To: All persons and entities who or which: (i) within the United States, directly sold to a Defendant one or more fed cattle for slaughter from June 1, 2015 to February 29, 2020 other than pursuant to a Cost-Plus Agreement and/or a Profit Sharing Agreement (the “Producer Class”); and/or (ii) held a long position in Live Cattle Futures traded on the Chicago Mercantile Exchange prior to June 1, 2015, and subsequently liquidated the long position through an offsetting market transaction at any point prior to November 1, 2016 (the “Exchange Class”).
- Deadline to Submit a Claim Form
- Deadline to Exclude yourself from the Cattle-JBS Settlement
- Deadline to Object or Comment on the Cattle-JBS Settlement
- Final Approval Hearing
A “Cost Plus Agreement” means an agreement to purchase fed cattle at a price determined, in all or in part, by applying an agreed mark-up to an accounting of costs incurred by the fed cattle seller in providing finished fed cattle.
A “Profit Sharing Agreement” means an agreement to supply fed cattle to a Defendant pursuant to which the Defendant: (a) financed all or part of the costs incurred by the seller in connection with the seller’s purchase of unfinished cattle and/or the seller’s efforts to finish unfinished cattle to slaughter weight (e.g., feed); and/or (b) agreed to share certain profits or losses of either the seller and/or the Defendant in relation to the cattle to be supplied.
The Notice of Pendency of Class Action, Hearing on Proposed Settlement and Attorneys’ Fees Petition, and Right to Share in Net Settlement Fund (“Notice”) is given pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the District of Minnesota (the “Court”). It is not junk mail, an advertisement, or a solicitation from a lawyer. You have not been sued.
The capitalized terms in these paragraphs, as well as other capitalized terms, are explained or defined below or in the Stipulation and Agreement of Settlement between Cattle Plaintiffs and JBS USA Food Company, Swift Beef Company, JBS Packerland, Inc., and JBS S.A. (the “Stipulation”). The Stipulation and the Court’s Preliminary Approval Order is posted on the Important Documents page.
The purpose of the Notice is to inform you of the settlement (“Cattle-JBS Settlement”) with JBS USA Food Company, Swift Beef Company, JBS Packerland, Inc., and JBS S.A. (collectively, “JBS,” and together with Cattle Plaintiffs, the “Parties”).
Please do not contact the Court regarding the Notice. Inquiries concerning the Notice, the Proof of Claim and Release Form (the “Claim Form”), or any other questions related to the Cattle-JBS Settlement should be directed to:
Cattle Antitrust Settlement
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Phone: 1-844-435-8844
Email: Info@CattleAntitrustSettlement.com
Cattle Plaintiffs allege that the nation’s four largest meat packers (the companies that buy fed cattle, slaughter them, and fabricate them into beef – JBS, Tyson, Cargill, and National Beef) conspired to reduce or eliminate competition among them for the purchase of fed cattle (cattle finished on a high energy ration), thereby artificially reducing the price cattle feeders received for their finished fed cattle. Cattle Plaintiffs allege these actions breach Section 1 of the Sherman Act and the Packers and Stockyards Act.
Cattle Plaintiffs bring a separate, but related, claim under the Commodity Exchange Act, alleging Defendants manipulated the price of exchange-traded Live Cattle contracts through their conduct in the physical market and through their trading on the Chicago Mercantile Exchange.
JBS denies Cattle Plaintiffs’ allegations, denies any and all wrongdoing in connection with the facts and claims that have been or could have been alleged against it in the Action, and asserts that it has a number of valid defenses to Cattle Plaintiffs’ claims.
The Court preliminarily approved the Cattle-JBS Settlement. To resolve all Cattle Plaintiffs’ Released Claims against it, JBS agreed to pay a total of $83.5 million in cash. Settlement Class Members will not, by participating in the Cattle-JBS Settlement, release their claims against non-settling Defendants.
The following table contains a summary of your rights and options regarding the Cattle-JBS Settlement. More detailed information about your rights and options can be found in the Stipulation and Plan of Allocation.