Basic Information

1. Why is this Notice being provided?

The Court directed that this Notice be provided because you have a right to know about a proposed settlement that has been reached in this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Settlement Administrator appointed by the Court will distribute the payments that the Settlement allows. This Notice explains the lawsuit, the Settlement, your legal rights, what payments are available, who is eligible for them, and how to get them.

The Court in charge of this case is the Superior Court of Bibb County, State of Georgia. The case is known as Jackson-Battle v. Navicent Health, Inc., Case No. 2020-CV-072287 (the “Lawsuit”). The persons who filed the Lawsuit are called the Plaintiffs and the entity they sued, Navicent Health, Inc., is called the Defendant.

2. What is this lawsuit about?

The Lawsuit claims that Navicent was responsible for the Data Incident and asserts claims such as: negligence; intrusion upon seclusion/invasion of privacy; breach of fiduciary duty; breach of confidence; breach of express contract; and breach of implied contract. The Lawsuit seeks, among other things, payment for persons who were injured by the Data Incident.

Navicent has denied and continues to deny all of the claims made in the Lawsuit, as well as all charges of wrongdoing or liability against it.

3. What is a class action?

In a class action, one or more people called Class Representatives (in this case, Kathy Jackson-Battle and Jessica Ramirez) sue on behalf of people who have similar claims. Together, all these people are called a Class or Class Members. One court and one judge resolves the issues for all Class members, except for those who exclude themselves from the Settlement Class.

4. Why is there a Settlement?

The Court did not decide in favor of the Plaintiff or Navicent. Instead, the Plaintiffs negotiated a settlement with Navicent that allows both Plaintiffs and Navicent to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Settlement Class Members to obtain payment without further delay. The Class Representatives and their attorneys think the Settlement is best for all Settlement Class Members. This Settlement does not mean that Navicent did anything wrong.

Who Is Included In The Settlement?

5. How do I know if I am a part of the Settlement?

You are part of this Settlement as a Settlement Class Member if you previously received a notification from Navicent of the Data Incident.

6. Are there exceptions to being included in the Settlement?

Yes. Specifically excluded from the Settlement Class are: (i) Navicent and its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) the judge assigned to evaluate the fairness of this settlement; 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 Data Incident or who pleads nolo contendere (a no-contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea and is often offered as part of a plea bargain) to any such charge.

The Settlement Benefits – What You Get If You Qualify

7. What does the Settlement provide?

The Settlement will provide payments to people who submit valid claims.

There are two types of payments that are available: (1) Expense Reimbursement (Question 8, below) and (2) Extraordinary Expense Reimbursement (Question 9, below). You may submit a claim for either or both types of payments. In order to claim each type of payment, you must provide related documentation with the Claim Form.

The Settlement also provides that Navicent has made information security enhancements, and will commit to continuing to make information security enhancements in each of years 2020, 2021, and 2022.

8. What payments are available for Expense Reimbursement?

Class Members are eligible to receive reimbursement of up to $200 (in total) for the following categories of out-pocket expenses resulting from the Data Incident:

  •  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), postage, or gasoline for local travel;
  • fees for credit reports, credit monitoring, or other identity theft insurance product purchased between March 22, 2019 and the date of the close of the Claims Period (if Settlement Class Member makes affirmative statement that it was purchased primarily because of the Data Incident);
  • reimbursement of up to four hours of documented lost time (at $15 per hour) spent dealing with the Data Incident, e.g., time spent dealing with replacement card issues, reversing fraudulent charges, rescheduling medical appointments and/or finding alternative medical care and treatment, retaking or submitting to medical tests, locating medical records, retracing medical history, and any other demonstrable form of disruption to medical care and treatment, but only if at least one full hour was spent, and only if the time can be documented with reasonable specificity by answering the questions on the Claim Form.
9. What payments are available for Extraordinary Expense Reimbursement?

Class Members who had other extraordinary unreimbursed monetary losses because of information compromised as part of the Data Incident are eligible to make a claim for reimbursement of up to $2,500. As part of the claim, the Class Member must show that: (1) it is an actual, documented, and unreimbursed monetary loss; (2) the loss was more likely than not caused by the Data Incident; (3) the loss occurred during the time period from July 1, 2018 through and including the end of the applicable claims period; (4) the loss is not already covered by one or more of the categories in Question 8; and (5) a reasonable effort was made to avoid or seek reimbursement for the loss (including exhaustion of all available credit monitoring insurance and identity theft insurance).

More details are provided in the Settlement Agreement, which is available HERE.

How To Get Benefits – Submitting A Claim Form

10. How do I get benefits from the Settlement?

To ask for a payment, you must complete and Submit a Claim Form online or mail one to the Settlement Administrator. Printable Claim Forms are available by clicking HERE, or you may request one to be mailed to you by calling 1-844-419-0101. Read the instructions carefully, fill out the Claim Form, and mail it postmarked no later than August 26, 2021 to:

Navicent Claims Administrator
PO Box 5144
Baton Rouge, LA 70821

 

11. How will claims be decided?

The Claims Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Claims Administrator may require additional information from any claimant. If the required information is not timely provided, 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 Claim Referee who has been appointed by the Court.

12. When will I get my payment?

The Court will hold a Final Fairness Hearing at 10:30 a.m. on August 4, 2021 to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether any appeals can be resolved favorably, and resolving them can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed, depending on the number of claims submitted and whether any appeals are filed. Please be patient.

Remaining In The Settlement

13. Do I need to do anything to remain in the Settlement?

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 by August 26, 2021.

14. What am I giving up as part of the Settlement?

If the Settlement becomes final, you will give up your right to sue Navicent for the claims being resolved by this Settlement. The specific claims you are giving up against Navicent are described in Section 1.20 of the Settlement Agreement. You will be “releasing” Navicent and all related people or entities as described in Section 6 of the Settlement Agreement

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions about what this means you can talk to the law firms listed in Question 18 for free or you can, of course, talk to your own lawyer at your own expense.

Excluding Yourself From The Settlement

If you do not want a payment from this Settlement, but you want to keep the right to sue Navicent about issues in the Litigation, then you must take steps to get out of the Settlement Class. This is called excluding yourself from – or is sometimes referred to as “opting out” of – the Settlement Class.

15. If I exclude myself can I still get payment from the Settlement?

No. If you exclude yourself from the Settlement, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this case.

16. If I do not exclude myself can I sue Navicent for the same thing later?

No. Unless you exclude yourself from the Settlement, you give up any right to sue Navicent 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.

17. How do I get out of the Settlement?

To exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from the Settlement in Jackson-Battle v. Navicent Health, Inc., Case No. 2020-CV-072287. Your letter must also include your name, address, and signature. You must mail your exclusion request postmarked no later than June 28, 2021 to:

Navicent Settlement Exclusions
P.O. Box 5144
Baton Rouge, LA 70821

18. Do I have a lawyer in this case?

Yes. The Court appointed Gary E. Mason and David K. Lietz of Mason Lietz & Klinger LLP, 5101 Wisconsin Avenue NW, Suite 305 Washington, DC 20016, and Gary M. Klinger of Mason Lietz & Klinger LLP, 227 W. Monroe Street, Suite 2100 Chicago, Illinois 60606, 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.

19. How will Class Counsel be paid?

If the Settlement is approved and becomes final, Class Counsel will ask the Court to award attorneys’ fees and litigation costs up to $250,000. Class Counsel will also request approval of a service award of $1,000 for each Class Representative (for a total award of $2,000). If approved, these amounts, as well as the costs of notice and settlement administration, will be paid separately by Navicent and will not reduce the amount of total payments available to Settlement Class Members.

Objecting To The Settlement

You can tell the Court that you do not agree with the Settlement or some part of it.

20. How do I tell the Court that I do not like the Settlement?

If you are a Settlement Class member, you can 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. The Court will consider your views before making a decision. To object, you must file with the Court and mail copies to Class Counsel and Navicent’s Counsel a written notice stating that you object to the Settlement in Jackson-Battle v. Navicent Health, Inc., Case No. 2020-CV-072287.

Your objection must include:

      1. your full name, address, telephone number, and e-mail address;
      2. information or proof showing you are a Settlement Class Member;
      3. the reasons why you object to the Settlement, including any documents supporting your objection;
      4. the name and address of your attorney, if you have retained one;
      5. the name and address of any attorneys representing you that may appear at the Final Fairness Hearing;
      6. a statement confirming whether you and/or your counsel intend to personally appear and/or testify at the Final Fairness Hearing;
      7. a list, by case name, court, and docket number, of all other cases in which you (directly or through a lawyer) have filed an objection to any proposed class action settlement within the last three years;
      8. a list, by case name, court, and docket number, of all other cases in which your lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three years;
      9. your signature or the signature of your attorney or other duly authorized representative (along with documentation illustrating representation).

Your objection must be filed with the Clerk of the Superior Court of the Bibb County, State of Georgia, 601 Mulberry Street, Macon, GA 31201 no later than June 28, 2021. You must also mail copies of your objection to Class Counsel and Navicent’s Counsel postmarked no later than June 28, 2021, at all of the addresses below.

Class Counsel Navicent’s Counsel

Gary Mason
David K. Lietz

MASON LIETZ &
KLINGER LLP

5101 Wisconsin Avenue
NW, Suite 305
Washington, DC 20016

Gary M. Klinger 

MASON LIETZ &
KLINGER LLP

227 W. Monroe Street

Suite 2100

Chicago, IL 60606

Christopher A. Weich

BAKER & HOSTETLER LLP

1170 Peachtree Street

Suite 2400

Atlanta, GA 30309

21. What is the difference between objecting to and excluding myself from the Settlement?

Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Class in this Settlement. If you exclude yourself from the Settlement, you have no basis to object or submit a Claim Form because the Settlement no longer affects you.

The Court’s Final Fairness Hearing

The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you do not have to. You cannot speak at the hearing if you exclude yourself from the Settlement.

22. When and where will the Court decide whether to approve the Settlement?

The Court will hold a Final Fairness Hearing at 10:30 a.m. on August 4, 2021, in the Superior Court of the Bibb County, State of Georgia, 601 Mulberry Street, Macon, GA 31201. 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 20). The Court will also decide whether to approve fees and costs to Class Counsel, and the service awards to the Class Representatives.

23. Do I have to come to the Final Fairness Hearing?

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.

24. May I speak at the Final Fairness Hearing?

Yes, you may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must follow the instructions provided in Question 20 above. You cannot speak at the hearing if you exclude yourself from the Settlement..

If You Do Nothing

25. What happens if I do nothing?

If you do nothing, you will not receive any compensation from this Settlement. If the Court approves the Settlement, you will be bound by the Settlement Agreement and the Release. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Navicent or related parties about the issues involved in the Lawsuit, resolved by this Settlement, and released by the Settlement Agreement.

Getting More Information

26. Are more details about the Settlement available?

Yes. More details are in the Stipulation and Settlement Agreement, which is available HERE, or by writing to the Navicent Settlement Administrator, P.O. Box 5144, Baton Rouge, LA 70821.

Please do not call the Court or the Clerk of the Court for additional information. They cannot answer any questions regarding the Settlement or the Lawsuit.