The Court caused the Notice to be sent to you because our records indicate that you may be a Settlement Class Member. If you fall within the definition of the Settlement Class, you have a right to know about the Settlement and about all of the options available to you before the Court decides whether to give its final approval to the Settlement. If the Court approves the Settlement, and after any objections and appeals are resolved, the Net Settlement Amount will be allocated among Settlement Class Members according to a Court-approved Plan of Allocation.
In the Class Action, Plaintiffs claim that Defendant failed to prudently and loyally monitor the Plan’s investment options and administrative fees as required by federal law. Defendant denies all claims and asserts that they have always acted prudently and in the best interests of participants and beneficiaries.
The Court has not reached a final decision as to Plaintiffs’ claims. Instead, Plaintiffs and Defendant have agreed to the Settlement. The Settlement is the product of extensive negotiations between the Class Representatives, Defendant, and their counsel, overseen by an experienced neutral mediator. The parties to the Settlement have taken into account the uncertainty, risks, and costs of litigation and have concluded that it is desirable to settle on the terms and conditions set forth in the Settlement Agreement. Plaintiffs and Class Counsel believe that the Settlement is best for the Settlement Class. Nothing in the Settlement Agreement is an admission or concession on Defendant’s part of any fault or liability whatsoever. They have entered into the Settlement Agreement to avoid the uncertainty, expense, and burden of additional litigation.
Under the Settlement, Defendant or their insurers will pay $4,600,000.00 into a Qualified Settlement Fund to resolve the claims of the Settlement Class against Defendant. The Net Settlement Amount (after deduction of any Court-approved Attorneys’ Fees and Costs, Administrative Expenses, and Case Contribution Awards) will be allocated to Settlement Class Members according to a Plan of Allocation to be approved by the Court (as explained further under question 5 below). Settlement Class Members who are entitled to a distribution may receive their distribution directly into their Plan Account, as a check or, if they choose, as a rollover to a qualified retirement account.
All Settlement Class Members and anyone claiming through them will fully release the Plan as well as Defendant and the Released Parties from certain Released Claims, as defined in the Settlement Agreement. The Released Parties include each Defendant and certain related parties as outlined in the Settlement Agreement. The Released Claims include any claims against any of the Released Parties with respect to the Plan that were asserted in the Action against Defendant or could have been asserted against Defendant.
This is only a summary of the Released Claims and is not a binding description. The governing releases are found within the Settlement Agreement, which is available HERE.
The amount, if any, that will be allocated to you will be based upon records maintained by the Plan’s recordkeeper. Calculations regarding individual distributions will be performed by the Settlement Administrator, whose determinations will be final and binding, pursuant to the Court-approved Plan of Allocation.
To receive a distribution from the Net Settlement Amount, you must either be a (1) “Settlement Class Member” as described on page 1; or (2) a Beneficiary or Alternate Payee of a person identified in (1).
The Net Settlement Amount will be divided pro rata among Settlement Class Members (and their Beneficiaries and Alternate Payees) based on Settlement Class Members’ account balance in the Plan during the Class Period. Former participants who stand to receive $5.00 or less from the Net Settlement Amount will not receive a distribution. A more complete description regarding the details of the Plan of Allocation can be found in Article 5 of the Settlement Agreement, which is available HERE.
If you are a Current Participant, you do not need to do anything to receive your share of the Net Settlement Amount. If, however, you do not have an account in the Plan at the time that distributions are made, you will receive your settlement distribution in the form of a check or rollover, if elected.
If you are not a Current Participant, you can receive your share of the Net Settlement Amount via a rollover to an individual retirement account or other tax-qualified retirement account. To do so, you must submit a Rollover Form. A Rollover Form is attached to the Notice and explains the steps necessary to receive your distribution via rollover. You may also obtain the Rollover Form HERE or by calling the Settlement Administrator at +1 800-485-6615. If you are a not a Current Participant and do not submit a timely, valid Rollover Form, you will receive your distribution via check. More information regarding your rollover options are at the end of the Notice.
The timing of the distribution of the Net Settlement Amount is conditioned on several matters, including the Court’s final approval of the Settlement and any approval becoming final and no longer subject to any appeals in any court. An appeal of the final approval order may take several years. If the Settlement is approved by the Court and there are no appeals, the Settlement distribution likely will occur within approximately four months of the Court’s Final Approval Order, unless there are unforeseen circumstances. There will be no payments under the Settlement if the Settlement Agreement is terminated.
No. The Settlement Class has been certified for settlement purposes under Federal Rule of Civil Procedure 23(b)(1). Therefore, as a Settlement Class Member, you are bound by the Settlement (if it receives final Court approval) and any judgments or orders that are entered in the Action. If you wish to object to any part of the Settlement, you may write to the Court, Class Counsel and Defendant’s counsel about why you object to the Settlement, as discussed below.
The Court has appointed the law firms of Engstrom Lee LLC in Minneapolis, Minnesota, and the James White Firm LLC in Birmingham, Alabama as Class Counsel in the Class Action. If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel will file a motion for an award of Attorneys’ Fees and Costs, Administrative Expenses, and Case Contribution Award at least 30 days prior to the objection deadline. This motion will be considered at the Fairness Hearing. Class Counsel will limit their application for Attorneys’ Fees to not more than one-third of the Qualified Settlement Fund. Class Counsel also will seek to recover all actual and anticipated litigation costs and administrative expenses associated with the Settlement. The Court will determine the amount of fees, costs, and administrative expenses that will be awarded, if any. All papers filed in this Action, including Class Counsel’s motion for Attorneys’ Fees and Costs, Administrative Expenses, and Case Contribution Award will be available for review via the Public Access to Court Electronic Records System (PACER), available online at https://www.pacer.gov.
If you are a Settlement Class Member, you can object to the Settlement by mailing to Class Counsel and to Defendant’s counsel at the addresses below a written objection explaining why you object and any supporting documents. Your written objection must: (1) clearly identify the case name and number: George, et al. v. Garnet Health Medical Center, Case No. 7:24-cv-6422-PMH (S.D.N.Y.); (2) include your full name, current address, and telephone number; (3) describe the position you wish to assert, including the factual and legal grounds for the position; (4) provide copies of all documents that you wish to submit in support of your position; (5) provide the name(s), address(es) and phone number(s) of any attorney(s) representing you; and (6) include your signature. Your written objection and supporting documents must be mailed to Class Counsel and Defendant’s counsel and postmarked no later than March 30, 2026 to be considered. Class Counsel and Defendant will have an opportunity to respond to your objection. You also must file your objection with the Court by mailing or hand delivering to the Clerk of Court of the United States District Court for the Southern District of New York, Hon. Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas Street, White Plains, New York 10601.
| Class Counsel | Defendant’s Counsel |
| Jennifer Lee Carl Engstrom Engstrom Lee LLC 323 N. Washington Ave., Ste. 200 Minneapolis, MN 55401 James H. White IV JAMES WHITE FIRM LLC 2100 Morris Avenue Birmingham, AL 35203 | Howard Shapiro Lindsey H. Chopin Alex E. Hotard Timothy P. Doolin JACKSON LEWIS P.C. 601 Poydras Street, Suite 1400 New Orleans, LA 70130 Joseph A. Saccomano, Jr. Caterina Catalano JACKSON LEWIS P.C. 44 South Broadway, 14th Floor White Plains, NY 10601 |
The Court will hold a Fairness Hearing on April 20, 2026 at 2:30 PM at United States District Court for the Southern District of New York, The Hon. Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas St., White Plains, NY 10601, in Courtroom 520. At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court also will consider the motion for Attorneys’ Fees and Costs, Administrative Expenses, and Case Compensation Award. If there are objections, the Court will consider them then. Please note that if the Fairness Hearing is rescheduled, or if it is held by video conference or telephone, a notice will be posted HERE.
No, but you are welcome to come at your own expense. You may also make an appearance through an attorney at your own expense. If you send an objection, you do not have to come to the Court to talk about it. As long as you postmarked your written objection on time, the Court will consider it.
Yes. If you wish to attend the hearing and speak at the hearing, you must serve Class Counsel and Defendant’s counsel (as identified under question 11) with a notice of intent to appear at least 21 calendar days before the Fairness Hearing. You must also comply with the requirements for making an objection (described above) if you wish to object to the Settlement.
If you are a “Current Participant” as described HERE, and you do nothing, you will receive your pro rata share of the Net Settlement Amount deposited into your individual account in the Plan.
If you are not a Current Participant, and you do nothing, you will receive your pro rata share of the Net Settlement Amount via check if you do not submit a rollover form and the Settlement is finally approved.
If you have questions regarding the Settlement, you can visit our contact us page HERE, email [email protected], call +1 800-485-6615, or write to the Settlement Administrator at P.O. Box 64053, Saint Paul, MN, 55164. All papers filed in this lawsuit are also available for review via the Public Access to Court Electronic Records System (PACER), at https://www.pacer.gov, and can be reviewed in person during regular business hours at the Office of the Clerk of the United States District Court for the Southern District of New York, The Hon. Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas St., Room 530, White Plains, NY 10601. Please note that neither Garnet nor any employees, attorneys, or representatives of Garnet may advise you regarding the Settlement or how you should proceed.
YOUR ROLLOVER OPTIONS
The Settlement Administrator has determined that the payment you are receiving from the Qualified Settlement Fund (“Fund”) is eligible to be rolled over to an IRA or an employer plan. This Q&A is intended to help you decide whether to do such a rollover. The Notice describes the rollover rules that apply to payments from the Fund.
GENERAL INFORMATION ABOUT ROLLOVERS
How can a rollover affect my taxes? You will be taxed on a payment from the Fund if you do not roll it over. If you are under age 59½ and do not do a rollover, you will also have to pay a 10% additional income tax on early distributions (generally, distributions made before age 59½), unless an exception applies. However, if you do a rollover, you will not have to pay tax until you receive payments later and the 10% additional income tax will not apply if those payments are made after you are age 59½ (or if an exception to the 10% additional income tax applies).
What types of retirement accounts and plans may accept my rollover? You may roll over the payment to either an IRA (an individual retirement account or individual retirement annuity) or an employer plan (a 401(k), section 403(b) plan, or governmental section 457(b) plan) that will accept the rollover. The rules of the IRA or employer plan that holds the rollover will determine your investment options, fees, and rights to payment from the IRA or employer plan. Further, the amount rolled over will become subject to the tax rules that apply to the IRA or employer plan.
How do I do a rollover? There are two ways to do a rollover. You can do either a direct rollover or a 60-day rollover.
If you do a direct rollover, the Fund will make the payment directly to your IRA or an employer plan. You should contact the IRA sponsor or the administrator of the employer plan for information on how to do a direct rollover. The information they give you can then be used to complete the settlement administration form. You generally need to have an account opened (even if it’s not funded) for an institution to process your rollover.
If you do not do a direct rollover, you may still do a rollover by making a deposit into an IRA or eligible employer plan that will accept it. Generally, you will have 60 days after you receive the payment to make the deposit. If you do not do a direct rollover, the Fund is required to withhold 20% of the payment for federal income taxes (up to the amount of cash and property received other than employer stock). This means that, in order to roll over the entire payment in a 60-day rollover, you must use other funds to make up for the 20% withheld. If you do not roll over the entire amount of the payment, the portion not rolled over will be taxed and will be subject to the 10% additional income tax on early distributions if you are under age 59½ (unless an exception applies).