Engel v. Gannon University
Civil Action No. 1:23-cv-244-SPB
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA
If you were enrolled as a student at Gannon University (“Gannon” or “University”) after March 16, 2020,
were assessed tuition and/or fees for the Spring 2020 semester, and you 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, you are part of the proposed settlement class (a “Settlement Class Member”) affected by this lawsuit.
The purpose of this website is to inform you of a proposed Settlement relating to a class action lawsuit brought by Plaintiff, a
student at Gannon during the Spring 2020 semester, against Gannon, on behalf of a putative class who paid tuition and/or fees for
the Spring 2020 semester. The case is captioned Engel v. Gannon University, Civil Action No. 1:23-cv-244-SPB (W.D. Pa.) (the “Action”).
In this Action, Plaintiff alleged Gannon breached a contract when it transitioned to remote learning in response to the COVID-19 pandemic. Plaintiff also alleged that Gannon’s shift to remote learning gave rise to a claim of unjust enrichment. Plaintiff sought a refund of a portion of the tuition and fees for the Spring 2020 semester. Gannon denies all allegations of wrongdoing and there has been no finding of liability in any court. However, considering the interest of both Gannon and its students in prompt resolution of the matter, Gannon and Plaintiff have agreed that Gannon will pay $1,100,000 into a Settlement Fund to resolve the Action.
In this Action, Plaintiff alleged Gannon breached a contract when it transitioned to remote learning in response to the COVID-19 pandemic. Plaintiff also alleged that Gannon’s shift to remote learning gave rise to a claim of unjust enrichment. Plaintiff sought a refund of a portion of the tuition and fees for the Spring 2020 semester. Gannon denies all allegations of wrongdoing and there has been no finding of liability in any court. However, considering the interest of both Gannon and its students in prompt resolution of the matter, Gannon and Plaintiff have agreed that Gannon will pay $1,100,000 into a Settlement Fund to resolve the Action.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | ||
|---|---|---|
| YOUR OPTIONS | INSTRUCTIONS | DUE DATE |
| DO NOTHING AND AUTOMATICALLY RECEIVE A PAYMENT | Your payment will be sent automatically by First-Class U.S. Mail to your last known mailing address on file with the University Registrar. Class Members will also have the option, but are not required, to complete an Information Form and choose one or more of the following selections: (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. | See FAQ 7 (a). |
| EXCLUDE YOURSELF FROM THE PROPOSED SETTLEMENT | You can choose to “opt out” of the proposed Settlement. Opting out means that you choose not to participate in the proposed Settlement. It also means that you cannot object to the proposed Settlement (see below). 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. For more detailed opt-out instructions, see FAQ 11. |
Postmarked no later than May 8, 2024 |
| OBJECT TO THE PROPOSED SETTLEMENT | You can file an objection with the Court explaining why you believe the Court should reject the proposed Settlement. If your objection is overruled by the Court and the proposed Settlement is approved, then you would be included in the Settlement Class. If the Court agrees with your objection, then the proposed Settlement may not be approved. If you choose to object, you may not also opt out of the proposed Settlement, as only participating class members may object to a proposed Settlement. For more detailed objection instructions, see FAQ 12. |
Postmarked no later than May 8, 2024 |
This website provides a summary of your rights and options. Your rights and options—and the deadlines to exercise them—along with many
of the material terms of the proposed Settlement are explained further in the Notice.
The most comprehensive explanation of your rights and options is contained in the Settlement Agreement.
Settlement Update:
The date for the Final Approval Hearing has been rescheduled for July 17, 2024 at 2:30 PM.
The date for the Final Approval Hearing has been rescheduled for July 17, 2024 at 2:30 PM.
