1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. How much will my payment be?
9. What claims am I releasing if I stay in the Settlement Class?
10. How do I submit a claim for a Settlement benefit?
11. What is the deadline for submitting a claim?
12. When will the Settlement benefits be issued?
13. Do I have a lawyer in the case?
14. Should I get my own lawyer?
15. How will Class Counsel be paid?
16. How do I opt out of the Settlement?
17. How do I tell the Court if I like or do not like the Settlement?
18. What is the difference between objecting and excluding?
19. When is the Court’s Final Approval Hearing?
20. Do I have to come to the Final Approval Hearing?
21. What happens if I do nothing at all?
22. How do I get more information?
The United States District Court for the Western District of Arkansas, Fort Smith Division, authorized this Notice because you have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options before the Court decides whether to grant final approval of the Settlement. This Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is captioned David Rodriguez, et al., v. Mena Hospital Commission d/b/a Mena Regional Health System, Case No. 2:23-cv-2002. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the entity they sued, Mena, is called the “Defendant.”
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This lawsuit alleges that private and sensitive information may have been impacted due to the unauthorized access to Defendant’s computer systems on or about November 8, 2022 (the “Data Incident”). The information included full names, dates of birth, social security number, driver’s license/government identification number, financial account information, medical record/patient numbers, medical diagnosis/treatment information, medical provider names, lab results, prescription information, and health insurance information.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all class members, except for those who opt out from a settlement. In this Settlement, the Class Representatives are David Rodriguez, Carl Schoolfield, Tanada Smith, individually and on behalf of her minor children A.S. and K.S., Jessica Smedley, individually and on behalf of her minor children C.S. and A.S., Daniel Smedley, and Chris Cant, and everyone included in this Action are the Class Members.
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The Court did not decide in favor of the Plaintiffs or the Defendant. Plaintiffs and the Defendant have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The Settlement Class includes all persons residing in the United States who were sent a Notice Letter notifying them that their Private Information was compromised in the Data Incident.
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Yes. Excluded from the Settlement Class are: (a) all persons who are employees, directors, officers, and agents of Mena Hospital Commission or Mena Regional Health System, the Judge assigned to the Action, and that Judge’s immediate family and Court staff.
If you are not sure whether you are included in the Settlement Class, you can ask for free help by emailing, calling or writing to the Settlement Administrator at:
Mena Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@MenaRegionalDataSettlement.com
1-833-244-7350
You may also view the Settlement Agreement here.
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Mena has agreed to establish a Settlement Fund of $500,000.00. The Settlement provides the following Settlement Benefits. You are not limited to one benefit. If you are eligible for both benefits, as described below, you may file a claim for each of them.
Pro Rata Cash Payment. After Out-of-Pocket Expense Claims, Service Awards, attorney’s fees and costs, and costs of administration have been paid, Class Members who file a valid, timely claim will receive a proportional pro rata payment of the remaining Settlement Fund. You are not required to provide any documentation or attestation to claim the cash payment.
Out-of-Pocket Expense Claims. Class Members can submit a Claim Form for reimbursement of documented out-of-pocket losses reasonably traceable to the Data Incident for up to $2,000.00 per individual. Out-of-Pocket Expense Claims include:
These out-of-pocket expenses must have been incurred on or after September 1, 2023, through the date you file your claim.
You must submit documentation, such as receipts, to verify the costs you incurred. You may submit “self-prepared” documents to add clarity or support to other submitted documentation, but self-prepared documents by themselves are insufficient to file a valid claim.
Lastly, you must attest under penalty of perjury that these out-of-pocket expenses resulted from dealing with the Data Incident.
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Payments will vary depending on the Settlement Benefits selected and, for Out-of-Pocket Expenses Claims, the supporting documentation provided.
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Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Release” section of the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available here.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download the Claim Form here and mail it to the Settlement Administrator at: Mena Data Incident Settlement, c/o Settlement Administrator, PO Box 25226, Santa Ana, CA 92799.
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, 1-833-244-7350, by email info@MenaRegionalDataSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online, you must do so by June 12, 2025. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, along with any supporting documentation, must be mailed so it is postmarked no later than June 12, 2025.
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The Court will hold a final approval hearing on August 11, 2025. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them.
Settlement benefits will be distributed if the Court grants final approval of the Settlement and after any appeals are resolved, or after the period to seek an appeal has expired.
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Yes, the Court appointed Bryan L. Bleichner of Chestnut Cambronne PA, and Danielle Perry of Mason LLP, to represent you and other members of the Settlement Class (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel will seek Court approval for attorneys’ fees not to exceed one-third of the Settlement Fund, $166,666.67, and costs of litigation not to exceed $25,000. Class Counsel will also ask the Court to approve Service Awards in the amount of $2,000.00 to each of the Class Representatives. These fees and costs, as well as the costs of administration, will be paid from the Settlement Fund.
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If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendant about the legal issues in this case, there are steps that you must take to exclude yourself from the Settlement Class. This is called requesting an exclusion from, or “opting out” of the Settlement Class. The deadline to submit a request for exclusion from the Settlement is May 13, 2025.
To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:
Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than May 13, 2025.
Mena Data Incident Settlement
ATTN: Exclusion Request
PO Box 25226,
Santa Ana, CA 92799
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.
You may only exclude yourself— not any other person.
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If you are a Class Member and do not like a portion or all of the Settlement, you can object to it, if you choose. You can give reasons why you think the Court should not approve it. The Court will consider your views.
For an objection to be considered by the Court, the objection must include:
To be timely, a written notice of an objection containing the above information must be filed with the Clerk of the Court, with copies served on Class Counsel and counsel for Mena, no later than May 13, 2025.
Clerk of the Court | Class Counsel | Counsel for Mena |
Ronald E. Dowling | Bryan L. Bleichner | Timothy J. Lowe |
Any Class Member who fails to comply with the requirements for objecting shall waive and forfeit any and all rights they may have to appear separately and/or to object to the Settlement and shall be bound by all the terms of the Settlement and by all proceedings, orders and judgments in the Litigation.
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval hearing on August 11, 2025, at 1:30 p.m. C.T., in the fifth-floor courtroom of the John Paul Hammerschmidt Federal Building at 35 East Mountain Street in Fayetteville, Arkansas 72701.
At the final approval hearing, the Court will consider whether to approve the Settlement, how much attorneys’ fees and costs to award to Class Counsel for representing the Settlement Class, and whether to award a Service Award to each of the Class Representatives who brought this Action on behalf of the Settlement Class. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your attorney may ask permission to speak at the hearing at your own cost (See Question 17).
The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time.
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If you are a Class Member and you do nothing, you will give up the rights described in Question 9, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties about the legal issues resolved by this Settlement. In addition, if you do nothing, you will not receive a benefit from this Settlement.
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This website and the Notice summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents page.
If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:
Mena Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@MenaRegionalDataSettlement.com
1-833-244-7350
Publicly filed documents can also be obtained by visiting the office of the Clerk of Court, Ronald E. Dowling, Judge Isaac C. Parker Federal Building, Room 1038, 30 South 6th Street, Fort Smith, Arkansas, 72901-2437.
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