Frequently Asked Questions

Plaintiff Deborah Rodriguez (“Rodriguez” or “Plaintiff”) is a former employee who was a participant in the Plan during the Class Period.  Rodriguez filed this lawsuit against Intuit Inc. and the Employee Benefits Administrative Committee of the Plan (the “Committee”) on October 2, 2023, alleging claims under the Employee Retirement Income Security Act (“ERISA”) that Intuit (1) breached fiduciary duties owed to participants and beneficiaries of the Plan; (2) violated ERISA’s anti-inurement provision; and (3) engaged in “prohibited transactions,” by using forfeited, non-vested employer matching 401(k) contributions to offset future employer matching 401(k) contributions.

Intuit denies Rodriguez’s claims, but agreed to attend a mediation with Rodriguez in January 2025 to see if the case could be resolved without the continued expense and burden of prolonged litigation.  The Parties conducted detailed, arms-length negotiations facilitated by an experienced mediator and retired Magistrate Judge Morton Denlow of JAMS during a full-day mediation on January 28, 2025.

The Settlement affects all participants and beneficiaries in the Intuit Inc. 401(k) Plan from January 1, 2018 through  December 31, 2021 who had Plan expenses charged to their accounts.

This Settlement is not an admission of any wrongdoing by Intuit or an indication that Intuit violated any law.  Intuit  believes Rodriguez’s claims are without merit and denies all of the allegations of wrongdoing and liability.  Intuit believes it has at all times complied with ERISA and applicable laws, and has administered the Plan properly, prudently, and in the best interests of Plan participants.  Intuit, believes however, that further litigation would be protracted, burdensome, and expensive.

The Court did not decide in favor of Rodriguez or Intuit.  There was no trial.  Instead, both sides agreed to a no-fault resolution of the Action.  The Settlement is intended to allow the Parties to avoid the costs and burden of further litigation and a trial, while allowing Class Members to receive payments from the Settlement as specified below.

Rodriguez and her attorneys, who were preliminarily appointed as representatives for the Class, believe the Settlement is in the best interests of all Class Members.

The total value of the Settlement (the “Gross Settlement Amount”) is One Million Nine-Hundred and Ninety-Five Thousand Dollars ($1,995,000), which is the amount that Intuit will pay in order to settle the Action.

Individual Settlement Payments will be paid from the “Net Settlement Amount,” which is the amount of the Gross Settlement Amount remaining after payment of the Court-approved expenses, which are: (1) Class Counsel’s Attorneys Fees and Costs Award; (2) Plaintiff’s Case Contribution Award; (3) Costs of Administration; (4) Recordkeeper Expenses; and (5) Independent Fiduciary Expenses.

The Net Settlement Amount will be paid to Class Members in the form of Individual Settlement Payments according to the approved Plan of Allocation, if and when the Court enters an order finally approving the Settlement.

To determine a Class Member’s Individual Settlement Payment under the Plan of Allocation, the Settlement Administrator will first calculate the total amount of Plan recordkeeping fees that were deducted from the Plan account of the Class Member during the Class Period (the Class Member’s “Expense Balance”).

Then the Settlement Administrator will add up the total amount of Plan recordkeeping fees that were deducted from the Plan accounts of all Class Members during the Class Period in order to determine the percentage of the total Plan recordkeeping fees attributable to each Class Member during the class period (i.e. where the numerator is the Class Member’s Expense Balance and the denominator is the sum of all Class Members’ Expense Balances).  This is referred to as the Class Member’s “Pro Rata Percentage.”

Finally, the Settlement Administrator will multiply the Pro Rata Percentage by the Net Settlement Amount to determine each Class Member’s Individual Settlement Payment.  Class Members who are the beneficiary of an individual who was a participant in the Plan during the Class Period will receive an Individual Settlement Payment based on the participant’s Pro Rata Percentage.

The full Plan of Allocation can be found in the Settlement Agreement.

If the Court grants final approval of the Settlement, a final order and judgment dismissing the case will be entered in the Action.  Payments under the Settlement will then be calculated and distributed.

If the Settlement is approved, no Class Member will be permitted to assert any Released Claims in any other litigation against Intuit, or any other Released Party.

If you are a Class Member and are either a Current or Former Participant with an Intuit 401(k) account, your payment will be made automatically into your Plan account and invested in accordance with your investment elections then on file with the Plan recordkeeper for new contributions.

If you are a Settlement Class Member and a Former Participant who no longer has an Intuit 401(k) account, your payment will be made via check. Checks must be cashed within 180 days.  On the 181st day, checks are void and uncashed funds will be paid to the Plan for the purpose of reducing administrative fees and expenses of the Plan.

The class is represented by Matthew B. Hayes, of Hayes Pawlenko LLP.

You cannot exclude yourself from the Settlement.  If the Court approves the Settlement, it will do so on behalf of a “mandatory” class under Federal Rule of Civil Procedure 23(b)(1), which does not permit class members to opt out of the Settlement Class.

You can ask the Court to deny approval by filing an objection.  You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement.  If the Court denies approval, no settlement payments will be sent out, and the lawsuit will continue.  If that is what you want to happen, you should object.

Any objection to the proposed Settlement must be in writing.  If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney.  If you appear through your own attorney, you are responsible for hiring and paying that attorney.  All written objections and supporting papers must (a) clearly identify the case name and number (Deborah Rodriguez. v. Intuit Inc. et al., Case No. 5:23-cv-05053), (b) be submitted to the Court either by filing them electronically or in person at any location of the United States District Court for the Northern District of California or by mailing them to the Clerk for the Court at the address below, with copies mailed to Class Counsel and Intuit’s Counsel at their respective addresses below, and (c) be filed and postmarked on or before October 30, 2025.

Court:
Mark B. Busby
Clerk of the Court
450 Golden Gate Ave.
San Francisco, CA 94102
Re: Deborah Rodriguez. v. Intuit Inc. et al., Case No. 5:23-cv-05053 (Northern District of California)

Class Counsel:
Matthew B. Hayes
Hayes Pawlenko LLP
1414 Fair Oaks Avenue
Unit 2B
South Pasadena, CA 91030

Intuit’s Counsel:
Sarah Adams
Groom Law Group, Chartered
1701 Pennsylvania Ave., NW, Suite 1200
Washington, DC 20006

Lindsey Barnhart
COVINGTON & BURLING LLP
3000 El Camino Real
Palo Alto, CA 94306

The Court will hold a Final Approval Hearing on November 13, 2025, before the Honorable Casey Pitts at the United States District Court for the Northern District of California, 280 South First Street, San Jose, CA 95113-3002 to consider the fairness, adequacy and reasonableness of the proposed settlement, including without limitation: Class Counsel’s Attorneys Fees and Costs Award, Plaintiff’s Case Contribution Award, and Settlement administration costs. If there are objections, the Court will consider them—but you do not need to attend the Final Approval Hearing to have the Court consider an objection.

The Court may reschedule the Final Approval Hearing without further notice to Class Members.  The Court may also choose to conduct the Final Approval Hearing via conference call or other remote means.  You will not receive a separate notice, but any such changes will be posted on this website.

You may contact the Settlement Administrator at Intuit401kSettlement@noticeadministrator.com, or at 877-909-5621.