1. WHY WAS THE NOTICE ISSUED?
2. WHAT IS THIS LAWSUIT ABOUT?
3. WHAT IS LAWSUIT A CLASS ACTION?
4. WHY IS THERE A SETTLEMENT?
5. WHO IS IN THE SETTLEMENT CLASS?
6. WHAT ARE THE TERMS OF THE SETTLEMENT?
7. WHAT CLAIMS ARE SETTLEMENT CLASS MEMBERS GIVING UP UNDER THE SETTLEMENT?
8. IF I AM A SETTLEMENT CLASS MEMBER, WHAT OPTIONS DO I HAVE?
9. WHAT HAPPENS IF I DO NOTHING?
10. WHO DECIDES MY SETTLEMENT CLAIM AND HOW DO THEY DO IT?
11. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?
12. IF I EXCLUDE MYSELF, CAN I RECEIVE ANY PAYMENT FROM THIS SETTLEMENT?
13. IF I DO NOT EXCLUDE MYSELF, CAN I SUE DEFENDANT FOR THE DATA INCIDENT LATER?
14. CAN I EXCLUDE MYSELF FROM THE SETTLEMENT AND OBJECT TO THE SETTLEMENT?
15. HOW DO I OBJECT TO THE SETTLEMENT?
16. HOW, WHEN, AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?
17. DO I HAVE TO ATTEND THE HEARING?
18. WHAT HAPPENS IF THE COURT APPROVES THE SETTLEMENT?
19. WHAT HAPPENS IF THE COURT DOES NOT APPROVE THE SETTLEMENT?
20. WHO REPRESENTS THE SETTLEMENT CLASS?
21. HOW WILL THE LAWYERS FOR THE SETTLEMENT CLASS BE PAID?
22. WHAT IF I WANT FURTHER INFORMATION OR HAVE QUESTIONS?
Settlement Class Members are eligible to receive payment from a proposed Settlement in the Lawsuit. The Court overseeing the Lawsuit pending in the Superior Court of California, County of San Francisco authorized the Notice to advise Settlement Class Members about the proposed Settlement that will affect their legal rights. The Notice explains certain legal rights and options Settlement Class Members have in connection with the Settlement.
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The Lawsuit is a proposed class action lawsuit brought on behalf of individuals whose information was subject to The Olympic Club Data Incident that occurred between March 31, 2022 and April 27, 2022.
The Lawsuit claims Defendant is legally responsible for the Data Incident and asserts various legal claims including negligence, breach of implied contract and a violation of California’s unfair business practices act and seeks injunctive and other equitable relief. Defendant denies these claims and denies that it did anything wrong.
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In a class action, one or more representative plaintiffs bring a lawsuit on behalf of others who have similar claims. Together, all these people are the “Class” and each individual is a “Class Member.” There is one Representative Plaintiff in this case: Alejandro Rodriguez. The class in this case is referred to in the Notice as the “Settlement Class.”
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The Representative Plaintiff in the Lawsuit, through his attorneys, investigated the facts and law relating to the issues in the Lawsuit. The Representative Plaintiff and Class Counsel believe that the Settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class. The Court has not decided whether the Representative Plaintiff’s claims or Defendant’s defenses have any merit, and it will not do so if the proposed Settlement is approved. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will receive compensation and/or credit monitoring. The Settlement does not mean that Defendant did anything wrong, or that the Representative Plaintiff and the Class would or would not win the case if it were to go to trial.
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The Settlement Class is defined by the Court as all persons sent a written notice of the Data Incident The Olympic Club discovered on or about June 17, 2022.
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The proposed Settlement will provide Settlement benefits on a claims-made basis. This means each Settlement Class Member who submits an Approved Claim will receive a corresponding benefit from the Settlement. Defendant will pay the total amount of the Approved Claims.
Administrative costs and attorneys’ fees shall be paid by The Olympic Club separately and in addition to the total amount of Approved Claims.
Settlement Class Members may make a Settlement Claim for: (i) Ordinary Losses, including lost time (ii) Extraordinary Losses, and (iii) Credit Monitoring Services. The Settlement also releases all claims or potential claims of Settlement Class Members against Defendant arising from or related to the Data Incident, as detailed in the Class Settlement Agreement and Release.
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Settlement Class Members who do not validly exclude themselves from the Settlement will be bound by the Class Settlement Agreement and Release and any final judgment entered by the Court and will give up their right to sue Defendant for the claims being resolved by the Settlement, including all claims or potential claims of Settlement Class Members against Defendant arising from or related to the Data Incident. The claims that Settlement Class Members are releasing are described in the Class Settlement Agreement and Release.
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If you are a Settlement Class Member, you do not have to do anything to remain in the Settlement. If you would like to receive an award under the Settlement, you must submit a Claim Form. If you do not want to give up your right to sue Defendant about the Data Incident or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class. See Question 11 below for instructions on how to exclude yourself.
If you wish to object to the Settlement, you must remain a Settlement Class Member (i.e., you may not also exclude yourself from the Settlement Class by opting out) and submit a written objection. See Question 15 below for instructions on how to submit an objection.
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If you do nothing, you will get no award from this Settlement. Unless you exclude yourself, after the Settlement is granted final approval and the judgment becomes final, you will be bound by the judgment and you will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant related to the claims released by the Settlement.
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The Claims Administrator will decide whether a Claim Form is complete and valid and includes all required documentation. The Claims Administrator may require additional information from any claimant. Failure to timely provide all required information will invalidate a claim and it will not be paid.
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To opt out of the Settlement you must make a signed, written request that includes (i) the name of the proceeding, (ii) your full name, current address and personal signature, and (iii) the words “Request for Exclusion” or a comparable unequivocal statement that you do not wish to participate in the Settlement. You must mail your request to this address:
Rodriguez v. The Olympic Club
Settlement Administrator
PO Box 25226
Santa Ana, CA 92799
Your request must be postmarked by November 19, 2024.
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No. If you exclude yourself, you will not be entitled to any award under the Settlement. However, you will also not be bound by any judgment in this Lawsuit. If you exclude yourself, you should not submit a Claim Form for a Settlement Payment or other benefits offered through the Settlement. Again, by excluding yourself from the Settlement, you retain all your rights against the Defendant concerning the Released Claims but you give up your ability to be part of the Settlement, and will receive no benefits available through the Settlement
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No. Unless you exclude yourself, you give up any right to sue Defendant for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case.
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No. You need to choose one or the other: exclude yourself or remain a Settlement Class Member and object. If you exclude yourself you will no longer be a Settlement Class Member or be subject to the terms of the Settlement. In that case, there will not be a basis to object because the Settlement will not impact the rights you retain against Defendant by opting out of the Settlement Class (e.g., ability to sue on the Released Claims). If you submit both a request to exclude yourself and an objection, the Claims Administrator will contact you and ask you to select between exclusion and objection. If you do not respond to the Claims Administrator, you will be deemed to have excluded yourself and the objection will not be presented to the Court.
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All Settlement Class Members who do not opt-out from the Settlement Class have the right to object to the Settlement in total or any part of it (for instance, the releases provided to the Defendant, the fees requested by Class Counsel, or the Service Award sought for the Representative Plaintiff). You cannot exclude yourself and object. If the Court denies approval of the Settlement because of objections or otherwise, no Settlement payments will be made and the Lawsuit will continue. If the Court approves the Settlement, you will remain a Settlement Class Member and will be bound to the Settlement. If you would like to receive benefits under the Settlement in the event that the Court approves the Settlement over your objection, you must submit a Claim Form.
Objections to the proposed Settlement may be in writing or you may appear in person to express your objections before the Court.
Written objections and their supporting papers must be emailed or mailed to the Claims Administrator at the mailing and/or email addresses listed below. The Claims Administrator will forward your objection to Settlement Class Counsel and Defendant’s Counsel. Written objections will be submitted to the Court for the Court’s consideration during the Final Approval Hearing (discussed further below). Written objections must be postmarked or emailed no later than the objection deadline, NOVEMBER 19, 2024:
SETTLEMENT ADMINISTRATOR |
Rodriguez v. The Olympic Club |
If you decide to file a written objection, you should list the name of the Lawsuit: Rodriguez v. The Olympic Club, Case No. CGC-23-605523, and include the following information: (i) your full name, and address, (ii) information showing you are a member of the Settlement Class (such as the notice you received from The Olympic Club or the notice of this Settlement), (iii) a statement as to whether your objection applies only to yourself, to a specific subset of the Settlement Class, or to the entire Class, (iv) a clear and detailed written statement of the specific legal and factual bases for each and every objection, accompanied by any legal support for the objection you believe is applicable, (v) the identity of any counsel representing you, (vi) a statement of whether you intend to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying that counsel, (vii) a list of all persons who will be called to testify at the Final Approval Hearing in support of your objections and any documents to be presented or considered, and (viii) your signature and the signature of your duly authorized attorney or other duly authorized representative (if any).
Even if you do not submit a written objection, you may appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. If you would like to appear at the Final Approval Hearing to object on whatever grounds you wish to express, you may do so without providing any advance notice to the parties or the Court. Again, additional information about the Final Approval Hearing, including location and date, is provided below.
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The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. That hearing is scheduled for January 15, 2025 at 10:00 a.m. at the Superior Court of California, County of San Francisco, 400 McAllister St., San Francisco, CA 94102, in Department 613. Please visit the Court’s website at https://www.sf.courts.ca.gov for current information regarding courthouse access and court hearings.
The Court’s website is free to use and may be used to find the Court’s docket and look up this case in the Court’s docket. To find this case on the Court’s docket, please visit the Court’s website at https://www.sf.courts.ca.gov, click on “Online Services,” and click “Case Information” on the drop-down menu. Once on the page titled “Case Calendar & Query,” please click “Civil Case Query” and enter the case number, CGC-23-605523. You may also access these documents by visiting the Court in person. At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have properly requested to speak at the hearing. The Court may also consider Settlement Class Counsel’s request for attorneys’ fees and costs, and the request for a service award for the Representative Plaintiff. After the hearing, the Court will decide whether to approve the Settlement.
It is possible the Court could reschedule the hearing to a different date or time without notice, so it is a good idea before the hearing to check this website or access the Court docket in this case through the Court’s Public Access System at https://sf.courts.ca.gov/online-services/case-information to confirm the schedule if you wish to attend.
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No. You do not need to attend the hearing unless you desire to object to the Settlement in person. It is not necessary to appear in person in order to make an objection. The Court will consider any written objections properly submitted according to the instructions in Question 15. You or your own lawyer are welcome to attend the hearing at your expense, but are not required to do so.
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If the Court approves the Settlement and no appeal is taken, The Olympic Club will deposit with the Settlement Administrator sufficient funds to pay Approved Claims.
If any appeal is taken, it is possible the Settlement could be disapproved on appeal.
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If the Court does not approve the Settlement, there will be no Settlement payments to Settlement Class Members, Settlement Class Counsel or the Representative Plaintiff, and the case will proceed as if no Settlement had been attempted.
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The Court has appointed the following Class Counsel to represent the Settlement Class in this Lawsuit:
SETTLEMENT CLASS COUNSEL |
Scott Edward Cole, Esq. |
Settlement Class Members will not be charged for the services of Settlement Class Counsel. Settlement Class Counsel will be paid by Defendant separately, subject to Court approval. However, you may hire your own attorney at your own cost to advise you in this matter or represent you in making an objection or appearing at the Final Approval Hearing.
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Settlement Class Counsel will request the Court’s approval of an award for attorneys’ fees and reasonable litigation costs not to exceed one hundred and fifty thousand dollars ($150,000). Settlement Class Counsel will also request approval of a service award of two thousand dollars ($2,000) for the Representative Plaintiff.
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The Notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Class Settlement Agreement and Release available HERE, by contacting Settlement Class Counsel at the phone number provided in response to Question 20 above, by accessing the Court docket in this case, for free, through the Court’s Public Access system at https://sf.courts.ca.gov/online-services/case-information or accessing the Court docket by visiting the Office of the Clerk, Superior Court of California, County of San Francisco, 400 McAllister St., San Francisco, CA 94102, between 8:30 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
Simpluris will act as the Settlement Administrator for the Settlement. You can contact the Settlement Administrator at:
Rodriguez v. The Olympic Club
Settlement Administrator
PO Box 25226
Santa Ana, CA 92799
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