Migliaccio, et al. v. Parker Hannifin Corporation

The Court authorized this notice because you have a right to know about the settlement, and all of your options, before the Court decides whether to give “Final Approval” to the settlement. This notice explains the nature of the lawsuit that is the subject of the Settlement, the general terms of the settlement, and your legal rights and options.

Judge Dan Aaron Polster of the United States District Court for the Northern District of Ohio is overseeing this case captioned as Migliaccio v. Parker Hannifin Corporation, Case No. 1:22-cv-835. The people who brought the lawsuit are called the Plaintiffs. The company being sued, Parker-Hannifin Corporation, is called the Defendant.

The lawsuit claims that Defendant was responsible for the Data Incident and asserts claims such as: negligence; negligence per se; breach of implied contract; unjust enrichment; declaratory relief; violations of the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq.; violations of the Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq.; invasion of privacy under the California Constitution, Article I, Section 1; violations of the Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq.; and violations of the New York General Business Law § 349.

Defendant denies these claims and says it did not do anything wrong. No Court or other judicial entity has made any Judgment or other determination that Defendant has any liability on these claims or did anything wrong.

You are affected by the settlement and potentially a member of the Settlement Class if you reside in the United States and your Private Information was compromised in connection with the Data Incident, including if you were mailed a notification by or on behalf of Parker Hannifin on or around May 10, 2022 regarding the Data Incident.

Only Settlement Class Members are eligible to receive benefits under the settlement. Specifically excluded from the Settlement Class is Parker Hannifin and its officers and directors, all Settlement Class Members who timely and validly request exclusion from the Settlement Class, the judge assigned to evaluate the fairness of this settlement, and any other Person found by a Court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.

If you are not sure whether you are included in the settlement, you may call 1-833-630-4779 with questions. You may also write with questions to:

Migliaccio v. Parker Hannifin

c/o Kroll Settlement Administration LLC

PO Box 5324

New York, NY 10150-5324

[email protected]

The settlement provides that Defendant will fund the following payments up to a total of $1,750,000: (a) $25 per hour, up to a total of $100, for Settlement Class Members who attest that the time claimed was actually spent as a result of the Data Incident; (b) up to $5,000 for reimbursement of your documented out-of-pocket expenses reasonably traceable to the Data Incident; and (c) $250 for each verified and documented incident of fraud (included in the cap of $5,000 for unreimbursed expenses) that you incurred.

The settlement also provides that Settlement Class Members who were residents of the State of California at the time of the Data Incident are eligible for an additional benefit of $100 upon submitting a claim and attesting that they were a California resident at the time of the Data Incident.

After the distribution of attorneys’ fees, Class Counsel’s Litigation expenses, Administrative Fees, Service Awards, and settlement benefits to claimants, the Settlement Administrator will make a pro rata settlement payment of $50, subject to adjustment as set forth in the below paragraph, out of any remaining funds to each Class Member who submits a claim for this additional cash payment. No documentation or attestation is required.

The settlement benefits are also subject to pro rata reduction as needed in the event that the total claims exceed the $1,750,000 cap on payments to be made by Defendant, and payments may also be increased on a pro rata basis until the Settlement Fund is distributed. Payment of attorneys’ fees, costs and expenses (see Question 19) and the costs of notifying the Settlement Class and administering the settlement will also be paid out of the settlement.

Also as part of the settlement, Defendant either has undertaken or will undertake certain reasonable steps to further secure its systems and environments.

Settlement Class Members who submit a claim are eligible to receive:

a) Reimbursement of actual, documented, unreimbursed out-of-pocket expenses resulting from the Data Incident (up to $5,000 in total), such as:

• late fees, declined payment fees, overdraft fees, returned check fees, customer service fees, and/or card cancellation or replacement fees;

• late fees from transactions with third parties that were delayed due to fraud or card replacement;

• unauthorized charges on credit, debit or other payment cards that were not reimbursed;

• parking expenses or other transportation expenses for trips to a financial institution to address fraudulent charges or receive a replacement payment card;

• credit freeze fees, or credit monitoring costs that were incurred on or after March 11, 2022; and

• other expenses that are reasonably attributable to the Data Incident that were not reimbursed.

b) Compensation for time spent remedying issues related to the Data Incident, up to the amount of $100.

c) Compensation for verified and documented instances of fraud at $250 per occurrence, up to the amount of $5,000 in total.

d) Compensation of up to $100 for eligible California residents.

e) A potential residual cash payment of the Remainder Funds, which is estimated to be at $50 but may adjusted upward or downward based on how many other claims are made.

The deadline to submit an Exclusion has passed.

To exclude yourself, send a letter that says you want to be excluded from the settlement in Migliaccio v. Parker Hannifin Corporation, Case No. 1:22-cv-835 (N.D. Ohio). The letter must: (a) state your full name, address, and telephone number; (b) contain your personal and original signature or the original signature of a Person authorized by law to act on your behalf; and (c) state unequivocally your intent to be excluded from the settlement. If your request for exclusion covers a financial account or health insurance plan that includes co-signers or co-holders on the same account or plan, you shall be deemed to be properly completed and executed as to that financial account or insurance plan only if all co-signers or co-holders elect to and validly opt-out. You must mail your exclusion request postmarked by June 14, 2023, to:

Migliaccio v. Parker Hannifin

c/o Kroll Settlement Administration LLC

PO Box 5324

New York, NY 10150-5324

The deadline to submit an Objection has passed.

You can tell the Court that you do not agree with the settlement or some part of it by objecting to the settlement. The Court will consider your views in its decision whether to approve the settlement. The Court can only approve or deny the settlement and cannot change the terms. To object, you must mail your objection to the Clerk of the Court, Settlement Class Counsel and Defendant’s Counsel, at the mailing addresses listed below, postmarked by no later than the objection deadline, June 14, 2023:

Court

Clerk of the Court

Carl B. Stokes U.S. Courthouse 

801 W. Superior Avenue

Cleveland, OH 44113

Defendant’s Counsel

David Carney 

Baker & Hostetler, LLP

127 Public Square, Suite 2000

Cleveland, OH 44114

Settlement Class Counsel

Terence Coates 

Markovits, Stock, & DeMarco, LLC

119 East Court Street, Suite 530

Cincinnati, OH 45202

Settlement Class Counsel will ask the Court for an award for attorneys’ fees up to $583,333.33, plus Litigation expenses not to exceed $15,000. Defendant has agreed to pay any award of attorneys’ fees, costs and expenses up to those amounts, to the extent approved by the Court. This payment for Attorneys’ Fees will be made out of the Settlement Fund. Any such award would compensate Settlement Class Counsel for investigating the facts, litigating the case, and negotiating the settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis.

Class Counsel will also ask the Court for a service award up to $3,500 for each of the Class Representatives.

Any award for attorneys’ fees, costs and expenses for Class Counsel, and for service awards to the Class Representatives, must be approved by the Court. The Court may award less than the amounts requested. Class Counsel’s papers in support of Final Approval of the settlement will be filed no later than May 30, 2023, and their application for attorneys’ fees, costs and expenses, and service awards will be filed no later than May 30, 2023 and will be posted on the settlement website.