Parsons v. Kimpton Hotel & Restaurant Group, LLC, Case No. 3:16-cv-05387-VC
The Court authorized that a notice be issued because Settlement Class Members have a right to know about the proposed Settlement in this class action lawsuit and about all of your options before the Court decides whether to give “final approval” to the Settlement. This website explains the legal rights and options that you may exercise before the Court decides whether to approve the Settlement.
Judge Vince G. Chhabria of the United States District Court for the Northern District of California is overseeing this case. The case is known as Parsons v. Kimpton Hotel & Restaurant Group, LLC, Case No. 3:16-cv-05387-VC. The person who sued is called the "Plaintiff." Kimpton is called the "Defendant."
To view a copy of the Notice, click here.Back To Top
The lawsuit claims that Kimpton was responsible for the Security Incident that occurred and asserts claims such as breach of implied contract, negligence, and unlawful and unfair conduct under the California Unfair Competition Law. The lawsuit seeks compensation for people who had losses as a result of the Security Incident.
Kimpton denies all of the Plaintiff’s claims and says it did not do anything wrong.Back To Top
In a class action, one or more people called “Representative Plaintiffs” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class” or “Settlement Class Members.” In this case, the Representative Plaintiff is Andrew Parsons. One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.Back To Top
By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will get compensation. The Class Representative and his attorneys believe the Settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class and its members. The Settlement does not mean that Kimpton did anything wrong.Back To Top
You are included in the Settlement Class if you reside in the United States and your payment card information was compromised as a result of the Security Incident.
Specifically excluded from the Settlement Class are:
The Settlement will provide payments to people who submit valid claims.
There are two types of payments that are available: (1) Expense Reimbursement (see FAQ 7) and (2) Extraordinary Expense Reimbursement (see FAQ 8). You may submit a claim for either or both types of payments. In order to claim each type of payment, you must describe each expense and how it related to the Security Incident. You may also provide related documentation (receipts, bank statements, etc.) with your Claim Form if they are available. The Claim Form includes examples of types of expenses you may have incurred and how to document them.Back To Top
Settlement Class Members are eligible to receive reimbursement of up to $250 (in total) for the following categories of out-of-pocket expenses resulting from the Security Incident:
Settlement Class Members who had other extraordinary unreimbursed monetary out-of-pocket losses as a result of the Security Incident are eligible to make a claim for reimbursement of up to $10,000. As part of the claim, the Settlement Class Member must show that:
More details are provided in the Settlement Agreement, which is available here.Back To Top
To ask for a payment, you must complete and submit a Claim Form. You can file a Claim Form online here, or you can file by U.S. Mail by downloading a paper copy here or by calling 1-855-789-0900 and requesting one be sent to you.
Read the instructions carefully, fill out the Claim Form, and mail it to the following address:
Kimpton Settlement Claims
P.O. Box 4079
Portland, OR 97208-4079
All Claim Forms must be submitted online or postmarked no later than August 22, 2019.Back To Top
The Settlement Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Settlement Administrator may require additional information from any claimant. If the required information is not provided timely, the claim will be considered invalid and will not be paid.
If the claim is complete and the Settlement Administrator denies the claim entirely or partially, the claimant will be provided an opportunity to have their claim reviewed by an impartial Claims Referee who has been appointed by the Court.Back To Top
You do not have to do anything to remain in the Settlement, but if you want a payment, you must submit a Claim Form online or postmarked by August 22, 2019.Back To Top
If the Settlement becomes Final, you will give up your right to sue Kimpton for the claims being resolved by this Settlement. The specific claims you are giving up against Kimpton are described in Section 1.21 of the Settlement Agreement. You will be “releasing” Kimpton and all related people or entities as described in Section 7 of the Settlement Agreement. The Settlement Agreement is available here.
The Settlement Agreement describes the Released Claims with specific descriptions, so read it carefully. If you have any questions, you can talk to the law firms listed in FAQ 16 for free, or you can, of course, talk to your own lawyer if you have questions about what this means at your own expense.Back To Top
No. If you exclude yourself, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this case.Back To Top
No. Unless you exclude yourself, you give up any right to sue Kimpton for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form to ask for a payment.Back To Top
To exclude yourself, send a letter that says you want to be excluded from the Settlement in Parsons v. Kimpton Hotel & Restaurant Group, LLC, Case No. 3:16-cv-05387-VC. Include your name, address, and signature. You must mail your Exclusion Request postmarked by June 8, 2019, to the following address:
Kimpton Settlement Exclusions
P.O. Box 4079
Portland, OR 97208-4079
You cannot exclude yourself by phone or on this website.Back To Top
Yes. The Court appointed the following lawyers as “Lead Counsel”: John A. Yanchunis of Morgan & Morgan Complex Litigation Group, 201 N. Franklin Street, 7th Floor, Tampa, FL 33602, and Michael Ram of Robins Kaplan, 2440 West El Camino Real, Suite 100, Mountain View, CA 94040. 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.Back To Top
Class Counsel will request the Court’s approval of an award for attorneys’ fees of up to $800,000, inclusive of reasonable costs and expenses. Class Counsel will also request approval of an incentive award of $5,000 for the Representative Plaintiff. Any amount that the Court awards for attorneys’ fees, costs, expenses, and an incentive award will be paid separately by Kimpton and will not reduce the amount of payments to Settlement Class Members who submit valid claims.Back To Top
You can object to the Settlement if you do not like it or some part of it. The Court will consider your views. To do so, you must file a written objection in this case, Parsons v. Kimpton Hotel & Restaurant Group, LLC, Case No. 3:16-cv-05387-VC, with the Clerk of the Court at the address below. This requirement may be excused upon a showing of good cause.
Your objection must state:
The Court will only require substantial compliance with the requirements for submitting an objection.
To be timely, your objection must be filed with the Clerk of the Court for the United States District Court for the Northern District of California no later than June 8, 2019. In addition, you may mail a copy of your objection to both Class Counsel and Defense Counsel, postmarked no later than June 8, 2019:
|Court||Lead Class Counsel||Defense Counsel|
|Clerk of the Court
United States District Court
450 Golden Gate Avenue
San Francisco, CA 94102
|John A. Yanchunis
Morgan & Morgan Complex
One Tampa City Center
201 N. Franklin Street
Tampa, FL 33602
|Douglas L. Shively
Baker & Hostetler LLP
127 Public Square
Cleveland, OH 44114
Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.Back To Top
The Court will hold a Final Fairness Hearing at 10:00 a.m. on July 11, 2019, at the United States District Court for the Northern District of California located at the San Francisco Courthouse, Courtroom 4 - 17th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. The hearing may be moved to a different date or time without additional notice, so it is a good idea to monitor this website or call 1-855-789-0900.
At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses, as well as the request for an incentive award for the Representative Plaintiff. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.Back To Top
No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer is welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in FAQ 18, the Court will consider it.Back To Top
You may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must file an objection according to the instructions in FAQ 18, including all the information required by items (v), (vi), and (vii). Your Objection must be filed with the Clerk of the Court for the United States District Court for the Northern District of California no later than June 8, 2019. In addition, you must mail a copy of your objection to both Class Counsel and Defense Counsel listed in FAQ 18, postmarked no later than June 8, 2019.Back To Top
If you do nothing, you will get no benefits from this Settlement. Unless you exclude yourself, after the Settlement is granted final approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Kimpton about the legal issues in this case, ever again.Back To Top
The Notice and this website summarize the proposed Settlement. More details are in a Settlement Agreement. You can get a copy of the Settlement Agreement here. You may also write with questions to Kimpton Settlement Administrator, P.O. Box 4079, Portland, OR 97208-4079. You can also get a Claim Form here, or by calling the toll-free number, 1-855-789-0900.
Do NOT contact Kimpton Hotels or the Court for more information.Back To Top