Frequently Asked Questions

The Court authorized the notice because you have a right to know about the proposed settlement in this Class Action and about all of your options before the Court decides whether to give “Final Approval” to the settlement. The notice explains the legal rights and options that you may exercise before the Court decides whether to approve the settlement.

Judge Harold W. Hopp of the Superior Court of Riverside County, California is overseeing this case.  The case is known as Ware, et al. v. San Gorgonio Memorial Hospital, No. CVRI 2301216 (the “Lawsuit”). The people who sued are called the Plaintiffs. San Gorgonio is called the Defendant.

Plaintiffs claim San Gorgonio was responsible for the increased risk of identity theft stemming from the Data Security Incident and assert claims including: (i) negligence; (ii) breach of implied contract; (iii) violation of the California Confidentiality of Medical Information Act; (iv) violation of the California Unfair Competition Law; and (v) violation of the California Customer Records Act.  The Lawsuit seeks, among other things, payment for persons who were injured by the Data Security Incident. 

San Gorgonio denies all of the claims made in the Lawsuit, as well as all charges of wrongdoing or liability against it. 

In a class action, one or more people called “Plaintiff(s)” or “Representative Plaintiff(s)” (in this case, Timothy Ware, Amanda Canale, on behalf of her minor child Z.N., Lisa J. Johnson, Gabriella Tanori, and Geraldine Rogers) sue(s) on behalf of all people who have similar claims. Together, all these people are called a Class or Class members. One Court and one judge resolve the issues for all Class members, except for those who exclude themselves from the Class members who participate in the settlement (“Settlement Class”).  

The Court did not decide in favor of Plaintiffs or San Gorgonio. Instead, Plaintiffs and San Gorgonio negotiated a settlement that allows both Plaintiffs and San Gorgonio to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of trial and appeals. It also allows Settlement Class member to obtain benefits without further delay. The Representative Plaintiffs and their attorneys believe the settlement is best for all Settlement Class members. The settlement does not mean that San Gorgonio did anything wrong. 

You are part of this settlement as a Class Member if you are an individual residing in the United States to whom San Gorgonio or its authorized representative sent notice concerning the Data Security Incident discovered on or about November 10, 2022. 

Specifically excluded from the Settlement Class are: (i) San Gorgonio and San Gorgonio’s parents, subsidiaries, affiliates, officers and directors, and any entity in which San Gorgonio has a controlling interest; (ii) all individuals who make a timely election to be excluded from this proceeding using the correct protocol for opting out; (iii) any and all federal, state or local governments, including but not limited to their departments, agencies, divisions, bureaus, boards, sections, groups, counsels and/or subdivisions; and (iv) all judges assigned to hear any aspect of this litigation, as well as their immediate family members. 

If you are not sure whether you are included in the settlement, or have any other questions related to the settlement, you may call:  (833) 627-3292 

You may also Write: Settlement Administrator - 83129 
c/o Kroll Settlement Administration LLC 
P.O. Box 5324, New York, NY 10150-5324 

Please do not contact the Court with questions. 

The settlement provides for two types of cash payments: (1) a presumptive residual cash payment of $100, which may increase or decrease based on the number of claims and available funds; and (2) up to $500 in reimbursement for documented ordinary out-of-pocket losses and up to 3 hours of time at $30 per hour reasonably spent responding to the Data Security Incident. You may submit a claim for any of the above-listed remedies. To claim each type of remedy, you must provide information and documentation with the Claim Form.  

San Gorgonio has also agreed that it has and will continue to undertake certain reasonable steps to enhance the security deployed to secure access to its data network. These steps are delineated in the Settlement Agreement available on the Documents section of the website.

Residual Cash Payment: All Class Members may claim a presumptive residual cash payment of $100, which may increase or decrease based on the number of claims and available funds, in addition to other benefits provided herein. 

Ordinary Expense and Time Reimbursements: Class Members are eligible to claim up to $500 in reimbursement for the following: 

Out of pocket expenses, namely, postage, copying, scanning, faxing, mileage and other travel-related charges, parking, notary charges, research charges, cell phone charges (only if charged by the minute), long distance phone charges, data charges (only if charged based on the amount of data used), text message charges (only if charged by the message), bank fees, accountant fees, and attorneys’ fees, all of which must be fairly traceable to the Data Security Incident and must not have been previously reimbursed by a third party; and 

Up to 3 hours of lost time, at $30/hour for time spent dealing with the Data Security Incident. 

The Claim Filing Deadline was March 6, 2025.

The Claims Administrator 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 claimant does not timely provide the required information, the Claim will be considered invalid and will not be paid. If the claim is rejected in whole or in part, for any other reason, then the Claims Administrator shall refer the claim to the Representative Plaintiffs, San Gorgonio, and their counsel for a determination. 

You do not have to do anything to remain in the settlement, but if you want a payment, you must submit a Claim Form postmarked or submitted online by March 06, 2025. 

By remaining in the settlement, you are agreeing that all of the Court’s orders will apply to you, and that you give San Gorgonio a “Release.” A Release means you cannot sue or be part of any other lawsuit against San Gorgonio about the claims or issues in this lawsuit (relating to the Data Security Incident), and that you will be bound by the settlement. The specific claims you are giving up against San Gorgonio and related persons or entities are called “Released Claims.” The Released Claims are defined in the Settlement Agreement, which is available on the Documents section of the website. The Settlement Agreement describes the Released Claims with specific and accurate legal descriptions, so read it carefully. 

No. If you exclude yourself, you will not be entitled to any benefits of the settlement, including any claim you file if you submit both a claim and an exclusion form. You should submit only one of those two forms. If you exclude yourself, you will also not be bound by any judgment in this case. 

No. Unless you exclude yourself, you give up any right to sue San Gorgonio 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. If you exclude yourself, do not submit a Claim Form to ask for a payment.

To exclude yourself from the settlement, send a letter to the Claims Administrator that says you want to be excluded from the settlement in Ware, et al. v. San Gorgonio Memorial Hospital, No. CVRI 2301216 (Riverside County, California) (“Opt-Out Request”). Include your name, address, and signature. The Opt-Out Deadline was February 04, 2025. 

Yes. The Court appointed M. Anderson Berry of Clayeo C. Arnold, A Professional Corp., and Ryan D. Maxey of Maxey Law Firm, P.A. to represent you and other Settlement Class Members. These 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. 

If the settlement is approved and becomes final, Class Counsel will ask the Court to award combined attorneys’ fees and costs in the amount of $266,666.66 and reasonable expenses not to exceed $25,000.  Class Counsel will also request approval of a service award to each of the Representative Plaintiffs in the amount of $2,500.  If approved, these amounts, as well as the Costs of Claims Administration; will be paid separately by San Gorgonio and will not reduce the amount of total payments available to Settlement Class Members.  

If you are a Settlement Class Member, you can object to the settlement if you do not like it or some part of it.  You can give reasons why you think the Court should not approve the settlement. The Court will consider your views before making a decision. To object, you must mail a written notice stating that you object to the settlement to the Claims Administrator. Your objection must include all of the following information: (i) your full name and address; (ii) the case name and docket number - Ware, et al. v. San Gorgonio Memorial Hospital, No. CVRI 2301216 (Riverside County, California); (iii) proof that you are a member of the Settlement Class (e.g., copy of your settlement notice, a copy of original notice of the Data Security 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 you believe applicable; (v) the identity of any and all counsel representing you in connection with the objection; (vi) a statement whether you and/or your counsel will appear at the Final Approval 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 Objection Deadline was February 04, 2025.

The Court may elect to hear your oral objection, even if you do not follow the above procedure, at the Final Approval Hearing, however, the Parties reserve the right to challenge the objection of any Settlement Class Member who does not follow the above procedure. 

Objecting is telling the Court that you do not like the settlement and why you do not think the Court should approve it. You can object only if you do not exclude yourself from the Settlement Class. Opting-out, also referred to as excluding yourself, is telling the Court that you do not 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 a Final Approval Hearing on April 3, 2025 in Department 01. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. The Court will take into consideration any properly filed written objections and may also listen to people who have asked to speak at the hearing (see Question 18). The Court will also decide whether to approve fees and costs to Settlement Class Counsel, and the service award to the Representative Plaintiffs. 

No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your own expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to talk about it. As long as you mailed your written objection on time and according to the instructions provided in Question 18, the Court will consider it. 

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file and serve an objection according to the instructions in Question 18, including all the information required.

If you do nothing, you will get no monetary benefits from this settlement. Once the Court grants the settlement 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 San Gorgonio about the legal issues in this case, ever again. 

The Notice is a summary of the proposed settlement. You can find complete details about the settlement in the Settlement Agreement, listed on the Documents section of this website as Exhibit B to the “Declaration of M. Anderson Berry in Support of Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement” filed on October 01, 2024. You may write with questions to postal address: Settlement Administrator - 83129 c/o Kroll Settlement Administration LLC, P.O. Box 5324, New York, NY 10150-5324. You may also call the toll-free telephone number (833) 627-3292. 

The address to Department 10 of the Riverside Historic Courthouse, the courthouse to which this case is assigned, is 4050 Main Street Riverside, CA 92501. You may find more information about this case on the court’s website here.

PLEASE DO NOT CALL THE COURT OR THE JUDGE WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.