Frequently Asked Questions

Jeffrie Allan Summers II v. Sea Mar Community Health Centers

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If you received a Notice the Court authorized the Notice to inform you about a proposed Settlement with Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights.

Judge Suzanne R. Parisien of the Superior Court of the State of Washington in and for the King County is overseeing this class action. The case is called Jeffrie Allan Summers II v. Sea Mar Community Health Centers, Case No. 2-2-00773-7-SEA (Wash. Super. Ct.) (the “Action”).

Alan Hall, Jeffrie Alan Summers II, and Kristine Wright are the Plaintiffs or Class Representatives. The company they sued, Sea Mar Community Health Centers, is the Defendant.

A class action is a lawsuit in which one or more plaintiffs—in this case, Alan Hall, Jeffrie Alan Summers II, and Kristine Wright —sue on behalf of a group of people who have similar claims. Together, this group is called a “Class” and consists of “Class Members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class. After the Parties reached an agreement to settle this case, the Court granted preliminary approval of the Settlement and recognized it as a case that should be treated as a class action for settlement purposes.

The Plaintiffs claim that Defendant failed to implement and maintain reasonable security measures to protect patient, employee, and guarantor Private Information in its possession, in order to prevent the Data Incident from occurring. 

Defendant denies that it is or can be held liable for the claims made in the lawsuit. More information about the complaint in the lawsuit and Defendant’s responses can be found in the documents section of this website.

The Court has not decided whether the Plaintiffs or Defendant should win this case. Instead, both sides agreed to this Settlement. That way, they can avoid the uncertainty, risks, and expense of ongoing litigation, and Settlement Class Members will get compensation now rather than years later—if ever. The Class Representative and Class Counsel, attorneys for the Settlement Class Members, agree the Settlement is in the best interests of the Settlement Class Members. The Settlement is not an admission of wrongdoing by Defendant.

You are part of the Settlement as a Settlement Class Member if your Private Information was maintained on Defendant’s computer systems and/or network that was potentially compromised in the Data Incident. Eligible Settlement Class Members will have been mailed notice of their eligibility (including from Sea Mar Data Breach, c/o Kroll Settlement Administration LLC, P.O. Box 5324, New York, NY 10150-5324), and Settlement Class membership will be verified against that mailed list. Not all patients, employees, or guarantors of Defendant are Settlement Class Members. If you are still not sure whether you are included, you can contact the Settlement Administrator by calling toll-free at 1-833-512-2312 or using the contact section of this website.

This Settlement Class does not include: (i) Defendant and its officers and directors; (ii) all Settlement Class Members who timely and validly submit requests for exclusion from the Settlement Class; (iii) 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 contendre (a legal term that means, “I do not wish to contend”) to any such charge; and (iv) members of the judiciary to whom this case is assigned, their families, and members of their staff. 

This Settlement provides eligible Settlement Class Members with (1) up to $2,500 in reimbursement for Ordinary Losses consisting of actual documented Out-of-Pocket Losses, documented Unreimbursed Identity Protection Expenses, and up to 10 hours of lost time spent remedying the issues related to the Data Incident (at $30 per hour) (“Attested Lost Time”); (2) in the alternative to reimbursement for Ordinary Losses, a cash payment of up to $100; (3) up to $25,000 in reimbursement for documented Extraordinary Losses arising from financial fraud or identity theft; and (4) 36 months of IDX Identity Protection Services, with 3-Bureau credit monitoring, a $1 million dollar insurance policy, and identity restoration services.

6.A. Who May Recover for Ordinary Losses and for How Much?
If you are a Settlement Class Member and you incurred documented Out-of-Pocket Losses related to the Data Incident, documented Unreimbursed Identity Protection Expenses between December 1, 2020, and December 30, 2022, or Attested Lost Time, you may be eligible to receive reimbursement up to a total of $2,500 per Settlement Class Member. Out-of-Pocket Losses related to the Data Incident may include, without limitation, expenses unreimbursed costs associated with fraud or identity theft, including professional fees and fees for credit repair services and miscellaneous expenses, such as (i) notary, (ii) fax, (iii) postage, (iii) copying, (iii) mileage, and (iv) long-distance telephone charges, as well as costs for credit monitoring costs or other mitigative services that were incurred on or between December 1, 2020 and December 30, 2022.

For Attested Lost Time spent remedying the issues related to the Data Incident, you may receive reimbursement for up to 10 hours at $30 per hour, if at least one full hour was spent remedying issues related to the Data Incident. You must attest that any claimed lost time was spent remedying the issues related to the Data Incident. 

For complete details, please see the Settlement Agreement, whose terms control, available in the documents section of this website. Claims will be subject to a verification process and will be denied if they do not meet the verification requirements. The Settlement Administrator will post additional information about the payment amount on this website, if necessary.

6.B. Who May Receive an Alternative Cash Payment and for How Much?
In the alternative to compensation for Ordinary Losses, Settlement Class Members may simply make a Claim for a cash payment of $100. 

6.C. Who May Recover for Extraordinary Losses and for How Much?
If you are a Settlement Class Member and you incurred documented monetary loss that is, among other things, arising from financial fraud or identity theft, you may be eligible to receive reimbursement up to a total of $25,000 per Settlement Class Member.

To receive reimbursement for Extraordinary Losses, (1) the loss must be an actual, documented, and unreimbursed monetary loss; (2) the loss must be more likely than not caused by the Data Incident; (3) the loss must have occurred during the period  December 1, 2020, through and including December 30, 2022; (4) the loss must not be already covered as an “Ordinary Loss” as described above; and (5) you must provide documentation that you made reasonable efforts to avoid, or seek reimbursement for, the losses, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.

6.D. Who may receive 36 months of IDX Identity Protection Services, with 3-Bureau credit monitoring, a $1 million dollar insurance policy, and identity restoration services?
All Settlement Class Members are eligible to enroll, without the need to file a claim, for 36 months of IDX Identity Protection Services, with 3-Bureau credit monitoring, a $1 million dollar insurance policy, and identity restoration services.

Settlement Class Members will be provided an access code in the Notice to enable them to enroll in the IDX Identity Protection Services. The 36 months of IDX Identity Protection Services will begin to run 15 days after the Effective Date of the Settlement. You will need to enroll in the services. You will be able to enroll at any point during the three-year period the services are offered. (For example, you could enroll at the end of year two and still have one year of coverage remaining.)

Maximum Settlement Contribution: Under this Settlement, the maximum total amount Defendant may be required to pay is $4,400,000. This maximum includes reimbursements for Ordinary Losses, cash payments of up to $100 in the alternative to compensation for Ordinary Losses, reimbursements for Extraordinary Loses, the costs of 36 months of IDX Identity Protection Services, attorneys’ fees, costs, and expenses awarded by the Court to Class Counsel, any awarded class representative service awards, and notice and administrative costs for the Settlement. In no event shall Defendant’s total financial obligation under the Settlement exceed $4,400,000.

To qualify for a Settlement benefit, you must complete and submit a Claim Form. Settlement Class Members who want to submit a Claim must fill out and submit a Claim Form online on this website or by USPS mail. Claim Forms are only available on this website.

Claims will be subject to a verification process. You will need the Unique ID provided on the front of your postcard Notice to fill out a Claim Form. All Claim Forms must be received online or postmarked on or before December 30, 2022. 

The hearing to consider the fairness of the Settlement is scheduled for December 9, 2022, at 9 a.m. PT. If the Court approves the Settlement, eligible Settlement Class Members whose Claims were approved by the Settlement Administrator will be sent payment after all appeals and other reviews, if any, are completed. Please be patient. Eligible Claims will be paid to Class Members electronically unless a Settlement Class Member chooses to receive payment by written check. All checks will expire and become void 180 days after they are issued.

Yes, the Court has appointed Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC and John A. Yanchunis of Morgan & Morgan as “Class Counsel.” 

Should I get my own lawyer?

You don’t need to hire your own lawyer because Class Counsel are working on your behalf. These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. You can ask your own lawyer to appear in Court for you, at your own cost, if you want someone other than Class Counsel to represent you.

Class Counsel will ask the Court for attorneys’ fees, costs, and expenses that will be paid by or on behalf of Defendant separately. Class Counsel will not seek more than $1,320,000 in attorneys’ fees and $30,000 in litigation costs and expenses. Class Counsel will also request Service Awards of up to $2,500 for the Class Representatives. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service award to the Class Representative. The Court may award less than the amounts requested.

If you do not exclude yourself from the Settlement, you will not be able to sue the Defendant about the issues in this case, and you will be bound by all decisions made by the Court in this case, the Settlement, and its included Release. This is true regardless of whether you submit a Claim Form. You can read the Settlement Agreement available in the documents section of this website . However, you may exclude yourself from the Settlement (see Question 14). If you exclude yourself from the Settlement, you will not be bound by any of the Released Claims.

“Released Claims” means any and all claims or causes of action of every kind and description, including any causes of action in law, claims in equity, complaints, suits or petitions, and any allegations of wrongdoing, demands for legal, equitable or administrative relief (including, but not limited to, any claims for injunction, rescission, reformation, restitution, disgorgement, constructive trust, declaratory relief, compensatory damages, consequential damages, penalties, exemplary damages, punitive damages, attorneys’ fees, costs, interest or expenses) that Releasing Parties had, have or may claim now or in the future to have (including but not limited to, assigned claims and any and all “Unknown Claims”) that were or could have been asserted or alleged arising out of the same nucleus of operative facts as any of the claims alleged or asserted in the Action, including but not limited to the facts, transactions, occurrences, events, acts, omissions, or failures to act that were alleged, argued, raised or asserted in any pleading or court filing in the Action, including but not limited to those concerning the Data Incident. The Released Claims include the release of Unknown Claims.

The Settlement Agreement in Section II, paragraph 35 and Section XIII, paragraphs 78-79, describe the Release, Released Claims, and Unknown Claims in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available in the documents section of this website or in the public court records on file in this lawsuit. For questions regarding Releases and what they mean, you can also contact one of the lawyers listed in Question 17 for free, or you can, talk to your own lawyer at your own expense.

The Released Claims do not include any claims arising from or relating to any conduct by Defendant after the date the Agreement is executed. The Released Claims shall also not include the right of Named Plaintiffs, any Settlement Class Member, or any Releasing Party to enforce the terms of the Settlement Agreement.

If you do nothing, you will receive no payment under the Settlement for any losses incurred as a result of the Data Incident, but you will be entitled to access IDX Identity Protection Services for a period of 36 months from the Effective Date of the Settlement, if it is finally approved. You will be in the Settlement Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, the Settlement, and its included Release. You will be deemed to have participated in the Settlement and will be subject to the provisions of Section 11 above. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendant for the claims or legal issues resolved in this Settlement.

If you exclude yourself from the Settlement, you will receive no benefits or payment under the Settlement. However, you will not be in the Settlement Class and will not be legally bound by the Court’s judgments related to the Settlement Class and Defendant in this class action.

You can ask to be excluded from the Settlement. To do so, you must send a letter or exclusion form stating: (1) the name of the proceeding, Jeffrie Allan Summers II v. Sea Mar Community Health Centers, Case No. 2-2-00773-7-SEA (Wash. Super. Ct.); (2) your full name; (3) your current address; (4) your personal signature; and (5) the words “Request for Exclusion” or a comparable statement that you do not wish to participate in the settlement at the top of the communication. You must mail your exclusion request, postmarked by no later than October 31, 2022, to the following address:

Sea Mar Data Breach
c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324

You cannot exclude yourself by phone or email. Each individual who wants to be excluded from the Settlement must submit his or her own exclusion request. No group opt-outs shall be permitted.

A form to exclude yourself from the Settlement, also called opting-out of the Settlement, will be made available for download in the documents section of this website.

No. Unless you exclude yourself, you give up any right to sue Defendant for the claims being resolved by this Settlement even if you do nothing.

No. If you exclude yourself, do not submit a Claim Form to ask for a payment.

If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you do not agree with any part of it. You can give reasons why you think the Court should deny approval by filing an objection. To object, you must file written notice with the Court stating that you object to the Settlement in Jeffrie Allan Summers II v. Sea Mar Community Health Centers, Case No. 2-2-00773-7-SEA (Wash. Super. Ct.), by no later than October 31, 2022. Your objection should be filed with the Court, which you can do by mailing your objection and any supporting documents, to the Superior Court of the State of Washington in and for the King County at the following address:

King County Superior Court
516 Third Ave.
Room E-609
Seattle, Washington 98104

If you are represented by a lawyer, the lawyer may file your objection through the Court’s e-filing system. If you are represented, you must include the identity of any and all attorneys representing you in the objection.

The objection must be in writing and include the case name, Jeffrie Allan Summers II v. Sea Mar Community Health Centers, Case No. 2-2-00773-7-SEA (Wash. Super. Ct.). Your objection must also include, among other things, the following information: (1) your full name, current mailing address, telephone number, and email address; (2) all arguments, citations, and evidence supporting the grounds for your objection, as well as any legal basis and documents supporting the objection; (3) a written statement as to whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (4) the identity of any and all attorneys representing the objector; (5) a statement regarding whether the objector (or his or her attorney) intends to appear at the Final Approval Hearing; and (6) the signature of the objector or his or her attorney. 

In addition to filing your objection with the Court, you must also mail copies of your objection and any supporting documents to both Class Counsel and Defendant’s lawyers at the addresses listed below, postmarked no later than October 31, 2022:


Class Counsel

Gary M. Klinger
MILBERG COLEMAN BRYSON 
PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100 
Chicago, IL 60606

John A. Yanchunis
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
201 N Franklin Street, 7th Floor 
Tampa, FL 33602

Defense Counsel

Randy J. Aliment
LEWIS BRISBOIS BISGAARD & SMITH, LLP
1111 Third Avenue, Suite 2700
Seattle, WA 98101

Class Counsel will file their request for attorneys’ fees, costs, and expenses and Service Award Payments for the Class Representatives with the Court, which will also be posted on this website.

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t 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 the Final Approval Hearing on December 9, 2022, at 9 a.m. PT at the King County Superior Court, 516 Third Ave., Courtroom W-355, Seattle, Washington 98104. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the Service Award payments to the Class Representatives.

Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted on this website, or through the Court’s publicly available docket. You should check this website to confirm the date and time have not been changed.

No. Class Counsel will answer any questions the Court may have, but you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. You may also pay a lawyer to attend on your behalf at your own expense, but you don’t have to.

Yes. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed Settlement.

This website summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available in the documents section of this website. 

YOU MAY CONTACT THE SETTLEMENT ADMINISTRATOR THRU THE CONTACT SECTION OF THIS WEBSITE, BY CALLING TOLL-FREE AT, 1-833-512-2312 OR WRITING TO:

Sea Mar Data Breach
c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324

PLEASE DO NOT CALL THE COURT, THE CLERK OF THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.
This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized website for this case.

Call
1-833-512-2312
Mail
Sea Mar Data Breach Settlement
c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Exclusion Deadline

    Monday, October 31, 2022 You must complete and mail your Request for Exclusion so that it is postmarked no later than Monday, October 31, 2022.

  • Objection Deadline

    Monday, October 31, 2022 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Monday, October 31, 2022.

  • Claim Form Deadline

    Friday, December 30, 2022 You must submit your Claim Form online no later than Friday, Friday, December 30, 2022, or mail your completed paper Claim Form so that it is postmarked no later than Friday, December 30, 2022.

  • Final Approval Hearing Date.

    Friday, December 9, 2022 The Final Approval Hearing is scheduled for Friday, December 9, 2022. Please check this website for updates.

Important Documents

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