Important Settlement Dates That Will Affect Your Rights
Astellas US Retirement and Savings Plan Settlement
Wachala, et al. v. Astellas US LLC, et al., No. 20-cv-03882 (N.D. Ill.).
United States District Court for the Northern District of Illinois
Submit Your Former Participant Claim Form
Astellas US Retirement and Savings Plan Settlement Home Page
The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Plan alleging violations of the Employee Retirement Income Security Act (“ERISA”). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who had Plan accounts during the Class Period with a balance greater than $0 as of March 31, 2023 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of March 31, 2023 (“Former Participants”) will receive their allocation in the form of a check mailed to their last known address or a rollover, if elected.
The terms and conditions of the Settlement are set forth in the Settlement Agreement dated June 23, 2023. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available here. Any amendments to the Settlement Agreement or any other settlement documents will be posted on this website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement.
| YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT | |
|---|---|
| IF YOU ARE A CURRENT PARTICIPANT. YOU DO NOT NEED TO DO ANYTHING TO PARTICIPATE IN THE SETTLEMENT. | If you are a Current Participant, you do not need to do anything to receive your share of the Settlement. |
| IF YOU ARE A FORMER PARTICIPANT. TO RECEIVE YOUR SHARE OF THE NET SETTLEMENT AMOUNT, YOU MUST RETURN THE ENCLOSED FORMER PARTICIPANT CLAIM FORM BY OCTOBER 23, 2023. | If you are a Former Participant, to receive your share of the Net Settlement Amount, you must return a Former Participant Claim Form that is postmarked or electronically filed by October 23, 2023. If you do not return the Former Participant Claim Form that is postmarked or electronically filed by October 23, 2023, you will forfeit your share of the Net Settlement Amount, even though you will be bound by the Settlement, including the release. A claim form will be available here. |
| YOU CAN OBJECT (NO LATER THAN OCTOBER 3, 2023) |
If you wish to object to any part of the Settlement, you may (as discussed in the Notice) write to the Court and counsel about why you object to the Settlement. The Court has authorized the parties to seek information through discovery from any person who files an objection, which means you could be required to produce documents and appear at a deposition to be interviewed and asked questions. |
| YOU CAN ATTEND A HEARING ON NOVEMBER 2, 2023 | If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by October 3, 2023, of your intention to appear at the hearing. |