1. WHAT IS THIS LAWSUIT ABOUT?
2. WHY IS THERE A SETTLEMENT?
3. AM I A CLASS MEMBER?
4. WHO REPRESENTS ME?
5. WHAT ARE THE SETTLEMENT BENEFITS?
6. HOW DO I GET A PAYMENT?
7. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?
8. HOW DO I OBJECT TO THE SETTLEMENT?
9. WHAT’S THE DIFFRENCE BETWEEN OBJECTING AND ASKING TO BE EXCLUDED?
10. WHAT AM I AGREEING TO BY REMAINING IN THE SETTLEMENT CLASS?
11. WHEN WILL THE COURT DECIDE WHETHER TO APPROVAL THE SETTLEMENT?
12. HOW DO I GET MORE INFORMATION?
In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. All of the people with similar claims are class members. One court resolves the issues for all class members, except those who exclude themselves from the class.
This lawsuit began when the class representatives (“Plaintiffs”) filed a putative class action complaint against Johns Hopkins. In the lawsuit, Plaintiffs allege that Johns Hopkins was negligent and violated contractual and statutory damages when a third party obtained unauthorized access to personal information of certain Johns Hopkins students, employees, and patients. Johns Hopkins denies any liability or wrongdoing of any kind associated with the claims in this lawsuit.
This is just a summary of the allegations.
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To resolve this matter without the expense, delay, and uncertainties of litigation, the parties reached a settlement. The proposed settlement would require Johns Hopkins to pay money to the Settlement Class, and pay settlement administration costs, attorneys’ fees and costs of Class Counsel, and a Service Payment to the Class Representatives, as may be approved by the Court. The settlement is not an admission of wrongdoing by Johns Hopkins and does not imply that there has been, or would be, any finding that Johns Hopkins violated the law.
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You are a member of the Settlement Class (“Settlement Class Member”) if you are a resident of the United States whose information was impacted in the data security incident and you received notice of the data security incident from Johns Hopkins. If the Settlement Class Member receiving this notice has not reached the age of eighteen, a lawful, authorized, and/or duly appointed parent, guardian, or caretaker may act as a “Settlement Class Member Representative.”
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The Court has appointed a team of lawyers as Class Counsel.
William B. Federman
FEDERMAN & SHERWOOD
10205 North Pennsylvania Avenue
Oklahoma City, Oklahoma 73120
Class Counsel will petition to be paid legal fees and to be reimbursed for their reasonable expenses from the Settlement Fund. You do not need to hire your own lawyer, but you may choose to do so at your own expense.
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Johns Hopkins has agreed to establish a Settlement Fund, by depositing with the Settlement Administrator US $2,900,000.00 in cash.
The Settlement Fund will be used to pay attorneys’ fees and costs, a Service Payment for the Class Representatives, and settlement administration costs. After deducting amounts for attorneys’ fees and costs, a Service Payment for the Class Representative, and settlement administration costs, the remaining amount (“Net Settlement Amount”) will be used to pay timely valid claims.
A Settlement Class Member (through yourself or a Settlement Class Member Representative) who timely submits a valid and approved Claim Form shall be entitled to a Claimant Award:
After payment of the above categories of awards, any amount of the Settlement Fund remaining after the date for cashing checks has passed shall be transferred to a cy pres recipient.
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You (through yourself or a Settlement Class Member Representative) must submit a completed Claim Form no later than September 12, 2024. You may submit a Claim Form online by going HERE.
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If you want to exclude yourself from the Settlement Class, sometimes referred to as “opting out,” you will not be eligible to recover any benefits as a result of this settlement and you will not receive a payment or have any rights under the Settlement Agreement. However, you would keep the right to sue Johns Hopkins at your own expense about the legal issues raised in this lawsuit. You (through yourself or a Settlement Class Member Representative) may exclude yourself from the settlement by mailing a written notice to the Settlement Administrator, postmarked on or before August 13, 2024. Your exclusion request letter must:
JH Settlement
Settlement Administrator
PO Box 25225
Santa Ana, CA 92799
postmarked on or before August 13, 2024.
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If you are a member of the Settlement Class and you do not exclude yourself from the settlement, you can object to the settlement. To do so, you (through yourself or a Settlement Class Member Representative) must file your written objection with the Court no later than August 13, 2024 and mail a copy to Class Counsel and Johns Hopkins’ Counsel at the addresses listed below. Your written objection may include any supporting documentation you wish the Court to consider. If your objection is submitted and overruled by the Court at the Final Approval hearing, you will remain fully bound by the terms of the Settlement Agreement and the Final Approval Order.
Mailing addresses for Class Counsel and Johns Hopkins’ Counsel are as follows:
CLASS COUNSEL: William B. Federman | JOHNS HOPKINS’ COUNSEL: Aravind Swaminathan |
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Objecting means telling the Court that you do not like something about the settlement. You can object to the settlement only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the settlement. If you exclude yourself, then you have no basis to object to the settlement because it no longer affects you.
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Unless you exclude yourself, you will be part of the Settlement Class and you will be bound by the release of claims in the settlement. This means that if the settlement is approved, you cannot sue, continue to sue, or be part of any lawsuit against Johns Hopkins or the other Released Parties asserting a “Released Claim,” as defined below. It also means that the Court’s Order approving the settlement and the judgment in this case will apply to you and legally bind you.
“Released Claims” means any and all actual, potential, filed, unfiled, known or unknown, fixed or contingent, claimed or unclaimed, suspected or unsuspected, claims, demands, liabilities, rights, causes of action, damages, punitive, exemplary or multiplied damages, expenses, costs, attorneys’ fees and/or obligations, whether in law or in equity, accrued or unaccrued, direct, individual or representative, of every nature and description whatsoever, whether based on federal, state, local, statutory or common law or any other law, against the Released Parties, or any of them, arising out of, or relating to, actual or alleged facts, transactions, events, matters, occurrences, acts, disclosures, statements, representations, omissions or failures to act in connection with the data security incident, and including all claims that were brought or could have been brought in the Action, belonging to any and all Settlement Class Members, including but not limited to any state law or common law claims that they may have or had, such as under the Maryland Consumer Protection Act, the Maryland Personal Information Act, and the Federal Trade Commission Act.
“Released Parties” means Johns Hopkins and its past, present, and future, direct and indirect heirs, assigns, associates, corporations, investors, owners, parents, subsidiaries, affiliates, divisions, officers, directors, shareholders, agents, employees, attorneys, insurers, reinsurers, benefit plans, predecessors, successors, managers, administrators, executors and trustees.
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The Court will hold a Final Approval Hearing on September 26, 2024 at 10:00 am, which will be held either remotely or at Mitchell Courthouse, 111 N. Calvert Street, Baltimore, Maryland 21202. At that hearing, the Court will determine the overall fairness of the settlement, hear objections, and decide whether to approve the requested attorneys’ fees and expenses, Service Payment for the Class Representative, and settlement administration costs. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check back here and the Court’s docket for updates.
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For more information, you may also write to the Settlement Administrator via mail to PO Box 25225, Santa Ana, CA 92799 or via email at info@JHSettlement.com.
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