IN RE PORK ANTITRUST LITIGATION

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
On March 25, 2025, the Court issued an Order in both the above-captioned cases
granting motions by Defendants JBS USA Food Company, JBS Packerland, Inc., Swift Beef
Company, and JBS S.A. (collectively “JBS”) to enforce a settlement with Plaintiff Sysco
Corporation (“Sysco”) and to dismiss Sysco’s claims against JBS. 	(Mem Op. & Order
Adopting R&R; Civil No. 18-1776, Docket No. 2925; Civil No. 22-3031, Docket No. 1222;
March 25, 2025.) On March 20, 2026, in view of a recent Seventh Circuit decision,1 JBS,
Sysco, and Carina Ventures LLC 2 filed a letter in both of the above-captioned cases
1 In re Broiler Chicken Antitrust Litig., 167 F.4th 430 (7th Cir. 2026).
2 Sysco assigned its claims to Carina Ventures LLC as a result of a settlement between
Sysco and its litigation funder, Burford Capital Limited. See id. at 436–37.
IN RE PORK ANTITRUST LITIGATION
IN 	RE 	CATTLE 	AND 	BEEF 	ANTITRUST
LITIGATION
This Document Relates To:
Sysco Corp. v. Agri Stats, Inc. et al., Civil
No. 21-1374; and Sysco Corp. v. Cargill
Inc. et al., Civil No. 22-1750
Civil No. 18-1776 (JRT/JFD)
Civil No. 22-3031 (JRT/JFD)
ORDER GRANTING REQUEST FOR LEAVE
TO FILE MOTION FOR
RECONSIDERATION
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requesting leave to file a motion for reconsideration of the March 25, 2025 Order under
Local Rule 7.1(j). (Civil No. 18-1776, Docket No. 3330; Civil No. 22-3031, Docket No. 1548.)
Under the Local Rules, after demonstrating compelling circumstances, a party may
file a motion to reconsider with the permission of the Court. D. Minn. LR 7.1(j). Motions
to reconsider “serve a limited function: to correct manifest errors of law or fact or to
present newly discovered evidence.” Hagerman v. Yukon Energy Corp., 839 F.2d 407, 414
(8 th Cir. 1988) (quotation and citation omitted). 	A motion to reconsider should not be
employed to relitigate old issues, but to “afford an opportunity for relief in extraordinary
circumstances.” 	Dale & Selby Superette & Deli v. United States Dept. of Agric., 838 F.
Supp. 1346, 1348 (D. Minn. 1993); see also Broadway v. Norris, 193 F.3d 987, 990 (8th Cir.
1999).
The Court will grant the request to file a motion for reconsideration. 	The Court
based its prior decision on issue preclusion and Minnesota contract law. The decision in
Broiler Chicken having been reversed, issue preclusion is no longer applicable. The Court
will, therefore, grant the request to allow the parties to brief whether, under Minnesota
law, as a matter of law, JBS and Sysco entered into an enforceable agreement.3
In their briefing, the parties should also define the specific relief requested if the
Court should decide to vacate its prior Order.
3 The Seventh Circuit, applying Illinois law, concluded that, because JBS and Sysco agreed
“in principle on the most important terms but not all material terms,” the settlement agreement
was not enforceable. In re Broiler Chicken, 167 F.4th at 444.
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ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1. 	Defendants JBS USA Food Company, JBS Packerland, Inc., Swift Beef Company,
and JBS S.A. (collectively “JBS”), Plaintiff Sysco Corporation (“Sysco”), and
Carina Venture LLC’s Request for Leave to File a Motion for Reconsideration
(Civil No. 18-1776, Docket No. [3330]; Civil No. 22-3031, Docket No. [1548]) is
GRANTED;
2. 	The parties shall file a motion for reconsideration and a memorandum in
support no later April 21, 2026, addressing whether, under Minnesota law, as
a matter of law, JBS and Sysco entered into an enforceable agreement;
3. 	If any party wishes to file a memorandum in opposition to that motion, such
party shall notify the Court no later than April 22, 2026, and shall file such
memorandum no later than May 5, 2026;
4. 	The parties shall follow the page limits and/or word count requirements and
filing procedures in accordance with the Local Rules.
DATED: April 6, 2026
at Minneapolis, Minnesota. 	JOHN R. TUNHEIM
United States District Judge
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