Gateway Rehab Data Breach

Plaintiffs filed this lawsuit against Defendant, individually, and on behalf of current and former patients of Defendant whose personal identifying information or protected information, including names, Social Security numbers, clinical information, and other medical or personal health information (“Personal Information”) was potentially impacted in the Data Security Incident.

Plaintiffs allege in June 2022, as a result of the Data Security Incident, there was an unauthorized disclosure of confidential Personal Information and protected health information. Plaintiffs brought this lawsuit against Defendant alleging that Defendant’s data security was negligent and otherwise violated the law, resulting in the Data Security Incident and that Plaintiffs were harmed as a result.

Defendant denies the legal claims and denies any wrongdoing or liability. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Defendant, or that any law has been violated. Instead, Plaintiffs and Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit.

In a class action, one or more people (called class representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt out) from the class. The Class Representatives in this lawsuit are Plaintiffs Melissa Masters, Candace Coast, Mark Asel, Joe Kennedy, John Lucarelli, Dylan Morris, and Christopher Ciccozzi.

Plaintiffs and Defendant do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of Plaintiffs or Defendant. Instead, Plaintiffs and Defendant have agreed to settle the lawsuit. The Class Representatives, Defendant, and their lawyers believe the Settlement is best for all Class Members because of the benefits available to Class Members and the risks and uncertainty associated with continuing the lawsuit.

You are a Class Member if you are a resident of the United States whose Personal Information was involved in the Data Security Incident. You may have been sent notice regarding the Data Security Incident in November 2022.

Yes. Excluded from the Settlement Class are:

1. the Judges presiding over the Action and members of their immediate families and their staff;
2. Gateway, its subsidiaries, parent companies, successors, predecessors, and any entity in which Gateway or its parents, have a controlling interest, and its current or former officers and directors;
3. natural persons who properly execute and submit a Request for Exclusion prior to the expiration of the Opt-Out Period; and
4. the successors or assigns of any such excluded natural person.

If you are still not sure whether you are a Class Member, you may go to the Important Documents page to view the Settlement Agreement or call the Settlement Administrator’s toll-free number at 1-844-588-0418.

If you are a Class Member and you submit a timely and valid Claim Form, you may be eligible to select ONE of the following benefits:

• Documented Loss Payment. If you submit a timely and valid Claim Form and provide supporting documentation showing that you spent money or incurred losses as a result of the Data Security Incident, you may be eligible for reimbursement up to $2,500. If the total amount of Documented Loss payment Claims submitted by Class Members is more than $80,000, then the Documented Loss payment will be reduced and paid proportionally for each Class Member.

  To receive a Documented Loss payment, you must submit

  1. a timely and valid Claim Form electing to receive the Documented Loss payment benefit;
  2. an attestation (a legal term meaning a sworn statement on the Claim Form) regarding any actual and unreimbursed Documented Loss made under penalty of perjury; and
  3. Reasonable Documentation that shows the Documented Loss should be reimbursed according to the terms of the Settlement.

  Examples of Reasonable Documentation include (but are not limited to):

  1. credit card statements;
  2. bank statements;
  3. invoices;
  4. telephone records; and
  5. receipts - “self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support other submitted documentation.

  If you don’t submit Reasonable Documentation, or if your claim is rejected by the Settlement Administrator for any claim deficiencies, and you fail to cure your claim, your claim for Documented Loss will be rejected and the Settlement Administrator may award a Cash Fund Payment instead.

  OR

• Cash Fund Payment. If you submit a timely and valid Claim Form to receive a pro rata (a legal term meaning an equal share) Settlement Payment in cash. The actual amount paid to each Class Member who submits a timely and valid Claim Form for a Cash Fund Payment will be determined after the Claims Deadline has passed and the attorneys’ Fee Award and Costs, Service Awards, Administrative Expenses, and total amount of Documented Loss Payments and Credit Monitoring payments have been provided.

  OR

• Credit Monitoring. If you submit a timely and valid Claim Form you may choose to receive 12 months of free three-bureau identity-theft protection with up to $1 million in identity theft insurance. Credit Monitoring is available regardless of whether you took advantage of any previous offer of credit monitoring from the Defendant. If you previously enrolled in the credit monitoring services offered by Defendant or if you obtained credit monitoring services from another provider as a result of the Data Security Incident, you can postpone activation of the Credit Monitoring settlement benefit for up to 12 months.

Unless you exclude yourself (opt out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders and any judgments will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

Section 3 of the Settlement Agreement describes the Released Claims and the Release, in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available here. For questions regarding the Release or Released Claims and what the language in the Settlement Agreement means, you can also contact Class Counsel listed in FAQ 14 for free, or you can talk to your own lawyer at your own expense.

You must submit a timely and valid Claim Form for any of the Settlement Benefits described in FAQ 7. Your Claim Form must be submitted online here by March 9, 2025, or printed from the Important Documents page of this Website and mailed to the Settlement Administrator at the address on the form, postmarked by March 9, 2025. Claim Forms are also available by calling 1-844-588-0418 or by writing to:

Gateway Data Breach
Settlement Administrator
P.O. Box 2729
Portland, OR 97208-2729

If you change your mailing address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to:

Gateway Data Breach
Settlement Administrator
P.O. Box 2729
Portland, OR 97208-2729

If you file a timely and valid Claim Form, Settlement Benefits will be provided by the Settlement Administrator after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check the Home page for updates.

Yes, the Court has appointed Jonathan Shub, Benjamin F. Johns, and Samantha Holbrook of Shub & Johns LLP; Gary F. Lynch, Nicholas A. Colella, and Patrick Donathen of Lynch Carpenter LLC; Gary Mason and Danielle Perry of Mason LLP; Gary Klinger and David Lietz of Milberg, Coleman, Bryson, Phillips, Grossman, PLLC; Brian Gudmundson of Zimmerman Reed LLP; Charles E. Schaffer of Levin, Sedran, Berman LLP; Jeffrey S. Goldenberg of Goldenberg Schneider, LPA and Scott Cole of Cole & Van Note as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.

Class Counsel will file a motion asking the Court to award the attorneys’ Fee Award and Costs of up to 35% of the $775,000 Settlement Fund. Class Counsel will also ask the Court to approve Service Awards for the Class Representatives of up to $2,500 each for their efforts in achieving the Settlement. If awarded by the Court, the attorneys’ Fee Award and Costs, and the Service Awards will be paid from the Settlement Fund. The Court may award less than these amounts.

Class Counsel’s application for the attorneys’ Fee Award and Costs and the Service Awards will be made available under the Important Documents page of this website.

If you are a Class Member and want to keep any right you may have to sue or continue to sue the Released Parties on your own based about the legal claims in this lawsuit or released by the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from—or “opting out” of—the Settlement.

To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes the following:

• The case name: In re Gateway Rehabilitation Center, Data Breach Litigation, Case No. GD-22-014713;
• Your name, address, telephone number, and UniqueID;
• The name of the lawyer representing you (if any);
• Your physical signature; and
• A clear statement that you want to be excluded from the Settlement Class, such as “I hereby request to be excluded from the Settlement Class in In re Gateway Rehabilitation Center, Data Breach Litigation, Case No. GD-22-014713.”

The exclusion request must be mailed to the Settlement Administrator at the following address, and be postmarked or received by February 7, 2025:

Gateway Data Breach
Settlement Administrator
P.O. Box 2729
Portland, OR 97208-2729

You cannot opt out (exclude yourself) by telephone or by email.

“Mass” or “class” requests for exclusion filed by third parties on behalf of a “mass” or “class” of Class Members or multiple Class Members where the opt out hasn’t been signed by each and every individual Class Member will not be allowed.

No. If you opt out, you will not be entitled to receive any Settlement Benefits, but you will not be bound by the Settlement or any judgment in this lawsuit. You can only get Settlement Benefits if you stay in the Settlement and submit a timely and valid Claim Form.

No. Unless you opt out, you give up any right to sue any of the Released Parties for the legal claims this Settlement resolves and Releases relating to the Data Security Incident. You must opt out of this lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Class Member, you can tell the Court you do not agree with all or any part of the Settlement.

To object, you must file timely written notice as provided below no later than February 7, 2025, stating you object to the Settlement in In re Gateway Rehabilitation Center, Data Breach Litigation, Case No. GD-22-014713.

The objection must also include all of the following additional information:

1. Your full name, address, and telephone number;
2. The case name and docket number - In re Gateway Rehabilitation Center, Data Breach Litigation, Case No. GD-22-014713;
3. A written statement that you believe yourself to be a member of the Settlement Class;
4. Proof that you are a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Breach);
5. The specific factual and legal grounds for the objection;
6. Whether the objection is an objection to the Settlement in part or in whole;
7. Whether the objection applies only to you as the objector, a subset of the Settlement Class, or the entire Settlement Class;
8. The identity of any and all lawyers representing you in connection with the objection (if any);
9. A list, including case name, court, and docket number, of all other cases in which you and/or your lawyer has filed an objection to any proposed class action settlement in the past five (5) years;
10. All documents or writings you want the Court to consider;
11. A statement regarding whether you or your lawyer (if any) intends to appear at the Final Approval Hearing; and
12. Your signature or the signature of your duly authorized lawyer or representative (if any).

To be timely, written notice of an objection including all of the information above must be filed with the Court in person at the Courthouse or by mail and with Class Counsel and the Settlement Administrator by February 7, 2025, at the following addresses:

If you fail to comply with the requirements for objecting detailed above, you waive and forfeit any and all rights you may have to appear separately and/or to object to the Settlement and you will be bound by all the terms of the Settlement and by all proceedings, orders and judgments in the lawsuit.

Objecting is simply telling the Court you do not like something about the Settlement or the requested attorneys’ Fee Award and Costs. You can object only if you stay in the Settlement Class (meaning you do not opt out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opt out, you cannot object to the Settlement.

The Court will hold a Final Approval Hearing on March 10, 2025, at 9:00 a.m. before the Honorable Judge Alan D. Hertzberg at the Court of Common Pleas of Allegheny County, Pennsylvania Courthouse, Allegheny County Court of Common Pleas, 414 Grant Street, 816 City-County Building, Pittsburg, PA 15219. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s application for the attorneys’ Fee Award and Costs, and the Service Awards to the Class Representatives.

If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you would like to speak at the hearing, the Court will also listen to you or your lawyer speak at the hearing, if you so request.

Note: The date and time of the Final Approval Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via Zoom or telephonically. You should check the Home Page to confirm the date of the Final Approval Hearing has not changed.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you file written objection on time, the Court will consider it.

Yes, as long as you do not exclude yourself (opt out) and you file a timely written objection requesting to speak at the hearing, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the hearing, you must follow all of the procedures for objecting to the Settlement listed in FAQ 18 above—and specifically include a statement whether you and your counsel will appear at the Final Approval Hearing.

If you are a Class Member and you do nothing, you will not receive any Settlement Benefits, and you will give up rights explained in FAQ 16, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties about the legal issues in this lawsuit that are released by the Settlement relating to the Data Security Incident

Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available under the Important Documents page of this website. You may also get additional information by calling toll-free 1-844-588-0418, or by writing to:

Gateway Data Breach
Settlement Administrator
P.O. Box 2729
Portland, OR 97208-2729

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS SETTLEMENT.