LINCOLN, NEB. — Nebraska Beef Ltd. has been ordered by a federal judge to produce documents requested in relation to a Minnesota beef price-fixing case, or the company will be found in contempt of court.
JBS filed a subpoena, in which it asked Nebraska Beef to produce information to be used in a case accusing JBS, Tyson Foods, Cargill, Swift Beef Co. and National Beef Packing Co. of conspiring to artificially raise beef prices while paying less than competitive prices for cattle.
JBS looks to use the requested information to see if cattle suppliers treated independent meat processors like Nebraska Beef any differently from JBS. In doing so, JBS hopes to prove its innocence in the price-fixing allegations.
In a motion filed in April 2023, JBS asked the court to enter an order compelling Nebraska Beef to comply with the subpoena after a series of delays and extensions.
Nebraska Beef failed to provide data in response to the subpoena’s request outside of data obtained from the US Department of Agriculture, according to the motion.
“Nebraska Beef has information sufficient to show its contract terms with cattle suppliers,” the document said. “That information is essential to understanding Nebraska Beef’s cattle procurement relevant to the claims and defenses in the underlying litigation.”
In response to the subpoena, Nebraska Beef stated concerns about sharing the information due to the proprietary and confidential nature of the data.
US Magistrate Judge Cheryl Zwart assured the company that any disclosed information would be for attorneys’ eyes only.
Zwart offered Nebraska Beef another chance to avoid being found in contempt by producing the requested documents by Dec. 22. No extensions will be granted without a formal hearing and a substantial showing of good cause.