UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
NOTICE OF PENDING CLASS ACTION SETTLEMENT AND FAIRNESS HEARING
Laidig v. GreatBanc Trust Company, Case No. 22-CV-01296 (N.D. Ill.)
This is a notice of a proposed partial class action settlement.
If you participated in or received benefits from the Vi-Jon Employee Stock Ownership Plan (n/k/a Emprise Group, Inc. Employee Stock Ownership Plan), a class action lawsuit may affect your rights.
A Federal Court authorized the Notice.
You are not being sued. This is not a solicitation from a lawyer.
A federal lawsuit alleges that GreatBanc Trust Company (“GreatBanc”), as a fiduciary to the Vi-Jon Employee Stock Ownership Plan n/k/a Emprise Group, Inc. Employee Stock Ownership Plan (“Plan”), caused the Plan to engage in a transaction prohibited by the Employee Retirement Income Security Act (“ERISA”). This case was filed on March 10, 2022 against GreatBanc, Berkshire Fund VI, L.P. (“Berkshire”), John G. Brunner, and the John G. Brunner Revocable Trust dated 06-09-1992 (collectively, “Defendants”).
A partial Settlement has been reached that encompasses all claims in this case against John G. Brunner, the John G. Brunner Revocable Trust dated 06-09-1992, and 12 other Affiliated Family Trusts related to the Brunner family (collectively, the “Brunner Defendants”). The Brunner Defendants deny all claims, and nothing in the Settlement is an admission or concession on their part of any fault or liability whatsoever.
The Court has not certified a class with regards to the rest of the Defendants and has not decided whether the Defendants did anything wrong. This partial Settlement does not affect the claims in this lawsuit against the non-settling Defendants.
For the purposes of this Settlement only, the Settlement Class is defined as: All participants and beneficiaries of the Vi-Jon Employee Stock Ownership Plan (n/k/a Emprise Group, Inc. Employee Stock Ownership Plan) at any time since its inception with a vested Plan balance on or prior to October 29, 2024, excluding Defendants, the directors of Vi-Jon or of any entity in which a Defendant has a controlling interest, and legal representatives, successors, and assigns of any such excluded person.
The Settlement will provide, among other things, for a $1.0 million Gross Settlement Fund that will be allocated to eligible Settlement Class Members after any Court-approved deductions.
The terms and conditions of the Settlement are set forth in the Settlement Agreement dated January 27, 2025. Capitalized terms used in the Notice but not defined in the Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available on this website HERE, and additional information can be found in the FAQ section of this website for Active ESOP Participants HERE and Non-Active ESOP Participants HERE. You may also call 800-291-5085 for additional information.
Your rights and the choices available to you—and the applicable deadlines to act—are explained in the Notice.
The Court still has to decide whether to approve the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement, and that final approval is upheld in the event of any appeal.
A Fairness Hearing will take place on August 12, 2025, at 10:15 a.m., before the Honorable Judge LaShonda A. Hunt, United States District Court for the Northern District of Illinois, 219 South Dearborn Street, Chicago, IL 60604, in Courtroom 1425, to determine whether to grant final approval of the Settlement and approve the requested Attorneys’ Fees and Costs, Administrative Expenses, and Class Representative Service Awards. If the Fairness Hearing is rescheduled, or if it is held by video conference or telephone, a notice will be posted on this Settlement Website.
Any objections to the Settlement, or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representative Service Awards, must be served in writing on Class Counsel and counsel for the Brunner Defendants, as identified on page 5 of the Settlement Notice.