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NOTICE OF CLASS ACTION SETTLEMENT
This notice advises you of the Settlement of Cevasco v. Allegiant Travel Company, Case No. 2:22-cv-01741 (D. Nevada) (the “Action”). On October 17, 2022, Plaintiff Cevasco filed a Class Action Complaint asserting claims under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1109, 1132, for breach of fiduciary duties against Defendant. On April 23, 2024, Plaintiff filed a First Amended Class Action Complaint which added Plaintiffs Jack Jones, Patrick Jackson, and Paul Radvansky. The Settlement, if approved by the Court, would release Defendant and related parties from any claims filed against them in the Action. The terms and conditions of the Settlement are set forth in a Class Action Settlement Agreement (the “Settlement Agreement”). Capitalized terms used in this Notice but not defined in this Notice 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 in the Important Court Documents section or by contacting Class Counsel, as described below.
The Parties have agreed to settle this case for $1,700,000.00 (the “Gross Settlement Amount”). The Court has preliminarily approved the Settlement, which provides for allocation of Settlement funds to Members of the Settlement Class.
The Court has scheduled a hearing concerning Final Approval of the Settlement, Class Counsel’s motion for attorney’s fees and costs, and for a Case Contribution Award to the Plaintiffs. That hearing, before the Honorable Jennifer A. Dorsey is scheduled on May 9, 2025, at 10:00 a.m. in Courtroom 6D, at the U.S. District Court, 333 Las Vegas Blvd South, Las Vegas, Nevada 89101.
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, the motion for attorney’s fees and costs, and/or the request for Plaintiffs’ Case Contribution Awards must be served in writing on the Court and the Parties’ counsel. More information about the hearing and how to object is explained below.
YOUR LEGAL RIGHTS WILL BE AFFECTED WHETHER OR NOT YOU TAKE ANY ACTION. READ THIS NOTICE CAREFULLY. PLEASE DO NOT CONTACT DEFENDANT OR THE COURT. THEY WILL NOT BE ABLE TO ANSWER YOUR QUESTIONS.
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
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You can do nothing. (No action is necessary to receive a payment.) |
If the Settlement is approved by the Court and you are a Member of the Settlement Class entitled to a payment under the Plan of Allocation, you do not need to do anything to receive a payment. |
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You can submit an objection. (It must be postmarked by April 9, 2025.) |
If you wish to object to any part of the Settlement, you may write to the Court and Counsel and explain why. For more information and where to send your objection, see Question 13, below. |
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You can appear at the Final Fairness Hearing on May 9, 2025. |
If you submit a written objection to the Settlement before the Court-Approved Deadline, you may (but do not have to) speak in Court about the fairness of the Settlement. |
These rights and options—and the deadlines to exercise them—are explained in this Notice. Information concerning your individual share of the Net Settlement Amount will not be available for a number of months after the Court grants Final Approval of the Settlement and any appeals are resolved. Thank you for your patience.