UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
GRACE ANGELO and KERSTIN THOMPSON,
NCL CORPORATION LTD, and
CASE NO: 1:22-cv-22962-AHS
IMPORTANT - PLEASE READ THIS NOTICE CAREFULLY
THIS NOTICE RELATES TO THE PENDENCY OF A CLASS ACTION LAWSUIT AND, IF YOU ARE A
SETTLEMENT CLASS MEMBER, CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS TO OBJECT TO THE SETTLEMENT
A Federal Court authorized this notice. You are not being sued.
This is not a solicitation from a lawyer.
- A Settlement has been reached in a class action lawsuit against NCL Corporation LTD., and NCL (Bahamas) LTD., a Bermuda Company (“NCL”). The class action lawsuit involves whether NCL complied with its fiduciary duties under the Employee Retirement Income Security Act of 1974 (“ERISA”) in managing a defined contribution plan NCL sponsored for employees, including the NCLC 401(k) Plan (the “Plan”). NCL denies any wrongdoing, but agreed to settle this case to avoid the expense, inconvenience, and disruption of class-action litigation.
The settlement class is defined as: All persons who participated in the NCLC 401(k) Plan at any time from September 16, 2016, through March 31, 2023 (the “Settlement Class Period”), including any Beneficiary of a deceased person who participated in the Plan at any time during the Settlement Class Period, and any Alternate Payee of a person subject to a Qualified Domestic Relations Order who participated in the Plan at any time during the Settlement Class Period.
Excluded from this Settlement Class are the following individuals: Lynn White, Howard Flanders, Faye Ashby, Mark Kansley, Steve Roth, Daniel S. Farkas, Jeffrey Anderson, Francisco “Frank” J. Del Rio, Harry Sommer, David Herrera, Andrea DeMarco a/k/a Andrea Sieger, Frank A. El Rio and Robin Lindsay.
- NCL has agreed to pay $615,000 into a settlement fund. Settlement Class Members are eligible to receive a pro rata share of the Settlement Amount remaining after payment of notice and administrative expenses, taxes and tax expenses, attorneys’ fees and expenses that the Court awards to Class Counsel (the “Net Settlement Amount”). The amount of each Settlement Class Member’s payment is based on his or her average account balance in the Plan during the Settlement Class Period. Payments to Current Participants will be deposited into their active account(s) in the Plan. Payments to certain Zero Account Balance Current Participants, Authorized Former Participants, Beneficiaries and Alternate Payees will be made directly by check. (Unless specified otherwise herein, all capitalized terms are defined in the Settlement Agreement.)
- Please read this notice carefully. Your legal rights are affected whether you act or do not act.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT|
DO YOU NEED TO
If you are a Current Participant, meaning you had a positive balance in the Plan as of March 31, 2023, you do not need to submit a claim in order to get a share of the Net Settlement Fund.
If you are a Former Participant, meaning you participated in the Plan during the Settlement Class Period but did not have a positive balance in any one of those Plans on March 31, 2023, you must submit, either electronically or by mail, a Former Participant Claim Form in order to get a share of the Net Settlement Fund. (See the Former Participant Claim Form for instructions.)
January 16, 2024
If you wish to object to any part of the Settlement or Class Counsel’s request for attorneys’ fees and expenses, you may (as explained in FAQ #15) write to the Court to explain why you object.
If you submit a written objection to the Court and counsel before the deadline above, you may ask to speak at a hearing in Court about the fairness of the Settlement. 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 unless you notify the Court and counsel by January 16, 2024 of your intention to appear at the hearing.
If you are a Current Participant, you will get a share of the Net Settlement Fund to which you are entitled and will give up your rights to sue NCL about the allegations in this case. If you are a Former Participant, and do not submit a Former Participant Claim Form, you will not get a share of the Net Settlement Fund and will give up your rights to sue NCL about the allegations in this case.