Rockford Products Corp. 401k/ESOP Settlement (Waller v. Wood)

Status: This case has been completed.
Claims Filing Deadline: Wednesday, March 14, 2012
Fairness Hearing: Tuesday, February 14, 2012
Objection Deadline: Tuesday, January 24, 2012
Notice to Appear Deadline: Tuesday, January 24, 2012

Frequently Asked Questions:

1. Q. What is the lawsuit about?

A. In a complaint filed on October 1, 2008, the plaintiffs alleged that the defendants were fiduciaries of the Rockford Products Corporation (“RPC”) Savings and Retirement Plan (“SRP”) and the Employee Stock Ownership Plan (“ESOP”)(collectively, the “Plans”) and breached their fiduciary duties under ERISA, by causing the Plans to purchase RPC Stock at a time when, according to plaintiffs, the stock was an imprudent investment for the Plans.

2. Q. Do I have a lawyer in this case?

A. The Court has appointed the law firm of Donaldson Guin, LLC, as class counsel for Plaintiffs in the Action. You will not be charged directly by these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

3. Q. How do I know whether I am part of the Settlement Class?

A. The Settlement Class consists of all persons who were participants in or beneficiaries of the Plans whose accounts directly or indirectly held RPC stock when RPC filed for Chapter 11 bankruptcy on July 25, 2007 (except for the Individual Defendants). If you are not sure whether you are a member of the Settlement Class, you may call the Claims Administrator at (866) 274-4004.

4. Q. Can I exclude myself from the class?

A. No, you do not have the right to exclude yourself from the Settlement in this case. Assuming that the Court finally approves the Settlement, you will be bound by any judgments or orders that are entered in this Action. However, you will not receive any of the settlement money if you do not file a Claim Form.

5. Q. Can I object to the settlement?

A. Yes, you can object to the settlement. You must follow the details about objecting to the Settlement on pages 6 and 7 of the Notice.

6. Q. May I speak at the Hearing?

A. You may ask the Court for permission to speak at the Fairness Hearing, but you must first file your objection papers as described on pages 6 and 7 of the Notice.

7. Q. How can I find out how much I receive under the settlement?

A. Final payout numbers cannot be computed until after the claim deadline. You can call Strategic Claims Services at 866-274-4004 to receive a preliminary estimate.

8. Q. How do I get my money under the settlement?

A. File a Claim Form as described in the Notice. Copies of the Notice and Claim Form are available on this Website

9. Q. Who decided how much money each class member will receive?

A. The Court decided on the Plan of Allocation, after considering submissions and arguments of the parties.

10. Q. Will I have to pay taxes on the settlement money?

A. We cannot answer that question. Please consult your accountant or tax advisor.

11. Q. When will the settlement money be paid?

A. Probably in May of 2012, if there are no appeals.

12. Q. Can I roll over the money I receive into another retirement account or plan?

A. The Claim Form you received provides instructions if you wish to roll over. We cannot advise you further in regard to roll overs. Please consult your accountant or tax advisor.

13. Q. How do I report a death, name change or address change?

A. Please call Strategic Claims Services at 866-274-4004 and someone can assist you.

14. Q. When is the deadline for filing a claim?

A. Claims must be postmarked or received by Strategic Claims Services by March 14, 2012.

15. Q. How do I make sure the settlement administrator has the correct information about my ESOP and 401(k) to use in calculating my payment under the settlement?

A. You can call Strategic Claims Services at 866-274-4004 to make sure they have the correct information for you.

16. Q. Can I obtain information about other class members?

A. The settlement administrator is not permitted to disclose that information.

17. Q. I previously saw a list of payouts under the settlement showing what various people were to receive under the settlement. Was that accurate?

A. No. No list of payouts has been made available. The list you saw may have been a proposal that was not adopted by the Court.

18. Q. What if I have a question that is not covered by these FAQs?

A. Please refer to the Notice for further information, or if that does not answer your question, call Strategic Claims Services at 866-274-4004.