Frequently Asked Questions

BASIC INFORMATION

1. How do I know if I am affected by the Lawsuit and Settlement?

You are a Settlement Class Member if you were mailed written notification of the Data Security Incident by or on behalf of Sheffield.

The Settlement Class specifically excludes: The Sheffield Group, Inc. and Sheffield Risk Management Services, L.L.C., as well as their parents, subsidiaries, divisions, or affiliates, or their respective successors or predecessors, or any entity in which Defendants or their parents has a controlling interest, or any of their current or former officers and directors; any judge providing over the Lawsuit and members of their families; persons who properly execute and file a timely request for exclusion from the Settlement Class; persons whose claims in this matter have been finally adjudicated on the merits or otherwise released; Plaintiffs’ counsel and Defendants’ counsel; and the legal representatives, successors, and assigns of any such excluded persons.

The Notice explains the nature of the Lawsuit and claims being settled, your legal rights, and the benefits to the Settlement Class.

2. What is this case about?

This case is known as Sides, et al. v. The Sheffield Group, Inc., et al, No.: 01-CV-2024-900745.00 (“Lawsuit”), filed in the Circuit Court of Jefferson County, Alabama, Birmingham Division. The Persons who sued are called the “Plaintiffs” and the companies they sued, The Sheffield Group, Inc. and Sheffield Risk Management Services, L.L.C., are known as the “Defendants” in this case. The Sheffield Group, Inc. and Sheffield Risk Management Services, L.L.C. will be called “Defendants” in the Notice.

Plaintiffs filed a lawsuit against Defendants, individually, and on behalf of anyone whose Private Information was potentially impacted as a result of the Data Security Incident.

This Lawsuit arises out of an unauthorized access to Defendants’ systems and certain files containing personal information including, but not limited to, individuals’ names, Social Security Numbers, and information about their workers compensation claims with Sheffield Risk. After learning of the Data Security Incident, Defendants mailed notification to persons whose Private Information may have been impacted by the Data Security Incident on or about February 6, 2024. Subsequently, this Lawsuit was filed asserting claims against Defendants relating to the Data Security Incident.

Defendants deny any wrongdoing.

3. Why is there a Settlement?

By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. The Settlement Class Representatives, Defendants, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, in the best interests of Settlement Class Members. The Court did not decide in favor of the Plaintiffs or Defendants. Full details about the proposed Settlement are found in the Settlement Agreement available here.

4. Why is this a class action?

In a class action, one or more people called a “Class Representative” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class” or “Settlement Class Members.”

5. How do I know if I am included in the Settlement?

You are included in the Settlement if you are a Person residing in the United States to whom Sheffield mailed written notice of the Data Security Incident. If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the Settlement, call toll free (833) 285-3431, or write to Sides, et al. v. The Sheffield Group, Inc. et al., c/o Settlement Administrator, P.O. Box 25226 Santa Ana, CA 92799.

THE SETTLEMENT BENEFITS

6. What does this Settlement provide?

The proposed Settlement will provide the following benefits to Settlement Class Members:

Pro Rata Cash Compensation: In lieu of documented out-of-pocket expense reimbursement described below, all Settlement Class Members who submit a valid claim using the Claim Form are eligible for a pro rata cash payment. The amount of the pro rata cash payment is dependent on factors including the settlement funds remaining after certain payments. If you elect to receive this pro rata cash payment, you may not also receive reimbursement for out-of-pocket expenses.

The maximum amount to be paid by Defendants and their insurer is capped at no more than $650,000 for the payment of Approved Claims made under this Settlement, as well as for Settlement Administration Costs, Taxes and Tax-Related Expenses, Service Award Payments approved by the Court, and Fee Award and Costs approved by the Court.

Documented Out-of-Pocket Expense Reimbursement: All Settlement Class Members who submit a valid claim using the Claim Form are eligible for the following documented out-of-pocket expense reimbursement, not to exceed $5,000 per Settlement Class Member: (a) documented out-of-pocket expenses that were incurred as a result of the Data Security Incident, which may include: (i) bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage, or gasoline for local travel, (ii) fees for credit reports, credit monitoring, identity theft monitoring, or other identity theft insurance products purchased between April 21, 2023, and the close of the claims period.

This list of reimbursable documented out-of-pocket expenses is not meant to be exhaustive, rather it is exemplary. Settlement Class Members may make claims for any documented out-of-pocket losses reasonably related to the Data Security Incident or to mitigating the effects of the Data Security Incident. The Claims Administrator shall have discretion to determine whether any claimed loss is reasonably related to the Data Security Incident.

To receive reimbursement for any of the above-referenced documented ordinary loss expenses, Settlement Class Members must submit a valid and timely Claim Form, including necessary supporting documentation, to the Settlement Administrator.

7. How to submit a Claim Form

All Claim Forms will be reviewed by the Claims Administrator for completeness and plausibility. You must file a Claim Form to get money from the proposed Settlement. Claim Forms must be submitted online by February 4, 2025, or postmarked no later than February 4, 2025. You can download a Claim Form here, or you can call the Claims Administrator at (833) 285-3431for a Claim Form.

8. What am I giving up as part of the Settlement?

If you stay in the Settlement Class, you will be eligible to receive benefits, but you will not be able to sue Sheffield Group, Inc., Sheffield Risk Management Services, LLC, and the Sheffield Fund, as well as any and all of their respective present and former predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, as well as any and all of their respective past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, advisors, consultants, representatives, insurers, reinsurers, subrogees, and all their predecessors, successors, and assigns, in their individual and official capacities, both jointly and severally (“Released Persons”), regarding the Data Security Incident or claims in the Lawsuit.

The Settlement Agreement, which includes all provisions about settled claims, releases, and Released Persons, is available here.

The only way to keep the right to sue is to exclude yourself (see FAQ 10), otherwise you will be included in the Settlement Class, and, if the Settlement is approved, you give up the right to sue for the claims in this case.

9. Will the Settlement Class Representatives receive compensation?

Yes. If approved by the Court, the Settlement Class Representatives will each receive a Service award of up to $2,500, to compensate them for their services and efforts in bringing the Lawsuit. The Court will make the final decision as to the amount, if any, to be paid to the Settlement Class Representatives.

EXCLUDE YOURSELF

10. How do I exclude myself from the Settlement?

If you do not want to be included in the Settlement, you must send a timely written Opt-Out Request, stating your full name, address, and telephone number. Your Opt-Out Request must be personally signed by you and contain your original signature (or the original signature of a Person previously authorized by law, such as a trustee, guardian, or Person acting under power of attorney to act on your behalf with respect to a claim or right, such as those in the Lawsuit). Your request must also clearly manifest your intent to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement.

Your written Opt-Out Request must be postmarked no later than December 21, 2024 to:

Sides, et al. v. The Sheffield Group, Inc., et al.
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

If you exclude yourself, you will not be able to receive any cash benefit or reimbursement of documented out-of-pocket expenses from the Settlement, and you cannot object to the Settlement at the Final Approval Hearing. You will not be legally bound by anything that happens in the Lawsuit, and you will keep your right to sue Defendants on your own for the claims that this Settlement resolves.

11. If I do not exclude myself, can I sue later?

No. If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up the right to sue the Released Persons (listed in FAQ 8) for the claims this Settlement resolves.

12. What happens if I do nothing at all?

If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any money from the Settlement, you will not be able to start or proceed with a lawsuit or be part of any other lawsuit against the Released Persons (listed in FAQ 8) about the settled claims in this case at any time.

THE LAWYERS REPRESENTING YOU

13. Do I have a lawyer in the case?

Yes. The law firms of Pittman, Dutton, Hellums, Bradley & Mann, P.C., Mason LLP, and Stranch, Jennings & Garvey, PLLC (called “Settlement Class Counsel”) represent the interests of all Settlement Class Members in this case. 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.

14. How will the lawyers be paid?

Settlement Class Counsel will apply to the Court for an award of combined attorneys’ fees, costs, and expenses in an amount not to exceed $216,666.67. A copy of Settlement Class Counsel’s Motion for attorneys’ fees, costs, expenses, and Service Award for Settlement Class Representatives will be posted on this Settlement Website before the Final Approval Hearing. The Court will make the final decisions as to the amounts to be paid to Settlement Class Counsel and may award less than the amount requested by Settlement Class Counsel.

OBJECTING TO THE SETTLEMENT

15. How do I tell the Court that I do not like the Settlement?

If you want to tell the Court that you do not agree with the proposed Settlement or some part of it, you must file an Objection with the Court telling it why you do not think the Settlement should be approved.

Objections must be submitted in writing and include all the following information:

1. State the objecting Settlement Class Member’s full name, current address, telephone number, and email address (if any);

2. Contain the objecting Settlement Class Member’s original signature;

3. Set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the Settlement Class (e.g., copy of the Notice or copy of original notice of the Data Security Incident);

4. Set forth a statement of all grounds for the Objection, including any legal support for the Objection that the objector believes applicable;

5. Identify all counsel representing the objector;

6. State whether the objector and/or his or her counsel will appear at the Final Approval Hearing, and;

7. Contain the signature of the objector’s duly authorized attorney or other duly authorized representative (if any), along with documentation setting forth such representation.

Your Objection must be filed with the Clerk of Court and include the case name and docket number, Sides, et al. v. The Sheffield Group, Inc., et al., Civil Action No.: 01-cv-2024-900745.00 (“Lawsuit”), filed in Jefferson County, Alabama (the “Sheffield Action”) to be received no later than December 21, 2024 at:

Attn: Clerk of the Court, Circuit Court of Jefferson County, Alabama
716 Richard Arrington Jr Blvd North
Birmingham, Alabama 35203

In addition, you must concurrently mail or hand deliver a copy of your objection to Settlement Class Counsel and Defendants’ Counsel, postmarked no later than December 21, 2024:

1. Identify the attorney(s) representing the objector who will appear at the Final Approval Hearing;

2. Include each such attorney’s name, address, phone number, email address, state bar(s) to which counsel is admitted, as well as associated state bar numbers;

3. Include a list identifying all objections each counsel has filed to class action settlements in the past three (3) years, the results of each objection, any court opinions ruling on the objections, and any sanctions issued by a court in connection with objections filed by such attorney, and;

4. If the objecting Settlement Class Member intends to request permission from the Court to call witnesses at the Final Approval Hearing, the objecting Settlement Class Member must provide a list of any such witnesses together with a brief summary of each witness’s expected testimony at least thirty (30) days before the Final Approval Hearing.

If you do not submit your Objection with all requirements, or if your Objection is not received by December 21, 2024, you will be considered to have waived all Objections and will not be entitled to speak at the Final Approval Hearing.

16. What is the difference between objecting and asking to be excluded?

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

THE FINAL APPROVAL HEARING

17. When and where will the Court decide whether to approve the Settlement?

The Court will hold the Final Approval Hearing on January 15, 2025 in the Jefferson County Circuit Court before Judge Donald Blankenship at 716 Richard Arrington, Jr. Boulevard North, Birmingham, AL 35203, and may also be held virtually. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this website for updated information.

At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class Members, and if it should be finally approved. If there are valid Objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the award of attorneys’ fees, costs, and expenses to Settlement Class Counsel and the request for a Service award to the Settlement Class Representatives.

18. Do I have to come to the hearing?

No. You are not required to come to the Final Approval Hearing. However, you are welcome to attend the hearing at your own expense.

If you submit an Objection, you do not have to come to the hearing to talk about it. If your Objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but that is not necessary. However, you must follow the requirements for making objections in FAQ 15, including the requirements for making appearances at the hearing.

19. May I speak at the hearing?

Yes. You can speak at the Final Approval Hearing, but you must ask the Court for permission. To request permission to speak, you must file an Objection according to the instructions in FAQ 15, including all the information required for you to make an appearance at the hearing. You cannot speak at the hearing if you exclude yourself from the Settlement.

GET MORE INFORMATION

20. How do I get more information about the Settlement?

This is only a summary of the proposed Settlement. If you want additional information about this Lawsuit, including a copy of the Settlement Agreement, the Complaint, the Court’s Preliminary Approval Order, Settlement Class Counsel’s Motion for attorneys’ fees, costs, expenses, and Service award for Settlement Class Representatives, and more, please visit the Important Documents page of this website.