Nagy
Daniel E. Nagy, et al. v. CEP America, LLC, et al.
Opinion
trial_court Opinion
I. INTRODUCTION
16 Plaintiffs have filed a motion for attorneys’ fees, reimbursement of expenses, and plaintiff 17 service awards. Dkt. 72. The fairness hearing was held on October 16, 2025. Having considered 18 the motion, all exhibits and attachments thereto, the record in this matter, and the briefs and 19 arguments of counsel, the motion for attorneys’ fees, reimbursement of expenses, and plaintiff 20 service awards is granted as set forth below. 21
II. BACKGROUND
22 Plaintiffs, employees of MedAmerica (the “Company”), brought Employee Retirement 23 Income Security Act (ERISA) claims in November 2023 against Defendants, CEP America, LLC 24 (aka Vituity) and the MedAmerica Retirement and Benefits Committee. Plaintiffs’ suit arises out of 25 the 401(k) plan (the “Plan”) offered to employees. Plaintiffs aver the Company improperly paid 26 itself “administrative fees” out of employees’ retirement savings, allowed overcharges by the Plan’s 27 third-party recordkeeper Schwab Bank, imprudently used Schwab Bank Savings Accounts in the 1 Plan despite common alternatives offering higher returns at comparable risk, and otherwise poorly 2 managed the investment of 401(k) savings in…