1. Why was the Notice issued?
2. What is the Lawsuit about?
3. Why is the Lawsuit a class action?
4. Why is there a settlement?
5. Who is in the Settlement Class?
6. What are the terms of the Settlement?
7. What claims are Settlement Class Members giving up under the Settlement?
8. If I am a Settlement Class Member, what options do I have?
9. What happens if I do nothing?
10. How do I submit a claim?
11. Who decides my Settlement claim and how do they do it?
12. How do I exclude myself from the Settlement?
13. If I exclude myself, can I receive any payment from this Settlement?
14. If I do not exclude myself, can I sue Defendant for the Data Security Incident later?
15. How do I object to the settlement?
16. How, when, and where will the Court decide whether to approve the Settlement?
17. Do I have to attend the hearing?
18. What happens if the Court approves the Settlement?
19. What happens if the Court does not approve the Settlement?
20. Who represents the Settlement Class?
21. How will the lawyers for the Settlement Class be paid?
22. Who represents Defendant in the Lawsuit?
23. What if I want further information or have questions?
Settlement Class Members are eligible to receive payment from a proposed Settlement of the Lawsuit. The court overseeing the Lawsuit pending in the Superior Court of California (County of Alameda) authorized the Notice to advise Settlement Class Members about the proposed Settlement that will affect their legal rights. The Notice explains certain legal rights and options Settlement Class Members have in connection with the Settlement.
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The Lawsuit is brought on behalf of certain individuals whose personal information was in the possession of the City of Oakland and who received notice from the City of Oakland that their personal information may have been accessed and exfiltrated by unauthorized individuals as part of the Data Security Incident. The affected information may have included without limitation full names, addresses, driver’s license numbers, medical information, city record information, city internal report information and Social Security numbers.
The Lawsuit claims Defendant is legally responsible for the Data Security Incident and asserts various legal claims, including negligence, breach of contract and breach of confidence. Defendant denies these claims and contends it did nothing wrong.
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In a class action, one or more representative plaintiffs bring a lawsuit on behalf of others who have similar claims. Together, all of these people are the “class” and each individually is a “class member.” There are five Representative Plaintiffs in this case: Hada Gonzalez, David Martinez, Ira Bradford, Tim De LaVega and Khaliq Harrison. The class in these cases is referred to as the “Settlement Class.”
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The Representative Plaintiffs in the Lawsuit, through their attorneys, investigated the facts and law relating to the issues in the Lawsuit. The Representative Plaintiffs and Class Counsel believe that the Settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class. The Court has not decided whether the Representative Plaintiffs’ claims or Defendant’s defenses have any merit, and it will not do so if the proposed Settlement is approved. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will receive compensation. The Settlement does not mean that Defendant did anything wrong, or that the Representative Plaintiffs and the Class would or would not win their case if it were to go to trial.
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The Settlement Class is defined by the Court and means all individuals within the United States (1) whose Personal Information was stored, possessed or controlled by Oakland and (2) who were notified by Oakland of the Data Security Incident. Excluded from the Settlement Class is any judge presiding over the Litigation and any members of their first-degree relatives, judicial staff, persons who timely and validly request exclusion from the Settlement Class and the following City of Oakland personnel: the Mayor, Councilmembers, City Attorney, and those Oakland City Attorney’s Office personnel who have already released any claims arising from the Data Security Incident.
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The proposed Settlement will provide Settlement benefits on a claims-made basis. This means each Settlement Class Member who submits an approved claim will receive a corresponding benefit from the Settlement. Defendant will pay the total amount of the approved claims. Administrative costs and attorneys’ fees shall be paid by the City of Oakland separately and in addition to the total amount of approved claims.
Settlement Class Members may make a Settlement Claim for: (i) Ordinary Losses, including lost time, (ii) Extraordinary Losses, and (iii) Credit Monitoring Services. Police Officer Settlement Class Members will receive a cash payment of $175.00 in addition to the above benefits and retain their right to reimbursement of relocation expenses under Cal. Penal Code § 832.9.
The Settlement also releases all claims or potential claims of Settlement Class Members against Defendant arising from or related to the Data Security Incident, as detailed in the Class Settlement Agreement and Release.
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Settlement Class Members who do not validly exclude themselves from the Settlement will be bound by the Class Settlement Agreement and Release and any final judgment entered by the Court, and will give up their right to sue Defendant for the claims being resolved by the Settlement, including all claims or potential claims of Settlement Class Members against Defendant arising from or related to the Data Security Incident.
The claims that Settlement Class Members are releasing are described in Section 1.38 of the Class Settlement Agreement and Release and the persons and entities being released from those claims are described in Section 1.39 of the Class Settlement Agreement and Release. Section 8 of the Class Settlement Agreement and Release explains when such releases will occur.
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If you are a Settlement Class Member, you do not have to do anything to remain in the Settlement. However, if you wish to seek an award under the settlement, you must complete and submit a Claim Form postmarked or submitted online by May 6, 2025.
If you do not want to give up your right to sue Defendant about the Data Security Incident or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class. See Question 12 for instructions on how to exclude yourself.
If you wish to object to the Settlement, you must remain a Settlement Class Member (i.e., you may not also exclude yourself from the Settlement Class by opting out) and submit a written objection. See Question 15 for instructions on how to submit an objection.
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If you do nothing, you will get no award from this Settlement. Unless you exclude yourself, after the Settlement is granted final approval and the judgment becomes final, you will be bound by the judgment and you will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant related to the claims released by the Settlement.
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You may complete the Claim Form online here. You may also obtain a paper Claim Form by downloading it here or by calling the claims administrator at 1-866-675-2919. If you choose to complete a paper Claim Form, you may either submit the completed and signed Claim Form and any supporting materials electronically at the Settlement Website or mail them to: Oakland Data Breach Settlement, c/o Claims Administrator, PO Box 25226, Santa Ana, CA 92799.
Your Claim Form must be submitted online or postmarked by April 6, 2025.
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The Claims Administrator will decide whether a Claim Form is complete and valid and includes all required documentation. The Claims Administrator may require additional information from any claimant. Failure to timely provide all required information will invalidate a claim and it will not be paid.
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To opt out of the Settlement, you must make a signed, written request that (i) says you wish to exclude yourself from the Settlement Class in this Lawsuit, and (ii) includes your name, address and phone number. You must mail your request to this address:
Oakland Data Breach Settlement—Opt-Outs
c/o Claims Administrator
PO Box 25226
Santa Ana, CA 92799
Your request must be postmarked by April 6, 2025.
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No. If you exclude yourself, you will not be entitled to any award. However, you will also not be bound by any judgment in the Lawsuit.
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No. Unless you exclude yourself, you give up any right to sue Defendant 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 requesting a payment.
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All Settlement Class Members who do not request exclusion from the Settlement Class have the right to object to the Settlement or any part of it. 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 it and any supporting papers must be submitted to the Court either by mailing to the Clerk of the Court or filing in person at any location of the Superior Court, County of Alameda that includes a facility for civil filings and also mailed to Settlement Class Counsel and Defendant’s Counsel, at the mailing addresses listed below. Your objection must be filed or postmarked no later than the objection deadline, April 6, 2025:
Court | Defendant’s Counsel | Settlement Class Counsel |
Clerk of Court | Marcus McCutcheon | Scott Edward Cole, Esq. |
To be considered by the Court, your objection must list the name of the Lawsuit pending in Alameda County: Gonzalez et al. v. City of Oakland, No 23CV031786, and include all of the following information: (i) your full name, address, telephone number, and e-mail address (if any); (ii) information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class (such as the notice you received from City of Oakland or the notice of this Settlement); (iii) a statement as to whether your objection applies only to yourself, to a specific subset of the Settlement Class, or to the entire Class; (iv) a clear and detailed written statement of the specific legal and factual bases for each and every objection, accompanied by any legal support for the objection you believe is applicable; (v) the identity of any counsel representing you; (vi) a statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying that counsel; (vii) a list of all persons who will be called to testify at the Final Approval Hearing in support of your objections and any documents to be presented or considered; and (viii) your signature and the signature of your duly authorized attorney or other duly authorized representative (if any).
If you submit a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.
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The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. That hearing is scheduled for June 3, 2025, at 2:30 p.m. in Department 21 of the Superior Court of California County of Alameda, 1221 Oak Street, Oakland, CA 94612. Please visit the Court’s website at https://www.alameda.courts.ca.gov/location/oakland-administration-building for current information regarding courthouse access and court hearings. At the Final Approval 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 properly requested to speak at the hearing. The Court may also consider Settlement Class Counsel’s request for attorneys’ fees and costs, and the request for service awards for the Representative Plaintiffs. After the hearing, the Court will decide whether to approve the Settlement.
It is possible the Court could reschedule the hearing to a different date or time without notice, so it is a good idea before the hearing to check this website or access the Court docket, through the Court’s Public Portal at https://eportal.alameda.courts.ca.gov to confirm the schedule if you wish to attend.
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No. You do not need to attend the hearing unless you object to the Settlement and wish to appear in person. It is not necessary to appear in person in order to make an objection; the Court will consider any written objections properly submitted according to the instructions in Question 20. You or your own lawyer are welcome to attend the hearing at your expense but are not required to do so.
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If the Court approves the Settlement and no appeal is taken, Defendant will deposit with the Claims Administrator sufficient funds to pay approved claims.
If any appeal is taken, it is possible the Settlement could be disapproved on appeal.
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If the Court does not approve the Settlement, there will be no Settlement payments to Settlement Class Members, Settlement Class Counsel or the Representative Plaintiffs, and the case will proceed as if no settlement had been attempted.
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The Court has appointed the following Class Counsel to represent the Settlement Class in this Lawsuit:
Scott Edward Cole, Esq.
COLE & VAN NOTE
555 12th Street, Suite 2100
Oakland, California 94607
(510) 891-9800
Settlement Class Members will not be charged for the services of Settlement Class Counsel; Settlement Class Counsel will be paid by Defendant, subject to Court approval. However, you may hire your own attorney at your own cost to advise you in this matter or represent you in making an objection or appearing at the Final Approval Hearing.
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Settlement Class Counsel will request the Court’s approval of an award for attorneys’ fees and costs up to $528,000.00. Settlement Class Counsel will also request approval of service awards of $2,000.00 to each of the Representative Plaintiffs (a total of $10,000.00).
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Defendant is represented by the following lawyers:
Marcus McCutcheon
BAKER & HOSTETLER LLP
600 Anton Blvd., Suite 900
Costa Mesa, CA 92626-7221
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This website and the Notice summarize the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Class Settlement Agreement and Release and other case specific documents, available in the Important Documents page of this website or by contacting Settlement Class Counsel at the phone number provided in response to Question 20.
The pleadings and other records in this litigation, including the Settlement Agreement, may be examined online on the Alameda County Superior Court’s website, at https://eportal.alameda.courts.ca.gov. After arriving at the website, click “Searches”, then the “Case Number Search” link, then enter 23CV031786 as the case number and click “SEARCH”. Images of every document filed in the case may be viewed through the “Register of Actions” at a minimal charge. You may also view images of every document filed in the case free of charge by using one of the computer terminal kiosks available at each court location that has a facility for civil filings.
PLEASE DO NOT TELEPHONE THE COURT OR DEFENDANT’S COUNSEL FOR INFORMATION REGARDING THIS SETTLEMENT OR THE CLAIM PROCESS!
Simpluris will act as the Claims Administrator for the Settlement. You can contact the Claims Administrator at:
Oakland Data Breach Settlement
c/o Claims Administrator
PO BOX 25226
Santa Ana, CA 92799
Please do not contact the Court or Defendant’s Counsel.
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