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Prevea ERISA Case

Nohara et al. v. Prevea Clinic, Inc., et al.
Case 1:20-cv-1097
United States District Court for the Eastern District of Wisconsin

If you were a participant in the Prevea Clinic, Inc. 401(K) and Retirement Plan between July 20, 2014, and February 3, 2025, your rights may be affected by a proposed settlement of this class action settlement.

The Court still has to decide whether to approve the Settlement. Payments will be made only if the Court approves the Settlement and that approval is upheld in the event of any appeal.

This website is provided as a service to eligible settlement class members. The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice.

What Are My Options?

Do Nothing

If you do nothing, you and all other Class Members will be bound by the judgment and Settlement Agreement, including the Release of Claims.

If you are a Current Participant, or a Beneficiary or Alternate Payee of a Participant and you have an Active Account in the Plan, you do not need to take any action to be eligible to receive the Settlement benefits.

Likewise, if you are a Former Participant, or a Beneficiary or Alternate Payee of a Former Participant and you do not have an Active Account in the Plan, you do not need to take any action to be eligible to receive the Settlement benefits.

Object

— Deadline: May 7, 2025

You can ask the Court to deny approval of the Settlement and/or the Motion for Attorneys’ Fees and Expenses of Class Counsel or the Case Contribution Award to be requested for the Class Representative by filing an objection. You cannot ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. The Court, however, can award less than the amount requested by Class Counsel for attorneys’ fees and expenses or the amount requested for the case contribution award. If the Court does so, because of an objection or in its own discretion, although that ruling could affect the timing and amount of settlement payments, any such reduction in Class Counsel’s attorneys’ fees and expenses or Case Contribution Award to be paid to the Class Representative would not otherwise affect the finality of the Settlement.

Any objection to the proposed Settlement or Motion for Attorneys’ Fees and Expenses or Case Contribution Award must be in writing in accordance with the requirements in the Preliminary Approval Order. If you file a timely written objection, you may, but are not required to, appear at the Fairness Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.

All written objections and supporting papers must: (a) clearly identify the case name and number as Nohara et al. v. Prevea Clinic, Inc., et al., Case No. 1:20-cv-1097; (b) be submitted to the Court either by mailing them to the Clerk of the Court for the United States District Court for the Eastern District of Wisconsin, Green Bay Division, Jefferson Court Building, 125 S. Jefferson St., Rm. 102, Green Bay, WI 54301-4541, or by filing them in person at any location of the United States District Court for the Eastern District of Wisconsin, Green Bay Division; and (c) be filed or postmarked on or before May 7, 2025.

Your objection must also include: (1) your full name, current address, and current telephone number, and, if represented by counsel, any of your counsel’s names and contact information; (2) a written statement of your objection(s), specifying the reason(s) for each objection, including any supporting evidence, and whether the objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class; (3) copies of any papers, brief, or other documents upon which the objection is based; (4) a list of all persons who will be called to testify in support of the objection; (5) a list of any other objections to any class action settlements you or anyone acting on your behalf has submitted in any court, whether state, federal, or otherwise, in the United States in the previous five (5) years; and (6) your signature, even if you are represented by counsel.

Any party may file a response to an objection by a Class Member at least seven (7) calendar days before the Fairness Hearing.

ANY CLASS MEMBER WHO DOES NOT OBJECT IN THE MANNER DESCRIBED ABOVE SHALL BE DEEMED TO HAVE WAIVED ANY OBJECTION AND SHALL NOT HAVE ANY RIGHT TO OBJECT TO THE FAIRNESS OR ADEQUACY OF THE SETTLEMENT.

Attend a Hearing

— Scheduled: June 6, 2025 at 10:15 a.m.

You do not have to attend the hearing, but you are welcome to at your own expense. If you file an objection to the Settlement, you do not have to go to Court to talk about it. As long as your objection is filed or postmarked by May 7, 2025, and you comply with the requirements in the answer to question 16 of the Notice, the Court will consider it. You may also send your own lawyer at your expense to attend the Fairness Hearing.

You may ask the Court for permission to speak at the hearing. Anyone wishing to appear must state in their written objection their intention to appear at the Fairness Hearing, at their own expense.

Objectors or their attorneys intending to participate at the Fairness Hearing must file a notice of intention to participate (and, if applicable, the name, address, and telephone number of the objector’s attorney) with the Court no later than May 22, 2025. Any objectors, or their counsel, who do not timely file a notice of intention to participate in accordance with this Paragraph shall not be permitted to speak at the Fairness Hearing, except for good cause shown.