BASIC INFORMATION
RBA and MEB’s records show that (1) RBA and/or MEB or one of their business associates sent you notice of the Data Incident and (2) your sensitive personal and/or health information was compromised when a threat actor accessed personal health information in the RBA and MEB computer systems between April 7, 2021 and April 10, 2021 (the “Data Incident”). The purpose of this Notice is to let you know that the parties have reached a proposed settlement in the class action lawsuit entitled A.M. and A.M. v. Reproductive Biology Assocaites LLC and MYEGGBANK North America LLC, Case No. 21-C-06178-S3, pending in the State Court of Gwinnett County Georgia. You have legal rights and options that you may act on before the Court decides whether to approve the proposed settlement. Because your rights will be affected by this settlement, it is extremely important that you read the Notice carefully. The Notice summarizes the settlement and your rights under it.
The Named Plaintiffs allege that RBA and MEB violated the state common law by failing to protect sensitive personal and health information RBA and MEB received from their patients or timely notify affected patients after learning their data was compromised in the Data Incident.
THE SETTLEMENT
The Court did not decide in favor of the Plaintiffs or RBA and MEB. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get compensation. The Class Representatives and their attorneys think the Settlement is best for the Settlement Class.
You are in the “Settlement Class” if your personal information was included in the data accessed from RBA’s and MEB’s computer systems by a threat actor and RBA’s and MEB’s records reflect that RBA and/or MEB or their business associates sent you notice of the Data Incident.
The Settlement Class does not include any persons who validly request exclusion from the Settlement Class, as described under Question 11. A person who does not exclude themselves is a “Settlement Class Member.”
If you have questions about whether you are a part of the Settlement Class you may call 1-888-998-6277.
THE SETTLEMENT BENEFITS
RBA and MEB have agreed to pay $1,000,000 to pay Settlement Class Members who submit valid claims, any court-approved attorneys’ fees, litigation expenses, service awards, and notice and settlement administration expenses. You will not receive any settlement payment unless you submit a Claim Form as described in Question 8.
Settlement Class Members may submit a claim for cash Payment.
Payment Priority
The Settlement Fund will be used to pay for the Settlement in the following order: (1) reimbursement for Claims made by Settlement Class Members who submit valid claims; (2) Notice and Administration Costs; (3) Fee Award and Costs as awarded by the Court; and (4) Service Award payments approved by the Court.
The tax implications may vary based on your income, the amount you receive and other factors, so you should consult a tax professional to assess the specific tax implications of any payment you may receive. Class Counsel, RBA and MEB, and the Settlement Administrator cannot advise you with respect to your tax obligations.
HOW YOU GET A PAYMENT – SUBMITTING A CLAIM FORM
To qualify for a Settlement Payment, you must submit a Claim Form by April 30, 2024. You may submit a Claim Form HERE. You may also download a paper Claim Form HERE or call the Settlement Administrator at 1-888-998-6277 to request a paper Claim Form, and submit the Claim Form by mail. Claim Forms sent by mail must be postmarked by April 30, 2024 and mailed to:
A.M. v RBA Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
If you have questions about the claim submission process you may call the Settlement Administrator at 1-888-998-6277.
The Court will hold a hearing on May 23, 2024 to decide whether to approve the Settlement, as described in Question 19. If no appeals are timely filed after the Court enters the Final Approval Order, then the Order and Settlement will become final. Settlement payments will be sent to Settlement Class Members who submitted valid claims approximately 30 days from the Settlement’s Effective Date (roughly 65 days after the Settlement is approved). The checks will only be valid for 120 days from the date of issuance, after which you will not be able to cash or deposit them. However, if an appeal is filed, payments will not be sent until after the appeal is finally resolved, which could take more than one year.
Unless you request to exclude yourself, you are staying in the Settlement Class and you will be a Settlement Class Member. If the Court approves the Settlement and becomes final, you and other Settlement Class Members can’t sue, continue to sue, or be part of any other lawsuit against the “Released Parties” regarding the Data Incident.
The Settlement Agreement HERE describes the claims you are releasing and against whom you are releasing claims, so read it carefully. To summarize, the release includes claims against RBA and MEB or the healthcare entities through which RBA and MEB obtained the compromised data (the “Released Parties”) that arise out of or relate to the Data Incident.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you don’t want to receive the benefits of this Settlement or if you want to keep the right to sue or continue to sue RBA and MEB or their Business Associates regarding the Data Incident, then you must take steps to remove yourself from the Settlement Class. This is called excluding yourself – or is sometimes referred to as “opting out” of the Settlement Class.
To “opt out” or exclude yourself from the Settlement you must send the request in writing to the Settlement Administrator using the opt-out form available HERE or from the Settlement Administrator upon request. You must include your name and address in the letter. You can mail your exclusion request, which must be postmarked no later than April 5, 2024, to the following address:
A.M. v RBA Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
Requests for exclusion mailed after April 5, 2024 will not be effective and will not result in your being excluded from the Settlement Class.
If you ask to be excluded, you will not get any payment, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this Lawsuit.
If you already have, or want to bring, your own lawsuit against the Released Parties regarding the Data Incident and/or want to continue with the lawsuit, you need to ask to be excluded from the Settlement Class. If you exclude yourself from the Settlement Class you won’t get any money from the Settlement. However, you may be able to sue or continue to sue the Released Parties regarding the Data Incident on your own. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.
No. You will not receive any payment from the Settlement if you exclude yourself.
THE LAWYERS REPRESENTING YOU
The Court decided that the law firms of McShane & Brady and Zinns Law, are qualified to represent you and all Settlement Class Members. These law firms are referred to as “Class Counsel.” You will not receive a bill from these lawyers, who have asked the Court to be paid a percentage of the Settlement Fund. If you want to be represented by your own lawyer, you may hire one at your own expense. The names and addresses of Class Counsel:
Sharon J. Zinns, Zinns Law, 4243 Dunwoody Club Drive, Suite 104, Atlanta, GA 30350
Maureen Brady, Lucy McShane, McShane & Brady, 1656 Washington St., Suite 120, Kansas City, MO 64108
You do not need to hire your own lawyer because Class Counsel are working on your behalf. But, if you want to hire your own lawyer, you will have to pay that lawyer. For example, you can ask a lawyer to appear in Court for you if you want someone other than Class Counsel to speak for you.
Class Counsel will ask the Court to approve payment of attorneys’ fees in the amount of $333,333.33, which is one-third of the $1,000,000.00 Settlement Fund, plus litigation costs of approximately $100,000.00. This payment compensates Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. Class Counsel will also request $7,500 service awards for each of the two Named Plaintiffs, A.M. and A.M., to compensate them for their time and effort time and effort during the litigation. Class Counsel’s complete request for fees, costs, and the service award to the Class Representative will be posted on HERE. The Court may award less than these amounts.
OBJECTING TO THE SETTLEMENT
If you are a Settlement Class Member and you do not exclude yourself from the Settlement Class, you can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Settlement payments will be sent out, and the lawsuit will continue.
Any objection to the proposed Settlement must be in writing and include your name, address, telephone number, the name of the case, and the reason(s) for your objection, and meet the criteria described in the Settlement Agreement. You must mail a copy of the objection to the following addresses postmarked no later than April 5, 2024 and file it with the Court:
Settlement Administrator:
A.M. v RBA Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
Clerk of Court
State Court of Gwinette County Georgia
75 Langley Drive
Lawrenceville, GA 30046
Class Counsel
Sharon J. Zinns
Zinns Law, LLC
4243 Dunwoody Club Drive
Suite 104
Atlanta, Georgia 30350
Maureen Brady
Lucy McShane
McShane & Brady
1656 Washington St.
Suite 120
Kansas City, MO 64108
Defense Counsel
Suzanna Bonham
Seyfarth Shaw
700 Milam Street
Suite 1400
Houston, TX 77002-2812
Connor Bateman
Seyfarth Shaw
1075 Peachtree Street NE
Atlanta, GA 30309-3962
Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
THE COURT’S FAIRNESS HEARING
The Court will hold the Final Approval Hearing on May 23, 2024 at 9:00 a.m., before the Honorable Erica Dove of the State Court of Gwinnett County Georgia, 75 Langley Drive, Lawrenceville, GA 30046, Division S5. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interest of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the service awards to the Named Plaintiffs. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted on this website. You can also monitor case activity and for changes to the dates and time of the fairness hearing by accessing the Court docket in this case through the Court’s Public Access to Court Electronic Records system at HERE, or by visiting the office of the Clerk of the Court for the State Court of Gwinette County Georgia, 75 Langley Drive, Lawrenceville, GA 30046, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
No. Class Counsel will answer any questions the Court may have. You are welcome to come to the hearing at your own expense. If you send an objection you don’t have to come to Court to talk about it, as long as your written objection was filed or mailed on time, and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to.
If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement Agreement. If you submit an objection (see Question 17 above) and intend to appear at the hearing, you must state your intention to do so in your objection. You cannot speak at the hearing if you exclude yourself or if you fail to state your intention to do so in your objection.
IF YOU DO NOTHING
If you do nothing, you will be a member of the Settlement Class. You will also be bound by the terms of the Settlement, including the Release described in Question 10, above. If you do not submit a claim, you will not receive any payment from the Settlement Fund.
GETTING MORE INFORMATION
You can call 1-888-998-6277 toll free or write to A.M. v RBA Settlement, c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164; or click HERE to view the Settlement Agreement, Plaintiff’s Complaint, Class Counsel’s motion for an award of attorneys’ fees and costs, and other information.