Settlement Class Members are eligible to receive either (i) thirty-six (36) months of identity-theft protection and fraud resolution services, called "Financial Shield" by Pango, or (ii) a cash payment from a proposed Settlement in the Lawsuit. The Court overseeing the Lawsuit pending United States District Court for the Southern District of California authorized this Notice to advise Settlement Class Members about the proposed Settlement that will affect their legal rights. This Notice explains certain legal rights and options Settlement Class Members have in connection with the Settlement.
The Lawsuit is a proposed class action lawsuit brought on behalf of all individuals whose Personal Information was actually or potentially accessed during the Security Incident.
The Lawsuit claims Defendant is legally responsible for the Security Incident and asserts various legal claims including negligence, violation of the California's Confidentiality of Medical Information Act (Cal. Civ. Code § 56, et seq.), invasion of privacy, breach of confidence, breach of implied contract, breach of implied covenant of good faith and fair dealing, unfair business practices and unjust enrichment. Defendant denies these claims and denies that it did anything wrong.
In a class action, one or more representative plaintiffs bring a lawsuit on behalf of others who have similar claims. Together, all these people are the "Class" and each individual is a "Class Member." There is one Representative Plaintiff in this case: Florencio Ramos. The class in this case is referred to in this Notice as the "Settlement Class."
The Representative Plaintiff in the Lawsuit, through his attorneys, investigated the facts and law relating to the issues in the Lawsuit. The Representative Plaintiff and Class Counsel believe that the Settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class. The Court has not decided whether the Representative Plaintiff's claims or Defendant's defenses have any merit, and it will not do so if the proposed Settlement is approved. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will receive compensation. The Settlement does not mean that Defendant did anything wrong, or that the Representative Plaintiff and the Class would or would not win the case if it were to go to trial.
The Settlement Class is defined by the Court as all individuals whose Personal Information was actually or potentially accessed during the Security Incident. "Security Incident" is defined as "the access by unauthorized actors to San Diego American Indian Health Center's computer network in or around May 2022, as further described in the Recitals, and any and all facts, actions and circumstances related thereto, whether occurring or arising before, on or after the date of this Agreement."
Excluded from the Settlement Class are: (1) the Judge and/or Magistrate Judge presiding over the Lawsuit, any members of the Judges' respective staffs, and immediate members of the Judges' respective families; (2) officers, directors, members and shareholders of Defendant; (3) persons who timely and validly request exclusion from and/or opt-out of the Settlement Class; (4) the successors and assigns of any such excluded persons; and (5) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity or occurrence of the Incident or who pleads nolo contendere to any such charge.
The proposed settlement would create a Settlement Fund of $350,000 that would be used to pay all costs of the settlement, including: (i) payments to Settlement Class Members who submit valid claims, (ii) costs of administration and notice, (iii) any attorneys' fees and costs awarded by the Court to Class Counsel ($115,500 plus litigation costs and expenses up to a cap of $20,000), and (iv) any service award to the Representative Plaintiff awarded by the Court (up to $5,000 total). The settlement also releases all claims or potential claims of Settlement Class Members against Defendant arising from or related to the Data Security Incident, as detailed in the Class Settlement Agreement and Release.
Settlement Class Members who do not validly exclude themselves from the Settlement will be bound by the Class Settlement Agreement and Release and any final judgment entered by the Court and will give up their right to sue Defendant for the claims being resolved by the Settlement, including all claims or potential claims of Settlement Class Members against Defendant arising from or related to the Security Incident. The claims that Settlement Class Members are releasing are described in the Class Settlement Agreement and Release.
Settlement Class Members who submit valid claims shall be entitled to receive a pro rata cash distribution payment, not to exceed $50, from the Settlement Fund. Depending on how many valid claims are submitted, the amounts of the cash payment will be adjusted upward or downward proportionally among Settlement Class Members submitting valid claims for those awards, as explained further below in Question 9.
The amounts paid for all cash payments will be adjusted depending on how many Settlement Class Members submit valid claims.
If the total dollar value of all valid claims is more than the amount of money available in the Settlement Fund for payment of those claims, the amount of the payments for cash payments will be adjusted downward proportionally among all Settlement Class Members who submitted valid claims for cash payments..
If there are any funds remaining after all valid claims are processed and the time to cash any payment checks has passed, those funds shall be distributed as directed by the Court, including potential distribution to Doctors Without Borders USA. No remaining funds will be returned to Defendants.
If you are a Settlement Class Member, you do not have to do anything to remain in the Settlement.
If you do not want to give up your right to sue Defendant about the Security Incident or the issues raised in this case, you must exclude yourself (or "opt out") from the Settlement Class. See Question 14 below for instructions on how to exclude yourself.
If you wish to object to the Settlement, you must remain a Settlement Class Member (i.e., you may not also exclude yourself from the Settlement Class by opting out) and submit a written objection. See Question 17 below for instructions on how to submit an objection.
If you do nothing, you will get no award from this Settlement. Unless you exclude yourself, after the Settlement is granted final approval and the judgment becomes final, you will be bound by the judgment and you will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant related to the claims released by the Settlement.
The Claims Administrator will decide whether a claim form is complete and valid and includes all required documentation. The Claims Administrator may require additional information from any claimant. Failure to timely provide all required information will invalidate a claim and it will not be paid.
To opt out of the Settlement you must make a signed, written request that includes (i) the name of the proceeding, (ii) your full name, current address and personal signature, and (iii) the words "Request for Exclusion" or a comparable unequivocal statement that you do not wish to participate in the Settlement. You may exclude yourself from the settlement by mailing your request to the Settlement Administrator at this address:
Ramos v. San Diego American Indian Health Center
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
Your request must be postmarked by December 9, 2024
No. If you exclude yourself, you will not be entitled to any award under the Settlement. However, you will also not be bound by any judgment in this Lawsuit.
No. Unless you exclude yourself, you give up any right to sue Defendant for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a claim form requesting a payment.
All Settlement Class Members who do not opt-out from the Settlement Class have the right to object to the Settlement or any part of it. You can ask the Court to deny approval by filing an objection. You can't ask the Court to order a different Settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Settlement payments will be sent out and the Lawsuit will continue. If that is what you want to happen, you must object.
Any objection to the proposed Settlement must be in writing and it and any supporting papers must be mailed to: (i) the Clerk of the Court, (ii) Settlement Class Counsel, (iii) Defendant's Counsel, at the mailing addresses listed below. Your objection must be filed or postmarked no later than the objection deadline, December 9, 2024:
| Court | Defendant's Counsel |
|---|---|
| Clerk of the Court Superior Court, County of San Diego 330 West Broadway San Diego, CA 92101 | Ian C. Ballon Timothy A. Butler Greenberg Traurig LLP 1900 University Avenue, 5th Floor East Palo Alto, CA 94303 |
| Settlement Class Counsel | |
| Laura Grace Van Note COLE & VAN NOTE 555 12th Street Suite 2100 Oakland, California 94607 | |
If you submit a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.
The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. That hearing is scheduled for January 24, 2025 at 9:30 a.m. at Courtroom 66 of the Superior Court of the County of San Diego, at 330 West Broadway San Diego, CA 92101. Please visit the Court's website at www.casd.uscourts.gov for current information regarding courthouse access and court hearings. At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have properly requested to speak at the hearing. The Court may also consider Settlement Class Counsel's request for attorneys' fees and costs, and the request for a service award for the Representative Plaintiff. After the hearing, the Court will decide whether to approve the Settlement.
It is possible the Court could reschedule the hearing to a different date or time without notice, so it is a good idea before the hearing to check here or access the Court docket in this case, for a fee, through the Court's Public Access System ecf.casd.uscourts.gov to confirm the schedule if you wish to attend.
No. You do not need to attend the hearing unless you object to the Settlement and wish to appear in person. It is not necessary to appear in person in order to make an objection. The Court will consider any written objections properly submitted according to the instructions in Question 17. You or your own lawyer are welcome to attend the hearing at your expense, but are not required to do so.
If the Court approves the settlement and no appeal is taken, the Settlement Fund will be fully funded. The Claims Administrator will pay any attorney fees' and costs award and any Representative Plaintiffs' service awards from the Settlement Fund. Then, the Claims Administrator will administer identity-theft protection and send cash payments to Settlement Class Members who submitted timely and valid claims.
If any appeal is taken, it is possible the Settlement could be disapproved on appeal.
If the Court does not approve the settlement, no Settlement Fund will be created, there will be no cash payments or identity-theft protection provided to Settlement Class Members, Settlement Class Counsel or the Representative Plaintiffs, and the case will proceed as if no settlement had been attempted.
The Court has appointed the following Class Counsel to represent the Settlement Class in this Lawsuit:
| Settlement Class Counsel |
|---|
| Laura Grace Van Note COLE & VAN NOTE 555 12th Street, Suite 2100 Oakland, California 94607 |
Settlement Class Members will not be charged for the services of Settlement Class Counsel. Settlement Class Counsel will be paid by Defendant separately, subject to Court approval. However, you may hire your own attorney at your own cost to advise you in this matter or represent you in making an objection or appearing at the Final Approval Hearing.
Settlement Class Counsel will request the Court's approval of an award for attorneys' fees of $115,500 (one third of the total Settlement Fund) plus litigation costs and expenses up to a cap of $20,000. Settlement Class Counsel will also request approval of a service award of $5,000 for the Representative Plaintiff.
Defendant is represented by the following lawyers:
| Defendant's Counsel |
|---|
| Ian C. Ballon Timothy A. Butler Greenberg Traurig LLP 1900 University Avenue, 5th Floor East Palo Alto, CA 94303 |
This Notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Class Settlement Agreement and Release available here, by contacting Settlement Class Counsel at the address provided in response to Question 22 above, by accessing the Court docket in this case, for a fee, through the Court's Public Access system at ecf.casd.uscourts.gov or by visiting the Office of the Clerk, Superior Court of the County of San Diego, at 330 West Broadway San Diego, CA 92101, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.
CPT Group, Inc. Class Action & Claims Solutions will act as the Claims Administrator for the Settlement. You can contact the Claims Administrator at:
Ramos v. San Diego American Indian Health Center
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
Email: SDAmericanIndianHealthCenterSettlement@cptgroup.com