By Mike Scarcella

(Reuters) – The U.S. Justice Division on Sunday moved to dismiss an antitrust indictment in opposition to two former Pilgrim’s Pleasure (NASDAQ:) Corp executives who have been the remaining defendants in a conspiracy prosecution that has didn’t safe any convictions.

Federal prosecutors requested U.S. District Choose Daniel Domenico to dismiss the case in opposition to Jason McGuire, who was a former government vice chairman of gross sales at Pilgrim’s Pleasure, and Timothy Stiller, a former common supervisor.

They and different defendants have been charged in 2021 of fixing costs within the poultry trade.

A Justice Division spokesperson on Sunday declined to remark.

In July, a Colorado jury discovered three different Pilgrim’s Pleasure executives, and two executives of Claxton Poultry Farms, not responsible. It was the third trial, after two earlier mistrials. The defendants who have been acquitted then included former Pilgrims Pleasure chief executives William Lovett and Jayson Penn.

The federal government stated it was shifting to dismiss the case in opposition to McGuire and Stiller after Domenico on Oct. 14 “successfully” restricted the proof that jurors can be allowed to listen to at an upcoming Oct. 31 trial.

Domenico stated in his ruling that the Justice Division “has not met its burden of demonstrating a price-fixing or bid-rigging conspiracy by a preponderance of the proof.” Prosecutors stated the order “departs from prior rulings within the district regarding the identical conspiracy.”

The federal government requested Domenico to dismiss the indictment in opposition to McGuire and Stiller “with out prejudice,” which might give the U.S. a chance to attempt to convey a brand new case.

Protection attorneys for McGuire and Stiller didn’t instantly reply to messages in search of remark.

Domenico in a separate order final week denied a bid from McGuire and Stiller to dismiss the case. Nonetheless, the choose stated in his order that “the federal government’s proof on this case has been removed from convincing.”

Pilgrim’s Pleasure agreed to pay a $110.5 million nice in 2020 after pleading responsible to the Justice Division’s price-fixing costs.