1. What is this lawsuit about?

    This class action is called Sandee’s Catering, et al. v. Agri Stats, Inc. et al., (Institutional Indirect Purchaser Actions), Case No. 1:20-cv-02295 and is pending in the United States District Court for the Northern District of Illinois. United States District Court Judge Virginia M. Kendall is overseeing this class action. Commercial and Institutional Indirect Purchaser Plaintiffs allege that Defendants and their co-conspirators conspired and combined to fix, raise, maintain, and stabilize the price of Turkey products, from January 1, 2010, to January 1, 2017, with the intent and expected result of increasing prices of Turkey products in the United States and its territories, in violation of federal antitrust laws and various state antitrust, consumer protection, and unjust enrichment laws.

    The Defendants and co-conspirators named in the Commercial and Institutional Indirect Purchaser Plaintiffs’ Second Amended Class Action Complaint are producers of Turkey products in the United States and its territories. In this notice, “Settling Defendants” refers Tyson Foods, Inc., Tyson Fresh Meats, Inc., Tyson Prepared Foods, Inc. and the Hillshire Brands Company (collectively “Tyson”).

    Commercial and Institutional Indirect Purchaser Plaintiffs have reached the Settlement with Tyson. However, Commercial and Institutional Indirect Purchaser Plaintiffs’ case is still proceeding against other Defendants. Those other Defendants may be subject to separate settlements, judgments, or class certification orders. If applicable, you will receive a separate notice regarding the progress of the litigation and any resolution of claims against the other Defendants.

    Tyson has denied all allegations of wrongdoing in this lawsuit and would allege numerous defenses to Plaintiffs’ claims if the case against it were to proceed..

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  2. Why is the lawsuit a class action?

    In a class action lawsuit, one or more people or businesses called class representatives sue on behalf of others who have similar claims, all of whom together are a “class.” Individual class members do not have to file a lawsuit to participate in the class action settlement, or be bound by the judgment in the class action. One court resolves the issues for everyone in the class, except for those who exclude themselves from the class. The class representatives in this case are Plaintiffs Sandee’s Bakery d/b/a Sandee’s Catering Bakery & Deli and Gnemi, LLC d/b/a/ Logan Farms.

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  3. Why is there a Settlement?

    The Court did not decide in favor of Commercial and Institutional Indirect Purchaser Plaintiffs or Tyson. Commercial and Institutional Indirect Purchaser Plaintiffs believe they may have won at trial and possibly obtained a greater recovery. Tyson believes Commercial and Institutional Indirect Purchaser Plaintiffs may not have succeeded at class certification or won at a trial. But litigation involves risks to both sides, and therefore Commercial and Institutional Indirect Purchaser Plaintiffs and Tyson have agreed to the Settlement. The Settlement requires Tyson to pay money, as well as provide specified cooperation in the Commercial and Institutional Indirect Purchaser Plaintiffs’ continued prosecution of the litigation. Commercial and Institutional Indirect Purchaser Plaintiffs and their attorneys believe the Settlement is in the best interests of all Settlement Class members.

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  4. What if I received previous communications regarding this lawsuit?

    You may have received other communications regarding this lawsuit, including solicitations by other attorneys seeking to represent you as a plaintiff in an individual (or “direct action”) lawsuit against Defendants. These communications were not approved by the Court and did not come from Court-appointed Settlement Class Counsel. You should carefully review the Notice, this website and your rights as a potential member of the Settlement Class before deciding whether to opt out or stay in the Settlement Class.

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  5. How do I know if I am part of the Settlement?

    The Court decided that, for settlement purposes, members of the Settlement Class are defined as:

    All commercial and institutional purchasers in the United States and its territories that purchased turkey, once or more, other than directly from Defendants, entities owned or controlled by Defendants, or other producers of turkey, from January 1, 2010, to January 1, 2017. Excluded from the Nationwide Class are the Court and its personnel, and any Defendants and their parents or subsidiary companies.

    While this Settlement is only with Tyson at this time, the Settlement Class includes all commercial and institutional purchasers of Turkey products (as defined below in FAQ 6) who purchased the products other than directly from Defendants, entities owned or controlled by Defendants, or other producers of Turkey products. 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.

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  6. What Turkey products are included in the Settlement?

    For purposes of the Settlement, “Turkey” means turkey meat, which may be sold in a variety of forms, including fresh or frozen, ground or parts, and raw or cooked. “Turkey” includes, but is not limited to, the following products:

    breasts, wings, drums, legs, thighs, tenderloins, necks, tails, gizzards, feet, trim, tenders, mechanically separated turkey (“MST”), ground turkey, and further processed and value added turkey products. Turkey includes, but is not limited to, products containing turkey such as lunch meat, deli meat, sausage, franks, bacon, and corn dogs.

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  7. Are there exceptions to being included in the Settlement?

    Yes. Specifically excluded from the Nationwide Settlement Class are the Court and its personnel, and any Defendants and their parent or subsidiary companies.

    If you are in one of these categories, you are not a member of the Settlement Class and not eligible to participate in the Settlement.

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  8. What if I am still not sure whether I am part of the Settlement?

    If you are still not sure if you are included, please review the detailed information contained in the Settlement Agreement or call the Settlement Administrator toll-free at 1-800-403-3089.

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  9. What does the Settlement with Tyson provide?

    If the Settlement is approved, Tyson will pay $1,750,000 to resolve all Settlement Class members’ claims against Tyson for the Released Claims (as defined in the Settlement Agreement). In addition to this monetary benefit, Tyson has also agreed to provide specified cooperation in the Commercial and Institutional Indirect Purchaser Plaintiffs’ continued prosecution of the litigation.

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  10. What are the Settlement benefits being used for?

    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 service awards for the class representatives. See FAQ 20 for more information regarding Settlement Class Counsel’s attorneys’ fees, costs, expenses, future expense set-aside, and class representative service awards. All Settlement funds that remain after payment of the Court ordered attorneys’ fees, costs, expenses, future expense set-aside, 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.

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  11. What am I giving up by staying the in the Settlement Class?

    Unless you exclude yourself, you are staying in the Settlement Class, which means that you cannot sue, continue to sue, or be part of any other lawsuit against Settling Defendants that pertains to the Released Claims (as defined in the Settlement Agreement).

    It also means that all of the Court’s orders will apply to you and legally bind you.

    You are not releasing your claims against any Defendant other than the Settling Defendants by staying in the Settlement Class.

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  12. What are the Released Claims?

    The Settlement Agreement in paragraph 14 (titled “Release”) describes these “Released Claims” and the “Released Parties” in necessary legal terminology, so read this section carefully. The Settlement Agreement is available here or in the public court records on file in this lawsuit. For questions regarding the Releases or what they mean, you can also contact one of the lawyers listed in FAQ 19 for free, or you can talk to your own lawyer at your own expense.

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  13. What happens if I do nothing at all?

    If you do nothing, you will remain a member of the Settlement Class and participate in this Settlement if you submit a valid Claim Form, if required, when that option is available at a later date. You will also have the opportunity 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.

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  14. How do I exclude myself from the Settlement with Tyson?

    If you do not want the benefits offered by the Settlement and you do not want to be legally bound by the terms of the Settlement, or if you wish to pursue your own separate lawsuit against the Settling Defendants, you must exclude yourself by submitting a written request to the Settlement Administrator stating your intent to exclude yourself from the Settlement Class (an “Exclusion Request”). Your Exclusion Request must include the following:

    1. Your name and address;
    2. A statement that you want to be excluded from the Settlement Class in Turkey Commercial and Institutional Indirect Purchaser Litigation; and
    3. Your signature

    You must mail your Exclusion Request, postmarked by January 4, 2022, to:

    Turkey Commercial and Institutional
    Indirect Purchaser Litigation
    Settlement Administrator
    P.O. Box 5560
    Portland, OR 97228-5560

    You cannot request exclusion via phone, email or on this website.

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  15. If I exclude myself, can I still get anything from the Settlement with Tyson?

    No. If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement with Tyson. You can only get settlement benefits from the Settlement with Tyson if you stay in the Settlement and submit a valid Claim Form when that option is available at a later date.

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  16. If I do not exclude myself, can I sue Tyson for the same thing later?

    No. Unless you exclude yourself, you give up the right to sue Tyson for the claims that the Settlement resolves. If you have a pending lawsuit against Tyson, speak to your lawyer for that lawsuit immediately to determine whether you must exclude yourself from this Settlement Class to continue your own lawsuit against Settling Defendants.

    By staying in the lawsuit, you are not releasing your claims in this case against any Defendant other than the Settling Defendants.

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  17. How do I tell the Court that I do not like the Settlement?

    If you are a member of the Settlement Class and have not excluded yourself from the Settlement, you can object to the Settlement if you do not like part or all of it. The Court will consider your views.

    To object, you must send a letter or other written statement saying that you object to the Settlement with Tyson in (Turkey Commercial and Institutional Indirect Purchaser Litigation) and the reasons why you object to the Settlement. If you wish to appear in person to be heard or object to the Settlement Agreement you must submit an appropriate and timely request to appear. Be sure to include your full name, current mailing address, and email address. Your objection must be signed. You may include or attach any documents that you would like the Court to consider. Do not send your written objection to the Court or the judge. Instead, mail the objection to the Settlement Administrator, Settlement Class Counsel, and counsel for Tyson at the addresses listed below. Your objection must be postmarked by January 4, 2022.

    Settlement Administrator: Settlement Class Counsel: Counsel for Tyson:
    Turkey Commercial and Institutional
    Indirect Purchaser Litigation
    Settlement Administrator
    P.O. Box 5560
    Portland, OR 97228-5560
    Blaine Finley
    Cuneo Gilbert & LaDuca, LLP
    4725 Wisconsin Ave. NW
    Suite 200
    Washington, DC 20016

    Sterling Aldridge
    Barrett Law Group, P.A.
    P.O. Box 927
    Lexington, MS 39095
    Tiffany Rider Rohrbaugh
    Axinn, Veltrop & Harkrider LLP
    1901 L St. NW
    Washington, DC 20036
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  18. What is the difference between objecting and excluding myself?

    Objecting is telling the Court that you do not like something about the Settlement. You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you cannot object because the Settlement no longer affects you.

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  19. Do I have a lawyer in this case?

    Yes, the Court has appointed Blaine Finley of Cuneo Gilbert & LaDuca, LLP and Sterling Aldridge of Barrett Law Group, P.A. as Settlement Class Counsel for the Settlement Class. If you wish to remain a member of the Settlement Class, you do not need to hire your own lawyer because Settlement Class Counsel is working on your behalf. If you wish to pursue your own case separate from this one, or if you exclude yourself from the Settlement Class, these lawyers will no longer represent you. You will need to hire your own lawyer if you wish to pursue your own lawsuit against Tyson.

    Blaine Finley
    Cuneo Gilbert & LaDuca, LLP
    4725 Wisconsin Ave. NW
    Suite 200
    Washington, DC 20016
    Sterling Aldridge
    Barrett Law Group, P.A.
    P.O. Box 927
    Lexington, MS 39095
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  20. How will Settlement Class Counsel be paid?

    Settlement Class Counsel intend to ask the Court at a later date in the litigation for attorneys’ fees in relation to possible future settlements based on their services in this litigation, but Settlement Class Counsel does not intend to request an award of attorneys’ fees in relation to this Settlement. In relation to this Settlement, Settlement Class Counsel will request a future expense set-aside not to exceed 50% of the Settlement Fund, net of any past expense reimbursement, class representative service awards, and notice costs. Settlement Class Counsel will ask to be reimbursed for certain expenses already incurred on behalf of the Settlement Class and for future litigation expenses in an amount not to exceed $200,000. Settlement Class Counsel will also seek service awards of up to $5,000 for each putative class representative.

    Any payment to the attorneys or class representatives will be subject to Court approval, and the Court may award less than the requested amount. Any 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 on the Important Documents page of this website. The motion will be posted on the Settlement 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.

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  21. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a hearing to decide whether to approve the Settlement (the “Fairness Hearing”). You may attend and you may ask to speak, but you do not have to. The Court will hold a Fairness Hearing on February 22, 2022, at 1:00 p.m. CT via video conference. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to class members who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the Settlement.

    We do not know how long these decisions will take. The Court may also move the Fairness Hearing to a later date without providing additional notice to the Class. Updates will be posted on this website regarding any changes to the hearing date.

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  22. Do I have to attend to the Fairness Hearing?

    No. Settlement Class Counsel will answer any questions the Court may have. However, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.

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  23. May I speak at the Fairness Hearing?

    Yes. You may ask to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Sandee’s Catering, et al. v. Agri Stats, Inc. et al., (Commercial and Institutional Indirect Purchaser Actions).” Be sure to include your name, current mailing address, telephone number, and signature. Your Notice of Intention to Appear must be postmarked by January 04, 2022, and it must be sent to the Clerk of the Court, Settlement Class Counsel, and counsel for Tyson. The address for the Clerk of the Court is: United States District Court for the Northern District of Illinois, Eastern Division, Dirksen U.S. Courthouse, 219 S. Dearborn Street, Chicago, IL 60604. The addresses for Settlement Class Counsel and counsel for Tyson are provided in FAQ 17. You cannot ask to speak at the hearing if you excluded yourself from the Settlement Class.

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  24. How do I get more information about the Settlement?

    This website summarizes the proposed Settlement. More details are in the Settlement Agreement. You can find a copy of the Settlement Agreement and other important documents on the Important Documents page. If you have additional questions, you may contact the Settlement Administrator at info@TurkeyCommercialCase.com or toll-free at 1-800-403-3089.

    PLEASE DO NOT CONTACT THE COURT, COUNSEL FOR TYSON, OR ANY OF THE DEFENDANT'S FOR ADDITIONAL INFORMATION.

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