You are a Settlement Class Member if you were notified by Activate or Everside that your Sensitive Personal Information was potentially impacted in the Data Incident.

The Settlement Class specifically excludes Defendants’ 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.

The 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 Sheffler v. Activate Healthcare, LLC et al., No. 1:23-cv-01206-SEB-TAB, filed in the United States District Court for the Southern District of Indiana (“Litigation”). The person who sued is called the “Plaintiff” and the companies they sued, Activate Healthcare, LLC (“Activate”) and Everside Health, LLC (“Everside”), are known as the “Defendants” in this case.
Plaintiff filed a lawsuit against Defendants, individually, and on behalf of anyone whose Sensitive Personal Information was potentially impacted as a result of the Data Incident.

This Litigation arises out of a Data Incident. Specifically, Plaintiff, alleges that an unauthorized third party accessed Defendants’ IT network in April 2023, resulting in the unauthorized third party’s potential access to personal information belonging to Plaintiff and Settlement Class Members, including but not limited to their name, date of birth, address, Social Security number, driver’s license number, and clinical information, such as provider name, date of service, and/or diagnosis.

Defendants deny all claims asserted against it in the Litigation and deny all allegations of wrongdoing and liability.

Plaintiff and Defendants are collectively referred to herein as the “Parties.”

By agreeing to settle, the Parties’ desire to settle the Litigation and all claims arising out of or related to the allegations or subject matter of the Third Amended Class Action Complaint and Litigation on the terms and conditions set forth herein for the purpose of avoiding the burden, expense, risk, and uncertainty of continuing to litigate the Litigation. The Class Representative, Defendants, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, in the best interests for Settlement Class Members. The Court did not decide in favor of the Plaintiff or Defendants. Full details about the proposed Settlement are found in the Settlement Agreement available in Important Case Documents.

In a class action, one or more people called a “Class Representative” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class” or “Settlement Class Members.”

You are included in the Settlement Class if you are an individual who was notified by Activate or Everside that your Sensitive Personal Information was potentially impacted in the Data Incident. If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the Settlement call toll free (877) 620-3628 or write to:

Activate & Everside Settlement
c/o Analytics Consulting LLC
PO Box 2010
Chanhassen MN 55317-2010
Email: ActiveEversideSettlement@noticeadministrator.com

The proposed Settlement will provide the following benefits to Settlement Class Members:

1. Reimbursement for Out-of-Pocket Losses: Settlement Class Members may submit a claim for up to $250 reimbursement of out-of-pocket losses. To receive Reimbursement for Out-of-Pocket Losses, a participating Settlement Class Member must submit a valid and timely Claim Form electing to receive this benefit and providing reasonable supporting documentation for the losses demonstrably incurred, more likely than not, as a result of the Data Incident.

   Out-of-Pocket Losses are unreimbursed losses and consequential expenses incurred as a direct result of the Data Incident, including, but not limited to, documented 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, gasoline for local travel, bank fees, and fees for credit reports, credit monitoring, or other identity theft insurance products purchased between June 23, 2023 and the date of the close of the Claims Period.

   Out-of-Pocket Losses must not have been previously reimbursed or subject to reimbursement by insurance or a third party and must be reasonably described, supported by reasonable documentation, and supported by an attestation under penalty of perjury, which will be a part of the Claim Form.

2. Pro Rata Cash Compensation: In addition to Reimbursement for Out-of-Pocket Losses, Settlement Class Members may submit a claim for a cash payment that is estimated to be approximately $50, subject to pro rata increase or decrease depending on the number of approved claims.

Claims will be subject to review for completeness and plausibility by the Settlement Administrator.

All Claim Forms will be reviewed by the Settlement Administrator for completeness and plausibility. You must file a Claim Form to get reimbursement and/or cash compensation from the Net Settlement Fund under the proposed Settlement. Claim Forms must be submitted online or postmarked no later than December 30, 2024. For more information, you can call the Settlement Administrator at (877) 620-3628 for a Claim Form.

The Settlement Agreement, which includes all provisions about Released Class Claims, releases, and Released Persons, is available at in Important Case Documents.

The only way to keep the right to sue is to exclude yourself (see Question 10), otherwise you will be included in the Settlement Class, and, if the Settlement is approved, you give up the right to sue for the claims in this case.

Yes. If approved by the Court, the Class Representative will receive a Service Award of up to $5,000, to recognize him for his efforts in the Litigation and on behalf of the Settlement Class. The Court will make the final decision as to the amount, if any, to be paid to the Class Representative.

Your written Opt-Out Request must be postmarked no later than November 29, 2024 to:

Activate & Everside Settlement
c/o Analytics Consulting LLC
PO Box 2010
Chanhassen MN 55317-2010

Instructions on how to submit an Opt-Out Request are available from the Settlement Administrator by calling (877) 620-3628.

If you exclude yourself you will not be able to receive any reimbursement or 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 Defendants on your own for the claims that this Settlement resolves.

No. If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up the right to sue the Released Persons (listed in Question 8) for the claims this Settlement resolves.

If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any reimbursement or cash payment from the Settlement, you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit against the Released Persons (listed in Question 8) about the settled claims in this case at any time.

Yes. The Court has appointed Carl Malmstrom of Wolf Haldenstein Adler Freeman & Herz LLC (called “Class Counsel”) to represent the interests of all Settlement Class Members in this case. You will not be charged for this lawyer’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will apply to the Court for reasonable attorneys’ fees not to exceed one-third of the net Settlement Fund excluding any administration costs. Class Counsel will also apply to the Court for reimbursement of all reasonable costs and expenses incurred in prosecuting the Litigation. A copy of Class Counsel’s Motion for Fee Awards, Costs and Expenses and Service Award for Class Representative will be posted on this Settlement Website in Important Case Documents before the Final Approval Hearing. The Court will make the final decisions as to the amounts to be paid to Class Counsel and may award less than the amount requested by Class Counsel.

To be valid, each Objection must:

1. state the Settlement Class Member’s full name, current address, and telephone number;
2. contain the Settlement Class Member’s original signature;
3. state that the Settlement Class Member objects to the Settlement, in whole or in part;
4. make a statement of the legal and factual basis for the Objection;
5. provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position;
6. provide a list of all persons who will be called to testify at the Final Approval Hearing in support of the Objection.

Objections should also provide the following information:

1. 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
2. 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 Court, the United States District Court for the Southern District of Indiana, through the Court’s ECF system and include the case name and docket number, Sheffler v. Activate Healthcare, LLC et al., No. 1:23-cv-01206-SEB-TAB, no than November 29, 2024.

In addition, you must concurrently mail or hand deliver a copy of your objection to Class Counsel and Defense Counsel, postmarked no later than November 29, 2024:

If you do not submit your Objection with all requirements, or if your Objection is not received by November 29. 2024, you will be considered to have waived all objections and will not be entitled to speak at the Final Approval Hearing.

Objecting is simply 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 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 Settlement no longer affects you.

The Court will hold the Final Approval Hearing on January 29, 2025 at 2:00 p.m. ET in Courtroom 216 of the United States District Court for the Southern District of Indiana, located at Birch Bayh Federal Building & U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana 46204. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this 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 Class Counsel’s request for attorneys’ fees, costs, and expenses, and the request for a Service Award to the Class Representative.

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.

Yes. You can speak at the Final Approval Hearing, but you must ask the Court for permission. To request permission to speak, you must file an Objection according to the instructions in Question 15, including all the information required for you to make an appearance at the hearing. You cannot speak at the hearing if you exclude yourself from the Settlement.

This is only a summary of the proposed Settlement. If you want additional information about this Litigation, including a copy of the Settlement Agreement, the Third Amended Class Action Complaint, the Court’s Preliminary Approval Order, Class Counsel’s Motion for Attorneys’ Fee Awards, Costs and Expenses when available, and Service Award for Class Representative, and more, please go to Important Case Documents or call (877) 620-3628. You may also contact the Settlement Administrator at:

Activate & Everside Settlement
c/o Analytics Consulting LLC
PO Box 2010
Chanhassen MN 55317-2010
Email: ActiveEversideSettlement@noticeadministrator.com

PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, DEFENDANTS, OR DEFENDANTS’ COUNSEL.