Frequently Asked Questions

A court authorized this notice to let you know about a proposed settlement of the class action lawsuit called Rogers v. Advocate Aurora Health, Inc., et al., Case No. 1:24-cv-8864 (N.D. Ill.), filed in the United States District Court for the Northern District of Illinois, Eastern Division (the “Action”). The Court ordered this notice to be sent to you because you have a right to know about the Settlement and the options available to you regarding the Settlement before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after any objections and appeals are resolved, the Net Settlement Amount will be allocated among the Settlement Class according to a Court-approved Plan of Allocation.

This notice describes the Settlement. Please read this notice carefully. Your rights and options—and the deadlines to exercise them—are explained in this notice. Please understand that if you are a Class Member, your legal rights are affected regardless of whether you act.

In a class action, one or more Plaintiffs called “Class Representatives” sue on behalf of many people who have similar claims.
All the individuals on whose behalf the Class Representatives are suing are “Class Members.” One court resolves the issues for all Class Members. In its order setting the Final Approval Hearing, the Court preliminarily certified the Settlement Class in the Action.

Class Representatives filed a class action complaint against Defendants on behalf of a class of Plan participants and beneficiaries alleging that Defendants violated ERISA in connection with the Wellness Program, including the Healthy Breathe program, the imposition and administration of tobacco or nicotine surcharges, the notice of a reasonable alternative standard, the full reward required by applicable law, and fiduciary duties. A complete description of Plaintiffs’ allegations is in the Complaint and is available on the Settlement Website at www.aaherisasettlement.com. Defendants have denied and continue to deny Plaintiffs’ claims and allegations in their entirety, deny that they are liable to Plaintiffs or the Class Members, and deny that Plaintiffs, Class Members, or the Plan have suffered any harm or damage. Defendants deny all allegations of wrongdoing and assert that their conduct was lawful. Defendants are settling the Action solely to avoid the expense, inconvenience, and inherent risk and disruption of litigation.

The Court has not reached any final decision in connection with Plaintiffs’ claims against Defendants. Instead, the Settling Parties have agreed to a Settlement. In reaching the Settlement, they have avoided the cost, risks, time, and disruption of prolonged litigation and trial. Class Counsel believe that the Settlement is the best option for the Settlement Class.

The Court decided that everyone who fits this description is a Class Member:

(1)    The individual resides in the United States;

(2)    The individual paid a tobacco or nicotine surcharge in connection with participation in the Advocate Aurora Health Welfare Benefit Plan, whether for the individual and/or a dependent, including a covered spouse or covered domestic partner, during the Class Period; and

(3)    The Class Period is September 25, 2018 through December 31, 2025.

Excluded from the Settlement Class are Defendants’ named officers and directors, named fiduciaries of the Plan, counsel for the parties, and any members of the federal judiciary assigned to the Action.

Defendants have agreed to pay $8,950,000 into a Qualified Settlement Fund, which will be used to pay expenses associated with administering the Settlement, the fees and expenses of the Independent Fiduciary, Class Counsel’s attorneys’ fees and costs not to exceed one-third (33.33%) of the Gross Settlement Amount, Case Contribution Awards of up to $7,500 per Class Representative, and benefits to Class Members. The Net Settlement Amount will be distributed to Class Members in proportion to the net tobacco or nicotine surcharges each paid during the Class Period.

The amount of each Class Member’s payment will be determined according to a Plan of Allocation set forth in the Settlement Agreement, which will be available on the Settlement Website at www.aaherisasettlement.com prior to the Final Approval Hearing. Each Class Member will receive payment under the Settlement directly in the form of a check.

If the Settlement is given final approval, you will not have to do anything to get a payment from the Settlement if you are entitled to one under the Plan of Allocation. Checks will be mailed automatically to the last known address of each Class Member after the Settlement becomes final.

Checks will be valid for 180 calendar days from the date of issue. If a check is not cashed within 180 calendar days, the Settlement Administrator will handle the remaining funds in accordance with the Settlement Agreement and the Plan of Allocation. Amounts allocable to Class Members who cannot be located or otherwise cannot receive their Settlement payment or did not cash their checks after 180 calendar days shall be contributed half to Advocate Charitable Foundation and half to Aurora Health Care Foundation, Inc. No such funds shall revert to or be returned to Defendants or any insurer.

The hearing to consider whether to finally approve the Settlement is scheduled for February 4, 2027. The balance of the Net Settlement Amount will be allocated to Class Members pursuant to the Plan of Allocation as soon as possible after final approval has been obtained for the Settlement, including any appeals. Any appeal of the final approval may take a year or more. Please be patient.

These payments may have certain tax consequences; you should consult your tax advisor. Defendant,
Defense Counsel, and Class Counsel cannot provide tax advice concerning the Settlement.

There will be no payments if the Settlement is terminated.

The Court has appointed Oren Faircloth and Mason A. Barney of Siri & Glimstad LLP to represent the Class Members as Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

In addition, the Court appointed Kelly Rogers, Kathryn Deisinger O’Flaherty, and Wyndham Hasler to serve as the Class Representatives. They are also Class Members. Subject to approval by the Court, Class Counsel has proposed that up to $7,500 may be paid to each Class Representative in recognition of the time and effort expended on behalf of the Class Members. The Court will determine the proper amount of any such award. The Court may award less than the requested amount.

Class Counsel have not received any payment for their services in prosecuting the Action or obtaining the Settlement, nor have they been reimbursed for any out-of-pocket expenses they have incurred. Class Counsel will apply to the Court for an award of attorneys’ fees and costs not to exceed one-third (33.33%) of the $8,950,000 Settlement. The Court will determine the proper amount of attorneys’ fees and costs to award Class Counsel. Any attorneys’ fees and costs awarded by the Court will be paid to Class Counsel from the Gross Settlement Amount out of the Qualified Settlement Fund.

If the Court grants final approval of the Settlement, a final order and judgment dismissing the Action will be entered. Once the appeal period expires or any appeal is resolved, payments under the Settlement will then be processed and distributed, and the Release outlined in the Settlement Agreement will also take effect. All Class Members will release and forever discharge Defendants and the Released Parties, as defined in the Settlement Agreement, from any and all Released Claims, as defined in the Settlement Agreement. Please refer to the Settlement Agreement for a full description of the claims and persons and entities that will be released upon final approval. No Class Member will be permitted to continue to assert Released Claims in any other litigation against Defendants or the other persons and entities covered by the Release. If you object to the terms of the Settlement Agreement, you must notify the Court of your objection.

If you do nothing, and the Settlement is finally approved, you will release all claims that were or could have been asserted in the Action against Defendants and the Released Parties, as described in the Settlement Agreement. You will also receive a payment to which you are entitled.

In some class actions, class members can exclude themselves from the Settlement. This is sometimes referred to as “opting out” of the Settlement. Because of the legal issues involved in the Action, however, the Class affected by this Settlement has been preliminarily certified as a mandatory class. This means you cannot opt out of the benefits of the Settlement to pursue your own claims or for any other reason. Therefore, you will be bound by any judgments or orders entered in this Action, and if the Settlement is approved, you will be deemed to have released Defendants and the Released Parties from the Released Claims, as defined in the Settlement Agreement, including claims asserted on your behalf or on behalf of the Plan, other than your right to obtain the relief provided to you, if any, by the Settlement. Although you cannot opt out of the Settlement, you can object to the Settlement and ask the Court not to approve it, as described below.

No. If the Court approves the Settlement, you will have given up any right to sue Defendants and the other Released Parties for all Released Claims covered by the Settlement.

To object, you must prepare a written statement of your objection, specifying the reasons for each objection and signing the statement, and include: (1) your full name, current address, and current telephone number, and, if you are represented by counsel, your counsel’s name and contact information; (2) whether your objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class; (3) a statement of the position(s) you wish to assert; (4) copies of any documents you wish to submit in support of your position; and (5) a list of any other objections to any class action settlements you have submitted in any court, whether state, federal, or otherwise, in the United States in the previous five (5) years. Be sure to include the following case caption and notation: “Rogers v. Advocate Aurora Health, Inc., et al., Case No. 1:24-cv-8864 (N.D. Ill.).” You must file your objection with the Court and mail it to each of the addresses listed below, postmarked no later than twenty-eight (28) calendar days before the Final Approval Hearing, or January 7, 2027. If you fail to do so, the Court will not consider your objection. If you plan to speak at the Final Approval Hearing, you must send a Notice of Intention to Appear along with your objection. You may request permission to speak at the Final Approval Hearing only if you have filed and served a timely objection to the Settlement.

To do so, you must submit a written “Notice of Intention to Appear at Final Approval Hearing in Rogers v. Advocate Aurora Health, Inc., et al., Case No. 1:24-cv-8864 (N.D. Ill.)” that includes the Objector’s and, if applicable, the Objector’s attorney’s name, address, and telephone number. You must file the Notice of Intention to Appear with the Court and mail it to each of the addresses listed below, postmarked no later than twenty-eight (28) calendar days before the Final Approval Hearing, or January 7, 2027. If you fail to do so, you will not be permitted to appear at the Final Approval Hearing, except for good cause shown.

Mail the objection to each of the addresses listed below, postmarked no later than twenty-eight (28) calendar days before the Final Approval Hearing, or January 7, 2027. You must mail your objection by this date. If you fail to do so, the Court will not consider your objection.

Mail the Notice of Intention to Appear to each of the addresses listed above, postmarked no later than twenty-eight (28) calendar days before the Final Approval Hearing, or January 7, 2027. You must mail your Notice of Intention to Appear by this date. If you fail to do so, you will not be permitted to appear at the Final Approval Hearing.

Class Counsel will file with the Court their request for attorneys’ fees and costs forty-five (45) days prior to the Final Approval Hearing. The Final Approval Hearing has been set for February 4, 2027, at 9:15am at the Everett McKinley Dirksen United States Courthouse, in Courtroom 1425 at 219 South Dearborn Street, Chicago, Illinois 60604, unless the Court orders that it be held by remote means or on a different date or at a different time.

At the hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will hear any comments, objections, and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees and costs and the Case Contribution Awards to the Class Representatives. You do not need to attend this hearing, and you do not need to attend to have an objection considered by the Court. Note: The date, time, and location of the Final Approval Hearing are subject to change by Court Order, but any changes will be posted on this website.

No. Class Counsel will answer any questions the Court may have. But you are welcome to come at your own expense. If you send an objection and/or comment, you don’t have to come to Court to talk about it as long as any written objection and/or comment you choose to make is filed and mailed on time and meets the other criteria described above. You may also pay another lawyer to attend, but you don’t have to.

This notice provides only a summary of the matters relating to the Settlement. For more detailed information, you may wish to review the Settlement Agreement. You can view the Settlement Agreement and get more information under the Case Documents tab. You can also get more information by writing to the Settlement Administrator at Rogers v. Advocate Aurora Health, P.O. Box 301130, Los Angeles, CA 90030-1130, or Class Counsel at the address listed above.

The Agreement and all other pleadings and papers filed in the case are also available for inspection and copying during regular business hours at the office of the Clerk of the United States District Court for the Northern District of Illinois, Eastern Division, Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604. If you would like additional information, you can also call 1-888-808-2754.

PLEASE DO NOT CONTACT THE COURT, THE JUDGE,
OR DEFENDANTS WITH QUESTIONS ABOUT THE SETTLEMENT.