The class action being settled is captioned Engel v. Gannon University, Civil Action No. 1:23-cv-244-SPB (W.D. Pa.). This case is a putative class action, meaning that the Settlement Class Representative— Andrew Engel—brought this action as an individual acting on behalf of a putative class of all people who paid tuition and/or fees for the Spring 2020 semester at Gannon. The Settlement Class Representative alleged claims for breach of contract and unjust enrichment. After Gannon filed an Answer and Affirmative Defenses, class discovery commenced, and with the help of a mediator the Parties came to the proposed Settlement.

If you received notice of this lawsuit, it is because Gannon’s records indicate that you were enrolled at the University during the Spring 2020 semester and were assessed tuition and/or fees that are the subject of this Action. The Court directed that this notice be made available to all Potential Settlement Class Members because each member has a right to notice of the proposed Settlement and the options available to them before the Court decides whether to approve the proposed Settlement.

If you were enrolled at Gannon after March 16, 2020, were assessed tuition and/or fees for the Spring 2020 semester, and were not enrolled for the Spring 2020 semester solely in classes that, at the beginning of the Spring 2020 semester, were delivered as an online program, then you potentially qualify as a Settlement Class Member.

In any lawsuit, there are risks and potential benefits that come with litigating as compared to settling. It is the Settlement Class Representative’s and their lawyers’ (“Class Counsel”) job to identify when a proposed Settlement offer is sufficient and justifies settling the case instead of continuing to litigate. In a class action, class counsel determines when to recommend settling to the class representative. The class representative then has a duty to act in the best interests of the class as a whole when deciding whether to accept this recommendation. In this case, it is the belief of the Settlement Class Representative and Class Counsel that this proposed Settlement is in the best interests of all Settlement Class Members.

Gannon denies the claims asserted and believes that its actions were proper and in accordance with the terms of its policies, agreements, and applicable law. Gannon denies that its actions give rise to any claim by the Settlement Class Representative or any Settlement Class Members. However, given the benefit the University and its students will receive from a negotiated settlement and prompt resolution of the case, Gannon considers it desirable to resolve the Action.

The Court must decide that the proposed Settlement is fair, reasonable, and adequate before it will approve the proposed Settlement. At this time, the Court has already reviewed and decided to grant preliminary approval of the proposed Settlement, after which notice was disseminated to Potential Settlement Class Members. The Court will make a final decision regarding the proposed Settlement at a Final Approval Hearing, which is currently scheduled for June 21, 2024.

If you are a Potential Settlement Class Member, you have three options with respect to this proposed Settlement: (1) do nothing and be eligible to participate in the proposed Settlement and receive the Settlement Benefit allocated to you according to the terms of the proposed Settlement; (2) opt out of the proposed Settlement; or (3) participate in the proposed Settlement, but object to it. Each of these options is described further below.

a. If you do nothing, and the proposed Settlement is approved by the Court, you will be eligible to participate in the proposed Settlement and to receive the Settlement Benefit allocated to you according to the terms of the proposed Settlement. Your payment will be sent automatically by First-Class U.S. Mail to your last known mailing address on file with the University Registrar. Settlement Class Members will also have the option, but are not required, to choose one or more of the following selections on this website: (a) provide an updated address for sending a check; (b) elect to receive the Settlement Benefit by Venmo or PayPal instead of a paper check; or (c) elect to have the Settlement Benefit applied to your Gannon student account. These actions must be taken no later than forty-five (45) days after the Effective Date, as defined in the proposed Settlement. That date will also be posted on the website when it is known, but it will be sometime after the Final Approval Hearing currently scheduled for June 21, 2024.

b. If you would like to opt out of the proposed Settlement, your request must be postmarked no later than May 8, 2024.

c. If you would like to object to the proposed Settlement, your objection must be filed no later than May 8, 2024.

If you would prefer not to participate in the proposed Settlement, then you may want to consider opting out. If you opt out, you will not receive a payment and you will keep any individual claims you may have against Gannon relating to the transition to remote learning in the Spring 2020 semester. If you believe the proposed Settlement is unreasonable, unfair, or inadequate and that the Court should reject the proposed Settlement, you may want to consider objecting to the proposed Settlement. The Court will decide if your objection is valid. If the Court agrees, then the proposed Settlement may not be approved. If your objection (or any other objection) is overruled, and the proposed Settlement is approved, then you will still receive a payment under the proposed Settlement and you will be bound by the proposed Settlement. Note that if you do not object to the proposed Settlement, and the proposed Settlement is later approved, you cannot appeal that approval order.

No. If you do nothing, and the proposed Settlement is approved by the Court, you will be eligible to participate in the proposed Settlement and to receive the Settlement Benefit allocated to you according to the terms of the proposed Settlement. Your payment will be sent automatically by First-Class U.S. Mail to your last known mailing address on file with the University Registrar. Settlement Class Members will also have the option to (a) provide an updated address for sending a check; (b) elect to receive the Settlement Benefit by Venmo or PayPal instead of a paper check; or (c) elect to have the Settlement Benefit applied to your Gannon student account. These actions must be taken no later than forty-five (45) days after the Effective Date, as defined in the proposed Settlement. That date will also be posted on the website when it is known, but it will be sometime after the Final Approval Hearing currently scheduled for June 21, 2024.

If you opt out of the proposed Settlement, you will preserve any claims you may have against Gannon related to Gannon’s transition to remote learning in the Spring 2020 semester. However, you will not be entitled to receive a payment from this proposed Settlement—assuming that the proposed Settlement is approved by the Court.

To opt out of the proposed Settlement, you must send a written request to the Settlement Administrator at: Gannon Covid Settlement, c/o A.B. Data, Ltd., P.O. Box 173001, Milwaukee, WI 53217, which must:

a. include a statement requesting to opt out of the Settlement Class;

b. be personally signed by you;

c. include your name, address, and either a telephone number or email address;

d. include the caption for the Action: Engel v. Gannon University, Civil Action No. 1:23-cv-244-SPB (W.D. Pa.); and

e. be postmarked no later than May 8, 2024.

A request to opt out of the proposed Settlement that does not meet the above requirements, or that is sent to an address other than that of the Settlement Administrator, will be invalid and the person sending the defective request will remain in the Settlement Class and, if the proposed Settlement is approved by the Court, will receive a payment, and will be bound by the proposed Settlement.

A request to opt out of the proposed Settlement must be done on an individual basis. A Potential Settlement Class Member cannot purport to opt others out of the proposed Settlement on a class or representative basis.

You can object to the proposed Settlement, or any part of it, so long as you do not opt out of the proposed Settlement, as only Settlement Class Members have the right to object to the proposed Settlement, including any attorneys’ fees sought by Class Counsel. To have your objection considered by the Court at the Final Approval Hearing, your objection must:

a. include your name, address, and either a telephone number or email address; and state that you are a Settlement Class Member;

b. be personally signed by you, the objecting Settlement Class Member;

c. contain a statement that includes all objections, states whether each objection applies only to the objector, to a subset of the Settlement Class, or to the entire Settlement Class, and states the specific reasons for all objections, including any legal arguments and evidentiary support (including copies of any documents relied upon); and

d. state whether you wish to speak at the Final Approval Hearing, and whether you are represented by counsel.

Your objection and any accompanying papers must be filed with the Clerk of Court. If you are represented by counsel, the objection must be filed through the Court’s electronic case filing (ECF) system. All objections must also be mailed at the same time to Class Counsel, Gannon’s Counsel, and the Settlement Administrator at the addresses below. All objections must be postmarked no later than May 8, 2024.

If you object to the proposed Settlement, the Court will consider your objection at the Final Approval Hearing. If the Court sustains your objection, or the objection of any other Settlement Class Member, the proposed Settlement may not be approved. If you object, but the Court overrules your objection and any other objections and approves the proposed Settlement, then you will be bound by the proposed Settlement, and you may appeal the approval order to the extent that it overrules your objection.

Objecting to the proposed Settlement is telling the Court that you do not believe the proposed Settlement is fair, reasonable, and adequate for the Settlement Class, and asking the Court to reject it. If you object to the proposed Settlement and the proposed Settlement is ultimately approved, then you are entitled to a payment and will release any claims related to Gannon’s transition to remote learning in the Spring 2020 semester. Opting out of the proposed Settlement, however, is telling the Court that you do not want to be a part of the proposed Settlement if it is approved, you do not want to receive a payment, and you will not release claims you might have against Gannon that would otherwise have been released by participating in the proposed Settlement.

No. To object to the proposed Settlement, you must participate in the proposed Settlement. Thus, you must choose between opting out or objecting to the proposed Settlement.

The Parties have agreed to a Settlement Fund of $1,100,000.

As discussed in more detail below, attorneys’ fees and costs, a contribution award for the Settlement Class Representative, and administrative fees, including the costs paid to a third-party Settlement Administrator, will be paid out of the Settlement Fund. Thereafter, the remaining funds—the Net Settlement Fund—will be divided among all Settlement Class Members entitled to payments as outlined in the proposed Settlement and discussed further below in Answer 20.

Class Counsel will request that the Court approve attorneys’ fees of not more than thirty-five percent of the Settlement Fund, and will request that Class Counsel be reimbursed for their out-of-pocket litigation costs incurred in litigating the Action. Class Counsel must submit their request to the Court by April 24, 2024, at which point the amount of the requested attorneys’ fees, as well as Class Counsel’s motion, will be published on this website. The Court will then decide the amount of the attorneys’ fees and costs based on a number of factors, including the risk associated with bringing the Action, the amount of time spent on the case, the magnitude and complexity of the Action, the quality of the work, and the requested fee in relation to the outcome of the Action.

Class Counsel will request that the Settlement Class Representative, Andrew Engel, be paid an award in the amount of no more than $2,500, in recognition of his work in connection with this case. The award must be approved by the Court.

A third-party Settlement Administrator was retained to provide notice and administer the payments to Settlement Class Members. The expenses of the Settlement Administrator are projected not to exceed $50,000. In the event that such expenses exceed $50,000, such additional amounts shall be paid only after approval by both Class Counsel and Gannon’s Counsel.

The balance of the Settlement Fund after paying administrative expenses, attorneys’ fees and costs, and award to the Settlement Class Representative, will be known as the Net Settlement Fund. The Net Settlement Fund will be allocated pro rata to each Settlement Class Member based on the ratio of (a) the total amount of Spring 2020 Tuition and Fees assessed to Potential Settlement Class Members enrolled at Gannon during the Spring 2020 semester to (b) the total amount of Spring 2020 Tuition and Fees assessed to each individual Potential Settlement Class Member enrolled at Gannon during the Spring 2020 semester, less Financial Aid, unpaid balances related to the Spring 2020 term as reflected on the Settlement Class Member’s account with Gannon, and any refunds already distributed related to the Spring 2020 semester.

The Court will hold a Final Approval Hearing on June 21, 2024, to consider whether the proposed Settlement should be approved. If the Court approves the proposed Settlement, then payments will be distributed within sixty (60) days of the date after which the proposed Settlement becomes final, as defined in the Settlement Agreement.

The Court will hold a Final Approval Hearing on June 21, 2024, at the United States District Court for the Western District of Pennsylvania, U.S. Courthouse, 17 South Park Row, Erie, PA 16501. At this hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. If objections have been properly submitted, the Court will consider them. The Court may also decide how much to award Class Counsel for attorneys’ fees and litigation costs and the amount of the award to the Settlement Class Representative. The hearing will be public. The hearing may be virtual, in which case the instructions for viewing the hearing and participating will be posted on this website. The date and time of the Final Approval Hearing may change without further notice. Please check the Settlement Website for updates.

No. Class Counsel will answer any questions the Court may have. You may attend if you desire to do so. If you have properly submitted an objection, the Court will consider your objection regardless of whether you attend.

If you are a Settlement Class Member, you may ask the Court for permission to speak at the Final Approval Hearing. If you are objecting and would like to speak at the Final Approval Hearing, you must state in your objection, as described in Answer 12 above, that you wish to be heard at the Final Approval Hearing.

The Court has ordered that Nicholas A. Colella of Lynch Carpenter, LLP and Anthony M. Alesandro of Leeds Brown Law, P.C. will serve as Class Counsel and will represent all Settlement Class Members in this matter.

No. Class Counsel will be paid directly from the Settlement Fund, subject to the Court’s approval.

The Court will be asked to approve the amount of attorneys’ fees at the Final Approval Hearing. Class Counsel will file an application for attorneys’ fees, which shall not exceed thirty-three and one-third percent of the Settlement Fund, plus their out-of-pocket litigation costs, and will specify the amount being sought. Class Counsel must submit its request to the Court by April 24, 2024, at which point the amount of the requested attorneys’ fees, as well as Class Counsel’s motion, will be published on this website. Settlement Class Members who would like to object to the amount of attorneys’ fees sought by Class Counsel may do so by following the instructions described in Answer 12 above.