Longo v. Trojan Horse Ltd.

United States District Court,
Eastern District of North Carolina

Case No. 5:13-cv-418-BO

If you were an employee participant in the Trojan Horse Ltd. 401(k) Retirement Plan from January 1, 2011, through September 20, 2016, you could get a payment from a class action settlement.

Important Dates

May 7, 2018 - Deadline to submit an Objection.

May 7, 2018 - Deadline to request to speak at the hearing.

June 5, 2018 - FINAL ORDER AND JUDGMENT entered. Upon calculation of Allocated Shares, Class Members will be contacted. This may take up to 8 months. Please be patient.

PLEASE DO NOT CALL THE JUDGE OR THE COURT CLERK TO ASK QUESTIONS ABOUT THIS LAWSUIT OR NOTICE.

Plaintiffs sued Ascensus and several other defendants including the employers Trojan Horse, Ltd., Glen Burnie Hauling, Inc., BDH Logistics, LLC, or Capitol Expressways, Inc. (the “Trojan Horse Companies”) and the individuals, Brian Hicks, Susan Stubbs and Sherry Korb. All defendants besides Ascensus either never responded to the suit or were dropped.

In their lawsuit, Plaintiffs claimed that they and other participating employees in the Plan contributed a portion of their wages into the Plan, but those contributions were never deposited by the Trojan Horse Companies. Plaintiffs claim Ascensus, which was directed trustee for the Plan, violated the Employee Retirement Income Security Act of 1974 (“ERISA”), by not ensuring the contributions were properly paid into the Plan on behalf of Class Members. The trial court agreed, and concluded Ascensus and the other defendants in the case were liable to Class Members for their unpaid Plan contributions, which the Court awarded in the amount of $2,985,914.27.

Ascensus appealed the trial court’s ruling, and while the case was on appeal, Plaintiffs and Ascensus agreed to a proposed settlement, among other reasons, to avoid further costs and delays in getting Class Members the monies the Court ruled they were entitled to receive.

Please read the Notice carefully to understand your rights.

For further Information, please contact Metro Benefits, Inc.

Phone Number: 1-412-847-7600 (ask for Kristie)

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