If you purchased boxed or case-ready Beef processed from Fed Cattle for business use in commercial food preparation in the U.S., a class action settlement may affect your rights

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United States District Court for the District of Minnesota

Jun 15, 2023, 09:00 ET

MINNEAPOLIS, June 15, 2023 /PRNewswire/ --

If you purchased boxed or case-ready Beef processed from Fed Cattle, from January 1, 2015, through May 25, 2023, for business use in commercial food preparation in the United States, excluding ground beef made exclusively from culled cows, a class action settlement may affect your rights.

A Settlement has been reached in a class action antitrust lawsuit filed on behalf of Commercial and Institutional Indirect Purchaser Plaintiffs with Defendants JBS USA Food Company, Swift Beef Company, JBS Packerland, Inc. and JBS S.A., and all their predecessors; successors; assigns; affiliates; and any and all past, present, and future parents, owners, subsidiaries, divisions, and departments (collectively "JBS" or "Settling Defendants"). This Settlement only applies to JBS and does not dismiss claims against other Defendants in the case entitled In re Cattle and Beef Antitrust Litigation (Commercial and Institutional Indirect Purchaser Plaintiff Action), Case No. 22-md-3031 (D. Minn.). The Settlement requires JBS to pay $25,000,000. There will be no payments to the Settlement Class at this time. You will be notified later of an opportunity to file a claim. Before any money is paid, the Court will hold a hearing to decide whether to approve the Settlement.

The United States District Court for the District of Minnesota authorized this notice. This Court-ordered notice may affect your rights. Please read this notice carefully.

WHO IS INCLUDED?

For settlement purposes, members of the Settlement Class are defined as all persons and entities who during the Settlement Class Period indirectly purchased for business use in commercial food preparation in the United States, from any of the Defendants or their respective subsidiaries and affiliates, boxed or case-ready Beef processed from Fed Cattle, excluding ground beef made exclusively from culled cows from January 1, 2015, to May 25, 2023.

All Settlement Class members are members of the nationwide class. Only Settlement Class members in the following jurisdictions are eligible to potentially recover money from the settlement funds: Arkansas, Arizona, California, District of Columbia, Florida, Illinois, Iowa, Kansas, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin, and/or any state where a commercial indirect purchaser claim is permissible.

If you are not sure if you are included, you can get more information, including a detailed notice, at www.BeefCommercialCase.com or by calling toll-free 1-888-570-3771.

WHAT IS THIS LAWSUIT ABOUT?

Commercial and Institutional Indirect Purchaser Plaintiffs allege that Defendants and their co-conspirators conspired to limit the supply, and fix the prices, of Beef sold to members of the Settlement Class in the United States from at least January 1, 2015, with the intent and expected result of increasing prices of Beef products in the United States, in violation of federal antitrust laws and various state antitrust, consumer protection and unfair trade practices, and unjust enrichment laws. The Court did not decide which side was right, but both sides agreed to the Settlement to resolve the case. The case is still proceeding on behalf of Commercial and Institutional Indirect Purchaser Plaintiffs against other Defendants who may be subject to separate settlements, judgments, or class certification orders.

WHAT DOES THE SETTLEMENT PROVIDE?

If the Settlement is approved, JBS will pay $25,000,000 to resolve all Settlement Class members' claims against JBS for the Released Claims (as defined in the Settlement Agreement). In addition to this monetary benefit, JBS has also agreed to provide specified cooperation in Commercial and Institutional Indirect Purchaser Plaintiffs' continued prosecution of the litigation. The Settlement Agreement is on the Settlement Website at www.BeefCommercialCase.com.

No money will be distributed at this time. Settlement Class Counsel will continue to pursue the lawsuit against the other Defendants. Settlement Class Counsel may request that the Court award attorneys' fees and permit the reimbursement of certain litigation costs and expenses. Settlement Class Counsel will also seek permission to set aside up to seven percent of the Settlement Fund for future litigation expenses to be used in the continuing lawsuit against the non-settling Defendants and will seek service awards for the class representative. When Settlement Class Counsel's motion for fees, costs, expenses, and service awards is filed, it will be available on the Settlement Website at www.BeefCommercialCase.com. All Settlement funds that remain after payment of the Court-ordered attorneys' fees, costs, expenses, and service awards will be distributed at the conclusion of the lawsuit or as ordered by the Court. You will be notified later, when there is an opportunity to make a claim to receive a payment.

Settlement Class Counsel will ask the Court for attorneys' fees based on their services in this litigation, not to exceed one third of the Settlement Fund net of any expense reimbursement and class representative service awards. Settlement Class Counsel will ask to be reimbursed for certain expenses already incurred on behalf of the Settlement Class in an amount up to $1 million and will also seek permission to set aside up to seven percent of the gross Settlement Fund for future litigation expenses to be used in the continuing lawsuits against the non-settling Defendants. Settlement Class Counsel will also seek service awards of up to $15,000 for each class representative. Any payment to the attorneys or class representative will be subject to Court approval, and the Court may award less than the requested amount. The attorneys' fees, costs, expenses, and service awards that the Court orders, plus the costs to administer the Settlement, will come out of the Settlement Fund. Settlement Class Counsel may seek additional attorneys' fees, costs, expenses, and service awards from any other settlements or recoveries obtained in the future. When Settlement Class Counsel's motion for fees, costs, expenses, and service awards is filed, it will be available at www.BeefCommercialCase.com. The motion will be posted on the website at least 14 days before the deadline for objecting, commenting on, or excluding yourself from the Settlement. You will have an opportunity to comment on this request. All Settlement funds that remain after payment of the Court-ordered attorneys' fees, costs, expenses, and service awards will be distributed at the conclusion of the lawsuit or as ordered by the Court. You will be notified later, if and when there is an opportunity to make a claim to receive a payment.

WHAT ARE YOUR RIGHTS AND OPTIONS?

You do not need to take any action to remain a member of the Settlement Class and be bound by the Settlement Agreement. As a Settlement Class member, you may be able to participate in (or exclude yourself from) any future settlements or judgments obtained by Commercial and Institutional Indirect Purchaser Plaintiffs against other Defendants in the case.

If you do not want to be legally bound by the Settlement Agreement, you must exclude yourself. Your exclusion request must be postmarked by August 14, 2023, or you will not be able to sue or to continue suing the JBS Released Parties 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 Settlement Class, you may object to the Settlement. Your objection must be postmarked by August 14, 2023. The detailed notice explains how to exclude yourself or object. Details may also be found on the FAQs page of the Settlement website at www.BeefCommercialCase.com.

While this Settlement is only with JBS at this time, the Settlement Class includes purchasers of Beef products (as defined in the Settlement Agreement) from Fed Cattle (as defined in the Settlement Agreement) from any of the Defendants or their co-conspirators. If you are a member of the Settlement Class and do not exclude yourself, you may be eligible to participate in (or exclude yourself from) any additional settlements which may arise with any other Defendants in the case.

The Court will hold a hearing in this case In re Cattle and Beef Antitrust Litigation (Commercial and Institutional Indirect Purchaser Plaintiff Action), Case No. 22-md-3031 (D. Minn.) on November 21, 2023, at 10:00 a.m. via video conference, to consider whether to approve the Settlement Agreement. You may ask to speak at the hearing, but you do not have to.

This notice is a summary only. You can find more details about the Settlement at www.BeefCommercialCase.com or by calling toll-free 1-888-570-3771. Do not contact the Court.

SOURCE United States District Court for the District of Minnesota