, Feb. 3, 2023
If You Purchased Broiler Chicken For Commercial Use Since 2009, A Class Action May Affect Your Rights.
The purpose of this notice is to inform you of your rights related to the class action lawsuit entitled In re Broiler Chicken Antitrust Litigation (Commercial and Institutional Indirect Purchaser Plaintiffs), N.D. Ill. Case No. 1:16-cv-08637, pending in the United States District Court for the Northern District of Illinois. On May 27, 2022, Judge Thomas M. Durkin issued an Order certifying a damages class of indirect purchasers generally defined as: "All entities that purchased Broilers indirectly from a Defendant or named co-conspirator in an Indirect Purchaser State for their own use in commercial food preparation from January 1, 2009, until July 31, 2019 (the "Certified Damages Class")." In addition, the Court certified an injunctive class consisting of "All entities that purchased Broilers indirectly from a Defendant or a named co-conspirator in the United States for their own use in commercial food preparation from January 1, 2009, until July 31, 2019 (the "Certified Injunctive Class").
Defendants have not admitted any liability and continue to deny the legal claims alleged in this lawsuit. No additional settlements have been reached with the Non-Settling Defendants. If there are any future settlements or judgments, you will receive an additional notice.
This notice provides Class Members with an opportunity to opt out of the Certified Classes defined above. If you exclude yourself from the Certified Classes, you will not be able to recover any award from any future settlements or judgments obtained by the lawyers for the Class, if settlements or judgments occur. The Certified Classes do not affect the previous settlements reached in this litigation. Your legal rights may be affected whether you act or do not act. Please read this notice carefully.
Am I Included?
Your company may be included if, from January 1, 2009, through July 31, 2019, it indirectly purchased Broilers from a Defendant or named co-conspirator in the United States for use in commercial food preparation. The largest categories of purchasers included are businesses that purchased Broilers through distributors such as restaurants, grocery store deli counters that commercially prepare meals, and institutional purchasers such as nongovernmental hospitals, nursing homes, and schools. A more detailed notice, including the history of the lawsuit and the exact Class definitions and exceptions to Class membership, is available at www.chickencommercialsettlement.com.
What is this Lawsuit about?
The Certified Classes of Commercial and Institutional Indirect Purchaser Plaintiffs allege that between January 1, 2009, and July 31, 2019, Defendants and co-conspirators conspired to fix, maintain, stabilize, and/or raise the prices of Broilers, resulting in overcharges to commercial and institutional indirect purchasers of Broilers. The complaint describes how the Defendants and co-conspirators allegedly violated federal and state antitrust, unfair competition, and consumer protection laws by agreeing to fix prices and restrict output of Broilers. Defendants deny Plaintiffs' allegations. The Court has not decided which side is right.
What are my Rights and Options?
You do not need to take any action to remain a member of the Certified Classes and be bound by the Court's decisions. As a Certified Class member, you may be able to participate in any future settlements or judgments obtained against the Non-Settling Defendants in the case. If you do not want to remain a member of the Certified Classes and you do not want to be legally bound by the terms of any potential settlements or judgments, or if you wish to pursue your own separate lawsuit against the Non-Settling Defendants, you may exclude yourself by submitting a written request to the Administrator stating your intent to exclude yourself from the Certified Classes.
Your Exclusion Request must include the following: (a) your name and address; (b) a statement that you want to be excluded from the Certified Class in In re Broiler Chicken Antitrust Litigation - Commercial & Institutional Indirect Purchaser Plaintiff Actions, No. 1:16-cv-08637; and (c) your signature. You must mail your Exclusion Request, postmarked or received by April 4, 2023, to: Broilers CIIPP Settlement, ATTN: EXCLUSIONS, c/o A.B. Data, Ltd., P.O. Box 173001, Milwaukee, WI 53217-8042.
Specific instructions on how to request exclusion are set forth in the detailed notice, available on www.chickencommercialsettlement.com.
How can I get a Payment?
There is no settlement or judgment at this time with respect to the Non-Settling Defendants and there is no guarantee that a settlement will be reached or that a judgment in favor of Plaintiffs will be entered by the Court.
The Certified Classes do not affect the previous settlements reached in this litigation or any claims already submitted. Please monitor www.chickencommercialsettlement.com for updates on the claim process related to the previously reached settlements. For any submitted claim deemed to be invalid or incomplete, the Settlement Administrator will contact the claimant directly in writing providing an opportunity to provide any missing information or documentation.
How do I get more Information?
This notice is only a summary. More details are available on the website. You can find copies of the Order Certifying the Classes, other important documents, and information about the current status of the litigation by visiting www.chickencommercialsettlement.com or calling the Settlement Administrator at 1-800-983-6533.
For More Information: 1-800-983-6533 or www.chickencommercialsettlement.com
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SOURCE Cotchett, Pitre & McCarthy, LLP and Gustafson Gluek PLLC