Defendant or Alleged Co-Conspirator.

Unless you received a Pre-Populated Claim Form, you must submit this form by April 10, 2022 to be eligible to receive a payment from the Tyson and Perdue Settlement Funds. If you want to participate in one Settlement, but not both, you may do so by submitting a notice of exclusion for the Settlement you do not want to participate in. If you wish to participate in one Settlement, but not both, you must still submit this form (unless you received a Pre-Populated Claim Form) to receive a payment from the Settlement you do wish to participate in and exclude yourself from the Settlement you do not wish to participate in, otherwise you will still be bound by both Settlements. If you exclude yourself from both Settlements, you will not be able to receive a payment from either Settlement, regardless of whether you submit this Claim Form.

Compensation records maintained by the Defendants and Alleged Co-Conspirators indicate that you are a member of the Settlement Classes in this action, and are therefore eligible to receive payments from Settlements with Tyson Foods, Inc., Tyson Chicken, Inc., Tyson Breeders, Inc., and Tyson Poultry, Inc. (collectively referred to as “Tyson”) and Perdue Foods, LLC (“Perdue”).

The Settlement Classes each include: “All individuals and entities in the United States and its territories that were compensated for Broiler1 Grow-Out Services2 by a Defendant or Alleged Co-Conspirator, or by a division, subsidiary, predecessor, or affiliate of a Defendant or Alleged Co-Conspirator, at any time during the period of January 27, 2013, through December 31, 2019 (the “Class Period”). Of note, you do not need to have provided Broiler Grow-Out Services for Tyson or Perdue to receive a payment from the Tyson or Perdue Settlement Fund, you need only have provided Broiler Grow-Out Services for any Defendant or Alleged Co-Conspirator.

Defendants and Alleged Co-Conspirators have provided to Settlement Class Counsel the total compensation that you were paid by one or more of them for Broiler Grow-Out Services between January 27, 2013, and December 31, 2019. Your payment from the Tyson and Perdue Settlement Funds will be based on that information unless you dispute it.

Please follow the steps on this page to review and submit this Claim Form. If you do nothing and do not submit this form, you will still be eligible for and receive a payment from the Settlements based on the information contained on this Claim Form, but you will waive the right to contest any information contained on this Form. If you want to participate in one Settlement, but not both, you may do so by submitting a notice of exclusion for the Settlement you do not want to participate in. Submitting this form does not preclude you from excluding yourself from the other Settlement. If you exclude yourself from both Settlements, you will not be able to receive a payment from either Settlement, regardless of whether you submit this form.

1 “Broilers” excludes specialty chicken that is grown, processed, and sold according to halal, kosher, free range, pasture-raised, or organic standards. Specialty chicken does not include chicken raised without antibiotics, such as No Antibiotics Ever (“NAE”) or Antibiotic Free (“ABF”) standards. “Broilers” as used herein includes NAE and ABF chicken. See Settlement Agreements § 1(d).

2 “Broiler Grow-Out Services” means Broiler chicken growing services.

COMPLETE YOUR CLAIMANT INFORMATION

The total pro rata payment amount you receive will be calculated based on qualifying compensation you received from any Defendant or Alleged Co-Conspirator for Broiler Grow-Out Services between January 27, 2013, and December 31, 2019. You have two options available to you to substantiate your qualifying payments.

* Required Fields
STEP 1: REVIEW YOUR PAYMENT INFORMATION

Records provided by Defendants and Alleged Co-Conspirators indicate that your total compensation for Broiler Grow-Out Services from January 27, 2013, through December 31, 2019, is .

The details concerning the amount of your qualifying compensation are set forth below. For purposes of determining a Settlement payment, the amount you were compensated includes all monetary remuneration provided to you for the provision of Broiler Grow-Out Services, inclusive of all surcharges, allowances, and incentive payments, and any other components of Grower compensation.

Integrator 2013 Comp.*
(*beginning January 27)
2014 Comp. 2015 Comp. 2016 Comp. 2017 Comp. 2018 Comp. 2019 Comp.

Once you have reviewed the above qualifying compensation information, if you agree with the compensation information listed above, you do not need to do anything else to receive a payment from the Tyson and Perdue Settlements. You do not need to return this Claim Form. Your pro rata payment from the Settlement Funds will be based on the compensation information above.

Have you moved? If you have moved since you received this Claim Form, please correct the address information above before submitting.

If you do not agree with the qualifying compensation information above or the information is incomplete and you wish to provide corrected or supplemental information, proceed to Step 2. If you only needed to correct address information, proceed to Step 4.

STEP 2: CORRECT YOUR PAYMENT INFORMATION

If you do not agree with the qualifying compensation information listed in Step 1 or the prepopulated information is incomplete or incorrect, please indicate so here and complete the information requested below.

You may correct your qualifying compensation information, upload documentation, and submit your corrected or supplemental information below. Alternatively, you can mail your corrected Pre-Populated Claim Form to the Settlement Administrator at the address found on the Contact Us page of this website.

If you disagree with the qualifying compensation information above, please fill in the chart below. For purposes of filling in the chart below, the amount you were compensated includes all monetary remuneration provided to you for the provision of Broiler Grow-Out Services, inclusive of all surcharges, allowances, and incentive payments, and any other components of Grower compensation.

Integrator 2013 Comp.*
(*beginning January 27)
2014 Comp. 2015 Comp. 2016 Comp. 2017 Comp. 2018 Comp. 2019 Comp.

+ CLICK HERE IF YOU NEED TO ENTER MORE INTEGRATORS

The Settlement Administrator will review your corrected qualifying compensation information. If validated by the Settlement Administrator, your pro-rata payment from the Settlements will be based on the corrected total compensation information you provide.

OPTION ONE: COMPLETE YOUR CLAIMANT INFORMATION AND PROVIDE SUPPORTING DOCUMENTATION

Option One: You can provide the total amounts you were paid by any Defendant or Alleged Co-Conspirator for the provision of Broiler Grow-Out Services in the following chart and you must provide supporting documentation of those amounts, such as settlement sheets for the Broiler flocks you raised or yearend accounting statements provided to you by your Integrator. Defendants and Alleged Co-Conspirators include:

  • Amick Farms, Inc.
  • Case Foods
  • Claxton Poultry Farms
  • Fieldale Farms Corp.
  • Foster Farms
  • George’s, Inc.
  • Harrison Poultry, Inc.
  • House of Raeford Farms
  • Keystone Foods
  • Koch Foods, Inc.
  • Mar-Jac Poultry, Inc.
  • Marshall Durbin Companies
  • Mountaire Farms
  • Norman W. Fries, Inc.
  • O.K. Industries
  • Peco Foods, Inc.
  • Perdue Foods, LLC
  • Pilgrim’s Pride Corporation
  • Sanderson Farms, Inc.
  • Simmons Foods
  • Tyson Foods, Inc.
  • Wayne Farms

For purposes of determining a Settlement payment, the amount you were compensated includes all monetary remuneration provided to you for the provision of Broiler Grow-Out Services, inclusive of all surcharges, allowances, and incentive payments, and any other components of Grower compensation.

Year Total Compensation for Broiler Grow-Out Services
2013*
(*beginning January 27)
$
2014 $
2015 $
2016 $
2017 $
2018 $
2019 $

The Settlement Administrator will review the compensation information you have provided. If validated by the Settlement Administrator, your pro rata award from the Settlement Funds will be calculated based on the total compensation information you provide.

SUPPORTING DOCUMENTS

Copies of any records that support your corrected or supplemental qualifying compensation information can be uploaded below. These records may include, for example, settlement sheets for the Broiler flocks you raised or yearend accounting statements provided to you by your Integrator. Please be sure to keep your original documents for your own records.

Accepted file types are: DOCX, DOC, PDF, TIF, JPG, GIF, PNG. Other file types will be rejected. Please confirm in the grid below that your file has been successfully uploaded.

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    OPTION TWO: PROVIDE INFORMATION FOR THE SETTLEMENT ADMINISTRATOR TO ESTIMATE YOUR PAYMENTS OVER THE CLASS PERIOD

    Option Two: If you do not know what the total amount you were paid is and/or you do not have supporting documentation of those amounts such as settlement sheets for the Broiler flocks you raised, the Settlement Administrator can generate an estimate of your claim amount based on available data.

    If you provide (1) the name of the Defendant(s) or Alleged Co-Conspirator(s) for which you grew Broilers, (2) the years in which you provided those services, (3) the number of farms you operated, and (4) the number of flocks you grew in a given year if you performed Broiler Grow-Out Services for a partial year (e.g., half a year), then if your claim is validated by the Settlement Administrator, your pro rata payment will calculated based on available industry data.

    Year Defendant or Alleged Co-Conspirator to which you provided Broiler Grow-out Services Number of Farms You Operated3 Number of Flocks4
    2013*
    (*beginning January 27)
    2014
    2015
    2016
    2017
    2018
    2019
    Total

    3 Note, the Number of Farms you Operated column is not asking for the number of chicken houses on your farms, but instead whether you operated separate and distinct farming operations at distinct locations, and if so, how many. If you only operated one farm, simply answer “1.”

    4 You only need to populate the Number of Flocks Column if you performed Broiler Grow Out Services for a partial year, for example, if you started with your Integrator or stopped with your Integrator mid-year.

    COMPLETE YOUR ATTESTATION

    Check the applicable box below and sign the attestation:

    By signing below, I/we certify that (1) the above and foregoing information is true and correct; (2) I warrant that I am the Broiler chicken grower entity Settlement Class member(s) or am an owner, officer or director employed by the Broiler chicken grower entity Settlement Class member(s); (3) I agree to submit additional information, if requested, in order for the Settlement Administrator to process my claim.

    Note, all information contained on this form and that you provide for this form will be maintained 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, unless you object to or exclude yourself from one or both Settlements, in which case your identity will be publicly available.

    Your Claim Form has been submitted successfully.

    HOWEVER, it appears one or more of the documents you uploaded were not successfully received. Please see below for which file(s) had errors and log back in to your existing Claim online to re-upload your document(s). Alternatively, you can send your documents with your Claim Number to the Settlement Administrator by email to: Info@BroilerGrowersAntitrustSettlement.com.

    Please print this page for your records.

    Your Claim Details

    Claim Number:
    Confirmation Code:
    You will need the above Claim Number and Confirmation Code if you would like to edit your Claim at a later time, so please print this page for your records.
    CLAIM INFORMATION
    Name
    First Name
    M.I.
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    Mailing Address 1
    Mailing Address 2
    City
    State
    Province
    Zip Code
    Postal Code
    Country
    Contact Telephone
    Email Address
    Signature
    Date

    If you have any questions regarding your Claim, please provide the Claim Number listed above and email us at Info@BroilerGrowersAntitrustSettlement.com

    Click here to edit your Claim.