Frequently Asked Questions

The Court directed that this 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 objections or appeals, if any, are resolved, the Settlement Administrator appointed by the Court will distribute the payments that the Settlement allows. This 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 Central District of California, (“District Court”). The case is known as B.K., et al. v. Eisenhower Medical Center, Case No. 5:23-cv-02092-JGB-DTB (the “Lawsuit”). The people who filed the Lawsuit are called the Plaintiffs and the entity they sued, Eisenhower Medical Center, is called the Defendant.

The Lawsuit claims that Defendant was responsible for the “Meta Pixel Disclosure,” and asserts claims for: 1) violation of the California Confidentiality of Medical Information Act (“CMIA”); (2) violation of the Electronic Communications Privacy Act (“ECPA”); (3) violation of the California Invasion of Privacy Act (“CIPA”); (4) violation of California’s Unfair Competition Law (“UCL”); (5) invasion of privacy under the California Constitution (6) intrusion upon seclusion; (7) violation of the California Consumers Legal Remedies Act (“CLRA”); (8) violation of Cal. Penal Code §496(a) and (c); (9) breach of confidence; (10) breach of fiduciary duty; and (11) unjust enrichment. The Lawsuit seeks, among other things, relief for persons alleged to have been injured by the Meta Pixel Disclosure.

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

Both sides have agreed to settle the Lawsuit solely to avoid the cost, delay, and uncertainty of litigation.

In a class action, one or more people called “Class Representatives” (in this case, the named Plaintiffs are B.K. and N.Z.) 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 resolves the issues for all Class Members, except for those who exclude themselves from the class.

The Court did not decide in favor of Plaintiffs or Defendant. Instead, Plaintiffs negotiated a settlement with Defendant that allows both Plaintiffs and Defendant 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 payment and/or other benefit 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 Defendant did anything wrong.

You are part of this Settlement as a Settlement Class Member if you logged into the EMC MyChart patient portal, and/or submitted an online form and/or scheduled a laboratory appointment on EMC’s public website, www.eisenhowerhealth.org, in the time frame of January 1, 2019 to May 3, 2023.

Yes. Specifically excluded from the Settlement Class are: (i) EMC and its affiliates, parents, subsidiaries, officers, and directors; (ii) any person who timely opts out of the Settlement Class, and (iii) the Judge(s) presiding over this matter and the clerks of said Judge(s).

The Settlement will provide payments to Settlement Class Members who timely submit valid claims.

Each Settlement Class Member can make a claim for payment of a pro rata share of a Net Settlement Fund ($875,000.00, minus Plaintiffs’ attorneys’ fees, costs, and expenses, service awards to the Class Representatives, and Administration Costs). In order to claim a payment, you must provide all information requested in the Claim Form and any additional information requested by the Settlement Administrator.

Any award of attorneys’ fees and litigation costs to Class Counsel (not to exceed $288,750 in fees and $20,000 in costs) upon Court approval, service awards (up to $2,500 each for the two Settlement Class Representatives, totaling a maximum of $5,000), and costs to administer the Settlement will be paid from the Settlement Fund.

Each Settlement Class Member may make a claim for payment of a pro rata share of a Net Settlement Fund, which is subject to proration. All Settlement Class Members who submit a valid claim form will receive a pro rata share of the Net Settlement Fund (“Cash Compensation”). The total Settlement Fund of $875,000 will be used to pay (i) any taxes owed by the Settlement Fund, (ii) Settlement Administration Costs; (iii) Service Awards approved by the Court, (iv) Attorneys’ Fees, Costs, and Expenses Award as approved by the Court, and (v) any benefits to Settlement Class Members. After the expenses listed in (i- iv), the amount remaining, or the “Net Settlement Fund” will be prorated and distributed amongst Settlement Class Members that submit a valid, timely Claim Form.

To ask for a payment, you must complete and timely submit a Claim Form. The online Claim Form is available here. You must submit your Claim Form no later than October 2, 2025. You can also submit your Claim Form by mail, postmarked no later than October 2, 2025, to the Settlement Administrator:

SETTLEMENT ADMINISTRATOR 

Eisenhower Medical Center Settlement Administrator
P.O. Box 3274
Baton Rouge, LA 70821

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 and will specify a time within which any such additional information must be provided. If the required information is not provided within the time specified, the claim will be considered invalid and will not be paid.

Additional information regarding the claims process can be found in Section VII of the Settlement Agreement, available here.

Payments will be sent to Settlement Class Members who send in Valid Claim Forms on time, in the form of an electronic payment or mailed check. Payments will be issued after the Court grants “final approval” of the Settlement, and after the time for appeals has ended and any appeals have been resolved. The Court will hold a Final Approval Hearing at 9:00 a.m. on October 20, 2025, 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. It also takes time for all the Claim Forms to be processed, depending on the number of claims submitted and whether any appeals are filed. Please be patient.

You do not have to do anything to remain in the Settlement, but if you want a settlement payment of Cash Compensation you must timely submit a valid Claim Form online by October 2, 2025.

If the Settlement becomes final, you will give up your right to sue Defendant for the claims being resolved by this Settlement. The specific claims you are giving up against Defendant are described in Section XVI of the Settlement Agreement. You will be “releasing” Defendant and all related people or entities as described in Sections II.10.ii and XVI of the Settlement Agreement. The Settlement Agreement is available here. The Release is included below:

On the Effective Date and in consideration of the promises and covenants set forth in this Settlement Agreement, each Settlement Class Member will be deemed to have fully, finally, and forever completely released, relinquished, and discharged the Released Persons from any and all past, present, and future claims, counterclaims, lawsuits, set-offs, costs, expenses, attorneys’ fees and costs, losses, rights, demands, charges, complaints, actions, suits, causes of action, obligations, debts, contracts, penalties, damages, or liabilities of any nature whatsoever, in law or equity, fixed or contingent, accrued or unaccrued and matured or not matured that were or could have been asserted in the Litigation (the “Settlement Class Release”). The Settlement Class Release shall be included as part of the Final Approval Order so that all claims released thereby shall be barred by principles of res judicata, collateral estoppel, and claim and issue preclusion (the “Released Class Claims,” and together with Plaintiffs’ Released Claims, the “Release Claims”). The Released Class Claims shall constitute and may be pled as a complete defense to any proceeding arising from, relating to, or filed in connection with the Released Class Claims.

Released Claims do not include medical malpractice, or other bodily injury claims, or claims relating to the enforcement of the settlement.

The Settlement Agreement describes the released claims in more detail 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 Question 14 for free or you can, of course, talk to your own lawyer at your own expense.

Yes, if you do not opt out of or object to the settlement. The Court appointed Ryan J. Clarkson, Yana Hart, and Bryan P. Thompson of Clarkson Law Firm, P.C., located at 22525 Pacific Coast Highway, Malibu, CA 90265 and Matthew J. Langley of Almeida Law Group LLC, located at 849 W. Webster Ave., Chicago, IL 60614, 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.

If the Settlement is approved and becomes final, Class Counsel will ask the Court to award attorneys’ fees not to exceed thirty-three percent (33%) of the combined total value of the Settlement Fund, or $288,750, litigation costs not to exceed $20,000, and Administration Costs (as defined in the Settlement Agreement). Class Counsel will also request approval of a service award of $2,500.00 for each of the two Class Representatives (totaling $5,000). If approved, these amounts, as well as the costs of notice and Settlement Administration, will be taken from the Settlement amount prior to payments made to Settlement Class Members.

If you are a Settlement Class Member, you can object to the Settlement if you do not like 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 to the Settlement Administrator a written notice stating that you object to the Settlement in B.K. and N.Z, et al. v. Eisenhower Medical Center, Case No. 5:23-cv-02092-JGB-DTB.

Your objection must:

1. 1. 1. set forth the Settlement Class Member’s full name, current address, telephone number, and email address;
      2. contain the Settlement Class Member’s original signature;
      3. contain proof that the Settlement Class Member is a member of the Settlement Class (e.g., copy of settlement notice, or confirmation of online form submission or laboratory appointment scheduling, etc.);
      4. state that the Settlement Class Member objects to the Settlement, in whole or in part;
      5. set forth a statement of the legal and factual basis for the Objection;
      6. provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position;
      7. identify all counsel representing the Settlement Class Member, if any;
      8. contain the signature of the Settlement Class Member’s duly authorized attorney or other duly authorized representative, along with documentation setting forth such representation; and
      9. contain a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement.

Your objection must be filed with the District Court, and served upon the Settlement Administrator below no later than September 2, 2025.

SETTLEMENT ADMINISTRATOR

Eisenhower Medical Center Settlement Administrator
P.O. Box 3274
Baton Rouge, LA 70821

An objecting Settlement Class Member has the right, but is not required, to attend the Final Approval Hearing. If you intend to appear at the Final Approval Hearing, either with or without counsel, you must also file a notice of appearance with the Court (as well as serve the notice on Class Counsel and Defendant’s Counsel) by the September 2, 2025.

If you intend to appear at the Final Approval Hearing through counsel, you must also identify the attorney(s) representing you who will appear at the Final Approval Hearing and include the attorney(s) name, address, phone number, e-mail address, state bar(s) to which counsel is admitted, as well as associated state bar numbers.

If you fail to timely file and serve an Objection and notice, if applicable, of your intent to appear at the Final Approval Hearing in person or through counsel, you will not be permitted to object to the approval of the Settlement at the Final Approval Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or other means.

To opt out of the settlement, you must individually sign and timely submit written notice of such intent to the Settlement Administrator at P.O. Box 3274 Baton Rouge, LA 70821. To be effective, the written notice shall:

1. 1. 1. be postmarked no later than September 2, 2025;
      2. state your name, address, and telephone number;
      3. be physically signed by you, the Settlement Class Member; and
      4. must contain a statement to the effect that “I hereby request to be excluded from the proposed Settlement Class in B.K., et al. v. Eisenhower Medical Center, No. 5:23-cv- 02092-JGB-DTB (C.D. Cal).”

Any person who submits a valid and timely exclusion request shall not (i) be bound by any orders or Judgment entered in the Lawsuit, (ii) be entitled to relief under the Settlement, or (iii) be entitled to object to any aspect of the Settlement. No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs.

The Court will hold a Final Approval Hearing at 9:00 a.m. on October 20, 2025, in Courtroom 1 on the 2^nd floor of the United States District Court, located at 3470 Twelfth Street, Riverside, California 92501. The hearing may be moved to a different date or time without additional notice, so please check for updates here. 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 Question 16). In order to speak at the Fairness Hearing, you must file a notice of intention to appear with the Court. The Court will also decide whether to approve fees and reasonable litigation costs to Class Counsel, and the service award to the Class Representatives.

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. As long as you mailed your written objection on time, the Court will consider it. If you have sent an objection but do not come to the Court hearing, however, you will not have a right to appeal an approval of the Settlement. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.

Yes, you may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must follow the instructions provided in Question 16 above. If you intend to appear at the Final Approval Hearing, either with or without counsel, you must also file a notice of appearance with the Court (as well as serve the notice on Class Counsel and Defendant’s Counsel) by September 2, 2025.

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

Yes. This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available here, or by writing to the Eisenhower Medical Center Settlement Administrator, P.O. Box 3274, Baton Rouge, LA 70821.

Email info@emcwebsettlement.com, call 1-866-972-3872, or write to the Eisenhower Medical Center Settlement Administrator, P.O. Box 3274, Baton Rouge, LA 70821.

More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here. You can also call Class Counsel if you have any questions. Before doing so, however, please read this full Notice carefully. You may also find additional information elsewhere on the Settlement website.

PLEASE DO NOT CONTACT THE COURT, THE CLERK’S OFFICE, DEFENDANT, OR DEFENDANT’S COUNSEL TO ASK QUESTIONS ABOUT THIS ACTION OR THIS NOTICE. THEY CANNOT ANSWER ANY QUESTIONS OR DISCUSS THE ACTION.