STATE OF NORTH CAROLINA INTHE GENERAL COURT OF JUSTICE

ROBESON COUNTY SUPERIOR COURT DIVISION

CIVIL ACTION NO.: 24CVS003430-770

JULIANNA MCKENZIE, JUDITH

HAMMONDS, AND RONNIE
MCGRIFF, ON BEHALF OF FILED
THEMSELVES AND ALL OTHERS DATE: March 25, 2025
SIMILARLY SITUATED, TIME:8:08: 34 AM
ROBESON COUNTY
Plaintiffs, CLERK OF SUPERIOR COURT
BY: A. Howell

ROBESON HEALTH CARE

CORPORATION,
Defendant.

ORDER GRANTING PRELIMINARY APPROVAL OF

CLASS ACTION SETTLEMENT

The Court, having considered Plaintiffs' Motion for Preliminary Approval of the Class

Action Settlement ("Motion for Preliminary Approval"), the supporting Memorandum, the Parties'

Settlement Agreement, the proposed Short Notice, Long Notice, and Claim Form, and being

otherwise fully advised in the premises, finds and orders as follows:

PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT

1. The Settlement Agreement is fully incorporated here by reference. The Parties have

moved the Court for an order approving the settlement of the Litigation in accordance with the

Settlement Agreement, which, together with the documents incorporated therein, sets forth the

terms and conditions for a proposed settlement and dismissal of the Litigation with prejudice. The

definitions used in the Settlement Agreement are adopted in this Preliminary Approval Order and

shall have the same meaning ascribed in the Settlement Agreement.

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 2. The Court has jurisdiction over the claims at issue in this Litigation, Plaintiffs,

individually and on behalf of all others similarly situated, and Defendant Robeson Health Care

Corporation ("RHCC" or "Defendant").

3. Pursuant to North Carolina Rule of Civil Procedure 23 ("Civil Procedure Rule 23"),

the Court finds that the Parties' Settlement Agreement is fair, reasonable, and adequate and is

within the range of possible approval, and was entered into after extensive, arm's-length

negotiations, such that it is hereby preliminary approved, and that notice of the settlement should

be provided to the Settlement Class Members per the schedule set forth in the Settlement

Agreement.

4. Pending the Final Fairness Hearing, all proceedings in the Litigation, other than

proceedings necessary to carry out or enforce the terms and conditions of the settlement and this

Preliminary Approval Order, are hereby stayed.

CLASS CERTIFICATION
5. For the purposes of settlement only, and pursuant to Civil Procedure Rule 23, the

Court provisionally certifies the Settlement Class, defined as follows: "all individuals who were

notified that their PII was potentially compromised in the February 2023 Data Breach."

6. The Settlement Class specifically excludes: (1) Defendant and Defendant's parents,

subsidiaries, affiliates, officers and directors, and any entity in which Defendant has a controlling

interest; (11) all individual who make a timely election to be excluded from this proceeding using

the correct protocol for opting out; (111) any and all federal, state, or local governments, including

but not limited to their departments, agencies, divisions, bureaus, boards, sections, groups,

counsels and/or subdivisions; (iv) the attorneys representing the Parties in the Action; (v) all j udges

assigned to hear any aspect of the Action, as well as their immediate family members; and (vi) any

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person found by a court of competent jurisdiction to be guilty under criminal law of initiating,

causing, aiding or abetting the Data Breach, or who pleads nolo contendere to any such charge.

7. The Court provisionally finds, pursuant to Rule 23 of the North Carolina Rules of

Civil Procedure, that, for purposes of this settlement only: (1) a class exists with shared issues of

law or fact that predominate over individual issues; (2) the named representatives are adequate

representatives that will fairly and adequately represent the class, have no conflict of interest with

the class and have a genuine personal interest in the outcome of the case; (3) class members are so

numerous to make joinder impractical; (4) adequate notice can be given to the class; and (5) a class

action is superior to individual actions.

SETTLEMENT CLASS COUNSEL AND THE CLASS REPRESENTATIVES

8. For the purposes of settlement only, Plaintiffs Julianna Mckenzie, Judith

Hammonds, and Ronnie McGriff are hereby provisionally designated and appointed as the Class

Representative. The Court provisionally finds that the Class Representatives are similarly situated

to absent Settlement Class members, and are typical of the Settlement Class, and, therefore, they

will be adequate Class Representatives.

9. For the purposes of settlement only, the Court finds that Milberg Coleman Bryson

Phillips Grossman, PLLC and Chestnut Cambronne, PA are experienced and adequate counsel and

are provisionally designated as Settlement Class Counsel.

NOTICE TO SETTLEMENT CLASS

10. The forms of the Email Notice, Postcard Notice, and Long Notice, and Claim Form

attached as Exhibits to the Settlement Agreement (the ""Notice"), are constitutionally adequate, and

are hereby approved. The Notice contains all essential elements required to satisfy North Carolina

requirements and Due Process. The Court further funds that the form, content, and method of

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providing notice to the Settlement Class, as described in the Settlement Agreement, including the

exhibits thereto: (a) constitute the best practicable notice to the Settlement Class; (b) are reasonably

calculated to apprise Settlement Class Members of the pendency of the action, the terms of the

settlement, their rights under the settlement, including, but not limited to, their rights to object to

or exclude themselves from the settlement; and (c) are reasonable and constitute due, adequate,

and sufficient notice to all Settlement Class Members. The Parties, by agreement, may revise the

Notice in ways that are appropriate to update the Notice for purposes of accuracy and clarity, and

may adjust the layout of those notices for efficient electronic presentation and mailing.

11. The notice plan set forth in the Settlement Agreement satisfies Civil Procedure Rule

23, provides the best notice practicable under the circumstances and adequately notifies Settlement

Class Members of their rights, and is hereby approved.

12. The Settlement Administrator is directed to carry out the notice plan as set forth in

the Settlement Agreement.

13. Within thirty (30) days of entry of this Preliminary Approval Order and to be

substantially completed not later than forty-five (45) days after entry of this Preliminary Approval,

the Settlement Administrator will send Notice via direct mail to Settlement Class Members. Prior

to the dissemination of the Short Notice, the Settlement Administrator shall establish the

Settlement Website, which will inform Settlement Class Members of the terms of the Settlement

Agreement and contain copies of the Long Notice, Claim Form, this Preliminary Approval Order,

the Settlement Agreement, and the operative complaint.

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 CLAIMS, OPT-OUTS, AND OBJECTIONS
14. The timing of the claims process is structured to ensure that all Settlement Class

Members have adequate time to review the terms of the Settlement Agreement, make a claim, or

decide whether they would like to opt-out or object.

15. Settlement Class members will have one hundred and twenty (135) days after the

entry of the Preliminary Approval Order to complete and submit a claim to the Settlement

Administrator.

16. All Persons have the right and ability to exclude themselves from the Settlement

Class. In order to validly be excluded from the Settlement, the Person must send a letter to the

Claims Administrator no later than ninety (90) days after the date on which the Preliminary

Approval Order is entered clearly stating their intent to be excluded from the settlement. If the opt-

out is untimely or otherwise fails to comply with any of the provisions in the Settlement

Agreement, it shall not be considered a valid opt-out and the Person will be bound by the terms of

the Settlement Agreement and Judgment entered thereon. All Persons who submit valid and timely

notices of their intent to be excluded from the Settlement Class shall not receive any benefits of

and/or be bound by the terms of this Settlement Agreement.

17. Settlement Class members who comply with the requirements of this paragraph

may object to the settlement. A Settlement Class Member who seeks to object to the settlement

must submit a timely written notice of their objection by the objection date. Such written notice

must state: (i) the objector's full name, address, telephone number, and email address (if any); (ii)

the case name and case number; (iii) information identifying the objector as a Settlement Class

Member, including proof that the objector is a member of the Settlement Class (e.g., copy of

original notice of the Data Breach or a statement explaining why the objector believes he or she is

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a Settlement Class Member); (iv) a written statement of all grounds for the objection, accompanied

by any legal support for the objection the objector believes applicable; (v) the identity of all counsel

representing the objector in connection with the objection; (vi) a statement whether the objector

and/or his or her counsel will personally appear at the Final Fairness Hearing; and (vii) the

objector's signature or the signature of the objector's duly authorized attorney or other duly

authorized representative.

18. To be timely, written notice of an objection in the appropriate form must mailed,

with a postmark date no later than the Objection Date, to Proposed Class Counsel and to

Defendant's counsel as set forth below. For all objections mailed to Proposed Class Counsel and

counsel for Defendant, Proposed Class Counsel will file them with the Court with the Motion for

Final Approval of the Settlement.

19. Any Settlement Class Member who fails to comply with the requirements for

objecting herein and in the Settlement Agreement shall waive and forfeit any and all rights he or

she may have to appear separately and/or object to the Settlement Agreement, and shall be bound

by all the terms of the Settlement Agreement and by all proceedings, orders, and judgments in this

Litigation. Without limiting the foregoing, any challenge to the Settlement Agreement, the final

order approving the Settlement Agreement, or the Judgment to be entered upon final approval shall

be pursuant to appeal under the North Carolina Rules of Appellate Procedure and not through a

collateral attack.

ADMINISTRATION OF THE SETTLEMENT

20. Class Counsel and Counsel for Defendant have created a process for assessing the

validity of claims and a payment methodology to Settlement Class Members who submit Valid

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Claims. The Court hereby preliminarily approves the settlement benefits to the settlement Class,

and the plan for distributing settlement benefits as described in the Settlement Agreement.

21. The Court appoints Angeion Group as the Settlement Administrator.

22. The Court directs the Settlement Administrator to effectuate the distribution of

settlement benefits according to the terms of the Settlement Agreement should the settlement be

finally approved.

23. Settlement Class Members who qualify for Settlement benefits and who wish to

submit a Claim Form shall do so in accordance with the requirements and procedures specified in

the Notice.

24. If Final Judgment is entered, all Settlement Class members who fail to submit a

claim in accordance with the requirements and procedures specified in the Notice shall be forever

barred from receiving any settlement benefit and will in all other respects be subject to and bound

by the provisions of the Settlement Agreement, including the Releases contained therein, and the

Judgment.

25. Prior to the Final Fairness Hearing, Class Counsel shall cause to be filed with the

Court an appropriate affidavit or declaration regarding compliance with the provisions of the

Settlement Agreement relating to the notice program.

FINAL FAIRNESS HEARING

26. A Final Fairness Hearing shall be held not less than 120 days following the entry

of this Preliminary Approval Order, to wit, on , 2025, at at the

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North Carolina Superior Court of Robeson County Courthouse, to be noticed on the Settlement

Website.

27. The Court may require or allow the Parties and any objectors to appear at the Final

Fairness Hearing by telephone or videoconference.

28. At the Final Fairness Hearing, the Court will determine whether: (1) this Litigation

should be finally certified as a class action for settlement purposes pursuant to Civil Procedure

Rule 23; (2) the settlement should be finally approved as fair, reasonable, and adequate; (3) Class

Counsel's application for attorneys' fees, costs, and expenses should be approved; (4) the Class

Representative's request for a service award should be approved; (5) the Parties, their respective

attorneys, and the Settlement Administrator should consummate the settlement in accordance with

the terms of the Settlement Agreement; (6) Settlkement Class Members should be bound by the

Releases set forth in the Settlement Agreement; and (7) the Litigation should be dismissed with

prejudice pursuant to the terms of the Settlement Agreement.

29. Plaintiffs' application for attorneys' fees, costs, expenses, and service awards and

all supporting papers shall be filed with the Court no later than fourteen (14) days prior to the

Objection Deadline.

30. Plaintiffs' Motion for Final Fairness of the Class Action Settlement and all

supporting papers shall be filed with the Court no later than fourteen (14) days prior to the Final

Fairness Hearing.

RELEASE
31. Upon the Effective Date, each Settlement Class Member, including Plaintiffs, shall

be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever

released, relinquished, and discharged all Released Claims and Unknown Claims. Further, upon

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the Effective Date, and to the fullest extent permitted by law, each Settlement Class Member,

including Plaintiffs, shall either directly, indirectly, representatively, as member of or on behalf

of the general public or in any capacity, be permanently barred and enjoined from commencing,

prosecuting, or participating in any recovery in any action in this or any other forum (other than

participating in the settlement as provided herein) in which any of the Released Claims is asserted.

TERMINATION

32. In the event that the Effective Date does not occur, class certification shall be

automatically vacated and this Preliminary Approval Order, and all other orders entered and

releases delivered in connection herewith, shall be vacated and shall become null and void.

SUMMARY OF DEADLINES

33. The preliminarily approved Settlement shall be administered according to its terms

pending the Final Fairness Hearing. Deadlines arising under the settlement and this Preliminary

Approval Order include, but are not limited to:

Notice Commencement Data Thirty (30) days following the entry of the
preliminary approval order.
Notice Completion Date Forty-five (45) days following the entry of the
preliminary approval order
Deadline for Plaintiffs to File Motion for Fourteen (14) days prior the Objection & Opt-
Attorneys' Fees, Costs, Expenses, and Out Deadlines
Service Award for Class Representative
Objection Deadline and Opt-Out Deadline Sixty (60) days after Notice Commencement
Date
Claims Deadline Ninety (90) days after Notice Completion Date

Deadline for Plaintiffs to File Motion for 14 Days prior to Final Approval Hearing
Final Approval of Class Action Settlement
Final Approval Hearing No earlier than one hundred and sixty five
(165) days after entry of Preliminary Approval
Order.

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 34. Upon application of the Parties and good cause shown, the deadlines set forth in

this Preliminary Approval Order may be extended by order of the Court, without further notice to

the Settlement Class. Settlement Class Members must check the Settlement Website regularly for

updates and further detail regarding extensions of these deadlines. The Court reserves the right to

adjourn or continue the Final Fairness Hearing, and/or to extend the deadlines set forth in this

Preliminary Approval Order, without further notice of any kind to the Settlement Class.

ORDERED
3/24/2025 3/24/2025 2:51:15 PM

Hon.

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database and can be found in this post: $750K Robeson Health Care Settlement
Resolves Lawsuit Over 2023 Data Breach Incident