IN RE PORK ANTITRUST LITIGATION

0:18-cv-01776MndApr 3, 2026

Full text

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
On December 15, 2025, the Direct Purchaser Plaintiffs (“DPPs”) filed a motion
seeking the Court’s approval of a second distribution to qualified class member claimants.
(Docket No. 3241.) 	DPPs’ motion and the plan of distribution have been prepared
pursuant to the terms and conditions of the underlying settlement agreements.1 	The
Court, 	having 	reviewed 	DPPs’ 	motion, 	the 	concurrently 	filed 	memorandum 	and
supporting declarations, and all other evidence and arguments presented, will grant the
motion.
1 Settlement Agreement between DPPs and JBS (Docket No. 543-1); Settlement
Agreement between DPPs and Smithfield (Docket No. 831-2); Settlement Agreement between
DPPs and Seaboard (Docket No. 1936-1); Settlement Agreement between DPPs and Hormel
Foods (Docket No. 2179-1); Settlement Agreement between DPPs and Tyson (Docket No. 2945-
1); Settlement Agreement between DPPs and Clemens (Docket No. 2945-2); and Settlement
Agreement between DPPs and Triumph (Docket No 2945-3). Full names of each of the settling
parties may be found in the corresponding agreements.
IN RE PORK ANTITRUST LITIGATION
This Document Relates To:
THE DIRECT PURCHASER PLAINTIFF CLASS
ACTION
Civil No. 18-1776 (JRT/JFD)
ORDER GRANTING DIRECT PURCHASER
PLAINTIFFS’ MOTION FOR SECOND
DISTRIBUTION OF NET SETTLEMENT
PROCEEDS
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The Court granted final approval of the DPPs’ Settlement with JBS on July 26, 2021
(Docket No. 838) and the DPPs’ Settlement with Smithfield on January 31, 2022 (Docket
No. 1154). Smithfield and JBS paid a total of $101,864,300.00 into the Settlement Fund.
(Status Report at 2 n.1, Mar. 15, 2024, Docket No. 2144.) A first distribution of proceeds
from the DPPs’ settlements with JBS and Smithfield to qualified claimants was approved
and ordered by the Court on August 25, 2023. (See Docket No. 2015.) Certain funds from
the first distribution were earmarked for redistribution. (See Order Granting DPPs’ Mot.
Redistribution of Net Settlement Proceeds, Apr. 25, 2024, Docket No. 2204.) The amount
to be approved for redistribution now equals $8,599,318.76 (Declaration of Michael H.
Pearson (“Pearson Decl.”) ¶ 5, Dec. 15, 2025, Docket No. 3244.), and the Court will
approve distribution of that amount to qualified claimants pro rata.
The Court granted final approval of the DPPs’ Settlement with Seaboard on March
5, 2024 (Docket No. 2137); the DPPs’ Settlement with Hormel Foods on October 3, 2024
(Docket No. 2618); and the DPPs’ Settlements with Tyson, Clemens, and Triumph on
August 13, 2025 (Docket No. 3129). The Seaboard, Hormel Foods, Tyson, Clemens, and
Triumph Defendants have paid a total of $78,606,000.00. (Pearson Decl. ¶ 6.) The term
“Net Settlement Fund” refers to the settlement proceeds paid in these settlements plus
accrued interest and minus (i) the costs of settlement administration and escrow, (ii)
taxes, and (iii) the attorneys’ fees, litigation expenses, and class representative incentive
awards 	previously 	awarded 	by 	the 	Court. 	The 	Net 	Settlement 	Fund 	equals
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$51,761,176.57, as set forth in Exhibit 1 of the Pearson Declaration (Docket No. 3244-1),
and the Court will authorize pro rata distribution of the Net Settlement Funds to all
qualified claimants, including late claims that are otherwise valid.
The Court appointed A.B. Data as the Claims Administrator for each settlement.
(For Tyson, Clemens, and Triumph, see Order of Apr. 28, 2025, Docket No. 2959; for
Hormel see Order of May 6, 2024, Docket No. 2218; for Seaboard see Order of Aug. 25,
2023, Docket No. 2014; for Smithfield see Orders of Aug. 4, 2021 and Aug. 5, 2021 Docket
Nos. 868, 870; and for JBS see Order of Jan. 13, 2021, Docket No. 631.) The Court has
reviewed the claims review process carried out by A.B. Data, its previously incurred costs
and expenses, and its estimate for its remaining work to the completion of final
distribution; and the Court will approve the payment of A.B. Data from the Settlement
Fund.
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that Direct Purchaser Plaintiffs’ Motion for Second Distribution of Net
Settlement Proceeds (Docket No. [3241]) is GRANTED as follows:
1. 	The Court has jurisdiction over the subject matter of this litigation, including
the actions within this litigation, and over the parties to the relevant settlement
agreements 	(“Settlement 	Agreements”), 	including 	all 	members 	of 	the
Settlement Classes (also referred to herein as the “Class”), each as defined in
the relevant settlement agreements.
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2. 	The amount approved for redistribution from DPPs’ settlements with JBS and
Smithfield now equals $8,599,318.76 and is approved for distribution to
qualified claimants pro rata.
3. 	The Court finds that the Net Settlement Fund equals $51,761,176.57 and is
properly accounted for as set forth in Exhibit 1 of the Declaration of Michael H.
Pearson (Dec. 15, 2025, Docket No. 3244-1). The Court hereby authorizes pro
rata distribution of the Net Settlement Funds to all qualified claimants,
including claimants with late claims that are otherwise valid. 	All ineligible
claims are hereby denied.
4. 	The Court finds that the claims review process carried out by A.B. Data as the
Claims Administrator was fair, adequate and reasonable, providing a full and
fair opportunity for potential Class members to submit or supplement a valid
claim. 	The Court further finds that A.B. Data has carried out the claims
administration process in a reasonable manner and consistent with orders of
the Court. 	A.B. Data has offered claimants reasonable notice of claim
deficiencies and an opportunity to cure them.
5. 	The Claims Administrator incurred a total of $493,193.82 in costs and expenses
in administering the Settlements, processing and auditing claims, and related
expenses. 	The Court finds that these costs and expenses were reasonably
incurred in the ordinary course of administering the Settlements and were
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necessary given the nature and scope of the case. 	Based on A.B. Data’s
extensive experience, the Court finds that its estimate that its remaining work
to the completion of final distribution will cost $84,067.89 is reasonable.
Accordingly, the Court approves the payment of any remaining balance due to
A.B. Data from the Settlement Fund.
6. 	Counsel for DPPs shall file a report 150 days after payments are sent advising
the Court of the status of the distribution and proposing a plan for any funds
remaining.
7. 	The 	Court 	retains 	continuing 	jurisdiction 	over 	the 	administration 	and
distribution of the settlement proceeds.
DATED: April 3, 2026 	____/s/ John R. Tunheim ____
at Minneapolis, Minnesota. 	JOHN R. TUNHEIM
United States District Judge
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