Save Mart Supermarkets Retiree Medical Benefits Class Action
Our firm, together with our colleagues at Lieff, Cabraser, Heimann & Bernstein, is co-lead counsel on behalf of a putative class of non-union retirees from Save Mart Supermarkets, one of the largest grocery chains in California. In April of 2022, Save Mart attempted to terminate medical benefits it had promised to hundreds of its non-union workers in their retirements, medical benefits those retirees had spent decades, in many cases their entire careers, earning through hard work and loyal dedication to the company. We represent four plaintiffs who have brought a class action lawsuit against Save Mart under the Employee Retirement Income Security Act (ERISA), currently pending in the United States District Court for the Northern District of California. The case is called Baker v. Save Mart Supermarkets LLC, Case No. 3:22-cv-4645-RMI.
UPDATE June 11, 2025: We are pleased to report that the Court has granted Plaintiffs’ motion for preliminary approval of the proposed settlement of this action and preliminary certified the settlement class. If it receives final approval, under this settlement Save Mart will pay $20,545,000 to resolve the Plaintiffs’ and the class’s claims. It is a remarkable and significant achievement rarely seen in litigation over retiree medical benefit plan terminations and we are honored to have been a part of it. Later this month notice packets will begin to go out to affected class members, please do not hesitate to contact us if you have any questions about the settlement or your notice packet, we are here to help. You can review the preliminary approval order by clicking on this link. The Court has set a hearing for September 16, 2025 at 10:00 AM. The hearing will be held in the Court’s historic Eureka-McKinleyville Courthouse at 3140 Boeing Avenue, McKinleyville, CA 95519, class members can attend the hearing in person or via Zoom webinar, instructions for accessing the proceedings online can be found on the court’s website by clicking this link.
UPDATE June 3, 2025: Today the Court held a hearing on Plaintiffs’ motion for preliminary approval of the proposed settlement. Counsel’s assessment is that the hearing went smoothly and as expected, we anticipate that the Court will issue a preliminary approval order soon.
UPDATE April 21, 2025: Plaintiffs, on behalf of the Class, have filed a motion for preliminary approval of the settlement of this action. Under the terms of the settlement Save Mart has agreed to pay $20,545,000 into a common fund to resolve the claims of Plaintiffs and the Class challenging Save Mart’s decision to terminate its non-union retiree medical benefit program. We are thrilled to have obtained this result for Save Mart’s workers and retirees, all of whom devoted decades of hard work and service to the company to earn these benefits.
This type of settlement requires court approval to go into effect. The motion we have filed today is the first step in that process. If the motion is granted, all persons affected by the settlement will receive a notice packet explaining the settlement terms and their rights. You will not have to do anything to receive a settlement payment, but you do have the right to opt-out of the settlement or object to the settlement. The notice will explain all of this in detail. Please do not hesitate to contact our office at 510-225-0696 and ask to speak to Jim Keenley or Emily Bolt about the Save Mart settlement if you have any questions.
You can download and review our preliminary approval motion and the related documents at the links below:
Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement - This document is the pleading and supportive legal brief filed with the court explaining the terms of the proposed settlement and why it warrants preliminary approval.
Settlement Agreement - This document is the proposed settlement agreement, it contains all of the details about the settlement.
Plan of Distribution - This document explains the proposed plan for distributing the settlement funds to class members.
Declaration of Anne B. Shaver - This is a sworn declaration filed by our colleague and co-counsel, Anne Shaver, in support of the motion, it contains information about the case and the experience of counsel.
Declaration of James P. Keenley - This is a sworn declaration filed by our firm in support of the motion, it contains information about the case and the experience of counsel at Bolt Keenley Kim LLP.
UPDATE April 7, 2025: We are pleased to announce that the parties have reached a settlement of this matter. That settlement is subject to Court approval and we are in the process of preparing the necessary filings to obtain that approval from the Court. More details about the settlement will be available here and on our co-counsel Lieff, Cabraser, Heimann & Bernstein’s case updates website when our motion for preliminary approval is filed.
If you have any questions about this matter please do not hesitate to call us at 510-225-0696 or email us a info@bkkllp.com. Additional information about the case can be found at the following links, this page will be updated periodically as the case progresses:
Case Updates Website - This website, maintained by our co-counsel, contains detailed updates about the case and is updated regularly as the litigation develops.
Motion for Class Certification - This is a motion the plaintiffs have filed asking the Court to certify this case as a class action, this motion is currently pending before the Court. The motion provides a description of the facts of the case and the legal arguments for why this case should proceed as a class action.
Second Amended Complaint - This is the current operative complaint in the lawsuit, it contains the factual allegations and descriptions of the legal claims brought in the case.
Order Denying Defendant’s Motion to Dismiss - Early on in the lawsuit the defendant filed a motion to dismiss the case, this is the Court’s order denying that motion.
Press Coverage
They helped build Modesto’s Save Mart. Now retirees feel betrayed by sudden benefit cut. Modesto Bee, by Marijke Rowland, May 10, 2022
Save Mart retirees file suit against Modesto grocer. Modesto Bee, by Marijke Rowland, April 11, 2023