Who is included in the Settlement Class?
The class period runs from September 10, 2019, through September 14, 2026. Whether a particular person qualifies depends on the Plan records and the settlement definition.
- People who participated in the Caliber Holdings LLC Retirement Savings Plan during the class period.
- A beneficiary of a participant who died, if that participant was in the Plan during the class period.
- An alternate payee under a qualified domestic relations order (QDRO) for a person who participated during the class period. A QDRO is a court order that can assign part of a retirement benefit, often in a family-law case.
How is each person’s settlement payment calculated?
The notice does not give an individual payment estimate. A third-party Settlement Administrator will perform the calculation under a Plan of Allocation that must be approved by the Court.
- Your share starts with the administrative expenses deducted from your Plan account during each year of the class period. This total is called your Expense Balance.
- The administrator compares your Expense Balance with the Expense Balances of all class members, then uses that proportion to calculate an initial amount.
- The available amount is the Net Settlement Amount, not the full $750,000 fund. It is what remains after approved fees, costs, taxes, any award to the class representative, and administration costs are paid.
- Amounts below the applicable minimum are not paid. The rest of the Net Settlement Amount is then reallocated among class members who meet the minimum.
What are the minimum payment amounts?
The notice uses different minimum amounts for active and former participants.
- A class member with an active Plan account receives no payment if the preliminary amount is under $1.
- A former participant receives no payment if the preliminary amount is under $10.
How will payments be delivered?
Former participants who have not given the Plan a current address are told to contact Class Counsel.
- If you have a positive Plan-account balance when the final amount is calculated, the payment is put into the Plan.
- If that account closes after the final amount is calculated but before payment, the notice says the payment will be sent by check.
- Former participants are paid by check directly from the Settlement Administrator.
- Former-participant checks are valid for 180 days from their issue date.
Do I need to submit a claim or documents to receive a payment?
The notice says each person receiving a payment is responsible for taxes associated with that payment.
- You do not file a claim form.
- You do not have to provide records showing your Plan activity.
- The Settlement Administrator uses the Plan’s account records to determine any payment.
When might payments be made?
The notice gives no payment date. It also says there will be no payments if the Settlement Agreement is terminated.
- The Court must give final approval.
- An independent fiduciary for the Plan must approve the settlement.
- The Net Settlement Amount must be transferred to the Plan and individual amounts must be calculated.
- Objections or appeals can lengthen the process, possibly by several years.
Can I opt out, and what happens if the settlement is approved?
The notice summarizes the release but says the complete definitions and terms are in the Settlement Agreement.
- No. This is a non-opt-out class action, so class members cannot exclude themselves from the settlement.
- If approved, class members and people claiming through them release the claims covered by the settlement.
- You may still object and ask the Court not to approve the settlement.
What does an objection need to include?
The notice sets December 15, 2026 as the objection deadline, but its instructions conflict on whether the objection must be received by then or merely mailed by then. See the issue noted above.
- Send a written objection that identifies the case and includes your name, address, telephone number, signature, and a full explanation of your reasons.
- File the objection with the Clerk of the United States District Court for the Eastern District of Texas.
- Also provide a copy to both Class Counsel and Defense Counsel by email or mail.
May I attend or speak at the Fairness Hearing?
The hearing is currently scheduled for January 14, 2027, at 10:00 a.m. The Court may change the time, place, or format, including holding it by telephone or video conference.
- You may attend even if you do not object.
- To speak, you must first submit a written objection and file a Notice of Intention To Appear with the Court.
- The notice says the Notice of Intention To Appear must also be received by the attorneys listed in the objection instructions by December 15, 2026.
Other Important Dates
- Objection deadline: 2026-12-15
- Final approval hearing: January 14, 2027, 10:00 a.m.
- Hearing location: United States District Court for the Eastern District of Texas, or such other courtroom as the Court may designate.
Case Details
- Total settlement fund: $750,000.00
- Case name: Fordyce v. Wand Newco 3, Inc. d/b/a Caliber Collision
- Case number: 4:25-cv-00997-ALM
- Court: United States District Court for the Eastern District of Texas, Sherman Division
- Official Settlement Website: https://www.Caliber401kSettlement.com
Sources
Claim form, FAQ, deadlines, administrator information
Court-approved notice describing eligibility and benefits
