Richard Charitat v. Pape-Dawson Engineers, Inc.

You are a Settlement Class Member if Pape-Dawson identified you as being among those individuals impacted by the Data Security Incident, including all who were sent a notice of the Data Security Incident.

The Settlement Class specifically excludes: (i) Pape-Dawson Engineers, Inc. (“Pape-Dawson”); (ii) the Related Entities; (iii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iv) any judges assigned to this case and their staff and family; and (v) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the criminal activity occurrence of the Data Security Incident or who pleads nolo contendere to any such charge.

The Notice explains the nature of the lawsuit and claims being settled, your legal rights, and the benefits to the Settlement Class.

This case is known as Richard Charitat v. Pape-Dawson Engineers, Inc., Case No.: 2022CI21570 (“Lawsuit”), filed in the 438th Judicial District of Bexar County, Texas. The person who sued is called the “Plaintiff” and the company he sued, Pape-Dawson Engineers, Inc., is known as the “Defendant” in this case. Pape-Dawson will be called “Defendant” in this Notice.

Plaintiff filed a lawsuit against Defendant, individually, and on behalf of anyone whose personally identifiable information (“PII”) and/or protected health information (“PHI”) was potentially impacted as a result of the Data Security Incident.

This Lawsuit arises out of unauthorized access to Defendant’s systems and certain files containing sensitive information about Defendant’s current and former employees, including, but not limited to, full names, addresses, Social Security numbers, driver’s license numbers, state identification numbers, employment passport numbers, and medical information (collectively “PII) which was discovered by Pape-Dawson on or about February 21, 2022 (the “Data Security Incident”). After learning of the Data Security Incident, Defendant mailed notification to persons whose PII and PHI may have been impacted by the Data Security Incident on or about June 21, 2022. Subsequently, this lawsuit was filed asserting claims against Defendant relating to the Data Security Incident.

Defendant denies any wrongdoing.

By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. The Class Representative, Defendant, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, in the best interests for Settlement Class Members. The Court did not decide in favor of the Plaintiff or Defendant. Full details about the proposed Settlement are found in the Settlement Agreement.

In a class action, one or more people called a “Class Representative” sue on behalf of all people who have similar claims.  All of these people together are the “Settlement Class” or “Settlement Class Members.”

You are included in the Settlement if Pape-Dawson identified you as being among those individuals impacted by the Data Security Incident, including all who were sent a notice of the Data Security Incident. If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the Settlement, email info@papedawsondataincidentsettlement.com, call toll free (877) 780-7773, or write to Pape-Dawson Data Incident Settlement, Settlement Administrator, 1650 Arch St, Suite 2210, Philadelphia, PA, 19103.

The proposed Settlement will provide the following benefits to Settlement Class Members:

Expense Reimbursement

Documented Ordinary Loss Expense Reimbursement: All Settlement Class Members who submit a valid claim using the Claim Form are eligible for the following documented (except lost time, as defined below) ordinary loss expense reimbursement, not to exceed $325 per Settlement Class Member: (a) documented out-of-pocket expenses that were incurred as a result of the Data Incident, which may include: (i) bank fees, (ii) long distance phone charges, (iii) cell phone charges (only if charged by the minute), (iv) data charges (only if charged based on the amount of data used), (v) postage, or (vi) gasoline for local travel; and (b) fees for credit reports, credit monitoring, or other identity theft insurance products purchased between February 21, 2022 to the close of the Claims Period. To receive reimbursement for any of the above-referenced documented ordinary loss expenses, Settlement Class Members must submit a valid and timely Claim Form, including necessary supporting documentation, to the Settlement Administrator. 

Lost Time Reimbursement: Settlement Class Members are also eligible to receive reimbursement for up to three (3) hours of lost time spent dealing with the Data Security Incident (calculated at the rate of $25 per hour). Settlement Class Members may receive reimbursement for lost time if the Settlement Class Member certifies that the lost time was spent responding to the Data Security Incident. Claims made for lost time can be combined with reimbursement for documented ordinary loss expense reimbursement and are subject to the same $325 Documented Ordinary Loss Expense Reimbursement cap for all Settlement Class Members.

Documented Extraordinary Loss Reimbursement: Settlement Class Members are also eligible to receive reimbursement for documented extraordinary losses, not to exceed $4,000 per Settlement Class Member, including proven actual monetary losses, provided that: (i) the loss is an actual, documented, and unreimbursed monetary loss arising from fraud or misuse; (ii) the loss from fraud or misuse was more likely than not caused by the Data Security Incident; (iii) the actual misuse or fraud loss is not already covered by one or more of the ordinary loss compensation categories; (iv) the claimant made reasonable efforts to avoid the loss or seek reimbursement for the loss, including, but not limited to, exhaustion of all available credit monitoring insurance and identity theft insurance; and (v) the actual misuse or fraud loss occurred between the date of the Data Security Incident (February 21, 2022) and the Claims Deadline. The maximum amount any one Settlement Class Member may recover for documented extraordinary losses is $4,000.

Cap on Reimbursement: The aggregate cap on monetary recovery by the Settlement Class for Ordinary Loss Reimbursement, Lost Time Reimbursement, and Extraordinary Loss Reimbursement is $250,000. Payments to Settlement Class Members who make valid claims shall be reduced on a pro rata basis according to the number of claims made if the total exceeds the $250,000 aggregate cap.

Credit Monitoring: All Settlement Class Members will be eligible to claim one-year free credit monitoring services through CyEx upon submission of a valid Claim Form. CyEx provides single-bureau credit monitoring, dark web monitoring, $1,000,000 in reimbursement insurance, and fully managed identity recovery and lost wallet assistance. If the Settlement is finally approved by the Court, Settlement Class Members who make timely, valid claims for CyEx’s credit monitoring services will be provided with codes required to activate these services. The Settlement Class Member must activate the service within 180 days from the date that the activation codes are sent. Defendant will pay for the credit monitoring services separate and apart from other settlement benefits.

Remedial Relief: Defendant will also continue to provide security for current and former employee PII and PHI.  Defendant agrees to pay for such remedial costs separately and apart from other settlement benefits.

All claims will be reviewed by the Settlement Administrator for completeness and plausibility. You must file a Claim Form to get money and credit monitoring from the proposed Settlement. Claim Forms must be submitted online by November 9, 2023, or postmarked no later than November 9, 2023. You can download a Claim Form or you can call the Settlement Administrator at (877) 780-7773 for a Claim Form.  

If you stay in the Settlement Class, you will be eligible to receive benefits, but you will not be able to sue Pape-Dawson Engineers, Inc. its Related Entities, and each of their past or present parents, subsidiaries, divisions, and related or affiliated entities, and each of their respective predecessors, successors, assigns, owners, directors, officers, employees, principals, agents, attorneys, insurers, and reinsurers (collectively, the “Released Persons”) regarding the claims in this case.

The Settlement Agreement includes all provisions about settled claims, releases, and Released Persons.

The only way to keep the right to sue is to exclude yourself (see FAQ 10), otherwise you will be included in the Settlement Class, and, if the Settlement is approved, you give up the right to sue for the claims in this case.

Yes. The Class Representative will receive a service award of up to $2,000, to compensate him for his services and efforts in bringing the lawsuit. The Court will make the final decision as to the amount, if any, to be paid to the Class Representative.

If you do not want to be included in the Settlement, you must send a timely written request for exclusion, stating your full name, address, and telephone number. Your request for exclusion must be personally signed by you and contain your original signature (or the original signature of a person previously authorized by law, such as a trustee, guardian, or person acting under power of attorney to act on your behalf with respect to a claim or right, such as those in the Lawsuit). Your request must also clearly manifest your intent to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement.

Your written request for exclusion must be postmarked no later than October 10, 2023, to:

Pape-Dawson Settlement Administrator

Attn: Exclusion Request

P.O. Box 58220

Philadelphia, PA 19102

Instructions on how to submit a request for exclusion are available at this website or from the Claims Administrator by calling (877) 780-7773.

If you exclude yourself you will not be able to receive any cash benefit or credit monitoring from the Settlement, and you cannot object to the Settlement at the Final Approval Hearing. You will not be legally bound by anything that happens in the Lawsuit, and you will keep your right to sue Defendant on your own for the claims that this Settlement resolves.

No. If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up the right to sue the Released Persons (listed in FAQ 8) for the claims this Settlement resolves.

If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any money or credit monitoring services from the Settlement, you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit against the Released Persons (listed in FAQ 8) about the settled claims in this case at any time.

Yes. The Court has appointed MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC and TURKE & STRAUSS LLP (called “Settlement Class Counsel”) to represent the interests of all Settlement Class Members in this case. 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.

Settlement Class Counsel will apply to the Court for an award of combined attorneys’ fees, costs, and expenses in an amount not to exceed $150,000. A copy of Class Counsel’s Motion for Attorneys’ Fees, Costs, Expenses, and Service Award for Class Representative will be posted on this website, before the Final Fairness Hearing.  The Court will make the final decisions as to the amounts to be paid to Settlement Class Counsel, and may award less than the amount requested by Settlement Class Counsel.

If you want to tell the Court that you do not agree with the proposed Settlement or some part of it, you must file an objection with the Court telling it why you do not think the Settlement should be approved.

Objections must be submitted in writing and include all the following information:

1. State the objecting Settlement Class Member’s full name, current address, telephone number, and email address (if any);
2. Contain the objecting Settlement Class Member’s original signature;
3. Set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the Settlement Class (e.g., copy of the Notice or copy of original notice of the Data Security Incident);
4. Set forth a statement of all grounds for the objection, including any legal support for the objection that the objector believes applicable;
5. Identify all counsel representing the objector;
6. State whether the objector and/or his or her counsel will appear at the Final Approval Hearing, and;
7. Contain the signature of the objector’s duly authorized attorney or other duly authorized representative (if any), along with documentation setting forth such representation.

Your Objection must be filed with the Clerk of Court and include the case name and docket number, Richard Charitat v. Pape-Dawson Engineers, Inc., Case No.: 2022CI21570 (“Lawsuit”), filed in the 438^th Judicial District of Bexar County, Texas (the “Pape-Dawson Action”) to be received no than October 10, 2023, at:

438th Civil District Court

Bexar County Courthouse

100 Dolorosa

San Antonio, TX 78205

In addition, you must concurrently mail or hand deliver a copy of your objection to Settlement Class Counsel and Defense Counsel, postmarked no later than October 10, 2023:

In addition, if the objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he or she must also file with the Court, and mail or hand-deliver to Settlement Class Counsel and Defense Counsel, a notice of appearance no later than sixty (60) Days after August 12, 2023. If the objecting Settlement Class Member intends to appear at the Final Approval Hearing through counsel, the notice of appearance filed with the Court must also:

1. Identify the attorney(s) representing the objector who will appear at the Final Approval Hearing;
2.  Include each such attorney’s name, address, phone number, email address, state bar(s) to which counsel is admitted, as well as associated state bar numbers;
3. Include a list identifying all objections each counsel has filed to class action settlements in the past three (3) years, the results of each objection, any court opinions ruling on the objections, and any sanctions issued by a court in connection with objections filed by such attorney, and;
4. If the objecting Settlement Class Member intends to request permission from the Court to call witnesses at the Final Approval Hearing, the objecting Settlement Class Member must provide a list of any such witnesses together with a brief summary of each witness’s expected testimony at least thirty (30) Days before the Final Approval Hearing.

If you do not submit your objection with all requirements, or if your objection is not received by October 10, 2023, you will be considered to have waived all Objections and will not be entitled to speak at the Final Fairness Hearing.

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class.  If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

The Court will hold the Final Fairness Hearing on November 13, 2023, at 8:30 a.m. in the 438^th Civil District Court for the County of Bexar, Texas, in the Presiding Civil District Courtroom (Room 109).  The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this website for updated information.

At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class Members, and if it should be finally approved. If there are valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the award of attorneys’ fees, costs, and expenses to Settlement Class Counsel and the request for a Service Award to the Class Representative.

No. You are not required to come to the Final Approval Hearing. However, you are welcome to attend the hearing at your own expense. 

If you submit an Objection, you do not have to come to the hearing to talk about it. If your objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but that is not necessary. However, you must follow the requirements for making objections in FAQ15, including the requirements for making appearances at the hearing.

Yes. You can speak at the Final Approval Hearing, but you must ask the Court for permission.  To request permission to speak, you must file an objection according to the instructions in FAQ15, including all the information required for you to make an appearance at the hearing. You cannot speak at the hearing if you exclude yourself from the Settlement.

If you do nothing, you will not get any money from the Settlement, you will not be able to sue for the claims in this case, and you release the claims against Defendant and the Released Persons described in FAQ 8.

If you want additional information about this lawsuit call (877) 780-7773. You may also contact the Claims Administrator at Info@PapeDawsonDataIncidentSettlement.com.

PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT
OR LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, DEFENDANT, OR DEFENDANT’S COUNSEL.