The Final Fairness Hearing happened on May 21, 2021 at 10:00 a.m. in which the Settlement received Final Approval. Please see the Judgment from the Court for more details
Welcome to the Settlement website for Gerken, et al., v. ManTech, et al., 1:20-cv-01536 (the “Class Action”). This website has been established to provide general information related to the Class Action and the proposed Settlement. The capitalized terms used on this website and not defined herein shall have the same meanings ascribed to them in the Class Action Settlement Agreement (“Settlement Agreement”).
This litigation is a class action in which Named Plaintiffs Christopher J. Gerken, Dennis Kemp, Travis Knight, and Angelique Perkins allege that the Defendants breached fiduciary duties owed to the participants in and beneficiaries of the ManTech International 401(k) Plan (the “Plan”) under the Employee Retirement Income Security Act (“ERISA”) by, among other things, failing to attempt to reduce the Plan’s expenses or exercise appropriate judgment to scrutinize each investment option that was offered in the Plan to ensure it was prudent. A copy of the Complaint as well as other documents filed in the Action are available here or from Class Counsel. Defendants have denied and continue to deny all of the claims and allegations in the Action and deny any liability or wrongful conduct of any kind.
A Settlement Fund consisting of $1,200,000.00 (one million, two hundred thousand U.S. dollars) in cash (the “Gross Settlement Amount”) is being established in the Action. The Gross Settlement Amount will be deposited into an escrow account, and the Gross Settlement Amount, together with any interest earned, will constitute the Settlement Fund. Payment of any taxes, approved attorneys’ fees and litigation expenses and payment of Case Contribution Awards to the Named Plaintiffs, and costs of administering the Settlement will be paid out of the Settlement Fund. After the payment of such fees, expenses, and awards, the amount that remains will constitute the Net Settlement Amount. The Net Settlement Amount will be allocated to Settlement Class members according to a Plan of Allocation to be approved by the Court.
If you received the Notice of Class Action Settlement (“Notice”) the Plan records indicate that you or someone in your family may have been a participant or beneficiary in the Plan during the period from May 15, 2014 through January 11, 2021 (the “Class Period”). As such, your rights may be affected by a proposed settlement of this class action lawsuit (the “Settlement”). Please read the Notice carefully to find out what the lawsuit is about, what the terms of the proposed Settlement are, what rights you have to object to the proposed Settlement Agreement if you disagree with its terms, and what deadlines apply.
| YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT | |
| YOU ARE NOT REQUIRED TO FILE A CLAIM IF YOU ARE ENTITLED TO A PAYMENT UNDER THE SETTLEMENT AGREEMENT. | If the Settlement is approved by the Court and you are a member of the Settlement Class, you will not need to file a claim in order to receive a Settlement payment if you are entitled to receive a payment under the Settlement Agreement. |
| HOW SETTLEMENT PAYMENTS WILL BE DISTRIBUTED. | If you are currently participating or have an account balance in the Plan and are a Settlement Class member, any share of the Net Settlement Amount to which you are entitled will be deposited into your Plan account. If you are a Former Participant (i.e., no longer a participant in the Plan) and are a Settlement Class member, such funds shall be paid directly to you by the Settlement Administrator. |
YOU MAY OBJECT TO THE SETTLEMENT BY 5:00 P.M. May 6, 2021. |
If you wish to object to any part of the Settlement, you may write to the Court and the attorneys for the Parties about why you object to the Settlement. |
YOU MAY ATTEND THE FAIRNESS HEARING TO BE HELD AT 10:00 A.M. ON MAY 21, 2021. |
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 about the Settlement 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 Question 16 of the Notice. |
Further information regarding this litigation and this Notice may be obtained by contacting Class Counsel at the following address:
Mark K. Gyandoh
CAPOZZI ADLER. P.C.
312 Old Lancaster Rd
Merion Station, PA 19066
Class Counsel has also established a toll-free phone number to receive your comments and questions: 844-951-2342. You may also send an email to settlement@CapozziAdler.com or send a fax to (717) 233-4103.
You should contact Class Counsel with any questions regarding this Settlement, not the Court, ManTech, or counsel for the Defendants.