In re Broiler Chicken Grower Antitrust Litigation No. II
(Koch Settlement)

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

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

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Please remember to enter the full Claim Number exactly as it appears on your Pre-Populated Claim Form, including any letters, (i.e. ABC1234567).

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If you would like to edit your existing Pre-Populated Claim Form or submitted Unpopulated Claim Form, enter your Claim Number and Confirmation Code below.

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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.

Please note that this claims portal is scheduled to close on February 6, 2023 at 11:59:59 P.M. Pacific Time.

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 Class in this action and want to be eligible to share the Settlement with Koch Foods, Inc. and Koch Meat Co., Inc. (doing business as Koch Poultry Co.) (together “Koch”). The Settlement Class includes: “All individuals and entities in the United States and its territories that were compensated for Broiler1 Grow-Out Services2 by a Defendant or Co-Conspirator, or by a division, subsidiary, predecessor, or affiliate of a Defendant or 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 Koch to receive a payment from the Koch 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 complete a paper Claim Form and mail it to the address listed on the top of this form (postmarked by February 6, 2023) or submit it through this website by February 6, 2023 to be eligible to receive a payment from the Koch Settlement Fund. If you exclude yourself from the Koch Settlement, you will not be able to receive a payment from the 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 Class in this action, and are therefore eligible to receive payment from the Settlement with Koch Foods, Inc. and Koch Meat Co., Inc. (doing business as Koch Poultry Co.) (collectively referred to as “Koch”).

The Settlement Class includes: “All individuals and entities in the United States and its territories that were compensated for Broiler1 Grow-Out Services2 by a Defendant or Co-Conspirator, or by a division, subsidiary, predecessor, or affiliate of a Defendant or 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 Koch to receive a payment from the Koch 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 Koch Settlement Fund will be based on that information unless you dispute it.

Please follow the steps below to review and submit this Claim Form. If you do nothing, you will still be eligible for and receive a payment from the Settlement 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 exclude yourself from the Settlement, you will not be able to receive a payment from the 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 Koch Settlement. You do not need to return this Claim Form. Your pro rata payment from the Settlement Fund 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 when you submit this Claim Form. 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 Settlement 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 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 fund 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 be calculated based on available industry data.

    Year Defendant or 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 Koch Settlement 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

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    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
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    Mailing Address 2
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    If you have any questions regarding your Claim, please provide the Claim Number listed above and email us at Info@BroilerGrowersAntitrustSettlement.com

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