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The Court authorized this website because you have a right to know about the proposed Settlement in this class action lawsuit and about all of your options before the Court decides whether to give “final approval” to the Settlement. This website explains the legal rights and options that you may exercise before the Court decides whether to approve the Settlement.
Judge Keri Katz of the Superior Court of California, San Diego County, Dept. C-74, is overseeing this case. The case is known as Michael Wilson v. Maxim Healthcare Services, Inc., Case No.: 37-2022-00046497-CU-MC-CTL (Cal. Super. Ct. for San Diego Cty.) The person who sued is called the Plaintiff. Maxim Healthcare Services, Inc., is called the Defendant.
If you are not sure whether you are included in the Settlement, or have any other questions related to the Settlement, you may:
1. Call 1-833-630-8181
2. Use the Contact section of this Settlement Website
3. Write to:
Please do not contact the Court with questions.
All Settlement Class Members will be provided access to free identity-theft protection called “Financial Shield” by Pango for a period of 12 months from the Effective Date of the Settlement without the need to submit a Settlement Claim. A link with a redeemable code to be used directly with Pango was provided in the Short Notice sent by the Claims Administrator. If for some reason you have not received a unique ID, but believe you are a Settlement Class Member, please call 1-833-630-8181 to verify your identity and request further information on how to file a claim.
The Settlement will also provide payments to people who submit Valid Claims for expenses incurred or time spent as a result of the Data Incident.Settlement Class Members who were residents of California at the time of the Data Incident will also be eligible for a flat monetary benefit of approximately $100 each in addition to being eligible for reimbursements of Extraordinary expenses and for Identity-Theft protection.
Settlement Class Members are eligible to receive reimbursement of up to $5,000 (in total per class member) for “Extraordinary Expense Reimbursement”:
• the loss is an actual, documented and unreimbursed monetary loss
• the loss was more likely than not caused by the Data Incident
• the loss occurred between October 1, 2020 and July 24, 2023; and
• the loss is not for time expended or statutory damages; and,
• the member of the Settlement Class made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.
More details are provided in the Settlement Agreement, which is available in the documents section of this website.
To activate the Financial Shield identity theft protection, please visit www.app.financialshield.com/enrollment/activate/maxim after the Effective Date, currently estimated to be August 28, 2023, and use your activation code.
To get a monetary payment from the Settlement, you must complete a Claim Form. Please read the instructions carefully, fill out the Claim Form, provide reasonable documentation (where applicable), and submit it online or mail it postmarked no later than July 24, 2023, to:
You may submit a claim online or download a copy in the documents section of this website, or you may call 1-833-630-8181 to request that a claim form be mailed to you.
The Claims Administrator, Kroll Settlement Administration, will initially decide whether the information provided on a Claim Form is complete and valid. The Claims Administrator may request additional information from any claimant. If the required information is not provided timely, the claim will be considered invalid and will not be paid.
If the claim is complete and the Claims Administrator denies the claim entirely or partially, the claimant will be provided an opportunity to have their claim reviewed by an impartial Claims Referee selected by the Settling Parties.
If the Settlement becomes Final, you will give up your right to sue Defendant for the claims being resolved by this Settlement. The specific claims you are giving up against Defendant are described in paragraphs 1.19, 1.20, 1.21 and 1.29 of the Settlement Agreement. You will be releasing Defendant and all related people or entities as described in Section IV.1 of the Settlement Agreement. The Settlement Agreement is available in the documents section of this website.
The Settlement Agreement describes the Released Claims with specific descriptions, so read it carefully. If you have any questions you can talk to the law firms listed in Question 16 for free, or you can, of course, talk to your own lawyer at your own expense.
To exclude yourself, send a letter that says you want to be excluded from the Settlement in Michael Wilson v. Maxim Healthcare Services, Inc., Case No.: 37-2022-00046497-CU-MC-CTL (Cal. Super. Ct. for San Diego Cty.), and include your name, address, and signature. You must mail your request for exclusion postmarked by June 23, 2023, to:
Yes. The Court appointed the following law firms as class counsel: M. Anderson Berry of Clayeo C. Arnold, A Professional Law Corp. 865 Howe Avenue, Sacramento, CA 95825, and John J. Nelson of Milberg Coleman Bryson Phillips Grossman, PLLC, 401 W Broadway, Suite 1760, San Diego, CA 92101.
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.
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. If that is what you want to happen, you must object.
Any objection to the proposed Settlement must be in writing and sent to Class counsel, M. Anderson Berry of Clayeo C. Arnold, A Professional Law Corp. 865 Howe Avenue, Sacramento, CA 95825, and counsel for Maxim, Casie D. Collignon, Baker & Hostetler, LLP, 1801 California Street, Suite 4400, Denver, Colorado 80202-2662. In the alternative to the foregoing mailing procedure, you may also file objections with the Claims Administrator, by mailing a copy with a postmark date no later than sixty (60) days from the Notice Commencement Date or June 23, 2023 to the dedicated post-office box established by the Claims Administrator for receiving correspondence:
If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person, remotely by conferencing software. Instructions will be provided by the Court and posted at this website, or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.
Your objection must include all of the following information: (i) your full name and address; (ii) the case name and docket number – Michael Wilson v. Maxim Healthcare Services, Inc., Case No.: 37-2022-00046497-CU-MC-CTL; (iii) information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class (e.g., a copy of your Settlement notice, a copy of the original notice of the Data Incident, or a statement explaining why you believe you are a Settlement Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection(s) you believe applicable; (v) the identity of any and all counsel (if any) representing you in connection with the objection; (vi) a statement whether you and/or your counsel will appear at the Final Fairness Hearing; and (vii) your signature or the signature of your duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection.
The Court will hold a Final Approval Hearing on July 28, 2023, at 8:30 a.m., at the San Diego Courthouse, 330 West Broadway, San Diego, California 92101, Department SD-74. The Final Approval Hearing may also be conducted remotely by conferencing software. Instructions for joining remotely will be posted on this website. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website or call 1-833-630-8181 for updates.
At this 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 asked to speak at the hearing. The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses, as well as the request for a service award for the Representative Plaintiff. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
If you do nothing, you will get no monetary benefits from this Settlement, but you will be entitled to access to free identity-theft monitoring protection, called “Financial Shield” by Pango for a period of 12 months from the Effective Date of the Settlement, if it is finally approved. Once the Settlement is granted final approval and the judgment becomes Final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant about the legal issues in this case, ever again.
You must exclude yourself from the Settlement if you want to retain the right to sue Defendant for the claims resolved by this Settlement.
This website summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available in the documents section of this website, by contacting class counsel (information provided below), or by visiting the office of the Clerk of the Court for Superior Court of California, County of San Diego.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
You may contact class counsel at:
M. ANDERSON BERRY
CLAYEO C. ARNOLD,
A PROFESSIONAL LAW CORP.
865 Howe Avenue Sacramento, CA 95825
Telephone: (916) 239-4778
Facsimile: (916) 924-1829
John J. Nelson (SBN 317598)
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
401 W Broadway, Suite 1760
San Diego, CA 92101
Telephone: (858) 209-6941