Frequently Asked Questions

BASIC INFORMATION

1. WHY WAS a NOTICE ISSUED?

The Court authorized a notice because you have a right to know about the proposed settlement in this class action lawsuit and about all of your options before the Court decides whether to give “final approval” to the settlement. The notice explains the legal rights and options that you may exercise before the Court decides whether to approve the settlement.

This matter involves a lawsuit styled April Darrin, et al. v. Huntington Ingalls Industries, Case No. 4:23-cv-00053, pending in the United States District Court for the Eastern District of Virginia. The persons who sued are called the Plaintiffs. HII is called the Defendant.

2. WHAT IS THE LAWSUIT ABOUT?

The lawsuit claims that HII (“Defendant”) was responsible for the Security Incident and asserts claims for negligence, negligenceper se, breach of implied contract, breach of the implied covenant of good faith and fair dealing, violation of the New Mexico Unfair Practices Act (N.M. Stat. Ann. §§ 57-12-2, et seq.), and declaratory judgment. The lawsuit seeks compensation for people to whom HII sent notice of the Security Incident.

HII denies all of the Plaintiffs’ claims, and the Court has not determined that HII did anything wrong.

3. WHY IS THE LAWSUIT A CLASS ACTION?

In a class action, one person called the “Representative Plaintiff” sues on behalf of all people who have similar claims. All of these people together are the “Class” or “Class Members.” In this case, the Representative Plaintiffs are April Darrin, Kenneth Keeler, Cheryl Soles, Tyler Beadle, and Bruce Snyder. One Court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

4. WHY IS THERE A SETTLEMENT?

By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid and timely claims will get compensation. The Representative Plaintiffs and their attorneys believe the settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class and its members. The settlement does NOT mean that HII did anything wrong.

WHO IS IN THE SETTLEMENT?

5. HOW DO I KNOW IF I AM INCLUDED IN THE SETTLEMENT?

You are included in the Settlement Class if HII sent you notice of the Security Incident on or around August 19, 2022, or April 18, 2023.

Excluded from the Settlement Class are: (1) the Judge and Magistrate Judge presiding over the Lawsuits, any members of the Judges’ respective staffs, and immediate members of the Judges’ respective families; (2) officers, directors, members and shareholders of Defendant; (3) persons who timely and validly request exclusion from the Settlement Class and the successors and assigns of any such excluded persons; and (4) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity or occurrence of the Security Incident or who pleads nolo contendere to any such charge.

6. WHAT IF I AM NOT SURE WHETHER I AM INCLUDED IN THE SETTLEMENT?

If you are not sure whether you are included in the settlement, you may email info@HuntingtonDataSettlement.com with questions. You may also write with questions to Huntington Data Settlement, Claims Administrator, P.O. Box 25228, Santa Ana, CA 92799. Please do not contact the Court or HII with questions.

THE SETTLEMENT BENEFITS

7. WHAT DOES THE SETTLEMENT PROVIDE?

The settlement will provide two years of identity theft protection and credit monitoring services to all Settlement Class Members who choose to enroll by submitting a valid and timely claim for such services. The settlement will also provide cash payments to people who submit valid and timely claims.

There are four types of general payments that are available to Class Members:

1. Alternative Cash Payment. A cash payment of $75, subject to a pro rata (proportional) adjustment depending upon the number of valid claims filed. If Class Members choose this relief, they are not eligible for reimbursement for out-of-pocket losses or lost time (numbers 2 and 3 below).
2. Out-of-Pocket Losses. Reimbursement of up for $5,000.00 for out-of-pocket losses fairly traceable to the Security Incident and incurred on or after March 24, 2022, subject to a pro rata (proportional) adjustment depending upon the number of valid claims filed. Out-of-Pocket Losses may include, without limitation, the following: (1) the unreimbursed costs, expenses, losses, or charges incurred a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of the Settlement Class Member’s personal information; (2) costs associated with accessing or freezing/unfreezing credit reports with any credit reporting agency; (3) other miscellaneous expenses incurred related to any valid Out-of-Pocket Loss such as notary, fax, postage, copying, mileage, and long-distance telephone charges; and (4) credit monitoring or other mitigative costs incurred in response to the Security Incident.
3. Lost Time. Reimbursement for time spent remedying issues related to the Security Incident (up to 4 hours at $25/hr, for a total of $100), subject to a pro rata (proportional) adjustment depending upon the number of valid claims filed. Claims for Lost Time are subject to the $5,000 Out-of-Pocket Loss cap.

You must provide proof of your Settlement Class membership when filing a claim by providing the unique Notice ID and Confirmation Code on the notice you received by postcard. If for some reason you did not receive this information, but believe you are a Settlement Class Member, please call 866-610-9696 to verify your identity and receive further information on how to file a claim.

If you provide a bill or payment card statement as part of required proof for any part of your claim, you may redact or cover up unrelated transactions and all but the last four digits of any account number. In order to claim each type of payment, you must provide related documentation with the Claim Form, and the expense for which you are submitting a claim form cannot have been reimbursed through any other source.

HOW TO GET BENEFITS

8. HOW DO I GET BENEFITS?

To ask for a payment and request identity theft protection and credit monitoring services you must complete and submit a Claim Form. To submit an Online Claim Form, please click here. Paper versions of the Claim Forms are available for download here or you may request one be sent to you by mail by emailing info@HuntingtonDataSettlement.com. Read the instructions carefully, fill out the Claim Form, and submit it online or mail it postmarked no later than July 13, 2024 to:

9. HOW WILL CLAIMS BE DECIDED?

The Claims Administrator will decide in their professional judgment whether the information provided on a Claim Form is complete, timely, and valid. The Claims Administrator may require additional information from any claimant. If the required information is not timely provided, the claim will be considered invalid and will not be paid.

REMAINING IN THE SETTLEMENT

10. DO I NEED TO DO ANYTHING TO REMAIN IN THE SETTLEMENT?

You do not have to do anything to remain in the settlement, but if you want a payment and to request identity theft protection and credit monitoring services you must submit a Claim Form postmarked by July 13, 2024.

11. WHAT AM I GIVING UP AS PART OF THE SETTLEMENT?

If the settlement becomes final, you will give up your right to sue for the claims being resolved by this settlement. The specific claims you are giving up are described in Section 1.24 of the Settlement Agreement. You will be “releasing” HII and all related people or entities as described in Sections 1.23 and 1.25 of the Settlement Agreement. The Settlement Agreement is available, here.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to one of the attorneys listed in Question 15 for free or, you can, of course, talk to your own lawyer at your own expense if you have questions about what this means.

EXCLUDING YOURSELF FROM THE SETTLEMENT

12. IF I EXCLUDE MYSELF, CAN I GET A PAYMENT FROM THIS SETTLEMENT?

No. If you exclude yourself, you will not be entitled to any benefits of the settlement, but you will not be bound by any judgment in this case.

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

No. Unless you exclude yourself, you give up any right to sue 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 to ask for a payment or to request identity theft protection and credit monitoring services.

14. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?

To exclude yourself, send a letter that says you want to be excluded from the settlement in the lawsuit styled, April Darrin, et al. v. Huntington Ingalls Industries, Case No. 4:23-cv-00053, pending in the United States District Court for the Eastern District of Virginia. Include your name, address, personal signature, and a statement that you wish to be excluded from the settlement. Requests for exclusion must be personally signed and can only request exclusion for one Settlement Class Member. You must mail your Exclusion Request postmarked by June 28, 2024, to:

THE LAWYERS REPRESENTING YOU

15. DO I HAVE A LAWYER IN THIS CASE?

Yes. The Court appointed the following lawyers as “Class Counsel”: Gary Mason of Mason LLP, Scott Edward Cole of Cole & Van Note and Raina Borrelli of Turke & Strauss LLP.

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.

16. HOW WILL THE LAWYERS BE PAID?

Class Counsel will request the Court’s approval of an award for attorney’s fees of up to $241,642.50 and reasonable costs and expenses of up to $25,000. Class Counsel will also request approval of service awards of $5,000 for each of the five Representative Plaintiffs.

OBJECTING TO THE SETTLEMENT

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

You can object to the settlement if you do not like it or some part of it. The Court will consider your views. To do so, you must file a written objection in this case, April Darrin, et al. v. Huntington Ingalls Industries, Case No. 4:23-cv-00053, pending in the United States District Court for the Eastern District of Virginia, with the Clerk of the Court at the address below.

Your objection must include all of the following:

• the name and case number of this Litigation;
• your full name, address, telephone number, and e-mail address;
• a statement that you believe you are a Settlement Class Member and the basis for that belief;
• a written statement of all grounds for the objection, accompanied by any legal support for the objection that you believe is applicable;
• the identity of all counsel representing you, if any, in connection with your objection;
• a statement confirming whether you intend to personally appear and/or testify at the Final Fairness Hearing;
• a statement identifying all class action settlements you objected to in the previous 5 years; and
• your signature or the signature of your duly authorized attorney or other duly authorized representative, if any.

If you are represented by counsel and such counsel intends to speak at the Final Fairness Hearing, the written objection must also include the identity of witnesses whom you intend to call to testify at the Final Fair Hearing and a detailed description of any evidence you may offer at the Final Fairness Hearing, as well as copies of any exhibits you may introduce at the Final Fairness Hearing.

To be timely, your objection must be electronically filed with the Clerk of the Court no later than June 28, 2024, or mailed first-class postage prepaid to the Clerk of the Court for the United States District Court for the Eastern District of Virginia postmarked no later than June 28, 2024.

18. WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND ASKING TO BE EXCLUDED?

Objecting is telling the Court that you do not like the settlement and why you do not think it should be approved. You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not 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’S FAIRNESS HEARING

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

The Court will hold a Fairness Hearing at 11:30 a.m. in Newport News Courtroom 1 before District Judge Jamar K. Walker, on September 12, 2024, at the United States District Court for the Eastern District of Virginia, A United States Courthouse, 2400 West Avenue, Newport News, VA 23607 to 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 asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorney’s fees and reasonable costs and expenses, as well as the request for service awards for the Representative Plaintiffs. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website or call 866-610-9696.

20. DO I HAVE TO ATTEND THE HEARING?

No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time with the Court according to the instructions above, the Court will consider it.

21. MAY I SPEAK AT THE HEARING?

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must file an objection according to the instructions above, including all the information required therein. Your Objection must be filed with the Clerk of Court for the United States District Court for the Eastern District of Virginia by e-filing it or mailing it on or postmarked no later than June 28, 2024.

IF YOU DO NOTHING

22. WHAT HAPPENS IF I DO NOTHING?

If you do nothing, you will get no benefits from this settlement. Unless you exclude yourself, after the settlement is granted final approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit about the legal issues in this case ever again against HII or any related people or entities as described in Sections 1.23 and 1.25 of the Settlement Agreement. The Settlement Agreement is available here.

GETTING MORE INFORMATION

23. HOW DO I GET MORE INFORMATION?

The Notice summarizes the proposed settlement. More details are in a Settlement Agreement. You can get a copy of the Settlement Agreement here. You may also write with questions to the Huntington Data Settlement Claims Administrator, P.O. Box 25228, Santa Ana, CA 92799. You can also get a Claim Form at the website, or by emailing info@HuntingtonDataSettlement.com.