Frequently Asked Questions

No, you are not being sued.

Plaintiffs originally claimed that Defendants followed a deficient process by which they: failed to investigate the availability of alternative share classes; failed to investigate the availability of alternative funds; failed to monitor performance of portfolio managers; failed to monitor and control the investment advisor’s performance and related trust costs; failed to monitor recordkeeping fees; breached their duty of loyalty; and committed prohibited transactions. The Court dismissed all claims against Defendants, and the United States Court of Appeals for the Second Circuit remanded the Action to the district court for consideration of two claims related to prohibited transactions solely because of a change in the law while this Action was pending.

Defendants deny all of the claims and allegations made in the Action and deny that they ever engaged in any wrongful conduct. If the Action were to continue, the Defendants would continue to assert numerous defenses to liability against the two remanded claims related to prohibited transactions, including:

• Defendants did not engage in any prohibited transactions or any of the other allegedly improper conduct charged in the Complaint;
• Certain of Plaintiffs’ remaining claims are outside the statute of limitations;
• Plaintiffs lack standing to pursue their remaining claims;
• Defendants reasonably and prudently managed the Plans’ service provider fees, and any fees paid were reasonable for necessary services provided to the Plans.

You are a member of the Settlement Class if you fall within the definition of the Settlement Class preliminarily approved by the Court:

“All persons, who participated in the Plans at any time during the Class Period, including any Beneficiary of a deceased Person who participated in the Plans at any time during the Class Period, and any Alternate Payee of a Person subject to a QDRO who participated in the Plans at any time during the Class Period.”

The “class period” referred to in this definition is from January 1, 2018, to August 5, 2026.

As in any litigation, all parties face an uncertain outcome. On the one hand, continuation of the case could result in a judgment greater than this Settlement. On the other hand, continuing the case could result in the Named Plaintiffs and the class obtaining no recovery at all or obtaining a recovery that is less than the amount of the Settlement. Based on these factors, the Named Plaintiffs and Class Counsel have concluded that the proposed Settlement is in the best interests of all Settlement Class members.

Provided that the Settlement becomes Final, a Qualified Settlement Fund consisting of $225,000.00 will be established in the Action. The amount of money that will be allocated among members of the Settlement Class, after the payment of any taxes and Court-approved costs, fees, and expenses, including attorneys’ fees and expenses of Class Counsel, any Court-approved Service Awards to be paid to the Named Plaintiffs, and payment of expenses incurred in calculating the Settlement payments and administering the Settlement, is called the Net Settlement Amount. The Net Settlement Amount will not be known until these other amounts are quantified and deducted. The Net Settlement Amount will be allocated to members of the Settlement Class according to a Plan of Allocation to be approved by the Court. The Plan of Allocation describes how the Net Settlement Amount will be distributed to Settlement Class members who receive a payment. If the Settlement is approved by the Court, all Settlement Class members and anyone claiming through them shall be deemed to fully release the Released Parties from Released Claims.

The Released Parties are (a) Defendants and any of Defendants’ employees, benefit plan fiduciaries, administrators, service providers, investment advisors and their respective affiliates or employees; (b) Defendants’ insurers, co-insurers, and reinsurers; (c) Defendants’ direct and indirect past, present, and future affiliates, parents, subsidiaries, divisions, joint ventures, predecessors, successors, Successors-In-Interest, assigns, boards of trustees, boards of directors, officers, trustees, directors, partners, agents, managers, members, or employees (including any individuals who serve or served in any of the foregoing capacities, such as members of the boards of trustees or boards of directors that are associated with any of Defendants’ past, present, and future affiliates), and each Person that controls, is controlled by, or is under common control with them; (d) for (a) through (c), their past, present, and future agents, officers, employees, trustees, board of directors or trustees, members of the board of directors or trustees, independent contractors, representatives, attorneys, administrators, insurers, heirs, executors, administrators, associates, employee benefit plans, employee benefit plan fiduciaries (with the exception of the Independent Fiduciary), employee benefit plan administrators, employee benefit plan committees and subcommittees and service providers (including their owners and employees), members of their immediate families, consultants, subcontractors, and all persons acting under, by, through, or in concert with any of them; and (e) the Plans and the Plans’ current and past fiduciaries, committees, subcommittees, administrators, plan administrators, recordkeepers, service providers, consultants, attorneys, agents, insurers, and parties-in-interest.

Released Claims are defined in the Settlement Agreement and include all claims that were or could have been asserted in the Action. This means, for example, that Settlement Class members will not have the right to sue the Released Parties for failure to prudently select and monitor the Plans’ fees or investment options, or related matters, that occurred during the Class Period.

The above description of the proposed Settlement is only a summary. The complete terms, including the definitions of the Released Parties and Released Claims, are set forth in the Settlement Agreement (including its exhibits), which may be obtained here.

You do not need to file a claim. Class Members receiving a payment will be paid directly by the Settlement Administrator by check.

All such payments are intended by the Settlement Class to be “restorative payments” in accordance with Internal Revenue Service Revenue Ruling 2002-45. Checks issued to Settlement Class members pursuant to this paragraph shall be valid for 180 days from the date of issue. If you are a former Plan participant and have not provided your Plan(s) with your current address, please contact the Settlement Administrator by email, mail, or fax to provide your current address.

Each Class Member who receives a payment under this Settlement Agreement shall be fully and ultimately responsible for payment of any and all federal, state, or local taxes resulting from or attributable to the payment received by such person.

The Court has preliminarily appointed The Sharman Law Firm LLC as Class Counsel in the Action. You will not be charged directly by these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

You do not have the right to exclude yourself from the Settlement. The Settlement Agreement provides for certification of the Settlement Class as a non-opt-out class action under Federal Rule of Civil Procedure 23(b)(1), and the Court has preliminarily determined that the requirements of that rule have been satisfied. Thus, it is not possible for any Settlement Class members to exclude themselves from the Settlement. As a Settlement Class member, you will be bound by any judgments or orders that are entered in the Action for all claims that were or could have been asserted in the Action or are otherwise released under the Settlement.

If you are a Settlement Class Member, you can object to the Settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. To object, you must send a letter or other writing saying that you object to the Settlement in Collins, et al. v. Northeast Grocery, Inc. et al., Civil Action No. 5:24-cv-00080. Be sure to include your name, address, telephone number, signature, and a full explanation of all the reasons why you object to the Settlement. You must file your objection with the Clerk of the Court of United States District Court for the Northern District of New York so that it is received no later than November 17, 2026. The address is:

Clerk of the Court
U.S. District Court
Northern District of New York
P.O. Box 7367
Syracuse, NY 13261

The objection must refer prominently to this case name: Collins, et al. v. Northeast Grocery, Inc. et al., Civil Action No. 5:24-cv-00080. A copy of your objection must also be provided to Class Counsel and Defense Counsel at the following addresses:

Class Counsel
Paul J. Sharman, Esq.
The Sharman Law Firm LLC
11175 Cicero Drive, Ste. 100
Alpharetta, GA 30022

Defense Counsel
Erika N.D. Stanat, Esq.
Harter Secrest & Emery LLP
1600 Bausch & Lomb Place
Rochester, NY 14604

The Fairness Hearing currently is scheduled for 1:00 PM on December 1, 2026, at the United States District Court for the Northern District of New York, Alexander Pirnie Federal Building & U.S. Courthouse, 10 Broad St., Utica, NY 13501, in such courtroom as the Court may designate.

The Court may adjourn the Fairness Hearing without further notice to the Settlement Class and also may schedule the hearing to be done by telephone or video conference. If you wish to attend, you should confirm the date and time of the Fairness Hearing with the Settlement Administrator before doing so. Any updates to the date, time, or venue of the Fairness Hearing will be posted on this website.

At that hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will also rule on the motions for attorneys’ fees and reimbursement of expenses and for the Service Awards for the Named Plaintiffs. The Parties do not know how long these decisions will take or whether appeals will be filed.

No, but you are welcome to come at your own expense. If you file an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, it will be before the Court when the Court considers whether to approve the Settlement. You also may pay your own lawyer to attend the Fairness Hearing, but such attendance is not necessary.

If you submit a written objection to the Settlement to the Court and counsel before the Court-approved deadline, you may (but do not have to) attend the Fairness Hearing and present your objections to the Court. You may attend the Fairness Hearing even if you do not file a written objection, but you will only be allowed to speak at the Fairness Hearing if you file a written objection in advance of the Fairness Hearing AND you file a Notice of Intention To Appear, as described in this paragraph. To do so, you must file with the Court a letter or other paper called a “Notice of Intention To Appear at Fairness Hearing in Collins, et al. v. Northeast Grocery, Inc. et al., Civil Action No. 5:24-cv-00080.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention To Appear must be received by the attorneys listed in the answer to “How do I tell the court that I do not like the Settlement?” above, no later than November 17, 2026, and must be filed with the Clerk of the Court at the address listed in the answer to the same question.

You may email the Settlement Administrator at NortheastGrocery401kSettlement@noticeadministrator.com, or call at 888-429-2413.