If you do not find an answer to your question below, click here to contact us.
If you received a Notice the Court authorized the Notice to inform you about a proposed Settlement with Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights.
Judge Suzanne R. Parisien of the Superior Court of the State of Washington in and for the King County is overseeing this class action. The case is called Jeffrie Allan Summers II v. Sea Mar Community Health Centers, Case No. 2-2-00773-7-SEA (Wash. Super. Ct.) (the “Action”).
Alan Hall, Jeffrie Alan Summers II, and Kristine Wright are the Plaintiffs or Class Representatives. The company they sued, Sea Mar Community Health Centers, is the Defendant.
A class action is a lawsuit in which one or more plaintiffs—in this case, Alan Hall, Jeffrie Alan Summers II, and Kristine Wright —sue on behalf of a group of people who have similar claims. Together, this group is called a “Class” and consists of “Class Members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class. After the Parties reached an agreement to settle this case, the Court granted preliminary approval of the Settlement and recognized it as a case that should be treated as a class action for settlement purposes.
The Plaintiffs claim that Defendant failed to implement and maintain reasonable security measures to protect patient, employee, and guarantor Private Information in its possession, in order to prevent the Data Incident from occurring.
Defendant denies that it is or can be held liable for the claims made in the lawsuit. More information about the complaint in the lawsuit and Defendant’s responses can be found in the documents section of this website.
The Court has not decided whether the Plaintiffs or Defendant should win this case. Instead, both sides agreed to this Settlement. That way, they can avoid the uncertainty, risks, and expense of ongoing litigation, and Settlement Class Members will get compensation now rather than years later—if ever. The Class Representative and Class Counsel, attorneys for the Settlement Class Members, agree the Settlement is in the best interests of the Settlement Class Members. The Settlement is not an admission of wrongdoing by Defendant.
The hearing to consider the fairness of the Settlement is scheduled for December 9, 2022, at 9 a.m. PT. If the Court approves the Settlement, eligible Settlement Class Members whose Claims were approved by the Settlement Administrator will be sent payment after all appeals and other reviews, if any, are completed. Please be patient. Eligible Claims will be paid to Class Members electronically unless a Settlement Class Member chooses to receive payment by written check. All checks will expire and become void 180 days after they are issued.
Yes, the Court has appointed Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC and John A. Yanchunis of Morgan & Morgan as “Class Counsel.”
Should I get my own lawyer?
You don’t need to hire your own lawyer because Class Counsel are working on your behalf. These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. You can ask your own lawyer to appear in Court for you, at your own cost, if you want someone other than Class Counsel to represent you.
Class Counsel will ask the Court for attorneys’ fees, costs, and expenses that will be paid by or on behalf of Defendant separately. Class Counsel will not seek more than $1,320,000 in attorneys’ fees and $30,000 in litigation costs and expenses. Class Counsel will also request Service Awards of up to $2,500 for the Class Representatives. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service award to the Class Representative. The Court may award less than the amounts requested.
If you do nothing, you will receive no payment under the Settlement for any losses incurred as a result of the Data Incident, but you will be entitled to access IDX Identity Protection Services for a period of 36 months from the Effective Date of the Settlement, if it is finally approved. You will be in the Settlement Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, the Settlement, and its included Release. You will be deemed to have participated in the Settlement and will be subject to the provisions of Section 11 above. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendant for the claims or legal issues resolved in this Settlement.
If you exclude yourself from the Settlement, you will receive no benefits or payment under the Settlement. However, you will not be in the Settlement Class and will not be legally bound by the Court’s judgments related to the Settlement Class and Defendant in this class action.
You can ask to be excluded from the Settlement. To do so, you must send a letter or exclusion form stating: (1) the name of the proceeding, Jeffrie Allan Summers II v. Sea Mar Community Health Centers, Case No. 2-2-00773-7-SEA (Wash. Super. Ct.); (2) your full name; (3) your current address; (4) your personal signature; and (5) the words “Request for Exclusion” or a comparable statement that you do not wish to participate in the settlement at the top of the communication. You must mail your exclusion request, postmarked by no later than October 31, 2022, to the following address:
No. Unless you exclude yourself, you give up any right to sue Defendant for the claims being resolved by this Settlement even if you do nothing.
No. If you exclude yourself, do not submit a Claim Form to ask for a payment.
If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you do not agree with any part of it. You can give reasons why you think the Court should deny approval by filing an objection. To object, you must file written notice with the Court stating that you object to the Settlement in Jeffrie Allan Summers II v. Sea Mar Community Health Centers, Case No. 2-2-00773-7-SEA (Wash. Super. Ct.), by no later than October 31, 2022. Your objection should be filed with the Court, which you can do by mailing your objection and any supporting documents, to the Superior Court of the State of Washington in and for the King County at the following address:
Class Counsel Gary M. Klinger MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 John A. Yanchunis MORGAN & MORGAN COMPLEX LITIGATION GROUP 201 N Franklin Street, 7th Floor Tampa, FL 33602 | Defense Counsel Randy J. Aliment LEWIS BRISBOIS BISGAARD & SMITH, LLP 1111 Third Avenue, Suite 2700 Seattle, WA 98101 |
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 will hold the Final Approval Hearing on December 9, 2022, at 9 a.m. PT at the King County Superior Court, 516 Third Ave., Courtroom W-355, Seattle, Washington 98104. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests 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, costs, and expenses and the Service Award payments to the Class Representatives.
Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted on this website, or through the Court’s publicly available docket. You should check this website to confirm the date and time have not been changed.
No. Class Counsel will answer any questions the Court may have, but you are welcome to attend 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, the Court will consider it. You may also pay a lawyer to attend on your behalf at your own expense, but you don’t have to.
Yes. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed Settlement.