COURT APPROVED LEGAL NOTICE
If you purchased any pork products in the United States from January 1, 2009 through April 2, 2021, your rights may be affected by a class action settlement.
For notification in Spanish, call toll free 1-877-777-9594
or visit our website www.overchargedforpork.com .
An antitrust class action lawsuit filed on behalf of Indirect Buyer Plaintiffs has been settled with Defendants JBS USA Food Company, JBS USA Food Company Holdings, Swift Pork Company and related or affiliated entities (“JBS” or “Settling Defendant “). The notice ordered by the Court could affect your rights. Please read and follow these instructions very carefully.
The United States District Court for the District of Minnesota authorized this notice. Before making any money payments, the Court will hold a hearing to decide whether to approve the Settlement.
Who is Included ?
For purposes of the settlement, members of the Class Settlement Class are defined as all persons and entities that indirectly purchased Pig from any of the Defendants or any co-conspirators, or their respective subsidiaries or affiliates, to personal use in the United States from January 1, 2009 through April 2, 2021. Specifically, the Defendants are excluded from the Class Settlement Class; the officers, directors or employees of any of the Defendants; any entity in which any of the Defendants has a majority interest; and any affiliate, legal representative, heir or assignee of any of the Defendants. Also excluded from this Class Settlement Class are federal, state, or local government entities, the judicial officials presiding over this lawsuit and their immediate family members, judicial personnel, and jurors assigned to this lawsuit. In addition to JBS, Defendants in this lawsuit for the purposes of this notice include Clemens Food Group, LLC, The Clemens Family Corporation, Hormel Foods Corporation, Seaboard Foods LLC, Smithfield Foods, Inc., Triumph Foods, LLC, Tyson Foods , Inc., Tyson Prepared Foods, Inc., Tyson Fresh Meats, Inc. andAgri Stats , Inc.
If you are not sure if you are included, you can get more information with a detailed notice at www.overchargedforpork.com or by calling toll free 1-877-777-9594.
What is this Lawsuit About ?
The Indirect Buyers Plaintiffs allege that the Defendants and their co-conspirators conspired and combined to fix, increase, maintain and stabilize the price of the Pig, effective January 1, 2009, with the purpose and expected result of increasing the prices of the Pig. Pork in the United States, in violation of federal and state antitrust and consumer protection laws. JBS denies doing anything wrong. The Court did not decide which side was right, but both agreed to reach a Settlement Agreement to resolve the case and obtain benefits for the Class Settlement Class. The case is still being pursued on behalf of the Indirect Buyer Plaintiffs against other Defendants who may be subject to independent collective certification settlements, judgments or orders.
What does the Agreement provide ?
Under the terms of the Settlement Agreement, JBS will pay $ 20,000,000to resolve the Class Settlement Class claims against you in this lawsuit against JBS. In addition to the monetary benefit, JBS has also agreed to provide specific assistance in the ongoing prosecution of Indirect Buyer Plaintiffs in the litigation. No money will be distributed yet. The Joint Lead Attorneys will continue to pursue the legal action against the other Defendants. Joint Lead Attorneys may request that the Court award attorneys’ fees and allow reimbursement of some litigation costs and expenses. If that request is made at this time, it will be submitted at least fourteen days before the deadline to object and posted on the website www.overchargedforpork.com at that moment. The Joint Senior Attorneys believe that the total amount of professional fees requested will not exceed 33.3% of the Settlement Fund or $ 6,666,666.66 , and the total amount of expenses requested will not exceed $ 350,000 . All Settlement Funds remaining after payment of court-ordered attorneys’ fees, costs, and expenses will be distributed at the conclusion of the court action or as ordered by the Court.
What are your Rights and Options ?
You do not have to do anything to remain a member of the Class Settlement Class and be bound by the Settlement. As a Class Member of the Class Settlement, you may participate in (or exclude yourself from) any future settlements or judgments that Indirect Buyer Plaintiffs obtain against other Defendants in the case. If you do not want to be legally bound by the Settlement, you must exclude yourself by October 20, 2021, otherwise you will not be able to sue or continue suing JBS 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 Class Settlement Class, you may still object to the Settlement before October 20, 2021. The detailed notice explains how to exclude yourself or how to object. Details can also be found on the Frequently Asked Questions page of the Settlement website. The Court will hold a hearing in this case (In re Pork Antitrust Litigation (Indirect Purchaser Actions) , Case No. 0: 18-cv-01776 [D. Minn.]) On November 29, 2021 , to consider whether or not to approve the Settlement Agreement. You may ask to speak at the hearing, but you do not have to.
To be eligible to receive a Settlement payment, you must submit a valid Claim Form. You can submit the Claim Form online or by email. Both options are available on the website www.overchargedforpork.com .
The date and time of the hearing and the deadlines are subject to change. Updates will be reported on the website www.overchargedforpork.com .
This notice is only a summary. More details about the Settlement can be found at www.overchargedforpork.com or by calling toll free 1-877-777-9594. We ask that you do not contact the Court.