Frequently Asked Questions

Plaintiffs filed a class action complaint against Defendants on behalf of the Plan and a class of Plan participants, alleging certain claims for breach of fiduciary duty under the Employee Retirement Income Security Act of 1974 (“ERISA”). A complete description of Plaintiffs’ allegations is in the Complaint, which is available here.

JMH has denied and continues to deny any and all of Plaintiff’s claims and allegations in their entirety. JMH denies that it is liable to the Plaintiff or the Settlement Class members, and denies that the Plaintiff, Settlement Class members, or the Plan have suffered any harm or damage for which JMH or any Defendant could or should be held responsible. JMH asserts that at all times its conduct was lawful. JMH contends that the Plan has been managed, operated, and administered at all relevant times in compliance with ERISA and applicable regulations and in the best interests of its employees and Plan participants.

The Court has not decided in favor of either side in this Action. Instead, both sides agreed to a settlement. That way, both sides avoid the cost and risk of a trial, and the affected Current and Former Participants will get a benefit that they would not have otherwise received if Plaintiff had litigated the case and lost. The Class Representative and his attorneys believe the Settlement is in the best interests of the Class Members and the Plan.

Defendants have agreed to pay the Gross Settlement Amount of $950,000 into the Qualified Settlement Fund to resolve the claims of the Settlement Class, as well as hold an RFP for Plan recordkeeping services within two years of the Settlement Effective Date. The Net Settlement Amount (e.g., the Gross Settlement Amount less any Court-approved Attorneys’ Fees and Costs, Administrative Expenses, Case Contribution Awards, and taxes) will be allocated to Class Members according to a Plan of Allocation to be approved by the Court.

Settlement Class members do not have to submit claim forms to receive their allocated share of the Settlement Payment, which will be distributed automatically in the following manner if the Court approves the Settlement:

“Current Participants” are current Plan participants who have a positive balance in their Plan account as of the date Settlement Payments are calculated. The Settlement Payments for Current Participants will be invested in accordance with the Current Participant’s current investment elections for new contributions as proportionately as reasonably practicable. If a Current Participant has no investment election in effect, then his or her Settlement recovery will be invested in the Plan’s Qualified Default Investment Alternative. For payments to Current Participants into their Plan accounts, no taxes will be withheld.

“Former Participants” are individuals who had an active Plan account on or after March 15, 2018, but do not have a Plan account with a positive balance as of the date the Settlement Payment allocations are calculated. Former Participants will receive payment under the Settlement in the form of a check with taxes withheld (if applicable) if their settlement amount is $10 or more and do not need to submit any paperwork to receive a payment under the Settlement.

No. The Settlement Class has been certified under Federal Rule of Civil Procedure 23(b)(1). Therefore, as a Class Member, you are bound by any judgments or orders that are entered in the lawsuit for all claims that were asserted in the lawsuit or are otherwise included as Released Claims as defined in the Settlement Agreement. If you wish to object to any part of the Settlement, you may (as discussed below) write to the Court and counsel about why you object to 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 object to the Settlement if you don’t like any part of it. If you object, you must give the reasons why you think the Court should not approve the Settlement. The Court will consider your views. Your objection to the Settlement must be postmarked no later than November 26, 2025, and must be sent only to the Court.

See your Notice for complete instructions.

A Fairness Hearing has been set for December 11, 2025, at 2:00 p.m. P.S.T. The hearing will be conducted in person before the Honorable Araceli Martínez-Olguín at the U.S. District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102-3489. At the hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. The Court will hear any comments, objections, and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for Attorneys’ Fees and Costs and the Case Contribution Awards. You do not need to attend this hearing. You also do not need to attend to have an objection considered by the Court.

You do not need to attend the Fairness Hearing.