On July 19 2024, the Court entered a Final Approval Order and Judgment approving the Settlement and an Order Awarding Plaintiffs’ Counsel Attorneys’ Fees and Reimbursement of Expenses and Plaintiffs’ Case Contribution Awards. You may view the documents here:
Welcome to the official Advance Auto Stores ERISA Settlement Website.
This website contains information regarding the consolidated class action certified by the Court in Pagans et al. v Advance Auto Stores Company, Inc. et al., Case Number 7:21-cv-005490-MFU.
The Action is currently pending in the United States District Court for The Western District of Virginia, Roanoke Division. This litigation (the “Action”) is a class action in which Plaintiffs— Janet Sweet, Safi M. Riaz, Bessie M. McAdams, Keith O. Edwards, and Peter H. Dargel —allege that the Defendants breached ERISA fiduciary duties owed to the participants and beneficiaries of the Plan by, among other things, failing to attempt to reduce the Plan’s expenses or exercise appropriate judgment to scrutinize each investment option that was offered in the Plan to ensure it was prudent. Defendants have denied and continue to deny all the claims and allegations in the Action and deny any liability or wrongful conduct of any kind. Defendants believe they have administered the Plan lawfully, properly, prudently, and in the best interests of all Plan participants.
On this website, you can:
Review a list of Frequently Asked Questions (FAQs)
Read the Long Form Class Notice
Who’s Included? The Class certified by the Court include the following persons:
You are a member of the Settlement Class if you fall within the definition of the Settlement Class preliminarily approved by Judge Michael F. Urbanski:
All persons, except individual Defendants and their immediate family members, who were participants in or beneficiaries of the Plan, at any time during the Class Period, and any Alternate Payee of a Person subject to a QDRO who participated in the Plan at any time during the Class Period.
The “class period” referred to in this definition is from October 20, 2015 to March 12, 2024.
What are my Options?
You do not have the right to exclude yourself from the Settlement. The Settlement Agreement provides for certification of the Settlement Class as a non-opt-out class action under Federal Rule of Civil Procedure 23(b)(1), and the Court has preliminarily determined that the requirements of that rule have been satisfied. Thus, it is not possible for any Settlement Class members to exclude themselves from the Settlement. As a Settlement Class member, you will be bound by any judgments or orders that are entered in the Action for all claims that were or could have been asserted in the Action or are otherwise released under 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 a Class Member, do I have a lawyer representing me?
The Court has preliminarily appointed the law firms of Capozzi Adler, P.C., Aaron B. Houchens, P.C., and Fitzgerald, Hana, Sullivan, PLLC. as Class Counsel for the Named Plaintiffs in the Action.
Further Information
Class Counsel has established a toll-free phone number to receive your comments and questions: (866) 220-0004. You may also send an email to settlement@CapozziAdler.com. In the subject line please write “Advance Stores Settlement.” You should contact Class Counsel with any questions regarding this Settlement, not the Court, Advance Store, or counsel for the Defendants.