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NOTICE OF CLASS ACTION SETTLEMENT AGREEMENT
This notice advises you of the Settlement of a class action titled McWhorter, et al., v. SCI Shared Resources, LLC, et al., 4:22-cv-02256 (S.D. Tex.) (the “Action”). On July 7, 2022, Plaintiffs Leisa McWhorter, Anitza Hartshorn, Pichard Alford and Lakeshier Clark filed a Class Action Complaint asserting claims under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1109, 1132, for breach of fiduciary duties against SCI Shared Resources, LLC and Service Corporation International (collectively “Defendants”). The case was filed in the United States District Court for the Southern District of Texas. On September 28, 2025, Plaintiffs filed a First Amended Class Action Complaint. The Settlement, if approved by the Court, would release Defendants (and other Released Parties) from any claims filed against them or that could have been filed against them in the Action. The terms and conditions of the Settlement are set forth in a Class Action Settlement Agreement (the “Settlement Agreement”). Capitalized terms used in the Notice you received but not defined in the Notice you received have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement and additional information with respect to the Action and the Settlement are available on the Important Court Documents page.
The Parties have agreed to settle this case for $2,000,000 (two million dollars) (the “Gross Settlement Amount”). The Court has preliminarily approved the Settlement, which provides for allocation of Settlement funds to Settlement Class Members. The Court has scheduled a Final Fairness Hearing concerning Final Approval of the Settlement and Class Counsel’s anticipated motion for attorney’s fees and costs. That Final Fairness Hearing, before The Honorable Charles Eskridge, is scheduled on September 8, 2026, at 2:30 p.m. at the Bob Casey United States Courthouse, 515 Rusk Street, Houston, Texas 77002, Courtroom 9F. Judge Eskridge has the sole discretion to postpone or reschedule this Final Fairness Hearing. The Final Fairness Hearing may also occur remotely via video conference or by phone at the Court’s discretion.
If Final Approval is granted, the Settlement will bind you as a Member of the Settlement Class. You may appear at this Final Fairness Hearing and/or object to the Settlement. Any objection to the Settlement and/or the motion for attorney’s fees and expenses, must be served in writing on the Court and the Parties’ counsel as described in the Settlement Agreement. More information about the Final Fairness Hearing and how to object is explained below.
YOUR LEGAL RIGHTS WILL BE AFFECTED WHETHER OR NOT YOU TAKE ANY ACTION. READ THIS NOTICE CAREFULLY. PLEASE DO NOT CONTACT DEFENDANTS OR THE COURT. THEY WILL NOT BE ABLE TO ANSWER YOUR QUESTIONS. YOU ARE REPRESENTED IN THIS MATTER BY CLASS COUNSEL.
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
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You can do nothing. (No action is necessary to receive a payment.) |
If the Settlement is approved by the Court and you are a Member of the Settlement Class and you are entitled to a payment under the Plan of Allocation, you need not do anything to receive a payment. |
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You can submit an objection. (It must be postmarked by August 9, 2026.) |
If you wish to object to any part of the Settlement, you may write to the Court and Counsel and explain why. For more information and how and where to send your objection, see the FAQs page. |
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You can appear at the Final Fairness Hearing on September 8, 2026. |
If you submit a written objection to the Settlement before the court-approved deadline, you may (but do not have to) speak in Court about the fairness of the Settlement. |
These rights and options—and the deadlines to exercise them—are explained in this Notice. Information concerning your individual share of the Net Settlement Amount will not be available for a number of months after the Court grants Final Approval of the Settlement and any appeals are resolved. Thank you for your patience.
SUMMARY OF CASE
Plaintiffs’ First Amended Class Action Complaint alleges that Defendants breached fiduciary duties owed to participants in and beneficiaries of the SCI 401(k) Plan (“Plan”) during the Class Period. Defendants deny these allegations. Copies of the Settlement Agreement and many other documents related to the Settlement are available at www.SCIERISASettlement.com.
SUMMARY OF SETTLEMENT
The Settlement Agreement provides that Defendant will pay $2,000,000 (two million dollars), which will be deposited into an account called the Qualified Settlement Fund. After payment of attorneys’ fees and litigation expenses, and expenses related to administration of the Settlement, the amount remaining in the Qualified Settlement Fund shall constitute the Net Settlement Amount and will be allocated among Members of the Settlement Class according to a Plan of Allocation to be approved by the Court.
STATEMENT OF POTENTIAL OUTCOME OF THE ACTION
Class Counsel believe that the claims against Defendants are well-grounded in law and fact and that breaches of fiduciary duty under ERISA occurred in this case (which Defendants deny). However, as with any litigated case, Members of the Settlement Class would face an uncertain outcome if the Action were to continue against Defendants. Continued litigation of the Action could result in a range of possible recoveries, including a judgment or verdict greater or less than the recovery under the Settlement Agreement, or no recovery at all.
Class Counsel believe that this Settlement reflects a reasonable compromise in light of the range of possible outcomes. Class Counsel believe that the Settlement is preferable to continued litigation and is in the best interest of the Members of the Settlement Class because the Settlement provides certainty with respect to the amount of recovery and results in a prompt recovery.
Throughout this litigation, Defendants have denied and continue to deny the claims and contentions alleged by Plaintiffs. Defendants have strong and well thought-out defenses. Defendants believe they acted lawfully and properly at all times and at no time did it violate any ERISA duties. Nevertheless, Defendants have concluded that it is desirable for the Action to be fully and finally settled on the terms and conditions set forth in the Settlement Agreement.
The Court has not ruled in favor of either side. The Court has made no “merits” determinations of whether any side is right or wrong. Both sides agreed to the Settlement to ensure a resolution and avoid the cost and risk of further prolonged litigation.
STATEMENT OF FEES AND EXPENSES INCURRED BY AN INDEPENDENT FIDUCIARY AND THE SETTLEMENT ADMINISTRATOR
An Independent Fiduciary will evaluate the Settlement and will be asked to authorize the Settlement on behalf of the Plan. The fees and expenses incurred by the Independent Fiduciary (including fees and expenses incurred by consultants, attorneys, and other professionals retained or employed by the Independent Fiduciary) in the course of evaluating and authorizing the Settlement on behalf of the Plan will be deducted from the Gross Settlement Amount.
A Settlement Administrator has been engaged to mail the Settlement Notice to the Members of the Settlement Class, administer the Settlement, allocate the Net Settlement Amount among Members of the Settlement Class, and distribute payments to Class Members. The fees and expenses for the Settlement Administrator will be paid from the Gross Settlement Amount.
STATEMENT OF ATTORNEY’S FEES AND EXPENSES SOUGHT IN THE ACTION
Class Counsel will submit a fee petition to the Court in which they will ask the Court to award them attorneys’ fees in an amount not to exceed 33% of the Gross Settlement Amount, plus reimbursement of out-of-pocket expenses advanced by Class Counsel and reasonably incurred in prosecuting the Action.