Frequently Asked Questions
- Why did I receive a notice?
- What is this lawsuit about?
- Why is this a class action?
- Why is there a Settlement?
- How do I know if I am a part of the Settlement?
- What does the Settlement provide and how can I claim benefits?
- When would I get my Benefits?
- What am I giving up to get a payment?
- How do I get out of the Settlement?
- If I don't exclude myself, can I sue later for the same thing?
- If I exclude myself, can I get money from this Settlement
- Do I have a lawyer in this Case?
- How will the lawyers be paid?
- How do I tell the Court that I don't like the Settlement?
- What's the difference between objecting and excluding?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to come to the hearing?
- May I speak at the hearing?
- What happens if I do nothing at all?
- Are there more details about the Settlement?
- Why did I receive a notice?
The notice has been posted to the Settlement website relating to a class action brought against Defendant relating to a Data Incident that occurred in or around June–July 2021, in which Plaintiffs alleges Defendant was the victim of a cyberattack resulting in the disclosure of personal information and protected health information, including names and Social Security numbers.
The Court approved the notice because class members have a right to know about the proposed class action settlement, and about their options, before the Court decides whether to approve the Settlement. The Settlement website explains the lawsuit, the Settlement, Class Members’ legal rights, what benefits are available, and how to claim those benefits.
The Court in charge of the case is the Circuit Court of the First Judicial Circuit, Williamson County, Illinois, and the case is known as Restivo-Conley v. Southern Orthopedic Associates, No. 2022LA77. The persons who sued are called the Plaintiffs, and the company sued is called the Defendant.
Top - What is this lawsuit about?
The lawsuit claims that the Defendant failed to properly safeguard the personally identifiable information that Plaintiffs allege was compromised in the Data Incident. Defendant contends that it acted in accordance with applicable laws or obligations and that it has no liability or fault relating to the Data Incident.
Top - Why is this a class action?
In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of themselves and other people who have similar claims. All of these people are called a Class or Class Members. This is a class action because the Court has preliminarily determined that the Settlement meets the legal requirements for resolution of a class action. Because the case is a class action, one court resolves the issues for everyone in the Class, except for those people who choose to exclude themselves from the Class.
Top - Why is there a Settlement?
The Court did not decide in favor of the Plaintiffs or the Defendant. Instead, both sides agreed to a settlement. The Plaintiffs have the duty to act in the best interests of the Class as a whole and, in this case, it is the Plaintiffs’ belief, as well as Class Counsel’s opinion, that this Settlement is in the best interest of all Class Members for at least the following reasons:
There is legal uncertainty about whether a judge or a jury will find that Defendant is legally responsible, whether this case could proceed as a class action if litigated, whether Plaintiffs would be able to prove causation and damages at trial, and whether any verdict would withstand appeal, which might result in Class Members receiving no recovery, or a substantially smaller recovery than that being offered here. Even if the Plaintiffs were to win at trial, there is no assurance that the Class Members would be awarded more than the current Settlement provides, and it may take years of litigation before any payments would be made. By settling, the Class Members will avoid these and other risks and the delays associated with continued litigation in exchange for access to guaranteed benefits now.
While Defendant disputes Plaintiffs’ claims, it has agreed to settle the lawsuit to avoid the costs, distractions, and risks of litigation. Thus, even though Defendant denies that it did anything improper, it believes settlement is in the best interests of all the Parties. The Court will evaluate the Settlement to determine whether it is fair, reasonable, and adequate before it approves the Settlement.
Top - How do I know if I am a part of the Settlement?
If you received a notice from Defendant that your information was potentially compromised in the Data Incident, then you are a member of the Settlement Class, and you will be a part of the Settlement unless you exclude yourself. If you are not sure whether you have been properly included, you can call the number at the bottom of the notice to check.
Top - What does the Settlement provide and how can I claim benefits?
Under the Settlement, Defendant will pay $660,000 into a Settlement Fund to resolve the litigation. The Settlement Fund will be used to provide for a number of benefits, and Class Members can claim as many of the benefits as they are entitled to.
First, Class Members may submit a claim to receive, at no cost, three years of credit monitoring and identity theft protection services (including $1,000,000 in identity theft insurance).
Second, Class Members who suffered an out-of-pocket loss or lost time related to the Data Incident may submit a claim for a cash reimbursement. Defendant will pay valid claims for Ordinary Losses (up to $350), including Lost Time (up to $80, at $20 per hour for up to 4 hours) that a Class Member experienced attributable to the Data Incident. Defendant will pay valid claims for Extraordinary Losses up to $5,000. If all valid claims exceed the amount available in the Settlement Fund at the time of payment, payments will be reduced pro rata. Ordinary Losses include: (i) out-of-pocket expenses incurred as a result of the Data Incident, including bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), miscellaneous expenses, such as postage, notary, fax, copying, mileage, and/or gasoline for local travel; (ii) fees for credit reports, credit monitoring, and/or other identity theft insurance products purchased between the date of the Data Incident and the close of the Claim Deadline. Extraordinary Losses include documented unreimbursed losses relating to fraud stemming from the Data Incident.
To receive any of the cash benefits or the identity theft protection services available from the Settlement, you must submit a claim using the Claim Form, which may be obtained online at www.SOAClassActionSettlement.com or by calling 1-877-729-3553.
Top - When would I get my Benefits?
The Court will hold a hearing on February 13, 2024, to decide whether to approve the Settlement. You do not need to attend this hearing. If the Court approves the Settlement, there may be a period when appeals can be filed. Once any appeals are resolved or if no appeals are filed, it will be possible to distribute the funds. This may take several months and perhaps more than a year.
Top - What am I giving up to get a payment?
Unless you exclude yourself, you are staying in the Class, and that means you cannot sue, continue to sue, or be part of any other lawsuit against Defendant relating to the legal claims in this case. It also means that all of the Court’s orders will apply to you. Once the Settlement is final, except for claims any minors may have for personal injury, your claims relating to this case will be released.
Top - How do I get out of the Settlement?
To exclude yourself from this Settlement, you must send a letter by mail stating that you want to opt out or be excluded from Restivo-Conley v. Southern Orthopedic Associates. The letter must include your name, address, telephone number, and your signature. You must mail your exclusion request postmarked no later than January 29, 2024 to:
Southern Orthopedic Associates Exclusions
SR9 Settlement Administrator
P.O. Box 301132
Los Angeles, CA 90030-1132
You cannot exclude yourself on the phone or by email. If you ask to be excluded, you will not get any settlement benefits, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit.
Top - If I don't exclude myself, can I sue later for the same thing?
No. Unless you exclude yourself, you give up the right to sue the Defendant for the claims resolved by this Settlement. If the Settlement is finally approved, you will be permanently enjoined and barred from initiating or continuing any lawsuit or other proceeding against Defendant about the issues in this lawsuit. Remember that the exclusion deadline is January 29, 2024.
Top - If I exclude myself, can I get money from this Settlement
No. If you exclude yourself, you are not eligible for any money or other benefits from this Settlement.
Top - Do I have a lawyer in this Case?
The Court appointed the law firms of Stranch, Jennings & Garvey, PLLC; Cohen & Malad, LLP; Federman & Sherwood; and George Feldman McDonald, PLLC to represent you and other Class Members. Together, the lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will the lawyers be paid?
Class Counsel will ask the Court for attorneys’ fees of up to $220,000 and litigation expenses from the Settlement Fund, and service awards to each of the three Plaintiffs for $2,500 each, from the Settlement Fund, subject to Court approval.
Top - How do I tell the Court that I don't like the Settlement?
If you’re a Class Member, you can object to the Settlement if you don’t like any part of it. To object, you must send a letter to the Settlement Administrator stating that you object to the Settlement, or part of it, in Restivo-Conley v. Southern Orthopedic Associates, No. 2022LA77. To have your objection considered by the Court, you also must file your objection with the Clerk of the Court (identified below). You must state the reasons for your objection and include any evidence, briefs, motions or other materials you intend to offer in support of the objection. You must include your name, address, telephone number, your signature, and the reasons you object to the Settlement, along with any materials in support of your arguments. If you intend to appear at the Final Approval Hearing either yourself or by a lawyer, you must also state your intention to appear. You must mail the objection to the Settlement Administrator at the following address postmarked no later than January 29, 2024:
Southern Orthopedic Associates Objections
SR9 Settlement Administrator
P.O. Box 301132
Los Angeles, CA 90030-1132
Williamson County Courthouse
200 W. Jefferson St.
Marion, IL 62959
Top - What's the difference between objecting and excluding?
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement. Excluding yourself is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself, you have no basis to object because this case no longer affects you.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing at 9:30 a.m. on February 13, 2024 at Williamson County Courthouse, 200 W. Jefferson St., Marion, IL 62959 (or by telephonic or videoconference if necessary; please check the settlement website for updates on the hearing). At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing and complied with question 18 of the notice. The Court may also decide how much to pay Class Counsel and the Plaintiffs. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
Top - Do I have to come to the hearing?
No. You are welcome to come at your own expense if you wish, but Class Counsel will answer questions the Court may have. If you send an objection, you don’t have to come to Court to talk about it, unless you want to. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary unless you want to.
Top - May I speak at the hearing?
You may ask the Court for permission to speak at the Final Approval Hearing along with your objection as set forth in Frequently Asked Question #14 above.
Top - What happens if I do nothing at all?
If you do nothing, you will be a part of this Settlement, but you must submit a claim to receive any benefits. You won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant relating to the claims brought in this case.
Top - Are there more details about the Settlement?
The notice summarizes the proposed Settlement. More details are available in the Settlement Agreement on file with the Court and available on the Case Documents tab of the Settlement website. You can also call toll-free the Settlement phone number at 1-877-729-3553.
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