Culbertson v. Deloitte Consulting LLP

Case No. 1:20-cv-03962

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

UPDATE: April 15, 2022 - The Settlement Administrator anticipates that it will begin to issue settlement payments for valid claims on or around May 30, 2022. This assumes no appeals are filed.
ORDER: The Fairness Hearing scheduled for January 31, 2022 at 11:00AM and the Follow-up Hearing scheduled for February 15, 2022 at 4:00PM will proceed remotely by telephone. Parties are directed to dial into the Court\'s teleconference line at 888-251-2909 and use access code 2123101.

TO: All individuals in Illinois, Colorado, and Ohio who were notified by State Agencies between approximately May 18, 2020 and May 21, 2020 that personal information they submitted to their respective states in connection with pandemic-related unemployment claims may have been inadvertently exposed as a result of a data security incident.

A Class Action Settlement has been proposed in litigation against Deloitte Consulting LLP (“Deloitte Consulting”) relating to a potential data exposure that Illinois Department of Employment Security, Colorado Department of Labor and Employment, and Ohio Department of Job and Family Services (collectively “State Agencies”) disclosed between approximately May 18, 2020 and May 21, 2020 (“PUA Data Security Incident”). You are receiving the notice because you may be a “Settlement Class Member” entitled to benefits from a class action settlement. The easiest way to submit a claim under the settlement is online.

Under the terms of the Settlement, Deloitte Consulting has agreed to establish a nonreversionary fund of $4,950,000.00 that will be used to pay for the following forms of relief:

The Court still must decide whether to approve the settlement. No payments will be made until after the Court grants final approval of the settlement and all appeals, if any, are resolved. Your legal rights are affected whether you respond or not. Read the notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT DEADLINE

File a claim for out-of-pocket losses and lost time

You must submit a claim in order to receive reimbursement for Out-of-Pocket Losses and/or loss of time. You may claim Out-of-Pocket Losses, Documented Time and Attested Time under the Settlement.

For more detailed information, see FAQs 6, 8, and 10.

DATE
1/17/ 2022

Exclude yourself

You can exclude yourself from the Settlement by informing the Settlement Administrator that you want to “opt-out” of the Settlement. If the Settlement becomes final, this is the only option that allows you to retain your rights to separately sue Deloitte Consulting for claims related to the PUA Data Security Incident. If you opt-out, you may not make a claim for benefits under the Settlement as described in the Settlement Agreement.

For more detailed information, see FAQ 15.

DATE
1/3/2022

Object or comment on the settlement

You may object to the Settlement by writing to the Settlement Administrator and explaining why you don’t think the Settlement should be approved. If you object, you will remain a Settlement Class Member, and if the Settlement is approved, you will be eligible for the benefits of the Settlement and give up your right to sue on certain claims described in the Settlement Agreement.

For more detailed information, see FAQ 16.

DATE
1/3/2022

Do nothing

If you do nothing, you will not be eligible to receive reimbursement for Out-Of-Pocket Losses, Documented Time or Attested Time. If the Settlement becomes final, you will give up your rights to sue Deloitte separately relating to the Data Breach.

For more detailed information, see FAQ 12.

No deadline