Frequently Asked Questions

BASIC INFORMATION
1. Why was this Notice issued?

A federal court authorized this Notice because you have the right to know about the proposed Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

The Honorable Cormac J. Carney of the United States District Court for the Central District of California, Southern Division is overseeing this class action. The case is known as In Re Ambry Genetics Data Breach Litigation, Case No. 8:20-cv-00791 (the “Action”). The people who filed this lawsuit are called the “Plaintiffs” and the companies they sued, Ambry Genetics Corporation and Realm IDX, Inc. f/k/a Konica Minolta Precision Medicine, Inc., are all called the “Defendants.”

2. What is this lawsuit about?

On or about April 15, 2020, Ambry announced that in January 2020, an unauthorized user potentially accessed the names, dates of birth, health insurance information, medical information, and for some patients, Social Security Numbers, diagnosis information, and other personally identifiable information/protected health information of approximately 225,370 Ambry patients (the “Data Breach”).

The Plaintiffs claim that Ambry failed to adequately protect their personal information and that they were injured as a result. Ambry denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that the law has been violated. Ambry denies these and all other claims made in the Action. By entering into the Settlement, Ambry is not admitting that it did anything wrong.

3. Why is this a class action?

In a class action, one or more people called the Class Representatives sue on behalf of all people who have similar claims. Together all of these people are called a Class or Class Members. One court resolves the issues for all Class Members, except for those Class Members who exclude themselves from the Class.

The Class Representatives in this case are Alma Fidela Cercas, Kaitlyn Nakagoshi, Michele Pascoe, Colette Domingues, Marion Farrier, Rosemary O’Hara, Michael Annoni, Lisa Neumann, Cheryl Terrano, Sandra Brodsky, Ariann Tagioli, Debra Volk, Beth Velardi, Rachel Harkness, Benjamin Cooperson II, Laura Jasielum, Debera Hensley, Linda Stewart, Ann Hoekstra, Rula Kanawati, Elizabeth Nakagoshi, individually and as parent and guardian of E.N., Jill Barduca, Jonee Coleman, Debora Pancoast and Nicole McMurphy.

4. Why is there a Settlement?

The Class Representatives and the Defendants do not agree about the propriety of the claims made in this Action. The Action has not gone to trial and the Court has not decided in favor of the Class Representatives or the Defendants. Instead, the Class Representatives and Ambry have agreed to settle the Action. The Class Representatives and the attorneys for the Class (“Class Counsel”) believe the Settlement is best for all Class Members because of the risks and uncertainty associated with continued litigation and the nature of the defenses raised by the Defendants.

WHO IS INCLUDED IN THE SETTLEMENT?
5. How do I know if I am part of the Settlement?

If you received a postcard Notice of this Settlement, you have been identified by the Settlement Administrator as a Class Member. More specifically, you are a Class Member, and you are affected by this Settlement, if you are one of the approximately 225,370 patients identified on the Settlement Class List, whose PHI and PII was allegedly contained in an employee’s compromised email account in the Data Breach.

6. Are there exceptions to being included in the Settlement?

Yes, the Settlement does not include: the Defendants, any entity in which the Defendants have a controlling interest, and the Defendants’ officers, directors, legal representatives, successors, subsidiaries, and assigns; any judge, justice, or judicial officer presiding over this matter and the members of their immediate families and judicial staff; and any individual who timely and validly requests to be excluded from the Settlement Class.

7. What if I am still not sure whether I am part of the Settlement?

If you are still not sure whether you are a Class Member, you may review this Settlement website further, or call the Settlement Administrator’s toll-free number at 1-866-606-5647.

THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY
8. What does the Settlement provide?

The Settlement will provide Class Members with the following benefits:

  • Credit Monitoring and Identity Theft Insurance Services;
  • Cash Payment for reimbursement of Out-of-Pocket Costs;
  • Cash Payment for Documented Time or Default Time;
  • Additional Cash Payment to members of the California Settlement Subclass and Illinois Settlement Subclass; and
  • Certain remedial measures and enhanced security measures that Ambry will or has taken as a result of this Action.
9. Tell me more about the Credit Monitoring and Identity Theft Insurance Services.

Credit Monitoring and Identity Theft Insurance Services provides a way to help protect yourself from unauthorized use of your personal information. If you already have credit monitoring services, you may still sign up for this additional protection. The Credit Monitoring and Identity Theft Insurance Services provided by this Settlement are separate from, and in addition to, the credit monitoring and identity resolution services offered by Ambry in 2020. If you are a Class Member, you are eligible to make a claim for the Credit Monitoring and Identity Theft Insurance Services being offered through this Settlement even if didn’t sign up for the previous services.

Credit Monitoring and Identity Theft Insurance Services are being provided by Pango Group who offer Identity Defense. The service being offered to Settlement Class Members is Identity Defense Total + Pango Group’s latest “next generation” Identity and Privacy monitoring Service. These Credit Monitoring and Identity Theft Insurance Services include at least three years of the following:

  • Up to $1 Million Dollars reimbursement insurance for certain eligible losses and fraud related expenses from AIG covering losses due to identity theft, stolen funds, etc.;
  • Three bureau credit monitoring providing alerts regarding certain changes to the Participating Settlement Class Member’s credit profile including new credit accounts, negative account changes, new collection accounts, reported address changes, and near-real-time alerts for credit inquiries;
  • Authentication alerts when someone attempts to make a change to the Participating Settlement Class Member’s personal account information within the covered network;
  • Monthly Credit Score;
  • High Risk Transaction Monitoring and Alerts provide notice of high-risk transactions including but not limited to account takeovers, wire transfers, tax refunds, payday loan applications, and cell service applications;
  • Bank Account Monitoring;
  • Dark Web Monitoring that will provide notification if the Participating Settlement Class Member’s registered information such as Social Security number, credit card numbers, financial account numbers, health insurance number, passport number, or email address are found on the Dark Web;
  • Best in Class Customer support and victim assistance provided by Pango;
  • Security Freeze Action Links to Credit, Specialty Finance, Closed Checking and Savings Account and Utility Bureaus;
  • Lost Wallet Protection; and
  • Threat Alerts & Insights which provide information about different types of threats to your identity and personal finances as well as advice on and examples of ways to protect yourself streamed directly to the members dashboard.

More information about the Credit Monitoring and Identity Theft Insurance Services being provided Pango Group through this Settlement is available at https://app.identitydefense.com/information/ambgen.

10. Tell me more about the Cash Payments for reimbursement of Out-of-Pocket Costs.

If you are a Class Member and spent money remedying or addressing identity theft and fraud that was fairly traceable to the Data Breach, or spent money to protect yourself from future harm because of the Data Breach, you may make a claim for reimbursement of up to $10,000 in Out-of-Pocket Costs.

Out-of-Pocket Costs consist of unreimbursed losses or expenditures that a Settlement Class Member actually incurred, including, but not limited to, unreimbursed losses and consequential expenses (including credit-related costs related to purchasing credit reports, credit monitoring, or identity theft protection; costs to place a freeze or alert on credit reports; costs incurred retrieving medical records; and costs to replace a driver’s license, state identification card, or social security number) that are fairly traceable to the Data Breach and incurred on or after January 22, 2020. Other losses or expenditures fairly traceable to the Data Breach may also be eligible for reimbursement.

11. Tell me more about Cash Payments for Documented Time.

If you are a Class Member and spent time remedying or addressing issues fairly traceable to the Data Breach, including time spent on any identity fraud, theft, or other fraud; purchasing credit reports, credit monitoring or identity theft protection; placing a freeze or alert on credit reports; reviewing medical or other records that may have been compromised by, resulted from, or affected by fraud; and replacing a driver’s license, state identification card, or social security number, you may qualify for a cash payment of $30 per hour for up to ten hours of time (up to $300).

To receive a Documented Time payment, you will be required to state the actual time spent remedying issues fairly traceable to the Data Breach, swear that the information you are providing is “true and accurate under penalty of perjury,” and provide Reasonable Documentation that demonstrates the time spent. Reasonable Documentation may include medical records, credit card statements, bank statements, invoices, utility bills, telephone records, and receipts.

Payments may be reduced pro rata depending on the number of Class Members that participate in the Settlement.

12. Tell me more about Cash Payments for Default Time.

If you are a Class Member and spent time remedying or addressing issues fairly traceable to the Data Breach and you do not make a claim for Documented Time, you may instead qualify for a cash payment of $30 per hour for three hours of time (up to $90). This is referred to as the “Default Time.”

You are not required to provide Reasonable Documentation with your Claim Form to receive a Default Time payment. If you file a Claim Form for Documented Time and it is rejected by the Settlement Administrator and you do not correct it, your claim for Documented Time will instead be considered a claim for Default Time. If you are a member of the California Settlement Subclass or Illinois Settlement Subclass and you cash or deposit your Subclass Payment, you will automatically receive a payment for Default Time, unless you submit a claim for Documented Time and it is approved.

Payments may be reduced pro rata depending on the number of Class Members that participate in the Settlement. In the event that payments for Default Time would be less than $5, the funds for Default Time Payments will instead be used to extend the Credit Monitoring and Identity Theft Insurance Services provided to all Participating Settlement Class Members.

13. Tell me more about Ambry’s remedial measures and enhanced security measures.

As a result of the Action, Ambry provided notice to Class Members of the Data Breach, including offering one year of credit monitoring services; complete investigation into the cause and scope of the Data Breach; additional security-related measures to ensure continued compliance with state and federal authorities; enhancing policies, procedures, and training to staff on how to appropriately manage PHI; continuing annual security-awareness training and individual training to certain employees and individuals handling PHI; enhancing restrictions in the company to access to PHI, and continuing to require that Ambry’s Chief Compliance Officer or the Chief Compliance Officer’s delegate(s) approve employee access to PHI by employee type and/or by employee; instituting prominent red-flag warnings for emails that come from an external source; enhanced security applications, by replacing old applications and adding additional security systems; and retaining vendors that ensure Ambry meets all SOC 2-certification requirements, perform third-party risk assessments, penetration testing, and phish-testing emails to all employees.

14. What is the total value of the Settlement?

The Settlement provides a $12,250,000 Settlement Fund, significant remedial actions taken by Defendants for the benefit of the Class and an estimated $1,621,852.67 for every approximately 2,254 Class Members who submit a valid claim for Credit Monitoring and Identity Theft Insurance Services (but before excluding the cost of the Credit Monitoring and Identity Theft Insurance Services). Therefore, if approximately 9,014 Class Members submit a valid claim for Credit Monitoring and Identity Theft Insurance Services, the total value of the Settlement is at least $20 million (but before excluding the cost of the Credit Monitoring and Identity Theft Insurance Services). Any court-approved attorneys’ fees, costs and expenses, service awards to the named Plaintiffs, taxes due on any interest earned by the Settlement Fund, if necessary, and any notice and settlement administration expenses (capped at $349,000) will be paid out of the Settlement Fund, the balance (“Net Settlement Fund”) will be used to pay for the above benefits.

15. What am I giving up to receive a Settlement payment or stay in the Class?

Unless you exclude yourself, you are choosing to remain in the Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against Defendants and related parties about the legal issues in this Action, resolved by this Settlement and released by the Class Action Settlement Agreement and Release. The specific rights you are giving up are called Released Claims (see next question).

16. What are the Released Claims?

In exchange for the Settlement, Class Members agree to release Defendants and their respective predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, representatives, insurers, reinsurers, subrogees and assigns of any of the foregoing, as well as Plaintiffs and Class Counsel (“Released Parties”) from any and all claims or causes of action of every kind and description, including any causes of action in law, claims in equity, complaints, suits or petitions, and any allegations of wrongdoing, demands for legal, equitable or administrative relief (including, but not limited to, any claims for injunction, rescission, reformation, restitution, disgorgement, constructive trust, declaratory relief, compensatory damages, consequential damages, penalties, exemplary damages, punitive damages, attorneys’ fees, costs, interest or expenses) that the Releasing Parties had or have (including, but not limited to, assigned claims and any and all “Unknown Claims” as defined below) that have been or could have been asserted against any of the Released Parties and related to, arising out of, or connected with the Action, based on one or more of the same factual predicates as the Action, in any court, tribunal, forum or proceeding, regardless of whether the claims or causes of action are based on federal, state, or local law, statute, ordinance, regulation, contract, common law, or any other source.

The Release Claims do not include claims against the cyber attackers who committed the criminal acts involved in the Data Breach and persons or entities that intentionally misuse the Personal Information stolen in the Data Breach for unlawful purposes).

More information is provided in the Class Action Settlement Agreement and Release available here.

HOW TO GET SETTLEMENT BENEFITS—SUBMITTING A CLAIM FORM
17. How do I make a claim for Settlement Benefits?

You must complete and submit a Claim Form by February 7, 2023. Claim Forms may be submitted online here, printed from the website and mailed to the Settlement Administrator at the address on the form, or by returning the Notice that you may have received by mail at your home. If you are a member of the California Settlement Subclass or Illinois Settlement Subclass, you may also cash or deposit a check for the Subclass Payment to automatically receive a Default Time Payment (unless you submit a claim for Documented Time, which is approved).

Claim Forms are also available by writing to info@AmbryBreachSettlement.com or In re Ambry Genetics Data Breach Litigation, P.O. Box 25142, Santa Ana, CA 92799. The quickest way to file a claim is online. If you received a Notice by mail, use your Claim Number to file your Claim Form. If you lost or do not know your Claim Number, please email info@AmbryBreachSettlement.com to obtain it.

You may file a claim for Credit Monitoring and Identity Theft Insurance Services, Out-of-Pocket Costs, and Documented Time or Default Time. You may also submit Reasonable Documentation to show you are a member of the California Settlement Subclass or Illinois Settlement Subclass.

18. How do I make a claim for Credit Monitoring and Identity Theft Insurance Services?

If you received a Notice in the mail, you may use the Claim Form provided to file a claim for Credit Monitoring and Identity Theft Insurance Services and a cash payment for Default Time. Simply provide your email address (optional), tear the Claim Form at the perforation and place it in the mail on or before February 7, 2023. If you prefer not to provide your email address on the tear-away Claim Form mailed to you, you may instead submit a Claim Form online or download and mail a Claim Form to the Settlement Administrator.

Instructions for filling out a claim for Credit Monitoring and Identity Theft Insurance Services are included on the Claim Form. You may access the Claim Form and view a video on how to file a claim on this website.

The deadline to file a claim for Credit Monitoring and Identity Theft Insurance Services is February 7, 2023.

19. How do I make a claim for a cash payment for reimbursement of my Out-of-Pocket Costs?

To file a claim for a cash payment of up to $10,000 for reimbursement of Out-of-Pockets Costs, you must submit a valid Claim Form electing to receive a payment for Out-of-Pockets Costs. The Claim Form requires that you sign the attestation regarding the information you provided and that you include Reasonable Documentation, such as medical records, credit card statements, bank statements, invoices, utility bills, telephone records, and receipts.

Instructions for filling out a claim for Out-of-Pocket Costs are included on the Claim Form. You may access the Claim Form and view a video on how to file a claim on this website.

The deadline to file a claim for Out-of-Pocket Costs is February 7, 2023.

20. How do I make a claim for a cash payment for Documented Time?

To file a claim for cash payment of up to $300 for Documented Time spent remedying or addressing issues fairly traceable to the Data Breach, you must submit a valid Claim Form electing to receive a payment for Documented Time. The Claim Form requires that you sign the attestation regarding the information you provided and that you include Reasonable Documentation, such as medical records, credit card statements, bank statements, invoices, utility bills, telephone records, and receipts.

Instructions for filling out a claim for Documented Time or Default Time are included on the Claim Form. You may access the Claim Form and view a video on how to file a claim on this website.

The deadline to file a claim for Documented Time is February 7, 2023.

You may file a claim for Documented Time in addition to claims for Credit Monitoring and Identity Theft Insurance Services, Out-of-Pocket Costs, and, for members of the California Settlement Subclass or Illinois Settlement Subclass, a Subclass Payment, but you cannot make a claim for both Documented Time and Default Time.

If your claim for Documented Time is rejected by the Settlement Administrator and you do not correct it, your claim for Documented Time will instead be considered a claim for Default Time.

21. How do I make a claim for a cash payment for Default Time?

If you received a Notice in the mail, you may use the Claim Form provided to file a claim for a cash payment for Default Time and Credit Monitoring and Identity Theft Insurance Services. To file a claim for cash payment of up to $90 for Default Time spent remedying or addressing issues fairly traceable to the Data Breach, simply tear the Claim Form at the perforation and place it in the mail on or before February 7, 2023. If you wish to receive your payment via electronically instead of by check, simply provide your email address (optional). If you prefer not to provide your email address on the tear-away Claim Form mailed to you, you may instead submit a Claim Form online or download and mail a Claim Form to the Settlement Administrator.

Instructions for filling out a claim for Default Time are included on the Claim Form. You may access the Claim Form and view a video on how to file a claim on this website.

The deadline to file a claim for Default Time is February 7, 2023.

You may file a claim for Default Time in addition to claims for Credit Monitoring and Identity Theft Insurance Services, Out-of-Pocket Costs, and, for members of the California Settlement Subclass or Illinois Settlement Subclass, a Subclass Payment, but you cannot make a claim for both Documented Time and Default Time.

If you are a member of the California Settlement Subclass or Illinois Settlement Subclass, you may also cash or deposit a check for the Subclass Payment to automatically receive a Default Time Payment (unless you submit a claim for Documented Time, which is approved).

22. How do I receive a Subclass Payment?

Members of the California Settlement Subclass or Illinois Settlement Subclass, are eligible to receive an additional cash payment of up to $150 from the Subclass Payment Settlement Fund for the claims brought under the California Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq., and the Illinois Genetic Information Privacy Act, 410 Ill. Comp. Stat. Ann. 513/15, respectively (“Subclass Payment”). A Subclass Payment will automatically be mailed to all members of the California Settlement Subclass and Illinois Settlement Subclass, regardless of whether the Settlement Class Member submits a valid Claim Form, as long as they were a California or Illinois citizen or resident as reflected on the Settlement Class List. Class Members who were a citizen or resident of California or Illinois sometime between January 22, 2017 and October 5, 2022, but whose address in the Settlement Class List does not indicate they were a California or Illinois citizen or resident, may submit a Claim Form attesting that they believe they are a member of the California Settlement Subclass or Illinois Settlement Subclass and provide Reasonable Documentation, such as medical records, credit card statements, bank statements, invoices, utility bills, telephone records, or receipts, demonstrating they were a resident or citizen of California or Illinois between January 22, 2017 and October 5, 2022, in order to receive a Subclass Payment. Instructions for Settlement Class Members who wish to provide Reasonable Documentation demonstrating they were a California citizen or resident during the Settlement Class Period are found on the Claim Form. You may access the Claim Form and view a video on how to file a claim on this website.

Instructions for Settlement Class Members who wish to provide Reasonable Documentation demonstrating they were a California citizen or resident during the Settlement Class Period are found on the Claim Form. You may access the Claim Form and view a video on how to file a claim on this website.

A Settlement Class Member may not receive more than one Subclass Payment, even if they were both a citizen or resident of California and Illinois during the Settlement Class Period.

The deadline to provide Reasonable Documentation demonstrating the Class Member was a California citizen or resident during the Settlement Class Period is February 7, 2023.

In addition to receiving a Subclass Payment, members of the California Settlement Subclass and Illinois Settlement Subclass may file a claim for Credit Monitoring and Identity Theft Insurance Services, Out-of-Pocket Costs, and either a payment for Documented Time or Default Time.

The act of cashing or depositing a check for a Subclass Payment constitutes a representation by the Participating Settlement Class Member that they expended time in addressing, attempting to remedy, or remedying issues fairly traceable to the Data Breach, and they will be considered to have submitted a claim to receive a Default Time Payment, unless you elect to receive a Documented Time Payment, which is approved by the Settlement Administrator.

23. What happens if my contact information changes after I submit a claim?

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to:

In re Ambry Genetics Data Breach Litigation

P.O. Box 25142

Santa Ana, CA 92799

info@AmbryBreachSettlement.com

You may also log into the Address Update Form on this website using your Claim Number to provide your updated contact information.

24. When and how will I receive the benefits I claim from the Settlement?

If you make a valid claim for Credit Monitoring and Identity Theft Insurance Services, the Settlement Administrator will send you information on how to activate your services after the Settlement becomes final. If you received a notice in the mail, keep it in a safe place as you will need the unique Claim Number provided on the Notice to activate your Credit Monitoring and Identity Theft Insurance Services at the Pango Group website.

Checks for valid claims for Out-of-Pocket Costs, Documented Time, and Default Time will be provided by the Settlement Administrator via mail and electronic payment after the Settlement is approved and becomes final. Subclass Payment checks will be mailed first.

The approval process may take longer than one year. Please be patient and check this website for updates.

25. What happens if money remains after all of the Settlement Claims are paid?

None of the money in the $12,250,000 Settlement Fund will be paid back to Defendants. Any money left in the Settlement Fund after 120 days after the distribution of payments to Class Members will be evenly distributed among all Class Members with approved claims who cash or deposit their initial check, as long as the average check amount is $5 or more. If there is not enough money to provide qualifying Class Members with an additional $5 payment, the remaining funds will be distributed to a non-profit organization, or “Non-Profit Residual Recipient.” The Non-Profit Residual Recipient is the Electronic Frontier Foundation, a 26 U.S.C. 501(c)(3) non-profit organization.

If the average additional check amount is greater than $500 for each qualifying Class Member, the Court will determine how to disburse these remaining funds.

THE LAWYERS REPRESENTING YOU
26. Do I have a lawyer in this case?

Yes, the Court has appointed Daniel S. Robinson of Robinson Calcagnie, Inc., Tina Wolfson of Ahdoot & Wolfson, PC and Jean Martin of Morgan & Morgan Complex Litigation Group, as Class Counsel to represent you and the Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this Action.

27. How will Class Counsel be paid?

Class Counsel will file a motion asking the Court to award them attorneys’ fees of up to $4,900,000 and for reimbursement of costs and expenses. They will also ask the Court to approve $2,500 service awards to each of the 25 Class Representatives for participating in this Action and for their efforts in achieving the Settlement. If awarded, these amounts will be deducted from the Settlement Fund before making payments to Class Members. The Court may award less than these amounts.

Class Counsel’s application for attorneys’ fees, expenses, and service awards will be made available on this website before the deadline for you to comment or object to the Settlement. You can request a copy of the application by contacting the Settlement Administrator at In re Ambry Genetics Data Breach Litigation, P.O. Box 25142, Santa Ana, CA 92799.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you are a Class Member and want to keep any right you may have to sue or continue to sue the Defendants on your own based on the claims raised in this Action or released by the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from – or “opting out” of – the Settlement.

28. How do I get out of the Settlement?

To exclude yourself from the Settlement, you must complete and sign a Request for Exclusion. The Request for Exclusion must be in writing and identify the case name In re Ambry Genetics Data Breach Litigation, U.S.D.C. Case No. 8:20-cv-00791; state the name, address and telephone number of the Settlement Class Members seeking exclusion; be physically signed by the Person(s) seeking exclusion; and must also contain a statement to the effect that “I/We hereby request to be excluded from the proposed Settlement Class in In re Ambry Genetics Data Breach Litigation, U.S.D.C. Case No. 8:20-cv-00791.” A valid Request for Exclusion requires you to state your full name, current mailing address, and telephone number; be physically signed by you; and contain a statement to the effect that “I hereby request to be excluded from the proposed Settlement Class in In re Ambry Genetics Data Breach Litigation, Case No. 8:20-cv-00791.” The Request for Exclusion must be submitted electronically on the Settlement Website, or (ii) postmarked or received by the Settlement Administrator at the address below no later than January 9, 2023:

In re Ambry Genetics Data Breach Litigation

P.O. Box 25142

Santa Ana, CA 92799

You cannot exclude yourself by telephone or by e-mail.

29. If I exclude myself, can I still get Credit Monitoring and Identity Theft Insurance Services and a Settlement payment?

No. If you exclude yourself, you are telling the Court that you don’t want to be part of the Settlement. You can only get free Credit Monitoring and Identity Theft Insurance Services and a cash payment if you stay in the Settlement and submit a valid Claim Form.

30. If I do not exclude myself, can I sue the Defendants for the same thing later?

No. Unless you exclude yourself, you give up any right to sue the Defendants and Released Parties for the claims that this Settlement resolves. You must exclude yourself from this Action to start or continue with your own lawsuit or be part of any other lawsuit against the Defendants or any of the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

OBJECT TO OR COMMENT ON THE SETTLEMENT
31. How do I tell the Court that I do not like the Settlement?

If you are a Class Member, you can tell the Court that you do not agree with all or any part of the Settlement. You can give reasons why you think the Court should not approve the Settlement. To object, you must mail a letter stating that you object to the Settlement in In re Ambry Genetics Data Breach Litigation, Case No. 8:20-cv-00791. Be sure to include (1) your full name, current mailing address, and telephone number; (2) a signed statement that you believe you are a member of the Settlement Class; (3) the specific reasons you are objecting to the Settlement; (4) all documents or writings that you wish the Court to consider; and (5) a statement indicating whether you or your attorney intends to appear at the Final Fairness Hearing. Mail your objection to both addresses listed below postmarked by January 9, 2023:

Clerk of the Court

United States District Court

Central District of California

411 West 4th Street, Room 1053

Santa Ana, CA 92701-4516

In re Ambry Genetics Data Breach Litigation

P.O. Box 25142

Santa Ana, CA 92799

32. What is the difference between objecting and requesting exclusion?

Objecting is simply telling the Court you do not like something about the Settlement. You can object only if you stay in the Class (that is, do not exclude yourself). Requesting exclusion is telling the Court you do not want to be part of the Class or the Settlement. If you exclude yourself, you cannot object to the Settlement because it no longer affects you.

THE FINAL FAIRNESS HEARING
33. When and where will the Court decide whether to approve the Settlement?

The Court will hold a Final Fairness Hearing on March 6, 2023, at 1:30 p.m. before the Honorable Cormac J. Carney, United States District Judge for the Central District of California, Ronald Reagan Federal Building and United States Courthouse, 411 West Fourth Street, Courtroom 9B, Santa Ana, CA 92701.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement; Class Counsel’s application for attorneys’ fees, costs, and expenses; and the service awards to the Class Representatives. If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.

34. Do I have to come to the Final Fairness Hearing?

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mail your written objection on time the Court will consider it.

35. May I speak at the Final Fairness Hearing?

Yes. If you wish to attend and speak at the Final Fairness Hearing, you must indicate this in your written objection (see Question 31). Your objection must state that it is your intention to appear at the Final Fairness Hearing and must identify any witnesses you may call to testify or exhibits you intend to introduce into evidence at the Final Fairness Hearing. If you plan to have your attorney speak for you at the Fairness Hearing, your objection must also include your attorney’s name, address, and phone number.

IF YOU DO NOTHING
36. What happens if I do nothing at all?

If you are a Class Member and you do nothing, you will not receive any Settlement benefits. You will also give up rights explained in Questions 15 and 16, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendants or any of the Released Parties about the legal issues in this Action and released by the Settlement Agreement.

GETTING MORE INFORMATION
37. How do I get more information?

The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on this website or by writing to In re Ambry Genetics Data Breach Litigation, P.O. Box 25142, Santa Ana, CA 92799, or info@AmbryBreachSettlement.com. Publicly-filed documents can also be obtained by visiting the office of the Clerk of the United States District Court for the Central District of California or reviewing the Court’s online docket.

If you have questions you may contact Class Counsel at:

Robinson Calcagnie, Inc.

c/o Ambry Genetics Data Breach Settlement

19 Corporate Plaza Drive

Newport Beach, CA 92660

info@AmbryBreachSettlement.com

Morgan & Morgan

c/o Ambry Genetics Data Breach Settlement

201 N. Franklin St., 7th Floor

Tampa, FL 33602

info@AmbryBreachSettlement.com

Ahdoot & Wolfson, PC

c/o Ambry Genetics Data Breach Settlement

2600 West Olive Ave., Suite 500

Burbank, CA 91505

info@AmbryBreachSettlement.com

PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE.
THE COURT CANNOT ANSWER ANY QUESTIONS.