This case was last updated from PACER on 08/03/2021 at 07:33:00 (UTC).

Action Meat Distributors, Inc. et al v. Agri Stats Inc. et al

Case Summary

On June 4, 2021, Action Meat Distributors, Inc, Topco Associates LLC, Alex Lee, Inc., Merchants Distributors, LLC, Associated Food Stores, Inc. and others (collectively, “Plaintiffs”) represented by Eric R. Lifvendahl of L&G Law Group, LLP, filed an antitrust action against Agri Stats Inc., Clemens Food Group, LLC, Clemens Family Corporation, Hormel Foods Corporation, Hormel Foods LLC and others (collectively, “Defendants”), seeking damages along with prejudgment and post-judgment interest among other reliefs for alleged conspiracy to fix, raise, maintain and stabilise the price of pork. This case was filed in the United States District Court in the Northern District of Illinois with Judge Thomas M. Durkin presiding. 

 

In the complaint, the Plaintiff alleged that, “Beginning in at least 2009, Defendant Agri Stats began providing highly sensitive “benchmarking” reports to the Producer Defendants. Benchmarking allows competitors to compare their profits or performance against that of other companies. Yet Agri Stats’ reports are unlike those of lawful industry reports; rather, Agri Stats gathers detailed financial and production data from each of the Producer Defendants and their Co-Conspirator Indiana Packers, standardizes this information, and produces customized reports and graphs for the conspirators. The type of information available in these reports is not the type of information that competitors would provide each other in a normal, competitive market.”

 

The Plaintiff also alleged that, “Defendants and their co-conspirators conspired to fix, raise, maintain and stabilize pork prices. To effectuate and ensure the stability of their anti competitive agreement, the Producer Defendants relied on a unique industry data sharing service provided by Defendant Agri Stats, Inc. Agri Stats provided a means for the Producer Defendants to obtain and monitor critical and competitively sensitive business information regarding each other’s production metrics, thereby serving as a central and critical part of Defendants’ price-fixing scheme, resulting in a stable and successful anticompetitive cartel.”

 

Further, the Plaintiff alleged that, “Defendants and all of their co-conspirators entered into and engaged in a combination or conspiracy in unreasonable restraint of trade in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1” and “Defendants’ anticompetitive acts had a direct, substantial, and foreseeable effect on interstate commerce by raising and fixing prices for pork throughout the United States.”

 

The Plaintiff also alleged that, “Defendants took all of the actions alleged in this Complaint with the knowledge and intended effect that their actions would proximately cause the price of pork to be higher than it would be but for Defendants’ conduct.”

 

There is one claim of relief laid down by the Plaintiff wherein it was alleged that the Defendants and their co-conspirators entered into and engaged in combination or conspiracy in unreasonable restraint of trade in violation of Section 1 of the Sherman Act. 

 

In its prayer for relief, the Plaintiff has requested the Court adjudge and decree that the Defendants’ illegal conspiracy is unlawful and in violation of Section 1 of the Sherman Act; recover damages to the maximum extent allowed under federal antitrust laws along with pre- and post-judgement interest and attorneys’ fee, litigation expense and grant any other relief as the Court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-03002

  • Filing Date:

    06/04/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Antitrust

  • Courthouse:

    Illinois Northern District

Judge Details

Presiding Judge

Thomas M. Durkin

 

Party Details

Plaintiffs

BROOKSHIRE GROCERY COMPANY

Springfield Grocer Company

The Distribution Group, Inc. (d/b/a Van Eerden Foodservice Company)

Certco, Inc.

Nicholas & Co., Inc.

Colorado Boxed Beef Co

Topco Associates LLC

Alex Lee, Inc.

Spartannash Company

Action Meat Distributors, Inc.

Associated Food Stores, Inc.

Defendants

Tyson Foods, Inc.

Seaboard Foods LLC

Hormel Foods Corporation

JBS USA Food Company

Smithfield Foods, Inc.

Clemens Food Group, LLC

Agri Stats Inc.

Tyson Prepared Foods, Inc.

Clemens Family Corporation

9 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

Eric Richard Lifvendahl

Attorney at L&G Law Group LLP

175 W. Jackson Blvd., Suite 950

Chicago, IL 60606

Richard Lyle Coffman

Attorney at The Coffman Law Firm

3355 West Alabama Street, Suite 240

Houston, TX 77098

Ryan Manion

Attorney at L&g Law Group, Llp

175 W. Jackson Blvd., Suite 950

Chicago, IL 60604

 

Court Documents

#23

(#23) TRANSFERRED to the District of Minnesota the electronic record. (gcy, ) (Entered: 06/21/2021)

#21

(#21) STATUS Report by Action Meat Distributors, Inc. (Manion, Ryan) (Entered: 06/14/2021)

#20

(#20) Disclosure and Local Rule 3.2 Notification as to Affiliates STATEMENT by Spartannash Company (Manion, Ryan) (Entered: 06/14/2021)

#19

(#19) Disclosure and Local Rule 3.2 Notification as to Affiliates STATEMENT by The Golub Corporation (Manion, Ryan) (Entered: 06/14/2021)

#17

(#17) Disclosure and Local Rule 3.2 Notification as to Affiliates STATEMENT by Troyer Foods, Inc. (Manion, Ryan) (Entered: 06/14/2021)

#14

No Description Available

#13

No Description Available

#12

No Description Available

#11

No Description Available

#10

No Description Available

#9

(#9) Disclosure and Local Rule 3.2 Notification as to Affiliates STATEMENT by PFD Enterprises, Inc. (Manion, Ryan) (Entered: 06/10/2021)

#7

(#7) DIRECT Action Plaintiff Nicholas & Co., Inc.'s F.R.C.P. 7.1 Corporate Disclosure Statement and Local Rule 3.2 Notifications as to Affiliates. (Manion, Ryan) Modified on 6/10/2021 (ecw, ). (Entered: 06/10/2021)

#6

(#6) MINUTE entry before the Honorable Thomas M. Durkin: Plaintiffs should file a status report by 6/14/2021 stating whether they expect this case to be transferred to the District of Minnesota as related to case no. 18 CV 1776 pending in that district. Mailed notice. (ecw, ) (Entered: 06/08/2021)

#5

(#5) ATTORNEY Appearance for Plaintiff Action Meat Distributors, Inc. by Ryan Manion Corrected Attorney Appearance (Manion, Ryan) (Entered: 06/07/2021)

#4

(#4) ATTORNEY Appearance for Plaintiffs Action Meat Distributors, Inc., Alex Lee, Inc., Associated Food Stores, Inc., BROOKSHIRE GROCERY COMPANY, Certco, Inc., Colorado Boxed Beef Co, Merchants Distributors, LLC, Nicholas & Co., Inc., PFD Enterprises, Inc., Spartannash Company, Springfield Grocer Company, The Distribution Group, Inc. (d/b/a Van Eerden Foodservice Company), The Golub Corporation, Topco Associates LLC, Troyer Foods, Inc., URM Stores, Inc. by Eric Richard Lifvendahl (Lifvendahl, Eric) (Entered: 06/04/2021)

#2

(#2) CIVIL Cover Sheet (Lifvendahl, Eric) (Entered: 06/04/2021)

#1

(#1) COMPLAINT filed by PFD Enterprises, Inc., Certco, Inc., Topco Associates LLC, Action Meat Distributors, Inc., URM Stores, Inc., Springfield Grocer Company, BROOKSHIRE GROCERY COMPANY, Alex Lee, Inc., The Golub Corporation, Spartannash Company, The Distribution Group, Inc. (d/b/a Van Eerden Foodservice Company), Troyer Foods, Inc., Colorado Boxed Beef Co, Associated Food Stores, Inc., Nicholas & Co., Inc., Merchants Distributors, LLC; Jury Demand. Filing fee $ 402, receipt number 0752-18318610.(Lifvendahl, Eric) (Entered: 06/04/2021)

13 More Documents Available
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Docket Entries

  • 06/22/2021
  • DocketELECTRONIC Acknowledgement of case transferred to the U.S. District of Minnesota as case 0:21-cv-01454, filed 06/22/2021. (nsf, ) (Entered: 06/22/2021)

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  • 06/21/2021
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  • Docket(#23) TRANSFERRED to the District of Minnesota the electronic record. (gcy, ) (Entered: 06/21/2021)

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  • 06/21/2021
  • Docket***Civil Case Terminated pursuant to MDL 2998 Conditional Transfer Order filed 6/21/21. (gcy, ) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#22) CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to District of Minnesota. (gcy, ) (Entered: 06/21/2021)

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  • 06/14/2021
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  • Docket(#21) STATUS Report by Action Meat Distributors, Inc. (Manion, Ryan) (Entered: 06/14/2021)

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  • 06/14/2021
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  • Docket(#20) Disclosure and Local Rule 3.2 Notification as to Affiliates STATEMENT by Spartannash Company (Manion, Ryan) (Entered: 06/14/2021)

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  • 06/14/2021
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  • Docket(#19) Disclosure and Local Rule 3.2 Notification as to Affiliates STATEMENT by The Golub Corporation (Manion, Ryan) (Entered: 06/14/2021)

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  • 06/14/2021
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  • Docket(#18) Disclosure and Local Rule 3.2 Notification as to Affiliates STATEMENT by Certco, Inc. (Manion, Ryan) (Entered: 06/14/2021)

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  • 06/14/2021
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  • Docket(#17) Disclosure and Local Rule 3.2 Notification as to Affiliates STATEMENT by Troyer Foods, Inc. (Manion, Ryan) (Entered: 06/14/2021)

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  • 06/14/2021
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  • Docket(#16) Disclosure and Local Rule 3.2 Notification as to Affiliates STATEMENT by Alex Lee, Inc. (Manion, Ryan) (Entered: 06/14/2021)

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6 More Docket Entries
  • 06/10/2021
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  • Docket(#9) Disclosure and Local Rule 3.2 Notification as to Affiliates STATEMENT by PFD Enterprises, Inc. (Manion, Ryan) (Entered: 06/10/2021)

    Read MoreRead Less
  • 06/10/2021
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  • Docket(#8) Disclosure and Local Rule 3.2 Notification as to Affiliates STATEMENT by The Distribution Group, Inc. (d/b/a Van Eerden Foodservice Company) (Manion, Ryan) (Entered: 06/10/2021)

    Read MoreRead Less
  • 06/10/2021
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  • Docket(#7) DIRECT Action Plaintiff Nicholas & Co., Inc.'s F.R.C.P. 7.1 Corporate Disclosure Statement and Local Rule 3.2 Notifications as to Affiliates. (Manion, Ryan) Modified on 6/10/2021 (ecw, ). (Entered: 06/10/2021)

    Read MoreRead Less
  • 06/08/2021
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  • Docket(#6) MINUTE entry before the Honorable Thomas M. Durkin: Plaintiffs should file a status report by 6/14/2021 stating whether they expect this case to be transferred to the District of Minnesota as related to case no. 18 CV 1776 pending in that district. Mailed notice. (ecw, ) (Entered: 06/08/2021)

    Read MoreRead Less
  • 06/07/2021
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  • Docket(#5) ATTORNEY Appearance for Plaintiff Action Meat Distributors, Inc. by Ryan Manion Corrected Attorney Appearance (Manion, Ryan) (Entered: 06/07/2021)

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  • 06/04/2021
  • DocketCASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (sxh, ) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#4) ATTORNEY Appearance for Plaintiffs Action Meat Distributors, Inc., Alex Lee, Inc., Associated Food Stores, Inc., BROOKSHIRE GROCERY COMPANY, Certco, Inc., Colorado Boxed Beef Co, Merchants Distributors, LLC, Nicholas & Co., Inc., PFD Enterprises, Inc., Spartannash Company, Springfield Grocer Company, The Distribution Group, Inc. (d/b/a Van Eerden Foodservice Company), The Golub Corporation, Topco Associates LLC, Troyer Foods, Inc., URM Stores, Inc. by Eric Richard Lifvendahl (Lifvendahl, Eric) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#3) ATTORNEY Appearance for Plaintiffs Action Meat Distributors, Inc., Alex Lee, Inc., Associated Food Stores, Inc., BROOKSHIRE GROCERY COMPANY, Certco, Inc., Colorado Boxed Beef Co, Merchants Distributors, LLC, Nicholas & Co., Inc., PFD Enterprises, Inc., Spartannash Company, Springfield Grocer Company, The Distribution Group, Inc. (d/b/a Van Eerden Foodservice Company), The Golub Corporation, Topco Associates LLC, Troyer Foods, Inc., URM Stores, Inc. by Eric Richard Lifvendahl (Lifvendahl, Eric) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#2) CIVIL Cover Sheet (Lifvendahl, Eric) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#1) COMPLAINT filed by PFD Enterprises, Inc., Certco, Inc., Topco Associates LLC, Action Meat Distributors, Inc., URM Stores, Inc., Springfield Grocer Company, BROOKSHIRE GROCERY COMPANY, Alex Lee, Inc., The Golub Corporation, Spartannash Company, The Distribution Group, Inc. (d/b/a Van Eerden Foodservice Company), Troyer Foods, Inc., Colorado Boxed Beef Co, Associated Food Stores, Inc., Nicholas & Co., Inc., Merchants Distributors, LLC; Jury Demand. Filing fee $ 402, receipt number 0752-18318610.(Lifvendahl, Eric) (Entered: 06/04/2021)

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