Important Dates and Deadlines

You must mail an objection to the Settlement Administrator, explaining why you believe the Court should reject the settlement. If the settlement is approved, then you may be sent a payment and you will not be able to sue Defendant for the claims asserted in this litigation.

You can object to the settlement or any part of it that you do not like IF you do not exclude yourself, or opt out, from the settlement. (Class Members who exclude themselves from the settlement have no right to object to how other Class Members are treated.)
To object, you must send a written document by mail or private courier (e.g., Federal Express) to the Settlement Administrator and Class Counsel at the addresses below. Your objection must include the following:

• The name of the case, which is Eric Roberts v. Old Second Bancorp, Inc. d/b/a Old Second National Bank (Case No. 2021-MR-2148), Circuit Court of the Sixteenth Judicial Circuit, Kane County, State of Illinois;
• The objector’s name, address, telephone number, the last four digits of their member number or former member number, and the contact information for any attorney retained by the objector in connection with the objection or otherwise in connection with this case who may be entitled to compensation for any reason related to the objection;
• A statement of the factual and legal basis for each objection and any exhibits the objector wishes the Court to consider in connection with the objection;
  • A statement as to whether the objector intends to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying the counsel by name, address, and telephone number;
  • A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and
  • The objector’s signature or the signature of the objector’s legally-authorized representative.

All objections must be postmarked no later than July 3, 2025, and must be mailed to the Settlement Administrator and Class Counsel as follows:

You can choose to exclude yourself from the settlement or “opt out.”
This means you choose not to participate in the settlement. You will keep your individual claims against Defendant, but you will not receive a payment. If you exclude yourself from the settlement but want to recover against Defendant, you will have to file a separate lawsuit or claim.

If you do not wish to participate in the settlement and be bound by the release, and you do not want to receive a payment, or if you want to keep any right you may have to sue Defendant for the claims alleged in this lawsuit, then you must exclude yourself, or “opt out.”

To opt out, you must send a letter to the Settlement Administrator stating that you want to be excluded. Your letter can simply state
“I hereby elect to be excluded from the settlement in the Eric Roberts v. Old Second Bancorp, Inc. d/b/a Old Second National Bank class action.” Be sure to include your name, the last four digits of your account number(s) or former account number(s), address, telephone number, and email address. Your exclusion or opt-out request must be postmarked by July 3, 2025, and sent to:

Eric Roberts v. Old Second Bancorp, Inc. d/b/a Old Second National Bank

Attention: Exclusions

P.O. Box 301172

Los Angeles, CA 90030-1172

The Court has to decide that the settlement is fair, reasonable, and adequate before it will approve it. The Court already has decided to provide preliminary approval of the settlement, which is why you received a Notice. The Court will make a final decision regarding the settlement at a “Fairness Hearing” or “Final Approval Hearing,” which is currently scheduled for August 1, 2025 in the Circuit Court of the Sixteenth Judicial Circuit, Kane County, State of Illinois, located at 37W777 State Route 38, St. Charles, Illinois 60175.