Defendants 1248 Holdings, LLC f/k/a Bicknell Family Holding Company; Mariner Wealth Advisors, LLC f/k/a Mariner Holdings, LLC; Montage Investments, LLC; Mariner, LLC f/k/a Mariner Wealth Advisors, LLC; Mariner Capital Advisors, LLC (“1248-Mariner Defendants” or “Mariner”); Tortoise Capital Advisors, L.L.C.; TortoiseEcofin Parent Holdco LLC (“Tortoise Defendants” or “Tortoise”); American Century Companies, Inc.; American Century Services, LLC; American Century Investment Management, Inc. (“American Century Defendants” or “ACI”) (collectively, “Defendants”) have reached an agreement (the “Settlement Agreement”) with the Settlement Class to settle the claims brought in the class action lawsuit entitled Tobler et al. v. 1248 Holdings, LLC et al. Case No. 2:24-CV-02068-EFM-GEB (D. Kan.) (the “Lawsuit”), alleging that Defendants entered into a no-poach agreement and enforced this unlawful agreement in restraint of trade and commerce, in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, and other state laws.
Plaintiffs allege that the no-poach agreement had the purpose and effect of (1) artificially suppressing and deflating compensation, benefits, and opportunities for better employment terms for the Class; and (2) eliminating, to a substantial degree, competition among Defendants for labor. Plaintiffs allege that, as a result, members of the Class have suffered injury, including: (1) lower compensation from Defendants than they otherwise would have received in the absence of the no-poach agreement; and (2) reduced competition and better employment terms among Defendants. Defendants deny the conspiracy as alleged. The Court did not decide in favor of Plaintiffs, the Class, or Defendants. Instead, the parties settled the Lawsuit to avoid the costs and risks of continuing the Lawsuit. More information can be found on the Important Documents page of this website.
Under the terms of the Settlement, Defendants have agreed to establish a fund of $25,500,000.00 to resolve the claims against them (the “Settlement Fund Amount”).
You are a settlement class member (“Settlement Class Member”) if you are a person who worked for Defendants in the United States at any time between January 1, 2012, through December 31, 2020. Excluded from the Settlement Class are members of the Settling Defendants’ board of directors, C-suite level executives of any Settling Defendants, and employees of the Settling Defendants who resided outside of the United States for the entire Settlement Class time period.
If you received a notice, it is because Defendants’ records indicate that you worked for one of the Settling Defendants in the United States between January 1, 2012, and December 31, 2020, and therefore, maybe a Settlement Class Member. If you do not want to be bound by this Settlement, you must act by October 19, 2025, if you wish to exclude yourself and preserve your right to file your own lawsuit or to object to the Settlement.
Court-appointed lawyers for the Plaintiffs will ask the Court to award them up to 35% of the Settlement Fund Amount in payment of reasonable attorneys’ fees and reimbursement of costs, as well as Service Awards for the Representative Plaintiffs for their time, effort, and willingness to bring this Lawsuit.
Your Legal Rights and Options | Deadline | |
Do Nothing at this Time | Remain in the Settlement Class and receive a payment from the Settlement. You do not need to file a claim to remain in the Settlement Class. By doing nothing, you will remain in the Settlement Class and release your claims arising out of this Lawsuit against Defendants. If the Settlement receives final approval, you will be sent a payment from the Settlement Fund Amount. | N/A |
Exclude Yourself | Get no payment, exclude yourself from the Settlement Class, and preserve your ability to file suit over the claims at issue in this Lawsuit against the Defendants at your own expense. Opting out of the Settlement Class with respect to the Defendants is the only way you can file or continue your own lawsuit concerning the legal claims in this Lawsuit against the Defendants. | October 19, 2025 |
Object | You may also ask to communicate to the Court your written comments or objections about the fairness of the settlement and the request for attorneys’ fees and costs at the “Fairness Hearing” on December 4, 2025, at 1:30 p.m. CT in Kansas City, KS, though you do not have to do so. You also have a right to stay in the Settlement Class and argue to the Court that the settlement should not be approved. | October 19, 2025 |
These rights and options—and the deadlines to exercise them—are explained in the Notice and FAQs.
The Court in charge of this case must still decide whether to approve the Settlement and the requested attorneys’ fees and expenses. No Settlement benefits or payments will be provided unless the Court approves the Settlement and it becomes final.
Please do not telephone the Court or the Court clerk’s office to inquire about this Settlement or the claim process.
Upcoming Important Dates
Notification Mailing
9/19/2025
Objection Deadline
10/19/2025
Opt Out Deadline
10/19/2025
Final Approval Hearing
12/4/2025