# Opinion

> District Court, N.D. California · December 16, 2025

URL: https://www.frixlaw.com/law-library/cases/11227257

## Case

- **Full name:** In re: Broiler Chicken Grower Antitrust Litigation (No. IID)
- **Court:** District Court, N.D. California
- **Decided:** December 16, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

| hereby certify that the annexed is a true and ca
copy ofa document or an electronic docket enti
file at the United States District Court for the Dis
of Utah. 4 Dig,
UNITED STATES JUDICIAL PANEL pene eenaae= oy (i @
on Gary Se □□
MULTIDISTRICT LITIGATION By | 7 / \
Deputy gler □□□ tS
IN RE: BROILER CHICKEN GROWER
ANTITRUST LITIGATION (NO. IID) MDL No. 3167

TRANSFER ORDER

Before the Panel:* Plaintiffs move under 28 U.S.C. § 1407 to centralize this litigation in
the District of Utah. This litigation consists of five actions pending in five districts, as listed on
Schedule A. The parties have notified the Panel of a related action pending in the District of
Delaware.'! Responding defendants’ suggest centralization in the Western District of Arkansas or,
alternatively, the Northern District of Illinois. In their reply, plaintiffs agree that the Northern
District of Illinois would be a suitable alternative transferee district.
The Panel previously granted centralization of substantially similar actions brought by
plaintiffs against different defendants. See Jn re Broiler Chicken Grower Antitrust Litigation (No.
II), MDL No. 2977, 509 F. Supp. 3d 1359 (J.P.M.L. 2020).2 MDL No. 2977 proceeded for nearly

Judge Madeline Cox Arleo did not participate in the decision of this matter.
This and any other related actions are potential tag-along actions. See Panel Rules 1.1(h),
7.1, and 7.2.
Mountaire Farms Inc.; Mountaire Farms of Delaware, Inc.; Peco Foods, Inc.; House Of
Raeford Farms Inc.; House Of Raeford Farms Of Louisiana, LLC; George’s Inc.; George’s
Chicken, LLC; Ozark Mountain Poultry, Inc.; George’s Foods, LLC; George’s Processing, Inc.;
Foster Farms, LLC; Amick Farms, LLC; Case Foods, Inc.; Case Farms Processing, Inc.; Fieldale
Farms Corp.; Mar-Jac Poultry, Inc.; Mar-Jac Poultry MS, LLC; Mar-Jac Poultry AL, LLC; Mar-
Jac Poultry, LLC; Mar-Jac Holdings, Inc.; O.K. Foods, Inc.; Simmons Foods, Inc.; Allen Harim
Foods LLC; Harrison Poultry, Inc.; and Norman W. Fries, Inc. d/b/a Claxton Poultry Farms.
3 In 2018, we denied centralization of two of the MDL No. 2977 actions because, at that
time, the litigation consisted of only two actions, which were brought by the same plaintiffs against
different defendants. See In re Broiler Chicken Grower Antitrust Litig., 325 F. Supp. 3d 1366
(J.P.M.L. 2018). Plaintiffs’ claims initially were brought in a single action in the Eastern District
of Oklahoma, which were before District of Utah Judge Robert J. Shelby, sitting by designation.
Judge Shelby dismissed two groups of defendants on personal jurisdiction and venue grounds,
(continued)

that defendants agreed not to compete for “Broiler Grow-Out Services,” i.e., the services of
farmers (referred to by the parties as Growers) who raise broiler chickens under contracts with
chicken processors such as defendants (called Integrators). Specifically, plaintiffs alleged an
agreement among defendants not to recruit or contract with Growers contracted by another
defendant or co-conspirator. They also challenged as anticompetitive defendants’ submission of
cost information to Agri Stats—a third party—for use in benchmarking reports. All plaintiffs
asserted claims under the Sherman Act and the Packers and Stockyard Act with respect to the
same putative nationwide classes of Growers.
After MDL No. 2977 concluded, plaintiffs filed the Eastern District of Oklahoma
action listed on Schedule A against 26 new Integrator defendants. Soon thereafter,
prompted by plaintiffs’ concerns about the need to ensure personal jurisdiction in the event
of an adverse personal jurisdiction ruling in the Eastern District of Oklahoma, they filed
additional suits against subsets of the same Integrator defendants in other districts.
On the basis of the papers filed and the hearing session held, we find that these
actions involve common questions of fact and that centralization in the District of Utah will
serve the convenience of the parties and witnesses and promote the just and efficient
conduct of this litigation. Like the MDL No. 2977 actions, these actions share factual
questions arising from allegations that defendants agreed not to compete for Broiler Grow-
Out Services. They also challenge as anticompetitive defendants’ submission of cost
information to Agri Stats. Plaintiffs in each action assert the same claims under the Sherman
Act and the Packers and Stockyard Act on behalf of the same putative nationwide classes of
Growers. Centralization will eliminate duplicative discovery; prevent inconsistent pretrial
rulings (including with respect to class certification and evidentiary motion practice); and
conserve the resources of the parties, their counsel, and the judiciary.
We find that the District of Utah is the most appropriate transferee district for this
litigation. Judge Shelby has unparallelled familiarity with the claims and issues in this
litigation, as he presided over the related actions comprising MDL No. 2977 for nearly
eight years. We are confident that Judge Shelby will steer this litigation on an efficient and
prudent course.
leading plaintiffs to file the second action against these two defendant groups. We found that
informal cooperation and coordination among the parties and the courts constituted a preferable
alternative to centralization at that time. Id. at 1367.
IT IS THEREFORE ORDERED that the actions listed on Schedule A are transferred to tl
District of Utah and, with the consent of that court, assigned to the Honorable Robert
Shelby, for coordinated or consolidated pretrial proceedings.

PANEL ON MULTIDISTRICT LITIGATION

Karen K. Caldwell
Chair
Nathaniel M. Gorton Matthew F. Kennelly
David C. Norton Roger T. Benitez
Dale A. Kimball

IN RE: BROILER CHICKEN GROWER
ANTITRUST LITIGATION (NO. III) MDL No. 3167
SCHEDULE A

Northern District of California
HAFF POULTRY, INC., ET AL. v. FOSTER FARMS, LLC, C.A. No. 3:25−07996
Northern District of Illinois
HAFF POULTRY, INC., ET AL. v. PECO FOODS INC., ET AL., C.A. No. 1:25−11348
Eastern District of Oklahoma

HAFF POULTRY, INC., ET AL. v. MOUNTAIRE FARMS, INC., ET AL.,
C.A. No. 6:25−00217
District of South Carolina
HAFF POULTRY, INC., ET AL. v. HOUSE OF RAEFORD FARMS INC., ET AL.,
C.A. No. 3:25−12629
Western District of Virginia
HAFF POULTRY, INC., ET AL. v. GEORGE'S INC., ET AL., C.A. No. 5:25−00099

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11227257. Public record. Not legal advice.
