Frequently Asked Questions

Charlie v. Rehoboth McKinley Christian Health Care Services

If you do not find an answer to your question below, click here to contact us.


You are a Settlement Class Member if you are one of the approximately 191,009 persons who were mailed notification on or about May 19, 2021, that their PII/PHI was potentially impacted as a result of the Data Breach that was discovered by RMCHCS on February 16, 2021.

Specifically excluded from the Settlement Class are: (i) RMCHCS’s officers and directors; (ii) any entity in which RMCHCS has a controlling interest; (iii) the affiliates, legal representatives, attorneys, successors, heirs, and assigns of RMCHCS (not including employees); and (iv) members of the judiciary to whom this case is assigned, their families and members of their staff.

The case is known as Charlie v. Rehoboth McKinley Christian Health Care Services, Civil No. 21-652 SCY/KK (D. N.M. 2021). The people who sued are called the “Plaintiffs,” and the company they sued, Rehoboth McKinley Christian Health Services Center, is known as the “Defendant” in the case and on this Website. United States District Magistrate Judges Steven C. Yarbrough and Kirtan Khalsa of the United States District Court, District of New Mexico are the judges in this case.

Plaintiffs filed a lawsuit against Defendant, on behalf of themselves and a class of similarly situated individuals, whose PII and PHI was potentially accessed as a result of the Data Breach.

This lawsuit arises out of a network intrusion that was discovered by RMCHCS February 16, 2021, and announced by Defendant on or about May 19, 2021, involving an unauthorized person gaining access to RMCHCS’s computer systems containing PII and PHI (the “Data Breach”). The PII and PHI that was potentially accessed in the Data Breach varies but may have included for some person names, addresses, dates of birth, phone numbers, email addresses, Social Security Numbers, driver’s license, passport and (for Native Americans) tribal identification and Alien Registration numbers, medical and health insurance information, employment and/or financial account information. Defendant denies any wrongdoing. After learning of the Data Breach, notification was mailed to approximately 207,195 individuals that their PII/PHI may have been impacted by the Data Breach.

By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. The Class Representatives, Defendant, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class Members. The Court did not decide in favor of the Plaintiffs or Defendant. Full details about the proposed Settlement are found in the Settlement Agreement available on the Documents section of this website.
In a class action, one or more people called “Class Representatives” sue on behalf of all people who have similar claims. All of these people together are the “Class” or “Class Members.”
You are included in the Settlement as a Settlement Class Member if you were mailed notification that your PII/PHI was potentially impacted as a result of the Data Breach that was discovered on February 16, 2021, and announced on or about May 19, 2021. If you have any other questions about the Settlement, visit the Contact page on this website, call toll free (833) 709-0092, or write to Charlie v. Rehoboth, c/o Kroll Settlement Administration, P.O. Box 225391, New York, NY, 10150-5391.

a. The proposed Settlement will provide the following benefits to Settlement Class Members:

b. Compensation or Out-of-Pocket Losses and Lost Time: Defendant will agree to make available the following compensation to Settlement Class Members who submit valid and timely claim forms. Claims will be subject to review for completeness and plausibility by the Claims Administrator, and Settlement Class Members will have the opportunity to seek review by a third-party Claims Referee, at Defendant’s expense, if they dispute the Claims Administrator's initial determination.

c. Compensation for Ordinary Losses: Defendant will reimburse documented out of pocket expenses incurred as a result of the Data Breach, up to a maximum of $500.00 per person, upon submission of a claim and supporting documentation, such as the following losses:

  1. Bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage, or gasoline for local travel; 
  2. Fees for credit reports, credit monitoring, or other identity theft insurance product purchased between May 19, 2021, and the date of the Settlement Agreement;
  3. Compensation for up to four (4) hours of lost time, at $15/hour, for a maximum of up to $60 per person, if at least one (1) full hour was spent dealing with the Data Breach.   Settlement Class members may submit claims for up to four (4) hours of lost time with an attestation that they spent the claimed time responding to issues raised by the Data Breach.  This payment shall be included in the $500 per person cap for compensation for documented out-of-pocket losses and lost time.
  4. This list of reimbursable documented out-of-pocket expenses is not meant to be exhaustive, but is exemplary.  Settlement Class Members may make claims for any documented out-of-pocket losses reasonably related to the Data Breach or to mitigating the effects of the Data Breach. The Claims Administrator shall have discretion to determine whether any claimed loss is reasonably related to the Data Breach.

d. Compensation for Extraordinary Losses:  Defendant will provide up to $3,500 in compensation to each Settlement Class Member who was the victim of actual documented identity theft and documents monetary loss arising from actual identity theft if:

  1. The loss is an actual, documented, and unreimbursed monetary loss;
  2. The loss was more likely than not caused by the Data Breach;
  3. The loss occurred between May 19, 2021, and the date of the Settlement Agreement;
  4. The loss is not already covered by one or more of the normal reimbursement categories; and the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.

e. Credit Monitoring: Defendant will pay for credit monitoring services as follows:

All Settlement Class Members may claim two (2) years of free credit monitoring services. If a Settlement Class Member claims this benefit, he or she will be mailed an activation code and instructions to the address he or she provides on the claim form after the Settlement becomes final. The Settlement Class Member will need to follow the instructions and use the activation code that he or she receives in the mail to enroll in the services. Credit monitoring protections will not begin until the Settlement Class Member uses the activation code to enroll in the services. Settlement Class Members may provide an email address on the claim form if they prefer to receive their instructions and activation code via email, rather than by mail.

All claims will be reviewed by the Claims Administrator and/or a Claims Referee. You must file a claim form online or by submitting a completed claim form by mail to get any money or benefits from the proposed Settlement. Claim forms must be submitted online by May 9, 2023, or be postmarked no later than May 9, 2023. You can download a Claim Form from the Documents section of this website or you can call the Claims Administrator at (833) 709-0092 to request that a claim form be mailed to you.

If you stay in the Settlement Class, you will be eligible to receive benefits, but you will not be able to sue the Defendant and its Released Persons (all subsidiary, parent and related entities, all officers, directors, shareholders, employees, attorneys, insurers, successors, and persons who acted on their behalf) regarding the claims in this case. The Settlement Agreement, which includes all provisions about settled claims, releases, and Released Persons, is available on the Documents section of this website.

The only way to keep the right to sue is to exclude yourself (FAQ 10), otherwise you will be included in the Settlement Class, if the Settlement is approved, and you give up the right to sue for the claims in this case.

Yes. Four Class Representatives will receive a service award of up to a maximum total amount of $2,500.00 each ($10,000.00 total), to compensate them for their services and efforts in bringing the lawsuit. The Court will make the final decision as to the amount, if any, to be paid to the Class Representatives. The Class Representatives in this case are Alicia Charlie, Leona Garcia Lacey, Darrell Tsosie, and E.H., by and through his guardian, Gary Hicks.

If you do not want to be included in the Settlement, you must either submit the exclusion form online on the Settlement Website by April 10, 2023, or send a written request for exclusion, postmarked no later than April 10, 2023 to:

Charlie v. Rehoboth

c/o Kroll Settlement Administration – Request for Exclusion

P.O. Box 225391

New York, NY 10150-5391


Your written request for exclusion must state your name and address (or the name and address of the person seeking exclusion) and must also contain a signed statement to the following effect: “I request to be excluded from the Settlement Class in the RMCHCS lawsuit.”

If you exclude yourself, you will not be able to receive any cash benefits from the Settlement and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit, and you will keep your right to sue the Defendant on your own for the claims that this Settlement involves.

You may visit the Documents section of this website to download an exclusion form. You may also obtain an exclusion form by calling the Claims Administrator at (833) 709-0092.

No. If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up the right to sue the Released Persons (listed in FAQ 8) for the claims this Settlement resolves.
If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any benefits from the Settlement, you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit against the Released Persons (listed in FAQ 8) about the settled claims in this case at any time.
Yes. The Court has appointed David K. Lietz and Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC (called “Class Counsel”) to represent the interests of all Settlement Class Members in this case. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel will apply to the Court for an award of attorneys’ fees and litigation expenses in an amount not to exceed $300,000. A copy of Class Counsel’s Application for Attorneys’ Fees, Costs, and Service Awards will be posted on the Documents section of this website, after it is filed. The Court will make the final decisions as to the amounts to be paid to Class Counsel and may award less than the amount requested by Class Counsel.

If you want to tell the Court that you do not agree with the proposed Settlement or some part of it, you can submit an objection telling it why you do not think the Settlement should be approved. Objections must be submitted in writing and include all the following information:

(i) the title of the case;

(ii) your name, address, and telephone number;

(iii) all legal and factual bases for your objection; and

(iv) copies of any documents that you want the Court to consider.

Should you wish to appear at the Final Approval Hearing, you must so state, and you must identify any documents or witnesses that you intend to call on your behalf.

Your Objection must be submitted to the Clerk of the Court by first-class U.S. mail, postmarked no later than April 10, 2023, to:

Clerk of the Court, US District Court
District of New Mexico
Pete V. Domenici U.S Courthouse
333 Lomas Blvd NW, Suite 270
Albuquerque, NM 87102

It must include the case name and docket number: Charlie v. Rehoboth McKinley Christian Health Care Services, Civil No. 21-652 SCY/KK (D. N.M. 2021). (the “Charlie Action”). In addition, you must mail a copy of your objection to Class Counsel and Defense Counsel postmarked no later than April 10, 2023:

CLASS COUNSEL
David K. Lietz
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
5335 Wisconsin Avenue NW
Suite 440
Washington, DC 20015
DEFENSE COUNSEL
Jon Kardassakis
LEWIS BRISBOIS BISGAARD & SMITH LLP
633 W. 5th Street
Suite 4000
Email: [email protected]
 If you do not submit your objection with all requirements, or if your objection is not postmarked by April 10, 2023, you will be considered to have waived all objections and will not be entitled to speak at the Final Approval Hearing.

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

The Court will hold the Final Approval Hearing at 10:00 a.m. MT, on May 24, 2023, via Zoom videoconferencing. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check for updated information.

At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class Members, and if it should be approved. If there are valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the award of attorneys’ fees and costs to Class Counsel and the request for Service Awards to the Class Representatives.

No. You are not required to come to the Final Approval Hearing. However, you are welcome to attend the hearing at your own expense.

If you submit an objection, you do not have to come to the hearing to talk about it. If your objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but that is not necessary.

Yes. You can speak at the Final Approval Hearing, but you must ask the Court for permission. To request permission to speak, you must file an Objection according to the instructions in FAQ 15, including all the information required. You cannot speak at the hearing if you exclude yourself from the Settlement.
If you do nothing, you will not get any money from the Settlement, you will not be able to sue for the claims in this case, and you will release the claims against Defendant described in FAQ 8.

This is only a summary of the proposed Settlement. If you want additional information about this lawsuit, including a copy of the Settlement Agreement, the complaint, the Court’s Preliminary Approval Order, Class Counsel’s Application for Attorneys’ Fees and Expenses, and more, please visit the Documents section of this website or call (833) 709-0092. You may also contact the Claims Administrator at: Charlie v. Rehoboth, c/o Kroll Settlement Administration, P.O. Box 225391, New York, NY, 10150-5391.

PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR LITIGATION TO THE CLERK OF THE COURT, THE JUDGES, OR DEFENDANT, OR DEFENDANT’S COUNSEL.

This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration LLC, the Claims Administrator approved by the Court. This is the only authorized website for this case.

Call
(833) 709-0092
Mail
Charlie v. Rehoboth c/o Kroll Settlement Administration
P.O. Box 225391
New York, NY 10150-5391

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Exclusion Deadline

    Monday, April 10, 2023 You must complete and mail your request for exclusion form so that it is postmarked or submitted online no later than April 10, 2023.
  • Objection Deadline

    Monday, April 10, 2023 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than April 10, 2023
  • Claim Form Deadline

    Tuesday, May 9, 2023 You must submit your Claim Form online no later than Tuesday, May 09, 2023, or mail your completed paper Claim Form so that it is postmarked no later than May 09, 2023.
  • Final Approval Hearing Date

    Wednesday, May 24, 2023 The Final Approval Hearing is scheduled for May 24, 2023, at 10:00 a.m. MT. Please check this website for updates.

Important Documents

Having Trouble?

Having trouble opening .pdf files? You can download Acrobat Reader  for free from www.adobe.com.

Copyright © 2024 Charlie v. Rehoboth c/o Kroll Settlement Administration - All Rights Reserved. This site is designed and developed by Charlie v. Rehoboth c/o Kroll Settlement Administration - Privacy Policy