Frequently Asked Questions

  1. Why did I get a Notice directing me to this website?

    The Court directed that Notice be provided because you have a right to know about a proposed settlement that has been reached in this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after any objections or appeals are resolved, the Settlement Administrator appointed by the Court will distribute the payments and other relief that the Settlement allows. The Notice explains the lawsuit, the Settlement, your legal rights, what payments are available, who is eligible for them, and how to get them.

    The Court in charge of this case is the United States District Court for the Southern District of New York, White Plains Division. The case is known as Baksh et al. v. IvyRehab Network, Inc., Case No. 7:20-cv-01845 (the “Lawsuit”). The people who filed the Lawsuit are called Plaintiffs and the entity they sued, IvyRehab, is called the Defendant.

    A copy of the Notice can be found here.

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  2. What is this Lawsuit about?

    The Lawsuit claims IvyRehab was responsible for the increased risk of identity theft stemming from the Data Incident and asserts claims such as: negligence; negligence per se; breach of express contract; breach of implied contract; breach of fiduciary duty; and violation of New York General Business Law Section 349. The Lawsuit seeks, among other things, payment for persons who were injured by the Data Incident.

    IvyRehab has denied and continues to deny all of the claims made in the Lawsuit, as well as all charges of wrongdoing or liability against it.

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  3. What is a class action?

    In a class action, one or more people called Class Representatives (in this case, Bibi Baksh and Sharon Dunn on behalf of her daughter M.M.) sue on behalf of people who have similar claims. Together, all these people are called a Class or Class Members. One Court and one judge resolve the issues for all Class Members, except for those who exclude themselves from the Settlement Class.

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  4. Why is there a settlement?

    The Court did not decide in favor of the Plaintiffs or IvyRehab. Instead, the Plaintiffs negotiated a settlement with IvyRehab that allows both Plaintiffs and IvyRehab to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Settlement Class Members to obtain benefits without further delay. The Class Representatives and their attorneys think the Settlement is best for all Settlement Class Members. This Settlement does not mean that IvyRehab did anything wrong.

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  5. How do I know if I am part of the Settlement?

    You are part of this Settlement as a Settlement Class Member if you utilized IvyRehab’s services and your private information was maintained on IvyRehab’s system, which was compromised in the Data Incident.

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

    Yes. Specifically excluded from the Settlement Class are: (i) IvyRehab’s officers, directors, and employees; (ii) any entity in which IvyRehab has a controlling interest; and (iii) the affiliates, legal representatives, attorneys, successors, heirs, and assigns of IvyRehab. Also excluded from the Settlement Class are members of the judiciary to whom this case is assigned, their families, and members of their staff.

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  7. What does the Settlement provide?

    There are two types of claims-based remedies available: (1) credit monitoring; and (2) expense and time reimbursement (see FAQ 8). You may submit a claim for either or both of the remedies listed above. In order to claim each type of remedy, you must provide related documentation with your claim. You may submit a claim here.

    The Settlement will provide credit monitoring services to all valid claimants.

    The Settlement will also provide for expense reimbursements as described in FAQ 8. The total amount of money paid by IvyRehab for expense and time reimbursement shall not exceed $150,000. In the event the total amount of money claimed and approved for expense and time reimbursement exceeds $150,000, each claim made and approved under the Settlement shall be reduced on a pro rata basis until the total is reduced to $150,000.

    Additionally, the Settlement provides that IvyRehab has implemented and will implement new data security measures to improve its system’s cybersecurity.

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  8. What Settlement benefits are available?

    Class Members are each individually eligible to receive 12-months of credit monitoring in addition to any credit monitoring services previously provided as a result of IvyRehab’s pre-Lawsuit notifications.

    Qualified Class Members are further eligible to claim reimbursement of up to $75 (in total) for their documented out-of-pocket expenses, fees for credit based reports, and time expenses resulting from the Data Incident, including:

    • out-of-pocket expenses, including bank fees, long distance phone charges, cell phone charges (if charged by the minute), data charges (if charged based on data used), postage, or gasoline for local travel;
    • fees for credit reports, credit monitoring, or other identity theft insurance products purchased between September 1, 2019, and the date of the Court’s Preliminary Approval Order; and
    • where at least one full hour was spent exclusively dealing with the Data Incident ($20 per Class Member).
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  9. How do I get benefits from the Settlement?

    To ask for a payment or credit monitoring, you must complete and submit a Claim Form. You may obtain a Claim Form here, submit your Claim Form online here, or request one by mail by calling 1-888-490-0716. Read the instructions carefully, fill out the Claim Form completely, and mail it, postmarked no later than January 21, 2021, to:

    IvyRehab Settlement Administrator
    P.O. Box 3546
    Portland, OR 97208-3546

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  10. How will claims be decided?

    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 Class Member who submits a Claim Form. If the required information is not timely provided, the claim will be considered invalid and will not be paid, and credit monitoring will not be provided. Class Counsel and Counsel for IvyRehab will be able to review claims.

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  11. When will I get my payment?

    The Court will hold a Final Fairness Hearing on January 27, 2021, at 11:30 a.m. in the District Court for the Southern District of New York, White Plains Division, 300 Quarropas Street, White Plains, New York 10601, Courtroom 621, to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether any appeals can be resolved favorably, and resolving them can take time, perhaps more than a year. It also takes time for all Claim Forms to be processed, depending on the number of claims submitted. Please be patient.

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  12. Do I need to do anything to remain in the Settlement?

    You do not have to do anything to remain in the Settlement, but if you would like to enroll in credit monitoring or be eligible to receive a payment, you must submit a Claim Form postmarked by January 21, 2021.

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  13. What am I giving up as part of the Settlement?

    If the Settlement becomes final, you will give up your right to sue IvyRehab for the claims being resolved by this Settlement. The specific claims you are giving up against IvyRehab are described in paragraph 8 of the Settlement Agreement. You will be “releasing” IvyRehab and all related people and entities as described in paragraph 8 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 about what this means, you can talk to the law firms listed in FAQ 17 for free, or you can talk to your own lawyer at your own expense.

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  14. If I exclude myself, can I still get payment from the Settlement?

    No. If you exclude yourself from the Settlement, you will not be entitled to any benefits of the Settlement, but you will also not be bound by any judgment in this case.

    If you do not want benefits from this Settlement, but you want to keep the right to sue IvyRehab about issues in the Lawsuit, then you must take steps to get out of the Settlement Class. This is called excluding yourself from—or is sometimes referred to as “opting out” of—the Settlement Class.

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

    No. Unless you exclude yourself from the Settlement, you give up any right to sue IvyRehab 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 benefits.

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  16. How do I get out of the Settlement?

    To exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from the Settlement in Baksh et al. v. IvyRehab Network, Inc., Case No. 7:20-cv-01845. Your letter must also include your name, address, telephone number, and signature. You must mail your exclusion request, postmarked no later than December 7, 2020, to:

    IvyRehab Settlement Administrator
    P.O. Box 3546
    Portland, OR 97208-3546

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  17. Do I have a lawyer in this case?

    Yes. The Court appointed Gary E. Mason of Mason Lietz & Klinger LLP, 5101 Wisconsin Avenue NW, Suite 305, Washington, DC 20016, and Gary M. Klinger of Mason Lietz & Klinger LLP, 227 W. Monroe Street, Suite 2100, Chicago, IL 60606, to represent you and other Settlement Class Members. These lawyers are called Class Counsel. 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.

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  18. How will Class Counsel be paid?

    If the Settlement is approved and becomes final, Class Counsel will ask the Court to award combined attorneys’ fees and costs in the amount of $150,000. Class Counsel will also request approval of an incentive award of $1,000 for each Class Representative. If approved, these amounts, as well as the costs of notice and settlement administration, will be paid separately by IvyRehab and will not reduce the amount of total payments available to Settlement Class Members.

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  19. How do I tell the Court that I do not like the Settlement?

    If you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision. To object, you must file with the Court and mail copies to Class Counsel and IvyRehab’s Counsel a written notice stating that you object to the Settlement in Baksh et al. v. IvyRehab Network, Inc., Case No. 7:20-cv-01845.

    Your objection must include:

    1. the title of the case;
    2. your name, address, and telephone number;
    3. the approximate date when you were a patient at an IvyRehab facility;
    4. all legal and factual bases for any objection; and
    5. copies of any documents that the you want the Court to consider.

    Should you wish to appear at the Final Fairness Hearing, you must so state, and you must identify any documents or witnesses you intend to call on your behalf.

    Your objection must be filed with the Clerk of District Court for the Southern District of New York, White Plains Division, 300 Quarropas Street, White Plains, NY 10601-4150, no later than December 7, 2020. You must also mail copies of your objection to Class Counsel and Ivy Rehab’s Counsel, postmarked no later than December 7, 2020, at all of the addresses below.

    Class Counsel IvyRehab’s Counsel
    Gary Mason
    David K. Lietz
    Mason Lietz & Klinger LLP
    5101 Wisconsin Avenue NW, Suite 305
    Washington, DC 20016
    Gary M. Klinger
    Mason Lietz & Klinger LLP
    227 W. Monroe Street, Suite 2100
    Chicago, Illinois 60606
    Anjali C. Das
    Jennifer S. Stegmaier
    Wilson Elser Moskowitz Edelman and Dicker LLP
    55 West Monroe Street, Suite 3800
    Chicago, IL 60603
    David M. Ross
    Wilson Elser Moskowitz Edelman and Dicker LLP
    1500 K Street, NW, Suite 330
    Washington, DC 20005
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  20. What is the difference between objecting to and excluding myself from the Settlement?

    Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Class in this Settlement. If you exclude yourself from the Settlement, you have no basis to object or submit a Claim Form because the Settlement no longer affects you.

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  21. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Fairness Hearing on January 27, 2021, at 11:30 a.m., via telephone. The parties should call into the Court’s dedicated conference line at 1-877-336-1839,and enter Access Code 1047966, followed by the pound (#) key. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will take into consideration any properly filed written objections and may also listen to people who have asked to speak at the hearing (see FAQ 19). The Court will also decide whether to approve fees and costs to Class Counsel and the service awards to the Class Representatives.

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  22. 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 file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.

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  23. May I speak at the Final Fairness Hearing?

    Yes, you may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must follow the instructions provided in FAQ 19. You cannot speak at the hearing if you exclude yourself from the Settlement.

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  24. What happens if I do nothing?

    If you do nothing, you will not receive any compensation or credit monitoring from this Settlement. If the Court approves the Settlement, you will be bound by the Settlement Agreement, including the release in the Settlement Agreement. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against IvyRehab or related parties about the issues involved in the Lawsuit, resolved by this Settlement, and released by the Settlement Agreement.

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  25. Are more details about the Settlement available?

    Yes. More details are in the Settlement Agreement and other documents, which are available here.

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  26. How do I get more information?

    See the Settlement Agreement and other documents here. Call 1-888-490-0716 or write to:

    IvyRehab Settlement Administrator
    P.O. Box 3546
    Portland, OR 97208-3546

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