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You are a Settlement Class Member if you are a person who provided their personal data to NorthStar and were notified that their personal data may have been impacted as a result of the Data Incident.
The Settlement Class specifically excludes NorthStar’s officers and directors, as well as (i) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (ii) the judges assigned to the Litigation and to evaluate the fairness, reasonableness, and adequacy of this Settlement; and (iii) any other Person found by a court of competent jurisdiction to be guilty under criminal law of perpetrating, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.
This Long-Form Notice explains the nature of the Litigation and claims being settled, your legal rights, and the benefits to the Settlement Class
This case is known as Kemp v. NorthStar Emergency Medical Services, Inc., Case No.: 63-cv-2023-900249.00 (“Litigation”), filed in the Circuit Court of Tuscaloosa County, Alabama. The person who sued is called the “Plaintiff” and the company they sued, NorthStar Emergency Medical Services, Inc., is known as the “Defendant” in this case.
Plaintiffs filed a lawsuit against Defendant, individually, and on behalf of anyone whose personal information was potentially impacted as a result of the Data Incident.
This Litigation arises out of a Data Incident, and alleges that an unauthorized third party accessed NorthStar’s computer systems and data in September 2022, resulting in the third party’s potential access to personal information belonging to Plaintiffs and Settlement Class Members, including but not limited to individuals’ names, Social Security Numbers, dates of birth, patient ID number, treatment information, Medicare/Medicaid number, and/or health insurance information.Defendant denies all claims asserted against it in the Litigation and denies all allegations of wrongdoing and liability.
The proposed Settlement will provide the following benefits to Settlement Class Members:
Reimbursement Claims
Claims will be subject to review for completeness and plausibility by the Settlement Administrator.
To receive reimbursement from the Post-Net Settlement Fund for any of the above-referenced documented ordinary losses, Settlement Class Members must submit a valid and timely Claim Form, including necessary supporting documentation, to the Settlement Administrator.
Cash Compensation: In the alternative of reimbursement claims, Settlement Class Members may make a claim for a cash payment that is estimated to be approximately $50, subject to pro rata increase or decrease of the Post-Loss Net Settlement Fund remaining after all payments for Compensation for Ordinary Losses and Compensation for Lost Time are made.
If you do not want to be included in the Settlement, you must “Opt-Out” by sending a timely written Opt-Out Request, stating your full name, address, and telephone number. Your Opt-Out Request must (a) state your full name, address, and telephone number; (b) contain your personal and original signature (or the original signature of a person authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on your behalf with respect to a claim or right such as those in the Litigation); and (c) state your intent to be excluded from the Settlement Class and from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement.
Your written Opt-Out Request must be postmarked no later than June 10, 2024 to:
Kemp v. NorthStar EMS
c/o Kroll Settlement Administration
PO Box 5324
New York, NY 10150-5324
Instructions on how to submit an Opt-Out Request are available at this Settlement Website or from the Settlement Administrator by calling (833) 383-6116.
If you exclude yourself you will not be able to receive any cash benefit from the Settlement, and you cannot object to the Settlement at the Final Approval Hearing. You will not be legally bound by anything that happens in the Litigation, and you will keep your right to sue Defendant on your own for the claims that this Settlement resolves.
If you want to tell the Court that you do not agree with the proposed Settlement or some part of it, you must file an Objection with the Court and serve on Class Counsel and NorthStar’s Counsel by June 10, 2024, (the “Objection Deadline”) stating why you do not think the Settlement should be approved.
To be valid, each Objection must:
Objections should also provide the following information:
(a) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through a lawyer) has filed an objection to any proposed class action settlement within the last three (3) years; and
(b) a list, by case number, court, and docket number, of all other cases in which the objector has been a named plaintiff in any class action or served as a lead plaintiff or class representative. A Settlement Class Member may only object on their own behalf or on behalf of a person they are authorized by law to object for, such as a trustee, guardian, or person acting under a power of attorney with respect to a claim or right.
Your Objection must be filed with the Clerk of Court, served on Class Counsel and NorthStar’s Counsel and include the case name and docket number, Kemp v. NorthStar Emergency Medical Services, Inc., Case No.: 63-cv-2023-900249.00, filed in Circuit Court of Tuscaloosa County, Alabama to be received no than June 10, 2024, at:
Class Counsel | Northstar's Counsel |
Ryan Lutz | Christopher A. Wiech |
The Court will hold the Final Approval Hearing on June 17, 2024, at 2pm. ET in Courtroom ____, of the Circuit Court of Tuscaloosa County, Alabama 714 Greensboro Avenue, Tuscaloosa, AL 35401. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this Settlement Website for updated information.
At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class Members, and if it should be Finally approved. If there are valid Objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the Fee Awards, Costs and Expenses to Class Counsel and the request for a Service Award to the Class Representatives.
No. You are not required to come to the Final Approval Hearing. However, you are welcome to attend the hearing at your own expense.
If you submit an Objection, you do not have to come to the hearing to talk about it. If your Objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but that is not necessary. However, you must follow the requirements for making Objections in Question 15, including the requirements for making appearances at the hearing.