On September 3, 2019, we filed a lawsuit on behalf of participants in the H-E-B Savings & Retirement Plan (the “Plan”). The lawsuit alleges that the Plan’s fiduciaries (the Defendants in the case) violated the Employee Retirement Income Security Act (ERISA) by failing to act prudently or in the interest of Plan participants and beneficiaries.

The lawsuit seeks to recover the Plan’s financial losses and obtain injunctive and other equitable relief. For a copy of the Amended Complaint, click here.

This case is entitled Montgomery, et al. v. H.E. Butt Grocery Company, et al., Case No. 5:19-cv-1063 (W.D. Tex.)

Case Updates

October 22, 2026

Pursuant to the Updated Joint Advisory Regarding Alternative Dispute Resolution filed with the Court, the parties will engage in private mediation on October 30, 2026, to attempt to resolve this matter (ECF No. 100).

Attorneys

• Brock J. Specht
• Patricia C. Dana

Staff

• Kyle Leonard