GETTING MORE INFORMATION. 25. How do I get more information? This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxx, by calling 1-XXX-XXX-XXXX, or by writing to: COI Claims Administrator Portland, OR XXXXX-XXXX PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICE. EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portland, OR 972XX-XXXX Court-Approved Legal Notice If you were notified that your personal information may have been compromised as a result of a data security incident with Convergent Outsourcing, Inc., on or around June 17, 2022, you may be entitled to benefits from a settlement. <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. (“Convergent”) for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information on or around June 17, 2022 (“Data Incident”). You are receiving this notice because you may be a class member. If you are a Settlement Class Member, you may file a Claim Form to receive: o Documented Ordinary Losses – Up to $1,500 for documented out-of-pocket expenses fairly traceable to the Data Incident. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data Incident, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of costs of the settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Note that if the costs of the settlement exceed the Settlement Fund, individuals selecting this option may not receive any payment.
Appears in 2 contracts
Samples: Amended Settlement Agreement and Release, Amended Settlement Agreement and Release
GETTING MORE INFORMATION. 2517. How do I get Are there more informationdetails about the settlement? This Notice notice summarizes the proposed Settlement. Complete More details are provided in the Settlement Agreement. The You can view and print a copy of the Settlement Agreement and other related documents information about the lawsuit by visiting xxx.XXXXXXXXXXX.xxx, where you will find answers to common questions about the Settlement, and other information to help you determine whether you are available at xxx.xxxxxxxxx.xxxeligible for a payment. The website will also have instructions for filling out your Claim Form online. Please do not call the Court, by calling 1-XXX-XXX-XXXXthe Court clerk’s office, or PROGRESSIVE to inquire about this settlement. They will be unable to help you. By order of the United States District Court for the Western District of Washington (Seattle). Dated: , 2021 /s/ Judge XXXXXXX X. XXXXXXXXX The Xxxxxxxxx XXXXXXX X. ROTHSTEIN UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE AMEENJOHN STANIKZY, v. Plaintiff, No. 2:20-CV-00118 BJR [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT PROGRESSIVE DIRECT INSURANCE COMPANY, Defendant. Plaintiffs, Xxxxxxxxx Xxxxxxxx, Xxxxxx Xxxxxx, and Xxx Xxxxxx on behalf of himself and the proposed Settlement Class, and Defendant, Progressive Direct Insurance Company (“PROGRESSIVE”) all acting by writing to: COI Claims Administrator Portlandand through their respective counsel, OR XXXXX-XXXX PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICE. EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portlandhave agreed, OR 972XX-XXXX Court-Approved Legal subject to final Court approval following sending of the Class Notice If you were notified that your personal information may to the Settlement Class, to settle this Action upon the terms and conditions in the Settlement Agreement, filed with the Court on , 2021; and Plaintiffs have been compromised as a result moved for certification of a data security incident with Convergent Outsourcingsettlement class, Inc., on or around June 17, 2022, you may be entitled to benefits from a settlement. <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. (“Convergent”) for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information on or around June 17, 2022 (“Data Incident”). You are receiving this notice because you may be a class member. If you are a Settlement Class Member, you may file a Claim Form to receive: o Documented Ordinary Losses – Up to $1,500 for documented out-of-pocket expenses fairly traceable to the Data Incident. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data Incident, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of costs preliminary approval of the settlement including the costs of the Notice Program and Claims Administration, Attorneysparties’ Fees and Expenses of up to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffsclass settlement, and payments for claims for Ordinary Lossesthe provision of notice, Attested Time Spentas set forth in the Agreement and pursuant to FRCP 23(e) ; and The Court has read and considered the Settlement Agreement and the exhibits thereto and has read and considered all other papers filed and prior proceedings had herein, and Extraordinary Losses. Note that if the costs of the settlement exceed the Settlement Fundis otherwise fully informed, individuals selecting this option may not receive any payment.and with good cause appearing, IT IS HEREBY ORDERED AS FOLLOWS:
Appears in 1 contract
Samples: washingtonprogressivedirecttotallossinsurancesettlement.com
GETTING MORE INFORMATION. 25. How do I get more information? Further information may be obtained from this action’s website at xxxx://xxxxxxxxxxxxxxxxxxxxxxxxxx.xx. If you have questions about this action, please contact Class Counsel. If you have questions about the settlement, or your potential entitlement under the settlement, please contact the Claims Administrator: CLAIMS ADMINISTRATOR CLASS COUNSEL CA2 Inc. 0 Xxxxxx Xxxxxx Xxxxxx Toronto, ON M5R 1B2 xxxx@xxxxxxxxxxx0.xxx Tel: 1-800-***-**** Attn: Personal Privacy Class Action XXXXXXX XXXXXXXX PC 00 Xxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, XX X0X 0X0 xxxxxxxxx@xxxxxxxxxxxxxxx.xx Tel: 0-000-000-0000 Fax: 000-000-0000 Attn: Personal Privacy Class Action *** Please note that the Court offices cannot answer any questions about the matters in this notice. Please do not contact the Court regarding this notice. *** SCHEDULE D NOTICE OF COURT ORDER (SHORT FORM) Order for Class Action Certification, Settlement Approval, and Counsel Fee Approval XXXXXXX v. THE PERSONAL INSURANCE COMPANY CLASS ACTION PLEASE READ THIS NOTICE CAREFULLY. IT MAY AFFECT YOUR RIGHTS. WHO THIS NOTICE IS FOR This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. is for all persons who: (1) were insured by The Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxx, by calling 1-XXX-XXX-XXXX, or by writing to: COI Claims Administrator Portland, OR XXXXX-XXXX PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICE. EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portland, OR 972XX-XXXX Court-Approved Legal Notice If you were notified that your personal information may have been compromised as a result of a data security incident with Convergent Outsourcing, Inc., on or around June 17, 2022, you may be entitled to benefits from a settlement. <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. Personal Insurance Company (“ConvergentThe Personal”) for under a data security incident where valid automobile insurance policy between January 2012 and May 2019; (2) made an unauthorized individual accessed Convergentautomobile insurance claim under that policy with The Personal during that time; and (3) consented to the collection and/or use of their credit score by The Personal or its agents as part of the fraud prevention and detection needs of The Personal’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information on or around June 17, 2022 claims management process (the “Data IncidentClass”). You are receiving have received this notice because The Personal has ascertained from its records that you may be a class memberare among those persons who fall within the Class definition. If You do not need to take any further action to establish that you are a Settlement member of the Class. WHAT THE ACTION IS ABOUT Starting in January 2012, The Personal requested consent from insureds to collect and/or use their credit score in order to assist in the detection and prevention of fraud as part of its automobile insurance claims management process. If it obtained the insured’s consent to do so, The Personal collected and/or used that insured’s credit score information. Further to a complaint brought by Xxxxxx Xxxxxxx, the Office of the Privacy Commissioner (the “OPC”) delivered a report in March 2017. It concluded that The Personal breached certain principles of PIPEDA. The OPC made recommendations. The Personal changed its procedures so that it no longer collects and/or uses its insureds’ credit score as part of the fraud prevention and detection needs of The Personal’s automobile insurance claims management process. Xx. Xxxxxxx (the “Plaintiff”) commenced a class action (the “Class MemberAction”) against The Personal and its parent company, you may file a Claim Form Xxxxxxxxxx General Insurance Group Inc. (“Desjardins”), alleging that the defendants had breached the privacy rights of the Class, and sought damages for the Class. The defendants deny any liability and deny the truth of the allegations made against them. The Plaintiff also brought an access to receive: o Documented Ordinary Losses – Up to $1,500 for documented out-of-pocket expenses fairly traceable information request to the Data IncidentOPC. o Attested Time Spent – Reimbursement for up This was the subject of a separate court proceeding in which The Personal sought judicial review of the Privacy Commissioner’s decision to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related release documents to the Data IncidentPlaintiff (the “Related Proceedings”). o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from Please note that this Class Action is unrelated to the Data Incidentdisclosure of personal information outside Desjardins without authorization that was announced on June 20, up 2019. That matter impacted Desjardins caisse members only. The Settlement is a compromise of disputed claims in order to $10,000. OR you can elect achieve an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of costs early full and final resolution of the settlement including Class Action and without any admission or findings of liability or wrongdoing against defendants. The defendants deny any liability and deny the costs truth of the Notice Program allegations made against them. If the Settlement is not approved, they will defend the Class Action and Claims Administration, Attorneys’ Fees and Expenses of up to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Note that if the costs oppose certification of the settlement exceed the Settlement Fund, individuals selecting this option may not receive any paymentaction as a class proceeding.
Appears in 1 contract
Samples: Settlement Agreement
GETTING MORE INFORMATION. 2523. How do I get Are there more informationdetails about the proposed Settlement and the lawsuit? This Notice summarizes the proposed Settlement. Complete More details are provided in the Settlement Agreement. The You may review the Settlement Agreement filed with the Court and other related all documents are available filed in the Action during business hours at xxx.xxxxxxxxx.xxxthe Office of the Clerk of the United States District Court for the Eastern District of Virginia, by calling 1-XXX-XXX-XXXXXxxxxx X. Xxxxx U.S. Courthouse, or by writing to: COI 000 Xxxxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000. You also can call the Claims Administrator Portlandtoll-free at 000-000-0000; write to In re Neustar, OR XXXXXInc. Securities Litigation, c/o A.B. Data, Ltd., P.O. Box 170500, Milwaukee, WI 53217-XXXX PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICE. EXHIBIT C SUMMARY NOTICE COI 8091; or visit the websites of the Claims Administrator PO Box XXXX Portlandor Lead Counsel at xxx.XxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx or xxx.xxxxxxx.xxx, OR 972XX-XXXX Court-Approved Legal Notice If where you were notified that your personal can find answers to common questions about the Settlement, download copies of the Settlement Agreement or Proof of Claim form, and locate other information may have been compromised as a result of a data security incident with Convergent Outsourcing, Inc., on or around June 17, 2022, to help you may be entitled to benefits from a settlement. <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. (“Convergent”) for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information on or around June 17, 2022 (“Data Incident”). You are receiving this notice because you may be a class member. If determine whether you are a Settlement Class Member, Member and whether you may file are eligible for a Claim Form to receive: o Documented Ordinary Losses – Up to payment. Please Do Not Call The Court Or Neustar With Questions About The Settlement. PLAN OF ALLOCATION OF NET SETTLEMENT FUND AMONG SETTLEMENT CLASS MEMBERS The $1,500 for documented out-of-pocket expenses fairly traceable to 2.625 million Settlement Amount and any interest it earns is called the Data IncidentSettlement Fund. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data Incident, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net The Settlement Fund, which is $2,450,000 minus payment all Taxes, costs, fees, and expenses (the Net Settlement Fund), will be distributed according to the Plan of costs Allocation described below to members of the settlement including Settlement Class who timely submit valid Proofs of Claim (“Authorized Claimants”). Settlement Class Members who do not timely submit valid Proofs of Claim will not share in the costs Net Settlement Fund but will otherwise be bound by the terms of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses Settlement. The Court may approve the Plan of up to $661,500, Service Awards of up to $1,500 each Allocation or modify it without additional notice to the Representative PlaintiffsSettlement Class. Any order modifying the Plan of Allocation will be posted on the settlement website at xxx.XxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx and at xxx.xxxxxxx.xxx. The Claims Administrator will determine each Authorized Claimant’s share of the Net Settlement Fund based upon each Authorized Claimant’s “Recognized Claim,” as described below. The Plan of Allocation is not intended to estimate the amount a Settlement Class Member might have been able to recover after a trial, nor is it intended to estimate the amount that will be paid to Authorized Claimants. The Plan of Allocation is the basis upon which the Net Settlement Fund will be proportionately divided among all the Authorized Claimants. The Court will be asked to approve the Claims Administrator’s determinations before the Net Settlement Fund is distributed to Authorized Claimants. No distributions to Authorized Claimants who would receive less than $10.00 will be made, given the administrative expenses of processing and mailing such checks. Defendants, their respective counsel, and payments all other Released Defendant Parties will have no responsibility for claims or liability whatsoever for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Note that if the costs investment of the settlement exceed the Settlement Fund, individuals selecting the distribution of the Net Settlement Fund, the Plan of Allocation, or the payment of any claim. Lead Plaintiff and Lead Counsel likewise will have no liability for their reasonable efforts to execute, administer, and distribute the Settlement. The following Plan of Allocation reflects the allegations that the price of publicly traded Neustar common stock during the Class Period was inflated artificially by reason of allegedly false and misleading statements made by Defendants. For losses to be compensable under the federal securities laws, the disclosure of the allegedly misrepresented information must be the cause of the decline in the price of the security. Defendants deny any allegations of liability. In this option may case, Lead Plaintiff alleges that corrective information released to the market on the following trading dates (or after the market closed on the respective prior trading dates) impacted the market price of publicly traded Neustar common stock and removed the alleged artificial inflation from the stock price: January 30, 2014 and June 9, 2014. Additionally, Lead Plaintiff believes, consistent with the allegations in the Complaint, that the merits of the claims became stronger as of October 30, 2014, which is the first date on which Defendants made allegedly false and misleading statements after Neustar submitted an unsolicited, revised best-and-final offer for the NPAC contracts that was subsequently rejected. A “Recognized Loss Amount” will be calculated for each share of Neustar publicly traded common stock purchased or otherwise acquired during the Class Period, pursuant to the formulas below. If a Recognized Loss Amount calculates to a negative number, the Recognized Loss Amount shall be zero. The sum of a claimant’s Recognized Loss Amounts, or a claimant’s overall market loss as explained below, will be the claimant’s “Recognized Claim.” To the extent there are sufficient funds in the Net Settlement Fund, each Authorized Claimant will receive an amount equal to the Authorized Xxxxxxxx’s Recognized Claim. If, however, the amount in the Net Settlement Fund is not receive any paymentsufficient to permit payment of the total of all Recognized Claims, then each Authorized Claimant will be paid the percentage of the Net Settlement Fund that each Authorized Claimant’s Recognized Claim bears to the total of the claims of all Authorized Claimants (“pro rata share”).
Appears in 1 contract
Samples: Settlement Agreement
GETTING MORE INFORMATION. 25. How do I get more information? This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxx, by calling 1-XXX-XXX-XXXX, or by writing to: COI Canon Claims Administrator PortlandPO Box XXXX [INSERT CITY, OR STATE], XXXXX-XXXX PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICE. EXHIBIT C SUMMARY NOTICE COI B Canon Claims Administrator Portland, OR 97XXX-XXXX PO Box XXXX Portland, OR 972XX-XXXX Court-Approved Legal Notice of Pendency and Proposed Settlement of Class Action If you were notified that your personal information may have been compromised as received a result Notice of a data security incident with Convergent Outsourcing, Inc., Privacy Incident regarding the Data Incident from Canon U.S.A. on or around June 17November 24, 20222020, you may be entitled to benefits eligible for a payment from a class action settlement. <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A settlement Settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. (“ConvergentLawsuit”) for about a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information that occurred on or around June 17August 4, 2022 2020, which potentially left personal information accessible to the public (the “Data Incident”). You The information at issue may have included certain names, Social Security Numbers, driver’s license numbers or government-issued identification numbers, financial account numbers provided for direct deposit, electronic signatures, and dates of birth. The Lawsuit alleges that Canon U.S.A., Inc., Canon Solutions America, Inc., Canon Software America, Inc., Canon Information and Imaging Solutions, Inc., Canon Financial Services, Inc., Canon Medical Components U.S.A., Inc., Canon Information Technology Services, Inc., and NT-ware USA, Inc., (collectively, “Canon”) were responsible for the Data Incident because they did not take appropriate care to protect the personal information. Canon denies the claims and any wrongdoing. Canon records show you are receiving this notice because you may likely a member of the Settlement Class. The Settlement will reimburse eligible people who submit claims for: (1) unreimbursed, documented out-of-pocket expenses and compensation for attested-to lost time resulting from the Data Incident, up to a maximum of $300 per person; and (2) unreimbursed, documented extraordinary expenses that were caused by the Data Incident, up to a maximum of $7,500 per person. The Settlement also includes two years of credit monitoring and identity theft insurance, to be a class membersupported with any available documentation. If you are a Settlement Class MemberMember and you want to receive any benefits from the Settlement, you must complete and submit a Claim Form along with any required supporting information. Claim Forms can be found and completed on this website: xxx.XxxxxxxxxxXXX.xxx. The deadline to submit a Claim Form is Month 00, 2023. Settlement Class Members may also request exclusion from the Settlement or object to it. Requests for exclusion are due by Month 00, 2023. Settlement Class Members who do not request exclusion can object to the Settlement. Objections are due by Month 00, 2023. The Court will hold a Final Settlement Approval Hearing on Month 00, 2023 at 00:00 a.m. at the U.S. District Court for the Eastern District of New York located at 000 Xxxxxx Xxxxx E, Brooklyn, NY 11201 to consider whether to approve the settlement. The Court will hear objections, determine if the Settlement is fair, consider a service award of up to $1,000 for the Representative Plaintiffs, and consider Class Counsel’s request for attorneys’ fees, costs, and expenses, which will be filed at least thirty (30) days before the deadline to file an Objection. You or your own lawyer may ask to appear at the hearing to be heard by the Court, but you do not have to. The motion for attorneys’ fees and costs and service awards for the Representative Plaintiffs will be posted on the website after it is filed with the Court. The Court has appointed the following Counsel as Interim Class Counsel to represent the Settlement Class in this Lawsuit: Xxxx Xxxxxxxxx of Xxxxxx & Xxxxxx and Xxxx X. Xxxxxxx of Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx, LLC This is only a summary. For detailed information visit xxx.XxxxxxxxxxXXX.xxx or call 0-000-000-0000. You may contact the Settlement Administrator at Canon Settlement, c/o Settlement Administrator, PO Box 0000, City, State, Zip. EXHIBIT C Must be postmarked or submitted online NO LATER THAN Month 00, 2023 Canon Data Incident Claims Administrator PO Box 2057 Portland, OR 97208-2057 xxx.xxxxxxxxxxxx.xxx SETTLEMENT BENEFITS - WHAT YOU MAY GET Canon Data Incident Settlement Claim Form If you were sent the “Notice of Data Security Incident” by Canon dated on or around November 24, 2020, arising out of a Data Incident in which personal information may have been exposed to unauthorized activity, you are a Settlement Class Member and may submit a claim for the Settlement Benefit(s). The easiest way to submit a claim is online at xxx.xxxxxxxxxxxx.xxx, or you can complete and mail this Claim Form to the mailing address above. You may submit a claim for one or more of these benefits: Ordinary Expense Reimbursement: If you have documentation showing that you spent money or incurred losses as a result of the Data Incident, you are eligible to receive up to $300 for certain documented out-of-pocket losses incurred between August 4, 2020, and INSERT DATE OF SETTLEMENT AGREEMENT. This also includes reimbursement of $20 per hour for up to 4 hours of attested-to time spent monitoring accounts, reversing fraudulent charges, or otherwise dealing with the aftermath/cleanup of the Data Incident. Other Extraordinary Expense Reimbursement: You may be eligible to receive up to $7,500 for Extraordinary Expenses that plausibly occurred as a result of the Data Incident if: (a) it is an actual, documented, and unreimbursed monetary loss; (b) was caused by the Data Incident; (c) occurred during the time period from August 4, 2020, through and including INSERT DATE OF SETTLEMENT AGREEMENT; (d) is not an amount already covered by the Ordinary Expense Reimbursement; and (e) the claimant 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, to be supported with documentation. Credit Monitoring and Identity Protection: You are eligible for two (2) years of credit monitoring services. Claims must be submitted online or mailed by Month 00, 202_. Use the address at the top of this form for mailing this Claim Form. Please note: the Claims Administrator may contact you to request additional documents to process your claim. For more information on the Settlement benefits, what documents you need to attach, how the Claims Administrator will decide whether to approve your payments, and for complete instructions, visit xxx.xxxxxxxxxxxx.xxx. Settlement Benefits will be distributed only after the Settlement is approved by the Court. MAIL ID *0000PLACEHOLDER0000* Your Information – – We will use this information to contact you and process your claim. It will not be used for any other purpose. If any of the following information changes, you must promptly notify us by mail at PO Box 2057, Portland, OR 97208- 2057. First Name MI Last Name Mailing Address City State ZIP Code Phone Number Email Address Unique ID (located on the notice mailed to you) Cash Payment: Reimbursement for Lost Time If you spent time monitoring accounts, reversing fraudulent charges, or otherwise dealing with the aftermath/cleanup of the Data Incident, you may file be reimbursed for your time at $20 per hour, for up to 4 hours for time spent through [INSERT DATE OF SETTLEMENT AGREEMENT]. You must provide a Claim Form narrative description attesting to receivethe activities performed during the time claimed and their connection to the Data Incident to receive this benefit. Hours lost as a result of the Data Incident Description of the activities performed during the time claimed and their connection to the Data Incident 1 hour 2 hours 3 hours 4 hours Case 1:20-cv-06239-AMD-SJB Document 61-1 Filed 07/07/23 Page 54 of 55 PageID #: o 1073 MAIL ID *0000PLACEHOLDER0000* Cash Payment: Reimbursement for Documented Ordinary Losses – Up Out-of-Pocket Expenses You can receive reimbursement for up to $1,500 300 for documented out-of-pocket expenses fairly traceable to incurred through [INSERT DATE OF SETTLEMENT AGREEMENT] as a result of the Data Incident. o Attested Time You must attach documents to your Claim Form that show what happened and how much you lost or spent so that you can be repaid. This may include receipts or other documentation. “Self-prepared” documentation such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but may be considered to add clarity or support to other submitted documentation. Expense Types and Examples of Documents Approximate Amount of Expense and Date Description of Expense or Money Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues and Supporting Documents (Identify what you are attaching and why it’s related to the Data Incident. o ) Bank or Credit Card Fees Examples: Bank or credit card statements with fees, such as card reissuance, overdraft and late fees $ MM – DD – YYYY Unreimbursed Credit Monitoring Examples: Costs of credit reports, credit monitoring or other identity theft insurance products $ MM – DD – YYYY Other Expenses Resulting From Lack of Access to Accounts Examples: Costs of postage, mileage, interest on payday loans or other incidental expenses due to lack of access to existing account $ MM – DD – YYYY Cash Payment: Reimbursement for Documented Extraordinary Losses – Compensation Expenses You can receive reimbursement for up to $7,500 for documented extraordinary losses resulting from expenses incurred as a result of the Data Incident through [DATE OF SETTLEMENT AGREEMENT] if: (1) the loss is an actual, documented, and unreimbursed monetary loss; (2) the loss was caused by the Data Incident; (3) the loss occurred between August 4, up 2020 and Month 00, 2023; (4) the loss is not already covered by one or more categories in ordinary expenses reimbursement listed above; and (5) you made reasonable efforts to $10,000avoid, or seek reimbursement for, the loss, including but not limited to exhausting all available credit monitoring insurance and identity theft insurance, to be supported with documentation. OR You must attach documents to your Claim Form that show what happened and how much you lost or spent so that you can be repaid. This may include receipts or other documentation. “Self-prepared” documentation such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but may be considered to add clarity or support to other submitted documentation. Case 1:20-cv-06239-AMD-SJB Document 61-1 Filed 07/07/23 Page 55 of 55 PageID #: 1074 MAIL ID *0000PLACEHOLDER0000* Expense Types and Examples of Documents Approximate Amount of Expense and Date Description of Expense or Money Spent and Supporting Documents (Identify what you are attaching and why it’s related to the Data Incident) Extraordinary Losses Related to Identify Theft or Fraud Examples: Professional fees incurred to address identity theft or fraud, such as falsified tax returns, account fraud, and/or medical identity theft $ – – MM DD YYYY How You Would Like to Receive Your Cash Payment If you made a claim for a cash payment in this Claim Form, you can elect to receive your payment either by check or as a digital payment (e.g., an Alternative Cash Payment – A pro rata ACH direct deposit, prepaid debit card, or gift card using instructions emailed to you). Checks must be cashed within 60 days of receiving them. Which do you prefer? Check mailed to the address I provided on this Claim Digital payment instructions emailed to the email address I provided on this Claim Credit Monitoring and Identity Protection You are eligible to receive two (equal share2) payment from years of credit monitoring services. If you wish to receive free Credit Monitoring Services, please check the net box below. ◻ Credit Monitoring: I want to receive free credit monitoring services for two years. If you select this option, you will be sent instructions and an activation code after the Settlement Fund, is final to your email address or home address. This benefit can be selected in addition to any other benefit to which is $2,450,000 minus payment of costs the class member may be entitled on this form Signature I affirm under the laws of the settlement including United States that the costs of the Notice Program information supplied in this Claim Form is true and Claims Administration, Attorneys’ Fees and Expenses of up to $661,500, Service Awards of up to $1,500 each correct to the Representative Plaintiffsbest of my knowledge, and payments for claims for Ordinary Losses, Attested Time Spent, any documents I submitted in support of my claim are true and Extraordinary Lossescorrect copies of original documentation. Note I understand that if I may be asked to provide more information by the costs of the settlement exceed the Settlement Fund, individuals selecting this option may not receive any payment.Claims Administrator before my claim is complete. Date Signature MM DD YYYY
Appears in 1 contract
Samples: Amended Settlement Agreement
GETTING MORE INFORMATION. 25. How do I get more information? This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxx, by calling 1-XXX-XXX-XXXX, or by writing to: COI Claims Administrator Portland, OR XXXXX-PO Box XXXX PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICE. Case 2:22-cv-00849-RSM-DWC Document 83 Filed 03/01/24 Page 67 of 142 EXHIBIT C SUMMARY – SHORT FORM NOTICE COI Claims CasXeX2X:C2l2ai-mcvs -00849-RSM-DWC Document 83 Filed 03/01/24 Page 68 of 142 Administrator PO Box XXXX Portland, OR 972XX-XXXX Court-Approved Legal Notice If you were notified that your personal information may have been was compromised as a result of a data security incident with Convergent OutsourcingMCG Health, Inc., on or around June 17, 2022LLC, you may be entitled to benefits from a settlement. <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2CasAese2tt:le2m2en-cv-01558tchavs -b0een0r8ea4ch9ed-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. iRn aSclaMss -acDtioWn laCwsuit aDgaoinsct uMmCGeHneatlth8, L3LC (“ConvergentF“MilCeGd”) for a data security incident where f0or3a d/a0ta1se/c2ur4ity inPcidaengt. eMC6G9 of 142 determined on or about March 25, 2022 that an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergentparty previously obtained certain personally identifiable information and protected health information matching data on MCG’s systems and access certain personally identifying information on or around June 17, 2022 (“Data Incident”). While the date the breach occurred is unknown, there is evidence to suggest the data may have been acquired in February 2020. You are receiving this notice because you may be a class member. If you are a Settlement Class Member, you may file a Claim Form to receivereceive Credit Monitoring for three years AND: o Documented Ordinary Losses – Up to $1,500 for documented out-of-pocket expenses fairly traceable to the Data Incident. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. ; or o Documented Extraordinary Losses – Compensation for documented extraordinary losses resulting from the Data Incident, up to $10,000. Please Note: Claims for Documented Ordinary Losses will be limited to $1,500. Claims for Documented Extraordinary Losses will be limited to up to $10,000. All cash payments may be adjusted pro rata depending on the number of Class Members that participate in the Settlement. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 8,800,000 minus payment of costs of the settlement including the costs of the Notice Program and Claims Administration, any Attorneys’ Fees and Expenses Award of up to $661,5002,930,000, any Service Awards of up to $1,500 2,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, Losses and Extraordinary Losses. Note that if the costs of the settlement exceed the Settlement Fund, individuals selecting this option may not receive any payment.. What are my options? If you file a Claim Form, object to the Settlement, or do nothing, you are choosing to stay in the Settlement Class. To receive Settlement benefits, you must file a valid Claim Form. Your Claim Form must be submitted online at xxx.xxxxxxxxxx.xxx or mailed and postmarked on or before Month Day, 20YY. If you do not exclude yourself, you may object to the Settlement and attorneys’ fees and expenses and service awards by Month DD, 20YY. If you don’t want to be legally bound by the Settlement or receive any benefits from it, you may request to be excluded from the Settlement Class in writing by a request postmarked, or submitted electronically via the Settlement Website, on or before Month DD, 20YY. Unless you exclude yourself, you give up any right to sue MCG or Released Parties for the claims resolved by this Settlement. If the Settlement is approved and becomes final, the Court’s orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against XXX or the Released Parties about the legal issues in this lawsuit that are released by this Settlement. The Court will hold a Final Approval Hearing on Month Day, 20YY, at X:XX a.m./p.m. At the Final Approval Hearing, the Court will consider whether to approve the Settlement. If you do not exclude yourself, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to hire and pay for your own lawyer. This Notice is a summary. More information is available at xxx.xxxxxxxxxx.xxx or by calling toll-free 1-xxx-xxx-xxxx. Exhibit D – Proposed Order on Preliminary Approval 1 The Xxxxxxxxx Xxxxxxx X. Martinez 6 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 In re MCG Health Data Security Issue 10 Litigation NO. 2:22-CV-00849-RSM-DWC [PROPOSED] ORDER GRANTING 11 PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY 12 APPROVAL OF CLASS ACTION SETTLEMENT 14 This matter is before the Court on Plaintiffs’ Unopposed Motion for Preliminary
Appears in 1 contract
Samples: Settlement Agreement and Release
GETTING MORE INFORMATION. 2522. How do I get more information? This Notice summarizes For even more detailed information concerning the matters involved in this Litigation, you can obtain answers to common questions regarding the proposed SettlementSettlement by contacting the Claims Administrator toll-free at 0-000-000-0000. Complete details are provided in Reference is also made to the Settlement Agreement, to the pleadings in support of the Settlement, to the Orders entered by the Court and to the other Settlement related papers filed in the Litigation, which are posted on the Settlement website at xxx.XxxxxXxxxxxxxxxXxxxxxxxxx.xxx, and which may be inspected at the Office of the Clerk of the United States District Court for the Eastern District of New York, during regular business hours. The Settlement Agreement and other related documents For a fee, all papers filed in this Litigation are available at xxx.xxxxxxxxx.xxxxxx.xxxxx.xxx. PLAN OF ALLOCATION OF NET SETTLEMENT FUND AMONG SETTLEMENT CLASS MEMBERS The Settlement Amount of $20 million and any interest earned thereon is the “Settlement Fund.” The Settlement Fund, by calling 1-XXX-XXX-XXXXless all taxes, or by writing to: COI tax expenses, notice and claims administration expenses, and approved fees and expenses (the “Net Settlement Fund”) shall be distributed to Settlement Class Members who submit timely and valid Proof of Claim forms to the Claims Administrator Portland, OR XXXXX-XXXX PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICE. EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portland, OR 972XX-XXXX Court-Approved Legal Notice If you were notified that your personal information may have been compromised as a result of a data security incident with Convergent Outsourcing, Inc., on or around June 17, 2022, you may be entitled to benefits from a settlement. <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. (“Convergent”) for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information on or around June 17, 2022 (“Data IncidentAuthorized Claimants”). You are receiving this notice because The Plan of Allocation provides that you may will be a class membereligible to participate in the distribution of the Net Settlement Fund only if you have an overall net loss on all of your transactions in Graña y Xxxxxxx ADS during the Class Period. If you are a The objective of the Plan of Allocation is to equitably distribute the Net Settlement Fund among Settlement Class Member, you may file a Claim Form to receive: o Documented Ordinary Losses – Up to $1,500 for documented out-of-pocket expenses fairly traceable to the Data Incident. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. o Documented Extraordinary Losses – Compensation for extraordinary Members based on their respective alleged economic losses resulting from the Data Incident, up to $10,000securities law violations alleged in the Litigation. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net The Claims Administrator shall determine each Settlement Fund, which is $2,450,000 minus payment of costs Class Member’s share of the settlement Net Settlement Fund based upon the recognized loss formula (the “Recognized Loss”) described below. A Recognized Loss will be calculated for each Graña y Montero ADS purchased or otherwise acquired during the Class Period. The calculation of Recognized Loss will depend upon several factors, including when the costs Graña y Montero ADS was purchased or otherwise acquired and in what amounts, whether the shares were sold, and, if so, when they were sold and for what amounts. The Recognized Loss is not intended to estimate the amount a Settlement Class Member may have been able to recover after a trial, nor to estimate the amount you will receive. It is a formula for allocating the Net Settlement Fund among all Authorized Claimants. The allocation below is based on the following inflation per share amounts for Class Period ADS purchases and sales as well as the statutory PSLRA 90 day-look back amount of $3.16. Furthermore, if any of the Notice Program formulas set forth below yield an amount less than $0.00, the claim per ADS shall be $0.00. A “claim” will be calculated as follows: Inflation Period Inflation per Share July 24, 2013 – December 21, 2016 $5.00 December 22, 2016 – December 26, 2016 $4.88 December 27, 2016 $4.67 December 28, 2016 – December 29, 2016 $4.53 December 30, 2016 – January 2, 2017 $4.51 January 3, 2017 $4.24 January 4, 2017 $4.04 January 5, 2017 $3.70 January 6, 2017 – January 8, 2017 $3.54 January 9, 2017 $3.18 January 10, 2017 $3.12 January 11, 2017 $2.38 January 12, 2017 – February 23, 2017 $1.77 February 24, 2017 $0.00 For Grana y Montero ADSs purchased or acquired on or between July 24, 2013 through and Claims Administrationincluding February 24, Attorneys’ Fees and Expenses of up to $661,5002017, Service Awards of up to $1,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Note that if the costs of the settlement exceed the Settlement Fund, individuals selecting this option may not receive any payment.claim per ADS shall be as follows:
Appears in 1 contract
Samples: Stipulation and Agreement
GETTING MORE INFORMATION. 2522. How do Where can I get more informationdetails about the Settlement? This Notice summarizes If you have questions about the proposed Settlementsettlement, you may call 1-800- - . Complete details are provided in Or, you can call or email any of the following counsel: Xxxxxx X. Xxxxxxxxx, III P.O. Box 678 000 Xxxx Xxxx Xxxxxx Xxxxxxx, XX 00000 (000) 000-0000 xxx@xxxxxxxxxxxxxxxxxxx.xxx and Xxxxx X. Xxxxxx XxXxx & Xxxxxx, PLLC 000 Xxxx Xxxxxxx Xxxxxx Avenue Bardstown, KY 40004 (000) 000-0000 xxxxxxx@xxxxxxxxx.xxx EXHIBIT D Exhibit D CLAIM FORM FOR CANCELLATION ONLY (Please Print Clearly or Type) Not everyone who submits a Claim Form will be entitled to a payment under the terms of the Settlement Agreement. The However, you must fill out this Claim Form to trigger the review provided for in the Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxx, by calling 1-XXX-XXX-XXXX, or by writing to: COI Claims Administrator Portland, OR XXXXX-XXXX PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICE. EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portland, OR 972XX-XXXX Court-Approved Legal Notice If to determine whether you were notified that your personal information may have been compromised as a result of a data security incident with Convergent Outsourcing, Inc., on or around June 17, 2022, you may will be entitled to benefits receive a payment from this Settlement. Please fill out a settlementseparate Claim Form for each policy you believe was cancelled following the issuance of the Dual Purpose Notice by KFB for non-payment of premium by the due date stated on the notice. <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITYKFB Policy Number (or KFB Membership Number if Policy Number is Unknown): Name of Named Insured (including any previous names used while a Named Insured): Date of Birth: Current Mailing Address: Phone Number: Time Period Active Policy: Date of Cancellation: I hereby affirm under the penalty of perjury that at some point in time between July 6, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in 2009 and November 15, 2021, I was a class action lawsuit against Convergent Outsourcing Inc. Named Insured of an automobile insurance policy written by the Kentucky Farm Bureau Mutual Insurance Company (“Convergent”) for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information on or around June 17, 2022 (“Data IncidentKFB”), which was in effect for at least sixty (60) days, and my policy was purportedly cancelled by KFB for non-payment of premium by use of a premium notice having the dual purpose of notifying me of the due date of my insurance premium installment and also notifying me that my policy would be cancelled if the premium installment was not received by the stated due date. You are receiving this notice because you may be a class member. If you are a Settlement Class MemberIn addition, you may file a Claim Form to receive: o Documented Ordinary Losses – Up to $1,500 for documented out-of-pocket expenses fairly traceable the information provided above, if any, is true and correct to the Data Incidentbest of my knowledge and belief. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data IncidentSignature: Date: ** SUBMITTED CLAIM FORM MUST BE POSTMARKED BY: [DATE] RETURN TO: [ADDRESS] . o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data Incident, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata EXHIBIT E Exhibit E CLAIM FORM FOR REVIEW OF INSURANCE CLAIM DENIED DUE TO PURPORTED POLICY CANCELLATION FOR NON-PAYMENT OF PREMIUM (equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of costs of the settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Note that if the costs of the settlement exceed the Settlement Fund, individuals selecting this option may not receive any payment.Please Print Clearly or Type)
Appears in 1 contract
Samples: Settlement Agreement
GETTING MORE INFORMATION. 25. How do I get more information? This Notice summarizes the proposed Settlement. Complete You are urged to review more details are provided in the Settlement Agreement. The For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxxxxx.xxxxxxxxXXXXxxxxxxxxxx.xxx. You also may write with questions to the Settlement Administrator at Rack Room Settlement Administrator, by calling P.O. Box XXXX, XXXX, XX XXXXX or call the toll-free number, 1-XXXxxx-XXXxxx-XXXX, or by writing to: COI Claims Administrator Portland, OR XXXXX-XXXX PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICExxxx. EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portland4 If You Received a Text Message from Rack Room Shoes or Off Broadway Shoes, OR 972XX-XXXX Court-Approved Legal Notice If you were notified that your personal information may have been compromised as You May Be Entitled to a result of a data security incident with Convergent Outsourcing, Inc., on or around June 17, 2022, you may be entitled to benefits Payment from a settlementClass Action Settlement Si desea recibir esta notificación en español, llámenos o visite nuestra página web. <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing alleging that Rack Room Shoes, Inc. (“ConvergentRack Room”) for sent text messages to wireless telephone numbers without consent of the recipients in violation of the Telephone Consumer Xxxxxxxxxx Xxx, 00 X.X.X. § 000. Rack Room denies the allegations and any wrongdoing. The Court has not decided who is right. Who’s Included? The Settlement includes all persons who received a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools text message on their cell phone from Rack Room. Specifically, the class is defined as “(1) All persons within the United States (2) who enrolled in the Rack Room Reward Program or the Off Broadway Reward Program at the point-of-sale (3) by giving their cellular telephone number verbally to encrypt Convergent’s systems the cashier, and access certain personally identifying information on (4) who received a Rack Room Rewards Program or around June 17Off Broadway Rewards Program text message (5) from April 2, 2022 (“Data Incident”). 2014 through the date of certification.” You are receiving received this notice email because records show that you may be a class member. If you are a Settlement Class Member, you may file . What Are the Settlement Terms? Rack Room has agreed to pay class members who submit a valid Claim Form and to receive: o Documented Ordinary Losses – Up to $1,500 pay for documented out-of-pocket expenses fairly traceable to the Data Incident. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data Incident, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of notice and administration costs of the settlement including Settlement, attorneys’ fees and expenses incurred by counsel for the costs Settlement Class, and a service award for Plaintiff. Defendant will make available up to Twenty Five Million, Nine Hundred Sixty Nine Thousand, Nine Hundred Sixty Five Million Dollars and Zero Cents ($25,969,965.00) in cash and a Ten Dollar and Zero Cents ($10.00) voucher for each Settlement Class Claimant (the “Settlement Fund”). Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Administrator in the amount of the Five Dollars and Zero Cents ($5.00), less any Notice Program and Claims AdministrationAdministration Costs, Attorneys’ Fees and Expenses of up to Expenses, and Service Award, and will receive the Ten Dollar and Zero Cents ($661,500, Service Awards of up to $1,500 each 10.00) voucher loaded onto their rewards account. Settlement Class Claimants will be sent their Claim Settlement Payments to the Representative Plaintiffsaddress they submitted on their Claim Form within 60 days following the Effective Date. Claim is allowed per Settlement Class Member. How Can I Get a Payment? To get a payment, you must submit a Claim Form by the deadline stated below. You may download a Claim Form at the Settlement Website, www.Rack XxxxXXXXxxxxxxxxxx.xxx, or request a Claim Form by calling the Settlement Administrator at the toll-free number below. To be valid, a Claim Form must be completed fully and accurately, signed under penalty of perjury, and payments for claims for Ordinary Lossessubmitted timely. You may submit a Claim Form by U.S. mail or file a Claim Form online. If you send in a Claim Form by U.S. mail, Attested Time Spentit must be postmarked by xxxxxxxxxx. If you file a Claim Form online, and Extraordinary Losses. Note that if the costs of the settlement exceed the Settlement Fund, individuals selecting this option may not receive any paymentthen you must so file by 11:59 p.m. EST on xxxxxxxxxx.
Appears in 1 contract
Samples: rackroomtcpasettlement.com
GETTING MORE INFORMATION. 2521. How do I get more information? This Notice summarizes The Settlement Agreement spells out everything Defendants and Class Representatives have promised to do under the proposed Settlement. Complete details are provided in The easiest way to read the Settlement Agreement, the Judgment or any other Settlement documents is to go to the Settlement Website www.[ ].com. The You can also telephone or send an email to Class Counsel or the Settlement Agreement Administrator , or consult the Superior Court website by going to (xxxx://xxx.xxxxxxx.xxx/casesummary/ui/index.aspx) [confirm] and other related entering the Case Number for the Action, Case No. BC683856. You can also make an appointment to personally review court documents are in the Clerk’s Office at the Xxxxxxx Xxxx Courthouse by calling (000) 000-0000. Plaintiffs’ Counsel will also host webinars on February , and , and March and , to answer questions about the Settlement and explain how you can receive a Direct Payment and submit a Claim for an additional Claims Payment. In addition, a short recorded presentation is available at xxx.xxxxxxxxx.xxxthe Settlement Website www.[]. Visit the Settlement Website www.[] for the link to the webinars and further information. Do Not telephone Department 7 of the Superior Court to obtain information about the Settlement. Supervisors working for Farmers Group, by calling 1-XXX-XXX-XXXXInc. and the Exchange Defendants have been instructed to not discuss this Notice or the Settlement with you. This instruction applies to Farmers Agency Services and Service Operations, or by writing toDistrict Managers, Area Sales Managers or any members of Territory Leadership or Executive Leadership regarding this Notice or the Settlement. District Managers, Area Sales Managers or any members of Territory Leadership or Executive Leadership DATE: COI MONTH 00, 2021 Claims Administrator PortlandForm for Additional Claims Payment Official Use Only RESPONSE DUE DATE Postmarked By [DATE] Parry, OR XXXXX-XXXX PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICEet al. EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portlandv. Farmers Insurance Exchange, OR 972XX-XXXX Court-Approved Legal Notice If et al. Superior Court for the State of California, Los Angeles County Case No. BC683856 Records indicate that you were notified that your personal information may have been compromised are a class member because you worked as a result Farmers® agent and/or Supervising Agent for an incorporated Farmers® agency in the State of California between November 16, 2013 and [PRELIMINARY APPROVAL DATE]. (“Class Period”). Under the Settlement Agreement, you will automatically receive a data security incident with Convergent Outsourcingpro-rata settlement payment based on your length of time as a California Farmers® agent/Supervising Agent (“Direct Payment”) unless you submit a written request to the Settlement Administrator to be excluded from the Settlement Class. You do not have to fill out this form to receive a Direct Payment. Under the Settlement Agreement, Inc., on or around June 17, 2022if you do not submit a written request for exclusion from the Settlement Class, you may be entitled to benefits from also submit a settlement. <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A claim for an ADDITIONAL settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. payment (“ConvergentClaims Payment”) for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools certain expenses you paid that were necessary to encrypt Convergent’s systems and access certain personally identifying information on meet one or around June 17more of the Farmers’ Smart Office Standards, 2022 (“Data Incident”)even if you did not meet all Smart Office Standards. You are receiving this notice because The maximum Claims Payment you can receive is $10,000. That amount may be a less, however, depending on how many class membermembers submit claims and the amount of attorneys’ fees the Court awards from this portion of the Settlement. If you are submit a Settlement Class Memberclaim, your identity will be kept confidential. Your identity will be known only to Farmers’ legal department/legal counsel and to designated personnel in Farmers’ accounting and marketing departments who agree to keep your information in strict confidence and who cannot disclose your identity to Farmers’ District Managers, Area Sales Managers or any members of Territory Leadership or Executive Leadership. To submit your claim for a Claims Payment, you may file a Claim Form use the secure online portal maintained at . We encourage you to receive: o Documented Ordinary Losses – Up to $1,500 for documented out-of-pocket expenses fairly traceable to use the Data Incident. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data Incidentonline portal, up to $10,000. OR but you can elect also submit your claim for an Alternative Cash Payment – A pro rata additional settlement payment using the claim form below by mailing it (equal shareand supporting records) payment from to or scanning and e-mailing it to . Claim Forms, whether submitted via the net Settlement Fundonline portal, which is $2,450,000 minus payment of costs of the settlement including the costs of the Notice Program and Claims Administrationmail or e-mail, Attorneys’ Fees and Expenses of up submitted or postmarked after [DATE] will be rejected. Complete All Three Steps to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Note that if the costs of the settlement exceed the Settlement Fund, individuals selecting this option may not receive any payment.submit a claim:
Appears in 1 contract
Samples: Class Action Settlement Agreement
GETTING MORE INFORMATION. 2522. How do I get more information? This Notice summarizes the proposed Settlement. Complete Full details of the Settlement are provided set forth in the Settlement Agreement. The You may read or download a copy of the Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxxthe Settlement website at the URL provided in this Notice, by calling 1the listed toll-XXX-XXX-XXXXfree number, or by writing tomaking a written request and mailing it to the Settlement Administrator. Copies of the Settlement Agreement, as well as the motion seeking preliminary approval of the Settlement and the Preliminary Approval Order, may be viewed at xxx.XXXxxxxxxxxxxxxxxxxxxxxxxx.xxx. Do not call UPS or the Court with questions about the settlement. DATED: COI Claims Administrator Portland[Date], OR XXXXX-XXXX PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICE2021 By Order of the Court Xxx. Xxxxxx X. Hood United State District Judge EXHIBIT C SUMMARY NOTICE COI Claims PRESORTED FIRST-CLASS MAIL US POSTAGE PAID CITY, ST PERMIT #000 UPS Declared Value Settlement Administrator PO Box XXXX Portland[City], OR 972XX-XXXX Court-Approved Legal [State] [Zip] Important Notice If you were notified that your personal information may have been compromised as About a result of a data security incident with Convergent Outsourcing, Inc., on or around June 17, 2022, you may be entitled to benefits from a settlement. Class Action Settlement <<MAIL IDBARCODE>> <<NAME 1First1>> <<NAME 2Last1>> <<ADDRESS LINE 1CO>> <<ADDRESS LINE 2Addr2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5Addr1>> <<CITY, STATE ST, ZIP>> <<COUNTRY>> 2www.UPSdeclaredvaluesettlement.comttlement.comco1-cv-01558888-MJP Document 62XXX-1 Filed 02/09/24 Page XXXX Legal Notice Legal Notice If, from January 1, 2011, through December 29, 2013, you shipped directly with UPS a U.S. origin package with a declared value in excess of $300 pursuant to UPS’s published non-Retail rates or in excess of $200 pursuant to UPS’s published Retail rates, you might be eligible for a payment from a class action settlement. A settlement Settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. involving UPS’s charges for its declared value service, which covers liability for loss or damage over $100 for parcels shipped pursuant to UPS’s published shipping rates. UPS’s shipping contract allows shippers to increase UPS’s liability limit by declaring a higher value and paying an additional charge “for each $100.00 (or portion of $100.00) of the total value declared.” Plaintiff alleges that from January 1, 2011, through December 29, 2013, UPS breached its shipping contract with Plaintiff and Class Members by applying the incremental charge to the total value that shippers declared instead of only to that portion of declared value over $100. UPS denies all allegations of wrongdoing. The Court has not determined whether the allegations are correct. Who’s Included? The Class includes all persons or entities who, from January 1, 2011, through December 29, 2013 (the “Convergent”) for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information on or around June 17, 2022 (“Data IncidentClass Period”), tendered to UPS (or paying party if the package was billed to a different account than the shipper) one or more U.S. origin packages under contract with UPS with a declared value in excess of $300 charged pursuant to UPS’s published non-Retail rates or in excess of $200 charged pursuant to UPS’s published Retail rates. You Excluded from the class are receiving this notice because you may be a class membercustomers who shipped packages through The UPS Store franchises or other Third-Party Retailers as more fully described in the Settlement Agreement and full Notice available at the website below. If you are What Are the Settlement Terms? UPS has agreed to pay $4,850,000 into a Settlement Class Member, you may file a Claim Form Common Fund and to receive: o Documented Ordinary Losses – Up to $1,500 for documented out-of-pocket expenses fairly traceable to the Data Incident. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data Incident, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of costs pay one- half of the settlement administration expenses, including the costs of the Notice Program and Claims Administrationnotice costs. The Settlement Common Fund will be used to pay costs, Attorneys’ Fees and Expenses of up to $661,500expenses, Service Awards of up to $1,500 each any service award to the Representative PlaintiffsClass Representative, and payments for claims for Ordinary Lossesattorneys’ fees. UPS has also agreed to language changes to its Rate and Service Guides. How Can I Get a Payment? Payments owed to Class Members with an active UPS account will receive an account credit. If a Class Member no longer has an active UPS account, Attested Time Spent, and Extraordinary Lossesthe payment will be paid by check. Note that if the costs of the settlement exceed the Settlement Fund, individuals selecting this option may Class Members do not receive any paymentneed to file a claim.
Appears in 1 contract
Samples: Action Settlement Agreement
GETTING MORE INFORMATION. 2522. How do I get more information? This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxxthe Settlement Website, [Website URL]. If you have additional questions, you may contact the Settlement Administrator by calling email, phone, or mail: Email: [Email Address] Toll-Free: 1-XXX-XXX-XXXXXXXX Mail: Diligent-UCHealth Security Incident Settlement Administrator, 0000 Xxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxxxxx, XX 00000 Publicly filed documents can also be obtained by visiting the office of the Clerk of the United States District Court for the Southern District of New York or by writing to: COI Claims Administrator Portland, OR XXXXX-XXXX reviewing the Court’s online docket. PLEASE DO NOT TELEPHONE THE COURT OR CONTACT THE COURT’S CLERK OFFICE REGARDING THIS NOTICE. EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portland, DIILGENT CORPORATION, OR 972XX-XXXX Court-Approved Legal Notice If you were notified that your personal information may have been compromised as a result of a data security incident with Convergent Outsourcing, Inc., on or around June 17, 2022, you may be entitled to benefits from a settlement. <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. (“Convergent”) for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information on or around June 17, 2022 (“Data Incident”). You are receiving UCHEALTH GENERAL INSTRUCTIONS Complete this notice because you may be a class member. If Claim Form if you are a Settlement Class Member, Member and you may file wish to receive Settlement benefits. You are a member of the Settlement Class and eligible to submit a Claim Form if: You are an individual who resides in the United States whose Personal Information was impacted by the cybersecurity incident that Diligent Corporation discovered involving the Incident Manager Application on or around November 9, 2022 (“Security Incident”). Excluded from the Settlement Class are (i) Defendants, their officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to receivethis case and their staff and family; and (iv) any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Security Incident or who pleads nolo contendere to any such charge. Settlement Class Members may submit a Claim Form for: o Documented Ordinary Losses (1) Extraordinary Loss Claims – Up up to a total of $1,500 3,000 per claimant; (2) Out-of-Pocket Loss Claims – up to a total of $500 per claimant; (3) Lost Time – $25 per hour for documented up to 4 hours (for a total of $100 and subject to the $500 cap for Out-of-Pocket Losses); (4) Credit Monitoring – Settlement Class Members can enroll in Credit Monitoring Services; and (5) Cash Compensation – in lieu of making a Claim for Extraordinary Losses, Out-of-Pocket Losses, Lost Time, or Credit Monitoring Services, Settlement Class Members can instead submit a Claim for Cash Compensation initially set at $50.00, which is subject to pro rata increase or decrease based on the number of Claims received. Extraordinary Loss Claims must be supported with documentation and: (1) The loss is an actual, documented, and unreimbursed monetary loss; (2) the loss was more likely than not caused by the Security Incident; (3) the loss occurred or occurs between September 30, 2022 and [ insert end of claims period date ]; and (4) the loss is not already covered by the Out-of-Pocket Loss or Lost Time 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. Out-of-Pocket Loss Claims must be supported with documentation demonstrating out-of-pocket expenses costs and expenditures that a Settlement Class Member actually incurred that are fairly traceable to the Data Security Incident, and that have not already been reimbursed by a third party. o Attested Lost Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues Claims must be supported by an attestation that the activities performed were related to the Data Security Incident. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data Incident, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of costs of the settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Note that if the costs of the settlement exceed the Settlement Fund, individuals selecting this option may not receive any payment.
Appears in 1 contract
Samples: Settlement Agreement and Release
GETTING MORE INFORMATION. 2517. How do I get Are there more informationdetails about the Settlement? This Notice summarizes the proposed Settlement. Complete More details are provided in the Stipulation of Settlement. You can view and print a copy of the Stipulation of Settlement Agreement. The Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxxinformation about the lawsuit by visiting xxx.XXXXXXXXXXX.xxx, by calling 1-XXX-XXX-XXXXwhere you will find answers to common questions about the Settlement, or by writing to: COI Claims Administrator Portland, OR XXXXX-XXXX PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICE. EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portland, OR 972XX-XXXX Court-Approved Legal Notice If and other information to help you were notified that your personal information may have been compromised as a result of a data security incident with Convergent Outsourcing, Inc., on or around June 17, 2022, you may be entitled to benefits from a settlement. <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. (“Convergent”) for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information on or around June 17, 2022 (“Data Incident”). You are receiving this notice because you may be a class member. If determine whether you are a Class Member and whether you are eligible for a payment. The website will also have instructions for filling out, and submitting, your Claim Form online or sending it in by mail. Please do not call the Court, the Court clerk’s office, or The Settling Defendants or their lawyers to inquire about this Settlement. They will be unable to help you. By order of the Superior Court of Washington Dated: , 2021 /s/ Xxxxxxxxx Xxxxx Superior Court Judge EXHIBIT D IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF XXXXXX XXXXXX XXXXX, Plaintiff, v. NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY OF AMERICA, NATIONWIDE MUTUAL INSURANCE COMPANY, NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, and ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY, Defendants NO: 20-2-05920-5 [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT & DIRECTING ISSUANCE OF NOTICE Plaintiff, XXXXXX XXXXX, on behalf of himself and the proposed Settlement Class, and Defendants and Settling Parties, NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY OF AMERICA, NATIONWIDE MUTUAL INSURANCE COMPANY, NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, and ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY (“Defendants”), all acting by and through their respective counsel, have agreed, subject to Court approval following sending of the Class Notice to the Settlement Class Memberand a hearing, you may file a Claim Form to receive: o Documented Ordinary Losses – Up settle this Action upon the terms and conditions in the Stipulation of Settlement, (also sometimes referred to $1,500 as the “Agreement”), filed with the Court on 2021; and The Parties have made an application pursuant to Xxxxxxxxxx XX 23 for documented out-of-pocket expenses fairly traceable to the Data Incident. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data Incident, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of costs preliminary approval of the settlement including Settlement of this Action, as set forth in the costs of Agreement; and The Court has read and considered the Notice Program Agreement and Claims Administration, Attorneys’ Fees the exhibits thereto and Expenses of up to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffshas read and considered all other papers filed and proceedings had herein, and payments for claims for Ordinary Losses, Attested Time Spentis otherwise fully informed, and Extraordinary Losses. Note that if the costs of the settlement exceed the Settlement Fundwith good cause appearing, individuals selecting this option may not receive any payment.IT IS HEREBY ORDERED:
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Samples: Settlement and Settlement Agreement