Short v. Brown University ERISA Settlement

United States District Court, District of Rhode Island

Case No. 1:17-cv-00318 (D.R.I.)

NOTICE OF CLASS ACTION SETTLEMENT, SETTLEMENT FAIRNESS HEARING, AND MOTION FOR ATTORNEYS’ FEES AND REIMBURSEMENT OF ATTORNEY EXPENSES


This website and the Class Notice(PDF: 220.3 kB) advise you of the Settlement of Short v. Brown University, Case No. 1:17-cv-00318 (D.R.I) (the “Action”), a class action lawsuit brought by Diane G. Short, Judith Daviau and Joseph Barboza (“Plaintiffs”) on behalf of themselves, the Brown University Deferred Vesting Retirement Plan (“Deferred Vesting Retirement Plan”) and the Brown University Legacy Retirement Plan (“Legacy Retirement Plan”) (together, the “Plans”), and the Members of the Settlement Class described below, against Defendant Brown University (“Defendant” or “University”) (collectively with Plaintiffs, the “Parties”).  The Action was brought under the Employee Retirement Income Security Act of 1974, as amended, (“ERISA”).  The Settlement would release Defendant and related parties from any claims filed against them  in the Action.  The terms and conditions of the Settlement are set forth in a Stipulation of Settlement(PDF: 4.2 MB) (the “Stipulation”).  Capitalized terms used in this website and the notice but not defined in this website or the notice have the meanings assigned to them in the Stipulation. The Stipulation and additional information with respect to the Action and the Settlement are available in the 'Documents' section of this website or by contacting Class Counsel as described below.

The Parties have agreed to settle this case for $3,500,000 (the “Settlement Amount”) plus certain prospective relief.  The Court has preliminarily approved the Settlement, which provides for allocation of Settlement funds to Members of the Settlement Class.

The Court has scheduled a hearing concerning Final Approval of the Settlement and Class Counsel’s motion for attorney’s fees and expenses and for contribution awards to the Plaintiffs.  That hearing, before the Honorable William E. Smith, is scheduled on August 1, 2019,  at 10:00 a.m. in Courtroom 3 at the U.S. District Court, One Exchange Terrace, Federal Building and Courthouse, Providence, RI 02903.  If Final Approval is granted, the Settlement will bind Members of the Settlement Class.  Settlement Class Members may appear at this hearing and/or object to the Settlement.  Any objections to the Settlement, the motion for attorney’s fees and expenses, and/or the request for Plaintiff contribution awards must be served in writing on the Court and the Parties’ counsel.  More information about the hearing and how to object is explained in the Class Notice(PDF: 220.3 kB).

SETTLEMENT CLASS MEMBERS' LEGAL RIGHTS WILL BE AFFECTED WHETHER OR NOT THEY TAKE ANY ACTION. READ THE NOTICE CAREFULLY.  PLEASE DO NOT CONTACT DEFENDANT OR THE COURT. THEY WILL NOT BE ABLE TO ANSWER YOUR QUESTIONS.


YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

You can do nothing. (No action is necessary to receive an allocated payment.)

If the Settlement is approved by the Court and you are a Member of the Settlement Class entitled to a payment under the Plan of Allocation, you do not need to do anything to receive a payment.

You can submit an objection. (It

must be postmarked by July 18, 2019.)

If you wish to object to any part of the Settlement, you may write to the Court and Counsel and explain why.  For more information and where to send your objection, see Question 13 of the Class Notice(PDF: 220.3 kB).

You can appear at the Fairness

Hearing on August 1, 2019.

If you submit a written objection to the Settlement before the Court-Approved Deadline, you may (but do not have to) speak in Court about the fairness of the Settlement.

  • These rights and options—and the deadlines to exercise them—are explained in the Class Notice(PDF: 220.3 kB).
  • Information concerning your individual share of the Net Settlement Fund, if any, will not be  available for several months after the Court grants Final Approval of the Settlement and any appeals are resolved.  Thank you for your patience.

This website is authorized by the Court, supervised by Counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-833-253-8064.

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Important Dates

  • Notice Date:

    Friday, June 14, 2019

    Notices were mailed to Settlement Class Members on Friday, June 14, 2019.

  • Objection Deadline:

    Thursday, July 18, 2019

    You must mail your objection(s) and/or Notice of Intention to Appear at the Fairness Hearing so that it/they are postmarked no later than Thursday, July 18, 2019.

  • Fairness Hearing Date:

    Thursday, August 1, 2019

    The Fairness Hearing is scheduled for Thursday, August 1, 2019 at 10 a.m.  Please check this website for updates.

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