1. Why was the Notice issued?
2. What is this Action about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. How much will my cash payment be?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a Claim for a Settlement Class Member Benefit?
10. Are there any important Claim deadlines?
11. When will the Settlement Class Member Benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt-out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and opting out?
18. When and where will the Court decide whether to approve the Settlement?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The Superior Court for the County of Solano, California, authorized the Notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is captioned McCalmon v. Northbay Healthcare Corporation, Case No. CU24-03200, pending in the Superior Court for the County of Solano, California. The person that filed this lawsuit is called the “Plaintiff” (or “Class Representative”) and the entity he sued, Northbay Healthcare Corporation, is called the “Defendant.”
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This Action alleges that between January 11, 2024, and April 1, 2024, a targeted cyberattack was carried out on Northbay's computer systems, and certain files that contained Settlement Class members’ Private Information were accessed. These files may have contained personal information such as protected health information and personally identifiable information, like names and Social Security numbers.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Settlement Class” or “Settlement Class members.” One court resolves the lawsuit for all class members, except for those who opt out from the settlement. In this Settlement, the Class Representative is Michael McCalmon, and everyone included in this Action are the Settlement Class members.
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The Court did not decide whether the Plaintiff or the Defendant is right. Both sides have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Settlement Class members to receive Settlement Class Member Benefits from the Settlement. Plaintiff and his attorneys think the Settlement is best for all Settlement Class members.
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The Court has defined the Settlement Class this way: “all persons in the United States whose Private Information was compromised as a result of the Data Incident and who were sent notice of the Data Incident.”
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Yes. Excluded from the Settlement Class are: (a) all persons who are governing board members of the Defendant; (b) governmental entities; and (c) the Court, the Court’s immediate family, and Court staff, and (d) anyone who validly excludes themselves from the Settlement.
If you are not sure whether you are a Settlement Class member, you can ask for free help at any time by contacting the Settlement Administrator at:
Northbay Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25414
Santa Ana, CA 92799
1- 833-360-6806
info@NorthbayHealthcareSettlement.com
You may also view the Settlement Agreement here.
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Northbay will establish a Settlement Fund of $3,600,000. The Settlement Fund will first be used to pay court-approved attorneys’ fees and costs, a Service Award for the Class Representative, and Settlement Administration Costs. All of the remaining funds will be used to pay the Settlement Class Member Benefits described below.
You may claim Credit Monitoring services and either Cash Payment A or Cash Payment B.
Credit Monitoring Services. All Settlement Class members are eligible to receive three (3) years of Credit Monitoring services. This includes:
real time monitoring of the Settlement Class member’s credit file at a credit bureau;
dark web monitoring;
identity theft insurance coverage for up to $1,000,000; and
fully managed identity recovery services
Cash Payments. All Settlement Class members are eligible for a Cash Payment. If you may select only one Cash Payment, not both.
Cash Payment A – Documented Losses. If you incurred actual, documented out-of-pocket losses due to the Data Incident, you may file a claim for reimbursement. The maximum amount of this reimbursement is $4,000.00.
This benefit covers expenses like:
bank, credit card, and debit card fees;
overdraft, declined payment, and returned check fees;
cost to replace your driver’s license, Social Security number, or other types of identification;
long distance phone charges, cell phone charges (if charged by the minute), or data charges (if charged by the amount of data used);
fees for credit reports or credit monitoring; and
losses due to identity theft or fraud
You must submit documentation, such as receipts, to verify the costs you incurred. You may submit “self-prepared” documents to clarify or support other submitted documentation, but self-prepared documents by themselves are not sufficient to file a valid claim.
If you claim Cash Payment A, you may not also claim Cash Payment B.
Cash Payment B – Flat Cash Payment. If you did not incur documented losses as a result of the Data Incident you are still eligible for a one-time cash payment of $100.00, subject to pro rata increase or decrease depending upon the number of Valid Claims filed.
If you claim Cash Payment B, you may not also claim Cash Payment A.
If you have questions about these Settlement Class Member Benefits, you can ask for free help any time by contacting the Settlement Administrator at:
Northbay Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25414
Santa Ana, CA 92799
1- 833-360-6806
info@NorthbayHealthcareSettlement.com
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Unless you opt out of the Settlement, you won’t be able to sue, continue to sue, or be part of any other lawsuit against the Defendants about any of the legal claims this Settlement resolves. The “Releases” section of the Settlement Agreement (Section XIII) describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available here.
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The fastest way to submit your Claim Form is online. If you prefer, you can download the Claim Form and mail it to the Settlement Administrator at:
Northbay Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25414
Santa Ana, CA 92799
An electronic image of the completed Claim Form can also be submitted by email to info@NorthbayHealthcareSettlement.com.
If you are only submitting a claim for Credit Monitoring and/or Cash Payment B, you may also complete the Claim Form included in your Postcard Notice and mail the Claim Form to the Settlement Administrator at the above address.
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, 1-833-360-6806, by email info@NorthbayHealthcareSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online, you must do so by October 14, 2025. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than October 14, 2025.
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The Court will hold a Final Approval Hearing on October 29, 2025 (see FAQ 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed. Settlement payments will be distributed if the Court grants Final Approval, and after any appeals are resolved.
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Yes, the Court appointed attorneys Kenneth Grunfeld and Kristen Lake Cardoso of Kopelowitz Ostrow P.A. as Class Counsel to represent you and other Settlement Class members.
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the Court to approve attorneys’ fees of up to one-third of the Settlement Fund, plus reimbursement of costs, which will be paid from the Settlement Fund.
Class Counsel will also ask for a Service Award of $5,000.00 for the Class Representative. The Service Award will be paid from the Settlement Fund.
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If you do not want to be part of the Settlement, you must formally opt out of the Settlement. If you opt out, you will not receive any Settlement Class Member Benefits, but you will keep any rights you may have to sue Northbay on your own about the legal issues in this case.
If you opt out, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement Class Member Benefits if you opt out.
The deadline to opt out of the Settlement is September 30, 2025.
To be valid, your request to opt out of the Settlement must have the following information:
the name of the Action: McCalmon v. Northbay Healthcare Corporation, Case No. CU24-03200, pending in the Superior Court for the County of Solano, California;
your full name, mailing address, telephone number, and email address (if any);
personal signature; and
a statement indicating a request to be excluded from the Settlement Class.
You may only submit a request to opt out on your own behalf, not on behalf of any other person.
Mail your request to opt out of the Settlement to the Settlement Administrator at:
Northbay Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25414
Santa Ana, CA 92799
Your request to opt-out of the Settlement must be submitted, postmarked, or emailed by September 30, 2025.
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If you are a Settlement Class member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have opted out of the Settlement (see FAQ 15)
You must provide the following information for the Court to consider your objection:
the name of the Action: McCalmon v. Northbay Healthcare Corporation, Case No. CU24-03200, pending in the Superior Court for the County of Solano, California;
your full name, mailing address, telephone number, and email address (if any);
a clear description of all the reasons you object; include any legal support you may have for your objection;
if you have hired your own lawyer to represent you at the Final Approval Hearing, provide their name and telephone number;
whether or not you or your lawyer would like to speak at the Final Approval Hearing;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;
your signature (if you have hired your own lawyer, your lawyer’s signature is not sufficient).
For your objection to be valid, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by September 30, 2025. You must also send copies of the objection to Class Counsel and both counsel for Defendants.
Clerk of the Court | Class Counsel | Counsel for Defendants | Administrator |
Clerk of the Court | Kenneth Grunfeld | Starr Drum | Northbay Data |
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not opt out of the Settlement. Opting out of the Settlement is stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a Final Approval Hearing on October 29, 2025, at 8:30 a.m. Eastern, in Courtroom 1 of the Superior Court for the County of Solano, California, at Old Solano Courthouse, 580 Texas Street, Fairfield, CA 94533.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide how Class Counsel should be paid, and whether to award a Service Award to the Class Representative who brought this Action on behalf of the Settlement Class. The Court will also consider any objections to the Settlement.
If you are a Settlement Class member, you or your lawyer may ask permission to speak at the Final Approval Hearing at your own cost (See FAQ 16).
The date and time of the Final Approval Hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive any Settlement Class Member Benefits.
You will also give up the rights described in FAQ 8.
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This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available in the Important Documents section of this website.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
Northbay Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25414
Santa Ana, CA 92799
1- 833-360-6806
info@NorthbayHealthcareSettlement.com
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, Old Solano Courthouse, 580 Texas Street, Fairfield, CA 94533.
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