1. WHY WAS THE NOTICE ISSUED?
2. WHAT IS THIS LAWSUIT ABOUT?
3. WHAT IS A CLASS ACTION?
4. WHY IS THERE A SETTLEMENT?
5. WHO IS INCLUDED IN THE SETTLEMENT?
6. ARE THERE EXCEPTIONS TO BEING INCLUDED?
7. WHAT DOES THE SETTLEMENT PROVIDE?
8. HOW MUCH WILL MY PAYMENT BE?
9. WHAT CLAIMS AM I RELEASING IF I STAY IN THE SETTLEMENT CLASS?
10. HOW DO I SUBMIT A CLAIM AND GET A CASH PAYMENT?
11. WHAT IS THE DEADLINE FOR SUBMITTING A CLAIM?
12. WHEN WILL I GET MY PAYMENT?
13. DO I HAVE A LAWYER IN THE CASE?
14. SHOULD I GET MY OWN LAWYER?
15. HOW WILL THE LAWYERS BE PAID?
16. HOW DO I OPT OUT OF THE SETTLEMENT?
17. HOW DO I TELL THE COURT IF I LIKE OR DO NOT LIKE THE SETTLEMENT?
18. WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING?
19. WHEN IS THE COURT’S FINAL APPROVAL HEARING?
20. DO I HAVE TO COME TO THE FINAL APPROVAL HEARING?
21. WHAT HAPPENS IF I DO NOTHING AT ALL?
22. HOW DO I GET MORE INFORMATION?
A federal court authorized this Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. This Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is captioned Hall v. Centerspace, LP, 0:22-cv-02028 (D. Minn.). The person that filed this lawsuit is called the “Plaintiff” and the company sued, Centerspace, is called the “Defendant.”
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This lawsuit alleges that personal information was impacted by the cybersecurity incident that affected Defendant in or around November 2021 (“Security Incident”).
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Class Representatives” or “Plaintiffs.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all settlement class members, except for those who opt out from a settlement. In this Settlement, the Class Representative is Gary Hall.
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The Court did not decide in favor of the Plaintiff or the Defendant. The Defendant denies all claims and contends that it has not violated any laws. Plaintiff and the Defendant agreed to a Settlement to avoid the costs and risks of a trial, and through the Settlement, Settlement Class Members are eligible to receive payments. The Plaintiff and his attorneys think the Settlement is best for all Settlement Class Members.
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The Settlement Class consists of all individuals, or their respective successors or assigns, who reside in the United States and who received notice from Centerspace that their personal information was impacted by the Security Incident.
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Yes. Excluded from the Settlement Class are (i) Defendant, its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this 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.
If you are not sure whether you are included in the Settlement Class, you can ask for free help by emailing or writing to Settlement Administrator at:
Email: info@CenterspaceSettlement.com
Mail: Centerspace Settlement
c/o Settlement Administrator
PO Box 25226
Santa Ana, CA 92799-9874
You may also view the Settlement Agreement and Release (“Settlement Agreement”) HERE.
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Under the Settlement, Defendant will pay all valid and timely claims for Credit Monitoring, Ordinary and Extraordinary Losses, Lost Time, and an Alternative Cash Payment.
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Payments and other benefits will vary - Settlement Class Members may submit a claim using the Claim Form for: (1) 2 years of credit monitoring; (2) Ordinary Loss Claims – up to a total of $525 per claimant; (3) Lost Time - $18.75 per hour for up to 4 hours (for a total of $75, subject to the $525 cap on Ordinary Loss Claims); and (4) Extraordinary Loss Claims- up to a total of $5,250 per claimant.
Credit Monitoring Services. All Settlement Class Members shall have the ability to make a claim for 2 years of one-credit bureau credit monitoring services and identity protection services by choosing this benefit on the Claim Form. Even if Settlement Class Members previously accepted the Defendant’s offer of complimentary credit monitoring services, they may still claim this benefit.
Ordinary Losses up to a total of $525 per claimant, upon submission of a valid claim with supporting documentation for out-of-pocket losses incurred or spent between April 26, 2023 and seven days after the Court approved notice of settlement is sent to the Settlement Class, including: i) Out of pocket expenses incurred as a result of the Security Incident, including unreimbursed bank fees, long distance phone and cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage or gasoline for local travel; and ii) Fees for credit reports, credit monitoring or other identity theft insurance products purchased as a result of the Security Incident.
Lost Time Claims for reimbursement of $18.75 per hour up to 4 hours (for a total of $75) with a brief description of the activities engaged in and the time spent on each such activity and an attestation on the Claim Form that the activities performed were related to the Security Incident. Claims for Lost Time are subject to the $525 cap for Ordinary Losses (discussed above).
Extraordinary Losses up to a total of $5,250 per Settlement Class Member in compensation on submission of a valid and timely claim for monetary losses that meet the following conditions: i) The loss is an actual, documented and unreimbursed monetary loss caused by (A) misuse of the Settlement Class Member’s Personal Information or (B) fraud associated with the Settlement Class Member’s Personal Information; ii) The loss noted in i.(A) or i.(B) was more likely than not caused by the Security Incident; iii) The loss occurred between April 26, 2023 and seven days after the Court approved notice of settlement is sent to the Class; iv) The loss is not already covered by the Ordinary Loss or Lost Time categories and v) the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all of the Settlement Class Member’s credit monitoring insurance and identity theft insurance, if any.
Alternative Cash Payment Claims. In the alternative to claims for Ordinary and Extraordinary Losses, Lost Time, and Credit Monitoring Services, Settlement Class Members can make a claim for a $30 Alternative Cash Payment.
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Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement can be found HERE.
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You may file a claim if you are an individual who resides in the United States who received notice from Centerspace that your personal information was impacted by the cybersecurity incident that affected Defendant on or around November 2021.
Claim Forms may be submitted online HERE or downloaded HERE and mailed to the Settlement Administrator at: Centerspace Settlement, c/o Settlement Administrator, PO Box 25226, Santa Ana CA 92799-9874.
You may also contact the Settlement Administrator to request a Claim Form by telephone 1-866-221-3193, by email info@CenterspaceSettlement.com, or by U.S. mail at the address above.
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If you submit a claim by U.S. mail, the completed and signed Claim Form must be postmarked by November 26, 2024. If submitting a Claim Form online, you must do so by November 26, 2024.
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The Court is scheduled to hold a final approval hearing on December 4, 2024, to decide whether to approve the Settlement, how much attorneys’ fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award a Service Award to the Class Representative who brought this Action on behalf of the Settlement Class.
If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement payments will be distributed as soon as possible, if and when the Court grants final approval to the Settlement and after any appeals are resolved.
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Yes, the Court appointed the law firm of Strauss Borrelli PLLC to represent you and other members of the Settlement Class (“Settlement Class Counsel”). You will not be charged directly for these lawyers; instead, they will receive compensation from Defendant (subject to Court approval). If you want to be represented by your own lawyer, you may hire one at your own expense.
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It is not necessary for you to hire your own lawyer because Settlement Class Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Settlement Class Counsel will file a motion for an award of attorneys’ fees and litigation costs and expenses to be paid by Defendant. Defendant has agreed not to oppose Settlement Class Counsel’s request for an award of attorneys’ fees and litigation expenses not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000,000.00). If Settlement Class Counsel seeks more than $200,000.00 in attorneys’ fees expenses, Defendant has reserved all rights to object and oppose such requests.
Settlement Class Counsel will also seek a service award payment for the Class Representatives in recognition for their contributions to this Action. Defendant has agreed not to oppose Settlement Class Counsel’s request for a service award not to exceed Two Thousand Five Dollars and Zero Cents ($2,500.00) for each representative. To the extent more than a $2,500.00 service award is sought for the Class Representative, Defendant has reserved all rights to object and oppose such a request.
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If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendant about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is October 27, 2024.
To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:
Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than October 27, 2024.
Centerspace Settlement
ATTN: Exclusion Request
PO Box 25226
Santa Ana CA 92799-9874
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive a payment or any other benefits under the Settlement if you exclude yourself. You may only exclude yourself – not any other person.
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If you are a Settlement Class Member, you can choose (but are not required) to object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement.
For an objection to be considered by the Court, the objection must include: (i) the name of the proceedings; (ii) the Settlement Class Member’s full name and current mailing address; (iii) a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection; (iv) the identity of any attorneys representing the objector; (v) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; and (vi) the signature of the Settlement Class Member or the Settlement Class Member’s attorney.
Any Settlement Class Member who does not file a timely and adequate objection in accordance with above paragraph waives the right to object or to be heard at the Final Approval Hearing and shall be forever barred from making any objection to the Settlement and shall be bound by the terms of the Agreement and by all proceedings, orders, and judgments in the Action.
Objections must be filed with the Court no later than October 27, 2024, and mailed to:
Clerk of the Court
300 South Fourth Street - Suite 202
Minneapolis, MN 55415
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court is scheduled to hold a final approval hearing on December 4, 2024 at 1:00 p.m. C.D.T., at 300 South Fourth Street, Suite 202, Minneapolis, MN 55415, Courtroom 14W, to decide whether to approve the Settlement, how much attorneys’ fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award a service award payment to the Class Representative who brought this Action on behalf of the Settlement Class. If you are a Settlement Class Member, you or your attorney may ask permission to speak at the hearing at your own cost. The date and time of this hearing may change without further notice. Please check the settlement website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time and in accordance with the requirements above, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time and meets the requirements above.
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If you are a Settlement Class Member and you do nothing, you will give up the rights explained in Question 9, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties, as defined in the Settlement Agreement, about the legal issues resolved by this Settlement. In addition, you will not receive a payment from this Settlement.
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The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents can be found HERE.
If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:
Email: info@CenterspaceSettlement.com
Toll-Free: 1-866-221-3193
Mail: Centerspace Settlement
c/o Settlement Administrator
PO Box 25226
Santa Ana, CA 92799-9874
Publicly filed documents can also be obtained by reviewing the Court’s online docket.
PLEASE DO NOT CONTACT THE COURT OR CENTERSAPCE
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