Class Action Settlement Notice - Kalispell Healthcare Data Breach: Morgan & Morgan, LLP
KALISPELL, Mont., Dec. 3, 2020 /PRNewswire/ --
MONTANA EIGHTH JUDICIAL DISTRICT COURT
CASCADE COUNTY
WILLIAM HENDERSON, individually and
on behalf of all others similarly situated
individuals,
Plaintiff,
v.
KALISPELL REGIONAL HEALTHCARE,
Defendant.
No. CDV 19-0761
This notice affects all persons who received notice from Kalispell Regional Healthcare that your personal information was or may have been compromised in the data breach initially disclosed by Kalispell on or about October 2019.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Montana Rules of Civil Procedure that a hearing will be held on Tuesday, January 5, 2021, at 9:30 am, before the Honorable Judge Elizabeth A. Best, via Zoom, for the purposes of determining, among other things, whether: (i) this matter should be finally certified as a class action for settlement purposes pursuant to rule 23(a) and (b)(3); (ii) the Settlement should be approved as fair, reasonable and adequate, and finally approved pursuant to rule 23(e); (iii) this consolidated action should be dismissed with prejudice pursuant to the terms of the Settlement Agreement; (iv) Settlement Class Members should be bound by the releases set forth in the Settlement Agreement; (v) the application of Class Counsel for an award of attorneys' fees, costs, and expenses should be approved pursuant to rule 23(h); and (vi) the application of the Settlement Class Representatives for service awards should be approved. This notice incorporates by reference the definitions in the Stipulation and Settlement, and all capitalized terms used, but not defined herein, shall have the same meaning as in the Settlement. A copy of the Settlement can be obtained at www.KalispellDataBreachSettlement.com.
If you received notice from Kalispell that your personal information was or may have been compromised in the data breach your rights may be affected by the settlement of this Consolidated Action. You may be entitled to share in the distribution of the Settlement Fund if you submit a Claim Form postmarked or submitted online no later than February 25, 2021, and if the information and documentation you provide in that Claim Form establishes that you are entitled to recovery. All Settlement Class Members in the United States will be eligible to access identity restoration services and minor monitoring services offered through Experian.
This Summary Notice provides only a summary of matters regarding the Consolidated Action and the Settlement. A detailed Notice of Pendency and Proposed Settlement of Class Action (the "Notice") describing the Consolidated Action, the proposed Settlement, and the rights of Settlement Class Members to appear in Court at the Final Approval Hearing, to request to be excluded from the Settlement Class, and/or to object to the Settlement, the Plan of Allocation and/or the request by Legal Counsel for an award of attorneys' fees and reimbursement of Litigation Expenses is available at www.KalispellDataBreqachSettlement.com.. If you have not received the Notice and a copy of the Claim Form, you may obtain them free of charge by visiting www.KalispellDataBreachSettlement.com or by contacting the Claims Administrator by mail at: Kalispell Data Breach Settlement, c/o Verus LLC, P.O. Box 6535, Lawrenceville, NJ 08648.
As further described in the Notice, if you are a Settlement Class Member, you will be bound by any Judgment entered in the Consolidated Action, regardless of whether you submit a Claim Form, unless you exclude yourself from the Class, in accordance with the procedures set forth in the Notice, postmarked no later than December 11, 2020. Any objections to the Settlement, Plan of Allocation, application for attorneys' fees and expenses, or applications for compensatory awards must be filed and served, in accordance with the procedures set forth in the Notice, postmarked no later than December 11, 2020.
Inquiries, other than requests for the Notice, may be made to Lead Counsel for the Class:
John Yanchunis, Esq.
Morgan & Morgan, LLP
201 N Franklin St, 7th Floor
Tampa, FL 33602
813-223-5505.
John Heenan
Joseph P. Cook
1631 Zimmerman Trail
Billings, MT 59102
406-839-9091
David R. Paoli
Paoli Law Firm, P.C.
257 W. Front St., Suite A
Missoula, MT 59802
406-542-3330
INQUIRIES SHOULD NOT BE DIRECTED TO THE COURT, THE CLERK'S OFFICE, DEFENDANTS, OR DEFENDANTS' COUNSEL.
If you have any questions about the Settlement, you may contact Lead Counsel at the address listed above.
SOURCE Morgan & Morgan, LLP
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