Frequently Asked Questions

BASIC INFORMATION

1. WHY IS THE NOTICE BEING PROVIDED?

The Court directed that the Notice be provided because you have a right to know about a proposed settlement that has been reached in this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Settlement Administrator appointed by the Court will distribute the benefits that the Settlement allows. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

The Court in charge of this case is the United States District Court for the Southern District of New York. The case is known as Jimenez Del Rosario v. Baldor Specialty Foods, Inc., 1:23-cv-03580 (S.D.N.Y.) (the “Action”). The people who filed the lawsuit are called Plaintiffs. The company sued (Baldor Special Foods, Inc.) is called the Defendant.

2. WHAT IS THIS LAWSUIT ABOUT?

Plaintiffs claim that Baldor was hacked on February 25, 2023 (the “Data Incident”). Plaintiffs claim that this hacking exposed the personal identifiable information (“PII”)—including the names, addresses, dates of birth, Social Security numbers, insurance and other benefits information—of Baldor’s current and former employees.

Baldor has denied and continues to deny all of the claims made in the Action, as well as all charges of wrongdoing or liability against them.

3. WHAT IS A CLASS ACTION?

In a class action, one or more people called Class Representatives (in this case, Eduardo Antonio Jimenez Del Rosario, Jayson Mercado, and Taneisha Lewis) sue on behalf of people who have similar claims, called Class Members. Together, all these people are called a Class. One Court resolves the issues for all Class Members, except for those who exclude themselves from the Settlement Class.

4. WHY IS THERE A SETTLEMENT?

The Court did not decide in favor of the Plaintiffs or the Defendant. Instead, the Plaintiffs negotiated a settlement with the Defendant that allows them to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Settlement Class Members to be compensated without further delay. The Class Representatives and their attorneys believe the Settlement is best for all Settlement Class Members.

WHO IS INCLUDED IN THE SETTLEMENT?

5. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?

You are part of this Settlement as a Settlement Class Member if you received notice from Baldor that your Private Information was potentially compromised in the Data Incident.

6. ARE THERE EXCEPTIONS TO BEING INCLUDED IN THE SETTLEMENT?

Yes. Excluded from the Settlement are: (1) the judge presiding over this Action, and members of their direct families; (2) the Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest and their current or former officers, directors, and employees; and (3) Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.

7. I AM STILL NOT SURE IF I AM INCLUDED.

If you are still not sure whether you are included, you can call 1-(877)-723-7126 or visit the Important Documents page for more information.

THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY

8. WHAT DOES THE SETTLEMENT PROVIDE?

The Settlement provides Settlement Class Members with their choice of:

• (1) three years of credit monitoring services, compensation for unreimbursed economic losses (up to $10,000), and compensation for lost time (up to 6 hours at $25 per hour, up to $150);
• OR (2) an estimated $100 cash payment.

Baldor has agreed to pay a total of $550,000 into a Settlement Fund. After deducting the costs of notice and settlement administration, Court-approved attorneys’ fees, costs and expenses, and Class Representative service awards, the net Settlement Fund will be used to pay Settlement Class Members who submit a valid Claim Form.

In the event that the aggregate amount of all Settlement Payments exceeds the total amount of the Net Settlement Fund after payment of Court-approved attorneys’ fees, Service Awards and Litigation Costs and Expenses, then all valid Credit Monitoring and Unreimbursed Economic Loss Claims shall be paid in full and then each valid Lost Time Claim and Alternative Cash Payment Claim shall be proportionately reduced on a pro rata basis. In the event that the aggregate amount of all Settlement Payments does not exceed the Net Settlement Fund, then each Settlement Class Member who is entitled to receive payment for an Unreimbursed Economic Loss Claim, a Lost Time Claim and/or an Alternative Cash Payment Claim shall receive additional funds increased on a pro rata basis (in other words, the same additional amount is added to each claimant’s payment) so that the Net Settlement Fund is depleted. In the event that settlement payments are increased on a pro rata basis, under no circumstances shall a Settlement Class member receive more than two times the value of their original valid claim.

9. TELL ME ABOUT THE CREDIT MONITORING SERVICES AND COMPENSATION.

Each Settlement Class Member who submits a valid Claim Form and opts to receive credit monitoring services will receive a three-year subscription to Cy-Ex, a Pango Company provided by Cy-Ex, a Pango Company (“Credit Monitoring Services”). The Cy-Ex, a Pango Company subscription will include (1) daily three-bureau credit monitoring, (2) identity restoration services, and (3) $1,000,000 in identity theft insurance.

In addition to Credit Monitoring Services, Settlement Class Members are eligible to receive compensation for unreimbursed economic losses and for lost time.

• Unreimbursed Economic Losses are out-of-pocket costs related to fraud and identity theft, the purchase of identity protection services, credit monitoring services, or ID theft insurance that are fairly traceable to the Data Incident and have not already been reimbursed by a third party. Settlement Class Members who submit a valid Claim Form with documentation, such as receipts, showing unreimbursed economic losses may receive up to $10,000.
• Lost Time is time spent remedying issues related to the Data Incident. Settlement Class Members who submit a valid Claim Form are eligible to receive up to 6 hours of lost time, at $25.00/hour (up to $150).

10. TELL ME ABOUT THE CASH OPTION

Each Settlement Class Member who submits a valid Claim Form and selects the cash option will receive an estimated $100 payment from the Settlement Fund. This cash option, also called an “Alternative Cash Payment,” may be selected instead of the credit monitoring and compensation described above. The amount of the Alternative Cash Payments will be increased or decreased on a pro rata basis depending upon the number of valid claims filed and the amount of funds available for these payments. This means that Settlement Class Members who select this option may receive more or less than the estimated $100.

HOW TO GET BENEFITS—SUBMITTING A CLAIM FORM

11. HOW DO I GET A SETTLEMENT BENEFIT?

To qualify for a settlement benefit, you must complete and submit a Claim Form by August 20, 2024. The Claim Forms can be filed HERE. Claim Forms are also available by calling 1-(877)-723-7126 or by writing to:

Baldor Data Breach Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958

12. WHEN WILL I GET MY SETTLEMENT BENEFIT?

The Court will hold a Final Fairness Hearing at 10:00 a.m. on August 20, 2024, to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether any appeals can be resolved favorably, and resolving them can take time, perhaps more than a year.

13. WHAT AM I GIVING UP TO GET A SETTLEMENT BENEFIT OR PARTICIPATE IN THE SETTLEMENT?

Unless you exclude yourself from the Settlement, you will release certain legal claims as they relate to the Settlement. This means that you will no longer be able to sue, continue to sue, or be part of any other lawsuit against Baldor and the Released Parties about the claims made in this Action and released by the Settlement Agreement. You will be legally bound by all of the Court’s orders, as well as the “Released Claims,” below.

14. WHAT ARE RELEASED CLAIMS

“Released Claims” mean any and all claims that either have been asserted or could have been asserted by any Settlement Class Member against any of the Released Parties (Baldor and each of its present and former parents, subsidiaries, divisions, affiliates, predecessors, successors, and assigns, Board of Trustees, and the present and former directors, officers, employees, agents, insurers, shareholders, attorneys, advisors, consultants, representatives, partners, joint venturers, independent contractors, wholesalers, resellers, distributors, retailers, and the predecessors, successors, and assigns of each of them as well as covered entities associated with the alleged data breach, and all persons acting for, by or through any of the foregoing, past or present, from all liabilities, rights, claims, actions, causes of action, demands, damages, penalties, costs, equitable relief (including, without limitation, declaratory and injunctive relief), restitution, disgorgement attorneys’ fees, losses, and remedies, whether known or unknown, existing or potential, suspected or unsuspected, liquidated or unliquidated, legal, statutory, or equitable, that result from, arise out of, are based upon, or relate to any release of Private Information from the Data Incident, and conduct that was alleged or could have been alleged in the Litigation, including, without limitation, any claims, actions, causes of action, demands, damages, penalties, losses, or remedies relating to, based upon, resulting from, or arising out of the potential unauthorized disclosure of Private Information from the Data Incident.

EXCLUDING YOURSELF FROM THE SETTLEMENT

15. HOW DO I GET OUT OF THE SETTLEMENT?

To exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from the Settlement in Jimenez Del Rosario, et al. v. Baldor Specialty Foods, Inc., 1:23-cv-03580 (S.D.N.Y.). Your letter must also include your full name, current address, signature, and a statement such as “Request for Exclusion” indicating you do not wish to participate in the Settlement or you want to opt-out of the Settlement. You must mail your exclusion request, postmarked no later than July 21, 2024, to:

Baldor Data Breach Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

16. IF I EXCLUDE MYSELF, CAN I STILL GET A BENEFIT FROM THE SETTLEMENT?

No. If you exclude yourself from the Settlement, do not send in a Claim Form to ask for a settlement benefit because you will no longer be eligible for one.

EXCLUDING YOURSELF FROM THE SETTLEMENT

17. IF I DO NOT EXCLUDE MYSELF, CAN I SUE DEFENDANT FOR THE SAME THING LATER?

No. If you stay in the Settlement (i.e., do nothing or do not exclude yourself from the Settlement), you give up any right to separately sue the Defendant for the claims released by the Settlement Agreement.

THE LAWYERS REPRESENTING YOU

18. DO I HAVE A LAWYER IN THIS CASE?

Yes. The Court appointed Raina Borrelli and Brittany Resch of Turke & Strauss LLP to represent you and other Settlement Class Members as Class Counsel. Class Counsel are experienced in handling similar cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

19. HOW WILL CLASS COUNSEL BE PAID?

If the Settlement is approved and becomes final, Class Counsel will ask the Court to award attorneys’ fees in the amount of $183,333.33, plus litigation expenses up to $10,000, as well as $5,000 Service Awards to each of the Class Representatives. If approved, these amounts, as well as the costs of notice and settlement administration, will be deducted from the Settlement Fund before making payments to Settlement Class Members who submit a valid Claim Form.

OBJECTING TO THE SETTLEMENT

20. HOW DO I TELL THE COURT THAT I DO NOT LIKE THE SETTLEMENT?

If you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision. To object, you must file a written objection with the Court by July 21, 2024.

• Your objection must include:
• The name of the case (Jimenez Del Rosario, et al. v. Baldor Specialty Foods, Inc., 1:23-cv-03580 (S.D.N.Y.));
• your full name, current address, and telephone number;
• the reasons why you object to the Settlement, including any documents supporting your objection and a description of whether the objection applies only to yourself, a subset of the Settlement Class, or the entire Settlement Class;
• the name and address of your attorney if you have retained one as well as a description of the attorney’s background and prior experience, the amount of anticipated fees and method of calculation, the attorney’s hourly rate, and the number of hours spent working;
• a statement indicating whether you or your attorney intend to appear at the Final Fairness Hearing;
• a description and/or copies of evidence that may be introduced at fairness hearing;
• a list of proceedings in which the Settlement Class Member has submitted an objection during the past five years; and
• your signature or the signature of your attorney.

Your objection must be mailed to the Clerk of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl St., New York, NY 10007-1312 by July 21, 2024.

21. WHAT’S THE DIFFERENECE BETWEEN OBJECTING AND OPTING OUT?

Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Class in this Settlement. If you exclude yourself from the Settlement, you have no basis to object or file a claim because the Settlement no longer applies to you.

THE COURT’S FAIRNESS HEARING

22. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

The Court will hold a Final Fairness Hearing at 2:30 p.m. on August 21, 2024, at the Daniel Patrick Moynihan United States Courthouse, Courtroom 14D, 500 Pearl St., New York, NY 10007-1312. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will take into consideration any properly-filed written objections and may also listen to people who have asked to speak at the hearing (see Question 20). The Court will also decide whether to approve payments of fees, expenses, and Service Awards.

23. DO I HAVE TO COME TO THE FAIRNESS HEARING?

No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.

24. MAY I SPEAK AT THE FINAL FAIRNESS HEARING?

Yes, you may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must follow the instructions provided in Question 20 above. You cannot speak at the hearing if you exclude yourself from the settlement.

IF YOU DO NOTHING

25. WHAT HAPPENS IF I DO NOTHING?

If you do nothing, you will not receive any benefits from this settlement. If the Court approves the settlement, you will be bound by the Settlement Agreement and Release. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant or the Released Parties about the issues resolved by this settlement and released by the Settlement Agreement.

GETTING MORE INFORMATION

26. HOW DO I GET MORE INFORMATION?

More details are in the Settlement Agreement, which is available here. You may also call 1-(877) 723-7126, or write to:

Baldor Data Breach Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799.

Please do not call the Court or the Clerk of the Court for additional information.
They cannot answer any questions regarding the Settlement or the Action.