This website advises you of the Settlement of Hoye v. CHA General Services, Inc., Case No. 1:23-cv-13238 (D. Mass) (the “Action”).

On December 29, 2023, Plaintiffs Susan J. Hoye and Leonardo Jimenez filed a Class Action Complaint on behalf of the Cambridge Health Alliance Partnership 403(b) Plan (the “Plan”) asserting claims under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1109, 1132, for breach of fiduciary duties against CHA General Services, Inc. (“CHA”) and its Retirement Plan Committee (the “Committee” and, collectively with CHA “Defendants”) during the period from December 29, 2017 through February 13, 2026 (the “Class Period”). The Action also names certain unspecified “John Doe” individuals as members of the Committee.

The parties in the Action have reached a Settlement and, if approved by the Court, the Settlement will release Defendants and related parties from any claims filed against them in the Action or arising out of the administration of the Plan during the Class Period. The terms and conditions of the Settlement are set forth in a Settlement Agreement & Stipulation (the “Settlement Agreement”). Capitalized terms used in the Notice and this website but not defined in the Notice or this website have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement and additional information with respect to the Action and the Settlement are available on the Important Documents page.

The Parties have agreed to settle this case for $595,000.00 (the “Gross Settlement Amount”). The Court has scheduled a hearing concerning Final Approval of the Settlement and Class Counsel’s anticipated motion for attorney’s fees and costs. That hearing, before the Honorable Myong J. Joun is scheduled on May 12, 2026, at 3:00 p.m. ET in Courtroom 20, 7th Floor of the U.S. District Court, John Joseph Moakley United States Federal Courthouse, 1 Courthouse Way, Suite 9200 Boston, MA 02210.

If Final Approval is granted, the Settlement will bind you as a member of the Settlement Class. You may appear at this hearing and/or object to the Settlement. Any objection to the Settlement and/or the motion for attorney’s fees and costs must be served in writing on the Court and the Parties’ counsel. More information about the hearing and how to object is found on the FAQs page.

Your legal rights will be affected whether or not you take any action. Read this website carefully. Please do not contact Defendants or the Court. They will not be able to answer your questions.

Summary of the Action

As described in more detail on the FAQs page, Plaintiffs’ First Amended Class Action Complaint alleges on behalf of the Plan that Defendants breached ERISA fiduciary duties of prudence owed to participants in and beneficiaries of the Plan during the Class Period. Defendants deny these allegations. The Action is brought on behalf of the Plan and seek recovery on behalf of the Plan during the Class Period.

Copies of the Class Action Complaint, Settlement Agreement, and related documents are available on the Important Documents page.

Summary of the Settlement Agreement

The Settlement Agreement provides that Defendants will pay $595,000.00, which will be deposited into an account called the Qualified Settlement Fund. After payment of attorneys’ fees and litigation costs, and any expenses related to administration of the Settlement, the amount remaining in the Qualified Settlement Fund shall constitute the Net Settlement Amount and will be allocated among members of the Settlement Class according to a Plan of Allocation to be approved by the Court.

Statement of Potential Outcome of the Action

Class Counsel believe that the claims against Defendants are well-grounded in law and fact and that ERISA violations have occurred in the Action. However, as with any litigated case, members of the Settlement Class would face an uncertain outcome if the Action was to continue against Defendants. Continued litigation of the Action could result in a range of possible recoveries, including a judgment or verdict greater or less than the recovery under the Settlement Agreement, or no recovery at all.

Class Counsel believe that this Settlement reflects a reasonable compromise in light of the range of possible outcomes. Class Counsel believe that the Settlement is preferable to continued litigation and is in the best interest of the members of the Settlement Class because the Settlement provides certainty with respect to the amount of recovery and results in a prompt recovery.

Throughout this litigation, Defendants have denied and continue to deny the claims and contentions alleged by Plaintiffs. Defendants have strong and well thought-out defenses. Nevertheless, Defendants have concluded that it is desirable for the Action to be fully and finally settled as to it and the other Released Parties on the terms and conditions set forth in the Settlement Agreement.

The Court has not finally ruled in favor of either side. Both sides agreed to the Settlement to ensure a resolution and avoid the cost and risk of further litigation.

Statement of Fees and Expenses Incurred by an Independent Fiduciary and the Settlement Administrator

An Independent Fiduciary is evaluating the Settlement and will be asked to authorize the Settlement on behalf of the Plan. The fees and expenses incurred by the Independent Fiduciary (including fees and expenses incurred by consultants, attorneys, and other professionals retained or employed by the Independent Fiduciary and fees associated with the recordkeeper’s administration of the Settlement) in the course of evaluating and authorizing the Settlement on behalf of the Plan will be deducted from the Gross Settlement Amount. Class Counsel believe and are informed that these fees and expenses are unlikely to exceed $25,000.00.

A Settlement Administrator has been engaged to mail the Notice to the Members of the Settlement Class, administer the Settlement, and allocate the Net Settlement Amount among Members of the Settlement Class. The fees and expenses for the Settlement Administrator will be paid from the Gross Settlement Amount. Class Counsel believe and are informed that the Settlement Administrator’s fees and expenses will not exceed $100,000.00.

Statement Of Attorney’s Fees And Expenses Sought In The Action

Class Counsel will submit a fee petition to the Court in which they will ask the Court to award them attorneys’ fees in an amount not to exceed 33% of the Gross Settlement Amount, plus reimbursement of out-of-pocket costs and expenses advanced by Class Counsel and reasonably incurred in prosecuting the Action.