IN RE PORK ANTITRUST LITIGATION

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Commercial and Institutional Indirect Purchaser Plaintiffs (“CIIPPs”)1 entered into
a Settlement Agreement (the “Settlement”) with Defendants Tyson Foods, Inc., Tyson
Fresh Meats, Inc., and Tyson Prepared Foods, Inc. (collectively, “Tyson”). 	The Court
previously granted preliminary approval of the proposed Settlement. In re Pork Antitrust
Litig., Civ. No. 18-1776, 2026 WL 1113697 (D. Minn. Apr. 24, 2026) (“Preliminary Approval
Order”). 	CIIPPs now move for final approval of the Settlement and for entry of final
judgment. (Mot., June 30, 2026, Docket No. 3419.)
1 The current CIIPP representative plaintiffs are Sandee’s Bakery; Francis T. Enterprises
d/b/a Erbert & Gerbert’s; Joe Lopez, d/b/a Joe’s Steak and Leaf; Longhorn’s Steakhouse; The
Grady Corporation; Mcmjoynt LLC d/b/a The Breakfast Joynt; Edley’s Restaurant Group, LLC; Basil
Mt. Pleasant, LLC; Basil Charlotte, Inc.; Farah’s Courtyard Deli, Inc.; and Tri-Ten LLC.
IN RE PORK ANTITRUST LITIGATION
This Document Relates To:
COMMERCIAL AND INSTITUTIONAL
INDIRECT PURCHASER PLAINTIFF ACTION
Civil No. 18-1776 (JRT/JFD)
MEMORANDUM OPINION AND ORDER
GRANTING COMMERCIAL AND
INSTITUTIONAL INDIRECT PURCHASER
PLAINTIFFS’ MOTION FOR FINAL
APPROVAL OF THE CLASS ACTION
SETTLEMENT WITH TYSON FOODS, INC.,
TYSON FRESH MEATS, INC., AND TYSON
PREPARED FOODS, INC. AND ENTRY OF
FINAL JUDGMENT
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The Court, having reviewed the CIIPPs’ motion, its accompanying memorandum,
and the exhibits thereto, the Settlement Agreement, all papers filed, and after hearing
the arguments of counsel, will grant the CIIPPs’ motion pursuant to Federal Rule of Civil
Procedure 23(e) because it is fair, reasonable, and adequate to the Certified Classes.2 The
Court further notes that notice was provided to the potential Certified Class members
pursuant to the notice plan approved by the Court in its Preliminary Approval Order. The
Court held a fairness hearing on October 1, 2026. No Certified Class member objected to
the Settlement, and none appeared at the fairness hearing to oppose approval of, or
object to, the Settlement.
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that the Commercial and Institutional Indirect Purchaser Plaintiffs’
Motion for Final Approval of the Class Action Settlement with Tyson Foods, Inc., Tyson
Fresh Meats, Inc., and Tyson Prepared Foods, Inc. and Entry of Final Judgment (Docket
No. [3419]) is GRANTED, and the Court further hereby FINDS AND ORDERS:
1. 	The Court has jurisdiction over the subject matter of this litigation, including
the actions within this litigation, and over the parties to the Settlement
2 Unless otherwise set forth herein, defined terms in this Order shall have the same
meaning ascribed to them in the Settlement Agreement between CIIPPs and Tyson. 	(Decl. of
Shawn M. Raiter, Ex. A (“Settlement Agreement”), Jan. 27, 2026, Docket No. 3285.) The Certified
Classes are defined as set forth in the Court’s prior Order. In re Pork, 2026 WL 1113697 at *1.
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Agreement, 	including 	all 	members 	of 	the 	Settlement 	Classes, 	and 	all
Defendants.
2. 	The Court adopts and incorporates herein all findings made in its Preliminary
Approval Order.
3. 	The Settlement is fair and reasonable and is a fair compromise of the CIIPPs’
claims. 	In reaching this conclusion, the Court considered the complexity,
expense, and likely duration of the litigation, the Class’s reaction to the
Settlement, and the result achieved.
4. 	The Settlement Agreement was attained following extensive discovery and
litigation. 	It resulted from vigorous arm’s-length negotiations, which were
undertaken in good faith by counsel with significant experience litigating
antitrust class actions and with the assistance of an experienced mediator.
5. 	Pursuant to Federal Rule of Civil Procedure 23, the Court previously determined
that the following classes be certified:
Injunctive Class: All entities that indirectly purchased uncooked
pork bacon, or one or more of the following types of raw pork,
whether fresh or frozen: loins, shoulder, ribs, hams, or pork chops
from 	defendants 	or 	co-conspirators 	for 	their 	own 	use 	in
commercial food preparation in the United States from June 28,
2014 to June 30, 2018. 	For this lawsuit, pork excludes any
product that is marketed as organic and/or no antibiotics ever
and any product other than bacon that is marinated, seasoned,
flavored, or breaded, but it includes uncooked and cooked ham
water added products.
Damages Class: All entities that indirectly purchased uncooked
pork bacon, or one or more of the following types of raw pork,
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whether fresh or frozen: loins, shoulder, ribs, hams, or pork chops
from 	defendants 	or 	co-conspirators 	for 	their 	own 	use 	in
commercial food preparation in the Repealer Jurisdictions3 from
June 28, 2014 to June 30, 2018. For this lawsuit, pork excludes
any product that is marketed as organic and/or no antibiotics
ever and any product other than bacon that is marinated,
seasoned, flavored, or breaded, but it includes uncooked and
cooked ham water added products.4
The Court adopts those same definitions for the Settlement Classes.
6. 	The Court further finds that the prerequisites to a class action under Rule 23
are satisfied for settlement purposes in that: (a) there are thousands of
geographically dispersed class members, making joinder of all members
impracticable; (b) there are questions of law and fact common to the class that
predominate over individual issues; (c) the claims or defenses of the Plaintiffs
3 “Repealer Jurisdictions” are those states that have “repealed” the Supreme Court’s
holding in Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), and provide standing to indirect
purchasers. 	Those jurisdictions include Arkansas, Arizona, California, District of Columbia,
Florida, 	Illinois, 	Iowa, 	Kansas, 	Maine, 	Massachusetts, 	Michigan, 	Minnesota, 	Mississippi,
Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota,
Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia,
and Wisconsin. 	The class period for Kansas, Massachusetts, Mississippi, South Carolina, and
Tennessee class members is from June 28, 2015.
4 Excluded from the classes are: Natural persons who purchased pork for their personal
use and not for commercial food preparation (End-User Consumers); purchases of pork directly
from Defendants; purchases of pork for resale in unaltered form; purchases of pork from an
intermediary who has further processed the pork; the Defendants; the officers, directors or
employees of any Defendant; any entity in which any Defendant has a controlling interest; and
any 	affiliate, 	legal representative, heir or assign 	of any Defendant; 	any federal, 	state
governmental entities, any judicial officer presiding over this action and the members of his/her
immediate family and judicial staff, any juror assigned to this action; and any coconspirator
identified in this action.
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are typical of the claims or defenses of the Settlement Classes; (d) the Plaintiffs
will fairly and adequately protect the interests of the Settlement Classes, and
have retained counsel experienced in antitrust class action litigation who have,
and will continue to, adequately represent the Settlement Classes; (e) common
issues of law and fact predominate; and (f) a class action is superior to
individual actions.
7. 	All Settlement Class members are members of the nationwide Injunctive Class.
Only Settlement Class members in the following jurisdictions (“Repealer
Jurisdictions”) are eligible to potentially recover money from the settlement
funds available in the Damages Class: Arkansas, Arizona, California, District of
Columbia, Florida, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan,
Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New
York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina,
South Dakota, Tennessee, Utah, Vermont, West Virginia and/or Wisconsin. The
class period for Kansas, Massachusetts, Mississippi, South Carolina, and
Tennessee class members begins June 28, 2015.
8. 	Pursuant to Federal Rule of Civil Procedure 23(g), Co-Lead Counsel previously
appointed by the Court are appointed as Class Counsel for the Settlement
Classes as they have and will fairly and competently represent the interests of
the Settlement Classes. 	The current CIIPP representative plaintiffs Sandee’s
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Bakery; Francis T. Enterprises d/b/a Erbert & Gerbert’s; Joe Lopez, d/b/a Joe’s
Steak and Leaf; Longhorn’s Steakhouse; The Grady Corporation; Mcmjoynt LLC
d/b/a The Breakfast Joynt; Edley’s Restaurant Group, LLC; Basil Mt. Pleasant,
LLC; Basil Charlotte, Inc.; Farah’s Courtyard Deli, Inc.; and Tri-Ten LLC are
appointed representatives of the Settlement Classes.
9. 	The Escrow Account, into which Tyson has deposited a total of $48,000,000.00
as the settlement amount, plus accrued interest thereon, is approved as a
Qualified Settlement Fund pursuant to Internal Revenue Code Section 468B
and the Treasury Regulations promulgated thereunder.
10. 	This Court hereby DISMISSES on the merits and with prejudice all Claims in the
CIIPP action against Tyson, with each party to bear its own costs and fees,
including attorneys’ fees, except as provided in the Settlement Agreement.
11. 	The Release in the Settlement Agreement is incorporated herein and the
Releasing Parties shall, by operation of law, be deemed to have released all
Tyson Released Parties from the Released Claims. All entities who are Releasing
Parties or who purport to assert claims on behalf of the Releasing Parties are
hereby and forever barred and enjoined from commencing, prosecuting, or
continuing, against the Tyson Released Parties, in this or any other jurisdiction,
any and all claims, causes of action or lawsuits, which they had, have, or in the
future may have, arising out of or related to any of the Released Claims.
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12. 	The Tyson Released Parties are hereby and forever released and discharged
with respect to any and all claims or causes of action which the Releasing
Parties had, have, or in the future may have, arising out of or related to any of
the Released Claims.
13. 	The notice given to the Settlement Classes, including individual notice to all
members 	of 	the 	Settlement 	Classes 	who 	could 	be 	identified 	through
reasonable 	effort, 	was 	the 	most 	effective 	and 	practicable 	under 	the
circumstances. 	This 	notice 	provided 	due 	and 	sufficient 	notice 	of 	the
proceedings and of the matters set forth therein, including the proposed
settlement, to all persons entitled to such notice, and this notice fully satisfied
the requirements of Rules 23(c)(2) and 23(e)(1) of the Federal Rules of Civil
Procedure and the requirements of due process.
14. 	No members of the Settlement Classes have objected to the Settlement and no
members of the Certified Classes previously requested exclusion from those
classes.
15. 	All members of the Settlement Classes are now subject to and bound by the
provisions of the Settlement Agreement, the Released Claims contained
therein, and this Order with respect to all Released Claims, regardless of
whether such Settlement Class members seek or obtain any distribution from
the Settlement Fund.
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16. 	Without affecting the finality of this Final Judgment in any way, this Court
hereby retains continuing exclusive jurisdiction over: (a) consummation,
administration and implementation of the Settlement Agreement and any
allocation or distribution to Settlement Class members pursuant to further
orders of this Court; (b) disposition of the Settlement Fund; (c) hearing and
determining applications by Plaintiffs for attorneys’ fees, costs, expenses, and
interest; (d) the actions in this litigation until the Final Judgment has become
effective and each and every act agreed to be performed by the parties all have
been performed pursuant to the Settlement Agreement; (e) hearing and ruling
on any matters relating to any plan of allocation or distribution of proceeds
from the Settlement; (f) the parties to the Settlement Agreement for the
purpose of enforcing and administering the Settlement Agreement and the
releases contemplated by, or executed in connection with the Settlement
Agreement; (g) the enforcement of this Final Judgment; and (h) over any suit,
action, proceeding, or dispute arising out of or relating to the Settlement
Agreement or the applicability of the Settlement Agreement, that cannot be
resolved by negotiation and agreement.
17. 	Tyson has served upon the appropriate state officials and the appropriate
federal official notice under the Class Action Fairness Act, 28 U.S.C. § 1715
(“CAFA”).
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18. 	The Court finds, pursuant to Rules 54(a) and (b) of the Federal Rules of Civil
Procedure, that final judgment should be entered and that there is no just
reason for delay in the entry of final judgment as to the parties to the
Settlement Agreement.
LET JUDGMENT BE ENTERED ACCORDINGLY.
DATED: October 8, 2026 	_____/s/ John R. Tunheim_____
at Minneapolis, Minnesota. 	JOHN R. TUNHEIM
United States District Judge
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