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Plaintiffs' Motion for Attorneys' Fees and Reimbursement of Class Counsel's Expenses

Declaration of John A. Yanchunis in Support of Motion for Attorneys' Fees and Litigation Expenses

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You must mail your objection(s) and/or notice of intent to appear at the Final Fairness Hearing so that it/they are postmarked no later than October 21, 2024.

Objection Date

You must complete and mail your opt-out request so that it is postmarked no later than October 21, 2024.

Opt-Out Date

You must submit your Claim Form online no later than October 21, 2024, or mail your completed paper Claim Form so that it is postmarked no later than October 21, 2024.

Claims Deadline

The Final Fairness Hearing is scheduled for November 19, 2024 at 10:00 a.m. Please check this website for updates.

Final Fairness Hearing

Gilbert et al. v BioPlus Specialty Pharmacy Services, LLC

This website is authorized by the Court, supervised by counsel to the Parties, and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case. Call &nbsp; (833) 933-9020Mail &nbsp;Gilbert Data Incident Settlement&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;c/o Kroll Settlement Administration LLC &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;P.O. Box 225391 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;New York, NY 10150-5391&nbsp;

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If You Were Notified Of A Data Incident Involving BioPlus Specialty Pharmacy Services, LLC In 2021, You May Be Eligible For Benefits From A Class Action Settlement.&nbsp;This is not a solicitation from a lawyer, junk mail, or an advertisement. A Court authorized this website.&nbsp;&nbsp;<ul style="list-style-type:square;"><li>A proposed settlement has been reached in a class action lawsuit, titled Gilbert et al. v. BioPlus Specialty Pharmacy Services, LLC, 6:21-cv-02158-RBD-DCI (“Action”), filed in the United States District Court for the Middle District of Florida.</li><li>This Action arises out of a cybersecurity incident involving BioPlus that occurred between October 25, 2021, and November 11, 2021 (the “Data Incident”). Plaintiffs allege that the Data Incident resulted in unauthorized access by a third party to data stored on BioPlus’s network, and that this included the personally identifiable information (“PII”) and protected health information (“PHI”) of BioPlus’s current and former patients. BioPlus disagrees with Plaintiffs’ claims and denies any wrongdoing.</li><li>The Settlement Class means all Persons whose personal information was impacted in the Data Incident. The Settlement Class specifically excludes: (i) BioPlus and its respective officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) the Judge and/or magistrate assigned to evaluate the fairness of this settlement; and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Data Incident or who pleads nolo contender to any such charge.</li><li>The Settlement Class is divided into two groups – those whose Social Security Numbers were impacted in the Data Incident (“SSN Class Members”), and those whose Social Security Numbers were not impacted in the Data Incident (“Non-SSN Class Members”). The available settlement benefits depend upon which group you are in.</li><li>SSN Class Members may submit a Claim Form for the following benefits from the settlement: (1) $50 cash payment, adjusted up or down depending upon the number of Claims approved, and (2) reimbursement for up to $7,500 for (a) documented out-of-pocket expenses, and (b) up to three (3) hours of lost time spent dealing with the Data Incident (at $25 per hour). You must submit a Claim Form to receive these benefits.</li><li>Non-SSN Class Members may submit a Claim Form for reimbursement for up to $750 for (a) documented out-of-pocket expenses and (b) reimbursement for up to two (2) hours of lost time spent dealing with the Data Incident (at $25 per hour). You must submit a Claim Form to receive these benefits.</li><li>Your legal rights are affected regardless of whether you do or do not act. Read this Settlement Website carefully.</li><li>The Court in charge of this case must still decide whether to approve the settlement, including Class Counsel’s request for attorneys’ fees and expense reimbursement. No settlement benefits will be provided until the Court approves the settlement and it becomes Final.</li></ul>&nbsp;<figure class="table"><table><tbody><tr><td style="border:1px solid hsl(0, 0%, 0%);">YOUR LEGAL RIGHTS &amp; OPTIONS IN THIS SETTLEMENT<figure class="table"><table style="border-color:hsl(0, 0%, 0%);border-style:solid;"><tbody><tr><td style="border:1px solid hsl(0, 0%, 0%);">Submit a&nbsp; Claim Form &nbsp;</td><td style="border:1px solid hsl(0, 0%, 0%);">You must submit a valid Claim Form to receive settlement benefits. Claim Forms must be submitted online by October 21, 2024, or, if mailed, postmarked no later than October 21, 2024. &nbsp;</td></tr><tr><td style="border:1px solid hsl(0, 0%, 0%);">Do Nothing</td><td style="border:1px solid hsl(0, 0%, 0%);">If you do nothing, you remain in the settlement.&nbsp; You give up your rights to sue and you will not get any money.</td></tr><tr><td style="border:1px solid hsl(0, 0%, 0%);">Exclude&nbsp; Yourself</td><td style="border:1px solid hsl(0, 0%, 0%);">Get out of the settlement. Get no money. Keep your rights.&nbsp; This is the only option that allows you to keep your right to sue about the claims in this Action. You will not receive any settlement benefits from the settlement.&nbsp; Your written intent to opt-out yourself must be postmarked no later than October 21, 2024.</td></tr><tr><td style="border:1px solid hsl(0, 0%, 0%);">File an Objection</td><td style="border:1px solid hsl(0, 0%, 0%);">Stay in the settlement but tell the Court why you think the settlement or Class Counsel’s request for attorneys’ fees should not be approved. Objections must be postmarked no later than October 21, 2024. You will still be bound by the settlement if the Court approves it.</td></tr><tr><td style="border:1px solid hsl(0, 0%, 0%);">Go to a&nbsp; Hearing</td><td style="border:1px solid hsl(0, 0%, 0%);">You can ask to speak in Court about the fairness of the settlement, at your own expense. See FAQ 18 for more details.&nbsp; The Final Fairness Hearing is scheduled for November 19, 2024.</td></tr></tbody></table></figure></td></tr></tbody></table></figure>

United States District Court for the Middle District of Florida Case No. 6:21-cv-02158-RBD-DCI

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Frequently Asked Questions

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Important documents

Documents

Important Dates

Objection Date

Opt-Out Date

Claims Deadline

Final Fairness Hearing

Important Dates

Objection Date

Opt-Out Date

Claims Deadline

Final Fairness Hearing