If you are a Current Participant or a Beneficiary or Alternate Payee of a Current Participant with an Active Account in the Plan, you do not need to submit a claim to be eligible for a payment under the Settlement. You will receive any payment for which you are eligible automatically in your Plan account. If you are a Former Participant or a Beneficiary or an Alternate Payee of a Former Participant and you do not have an Active Account in the Plan, you must submit a Former Participant Claim Form by the submission deadline in order to be eligible for payment under the Settlement. “Former Participant” means a member of the Settlement Class who does not have an Active Account (i.e., a balance greater than $0) as of December 23, 2024.
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, and you want to receive any monetary benefits from the Settlement, you must submit the Former Participant Claim Form by no later than June 4, 2025. You must mail the Former Participant Claim Form to the address shown on the Form.
A Former Participant Claim Form will be deemed submitted when it is actually received by the Settlement Administrator at the address listed in the Former Participant Claim Form.
Even if you do not submit a Former Participant Claim Form, you will be bound by the Settlement.
You can ask the Court to deny approval of the Settlement and/or the Motion for Attorneys’ Fees and Costs of Class Counsel or the Case Contribution Awards to be requested for the Class Representatives 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, because of an objection or its own discretion, can award less than the amount requested by Class Counsel for attorneys’ fees and expenses or the amount requested for the Case Contribution Awards. While such a ruling could affect the timing and amount of settlement payments, any Court ordered reduction in Class Counsel’s attorneys’ fees and expenses or the case contribution awards to be paid to the Class Representatives will not otherwise affect the finality of the Settlement.
Any objection to the proposed Settlement or Motion for Attorneys’ Fees and Costs or Case Contribution Awards 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 Luense, et al. v. Konica Minolta Business Solutions U.S.A., Inc., et al., Case No. 2:20-cv-06827 (D.N.J.); (b) be submitted to the Court either by mailing them to the Clerk of the Court for the United States District Court for the District of New Jersey, Martin Luther King Jr. Federal Bldg. & U.S. Courthouse, 50 Walnut Street, Room 4015, Newark, NJ 07101, or by filing them in person at any location of the United States District Court for the District of New Jersey; and (c) be filed or postmarked on or before May 22, 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 in the United States, whether state, federal, or otherwise, in the previous five 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 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.
If you do nothing and the Court approves of the Settlement, 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 Current Participant with an Active Account in the Plan, you do not need to take any action to be eligible to receive the Settlement benefits. 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 must submit a Former Participant Claim Form by the submission deadline or you will not receive any of the settlement payments.