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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.
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:
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:
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.
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.
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:
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.
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:
David K. Lietz
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
5335 Wisconsin Avenue NW
Washington, DC 20015
LEWIS BRISBOIS BISGAARD & SMITH LLP
633 W. 5th Street
Email: [email protected]
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.
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.