The Court authorized the Notice to inform you about a proposed Settlement with Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.
Judge Peter J. Wilson of the Superior Court of the State of California for the County of Orange is overseeing this class action. The case is called Flores v. Don Roberto Jewelers, Inc., Case No. 30-2021-01212035-CU-NP-CXC (the “Action”).
The person who filed the lawsuit, Esteban Flores, is the Plaintiff or Class Representative. The company he sued, Don Roberto Jewelers, Inc., is the Defendant.
A class action is a lawsuit in which one or more plaintiffs—in this case, Esteban Flores—sue on behalf of a group of people who have similar claims. Together, this group is called a “Class” and consists of “Class Members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class. After the Parties reached an agreement to settle this case, the Court granted preliminary approval of the Settlement and recognized it as a case that should be treated as a class action for settlement purposes.
THE CLAIMS IN THE LAWSUIT AND THE SETTLEMENT
The Plaintiff claims that Defendant failed to implement and maintain reasonable security measures to protect customer and employee PII in its possession, in order to prevent the Data Breach from occurring.
Defendant denies that it is or can be held liable for the claims made in the lawsuit. More information about the complaint in the lawsuit and Defendant’s responses can be found on the “Important Documents” page.
The Court has not decided whether the Plaintiffs or Defendant should win this case. Instead, both sides agreed to this Settlement. That way, they can avoid the uncertainty, risks, and expense of ongoing litigation, and Settlement Class Members will get compensation now rather than years later—if ever. The Class Representative and Class Counsel, attorneys for the Settlement Class Members agree the Settlement is in the best interests of the Settlement Class Members. The Settlement is not an admission of wrongdoing by the Defendant.
WHO’S INCLUDED IN THE SETTLEMENT
You are part of the Settlement as a Settlement Class Member if you had an address on file in Defendant’s business records at the time of the Data Breach and your PII was subjected to the Data Breach. Eligible Settlement Class Members will have been mailed notice of their eligibility (including from Don Roberto Jewelers Data Breach Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103), and Settlement Class membership will be verified against that mailed list. Not all Don Roberto customers and employees are Settlement Class Members.
If you are still not sure whether you are included, you can contact the Settlement Administrator by calling 1-888-431-1006 or emailing info@JewelrySettlement.com.
This Settlement Class does not include (a) any Judge assigned to this Action and members of their immediate families; (b) Defendant, Defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which Defendant has a controlling interest, and any of their current or former officers, directors, employees, representatives, managers, members, and any other person acting for or on behalf of Defendant; (c) persons who properly execute and file a timely request for exclusion from the Settlement Class; (d) persons who have been separately represented by counsel for matters of, and have settled and released claims related to the Data Breach with Defendant.
THE SETTLEMENT BENEFITS
This Settlement provides eligible Settlement Class Members with (1) for California residents at the time of the Data Breach, a cash payment of seventy-five dollars ($75.00) not to exceed seven hundred fifty dollars ($750.00) if funds remain, (2) reimbursement of certain Out-of-Pocket Losses, (3) reimbursement for time spent remedying identity theft or other issues related to the Data Breach such as misuse of personal information, credit monitoring, freezing credit reports, and (4) three years of identity theft protection services and three years of identity restoration services.
6.A. Who May Receive a Cash Payment and for How Much?
- California Subclass members who submit a claim form will be eligible for a payment in the amount of seventy-five United States dollars ($75.00) (“Tier One Claim(s)”) subject to the terms below, and drawn from the Tier One Fund.
6.B. Who May Recover for Out-of-Pocket Losses and for How Much?
- Settlement Class members who submit a claim and supporting documentation that they suffered Out-of-Pocket Losses that are fairly traceable to the Data Breach will be eligible for a payment of the amount of loss proven up to five thousand United States dollars ($5,000.00) but not more than the loss proven (“Tier Two Claim(s)”) subject to the terms below. Tier Two Claims may include up to $175 (seven hours at $25.00 per hour) for reimbursement of time spent remedying identity theft, misuse of personal information, credit monitoring, freezing credit reports, and/or other issues related to the Data Breach.
6.C. Potential Pro-Rata Increases of Tier One and/or Tier Two Payments.
- If the total value of verified Tier One Claims does not exceed one million two hundred fifty thousand United States dollars ($1,250,000.00) (“the Tier One Maximum”), then each verified Tier One claimant’s payment will be increased on a pro rata basis up to a maximum of seven hundred and fifty United States dollars ($750.00) subject to the provisions below.
- If the total value of verified Tier Two claims exceeds seven hundred fifty thousand United States dollars ($750,000.00) (the “Tier Two Maximum”) and the total amount of verified Tier One Claims does not exceed the Tier One Maximum, then the excess amounts in Tier One (the “Tier One Residue”) shall be transferred by the Settlement Administrator to the Tier Two Fund up to the amount needed to pay in full the total value of verified Tier Two Claims without reducing each verified Tier One claim award below seventy-five United States dollars ($75.00) per claim (“Tier One Transfer”). If there is any Tier One Residue remaining after the Tier One Transfer, then the Settlement Administrator shall use the remaining Tier One Residue to increase each verified Tier One claimant’s seventy-five United States dollars ($75.00) Tier One payment on a pro rata basis up to a maximum seven hundred and fifty United States dollars ($750.00).
- If the total value of verified Tier Two Claims submitted does not exceed seven hundred fifty thousand United States dollars ($750,000.00) (the “Tier Two Maximum”), then any amount remaining (“Tier Two Residue”) shall be transferred by the Settlement Administrator to Tier One to either decrease the amount of pro rata reduction to each Tier One payment, or to increase each Tier One payment on a pro rata basis but not to exceed a total value for each verified Tier One claim above $750.00 (“Tier Two Transfer”). If there are any funds remaining in the Tier Two Fund after the Tier Two Transfer (if any), then such funds shall be used to increase each verified Tier Two Claim on a pro rata basis. If the total amount of verified Tier Two Claims exceeds the Tier Two Maximum plus the Tier One Transfer (if any), payments to verified Tier Two claimants will be reduced on a pro rata basis.
- If the total value of verified Tier One Claims exceeds the Tier One Maximum and there is no Tier Two Residue, each Tier One claimant will have their seventy-five United States dollars ($75.00) Tier One payment reduced on a pro rata basis.
- For complete details, please see the Settlement Agreement, whose terms control. Claims will be subject to a verification process and will be denied if they do not meet the verification requirements. The Settlement Administrator will post additional information about the payment amount on this website, if necessary.
6.D. Who may receive three years of identity theft protection and three years of identity restoration services?
- Under Tier Three of the Settlement Agreement, all Settlement class members are eligible to enroll for a period of 3 years in Financial Shield, an identity theft protection service provided by Aura. All Settlement class members are also eligible to enroll for a period of 3 years in identity restoration services, also provided by Aura.
Maximum Settlement Contribution: Under this Settlement, the maximum total amount Defendant may be required to pay is four million dollars ($4,000,000.00). This maximum includes the combined two million dollars ($2,000,000.00) Defendant will transfer to the Settlement Administrator for the funding of the Tier One Fund and the Tier Two Fund (as described in the Settlement Agreement), the costs of identity protection services and identity restoration services under Tier Three, attorneys’ fees, costs, and expenses awarded by the Court to Class Counsel, any awarded class representative service award, and notice and administrative costs to provide the Settlement. In no event shall Defendant’s total financial obligation under this Settlement exceed four million dollars ($4,000,000.00). In addition to the payments described above, the $4,000,000 will be used to pay attorney’s fees and costs of up to $1,333,333.33, administration costs of up to $294,667.00, and a service award of up to $1,000.00. Any remaining funds will be distributed 50% to Consumer Watchdog and 50% to Veterans Legal Institute as cy pres recipients.
HOW TO GET BENEFITS
To qualify for a Settlement benefit, you must complete and submit a Claim Form.
Settlement Class Members who want to submit a Claim must fill out and submit a Claim Form online or by mailing it to the Settlement Administrator at Don Roberto Jewelers Data Breach Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. Claim Forms are only available through the Important Documents page of this website. Settlement Class Members may elect to receive payment via a mailed check or electronically via PayPal, Venmo, or Zelle.
Claims will be subject to a verification process. You will need the Unique ID provided with your notice to fill out a Claim Form. All Claim Forms must be received online no later than June 26, 2023.
The hearing to consider the fairness of the Settlement is scheduled for July 20, 2023. If the Court approves the Settlement, eligible Settlement Class Members whose claims were approved by the Settlement Administrator will be sent payment within approximately 45 days after all appeals and other reviews, if any, are completed. Please be patient. Eligible claims will be paid to Class Members electronically unless a Settlement Class Member chooses to receive payment by written check. All checks will expire and become void 90 days after they are issued.
THE LAWYERS REPRESENTING YOU
Yes, the Court has appointed John A. Yanchunis of Morgan & Morgan Complex Litigation Group and Daniel S. Robinson of Robinson Calcagnie, Inc. as “Class Counsel.”
Should I get my own lawyer?
You don’t need to hire your own lawyer because Class Counsel are working on your behalf. These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. You can ask your own lawyer to appear in Court for you if you want someone other than Class Counsel to represent you.
Class Counsel will ask the Court for attorneys’ fees, costs, and expenses that will be paid by or on behalf of Defendant separately. Class Counsel will not seek more than one million three hundred thirty-three thousand three hundred thirty-three dollars and thirty-three cents ($1,333,333.33) in attorneys’ fees, costs, and expenses. Class Counsel will also request a Service Award of one thousand dollars ($1,000.00) for the Class Representative. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service award to the Class Representative. The Court may award less than the amounts requested.
YOUR RIGHTS AND OPTIONS
If you do not exclude yourself from the Settlement, you will not be able to sue the Defendant about the issues in this case, and you will be bound by all decisions made by the Court in this case, the Settlement, and its included Release. This is true regardless of whether you submit a Claim Form. You can read the Settlement Agreement on the Important Documents page. However, you may exclude yourself from the Settlement (see Question 14). If you exclude yourself from the Settlement, you will not be bound by any of the Released Claims.
"Released Claims" means any and all claims, demands, rights, actions or causes of action, liabilities, damages, losses, obligations, judgments, suits, penalties, remedies, matters and issues of any kind or nature whatsoever, whether known or unknown, contingent or absolute, existing or potential, suspected or unsuspected, disclosed or undisclosed, matured or unmatured, liquidated or unliquidated, legal, statutory or equitable, that have been or could have been asserted, or in the future might be asserted, resulting from or arising out of the Data Breach, the facts alleged in the Action, or any theories of recovery that were, or could have been, raised in the Action against any of the Released Parties, whether based on federal, state, local, statutory or common law or any other law, rule or regulation. Released Claims shall not include the right of Named Plaintiff, Settlement Class Member or any Released Person to enforce the terms of the Settlement Agreement and claims not arising from the facts alleged in the Action. The Released Claims do not include any claims arising from or relating to any conduct by Defendant after the date the Agreement is executed. The Released Claims shall also not include the right of Named Plaintiff, any Settlement Class Member or any Released Person to enforce the terms of the Settlement Agreement.
If you do nothing, you will receive no payment under the Settlement for any losses incurred as a result of the Data Breach. You will be in the Settlement Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, the Settlement, and its included Release. You will be deemed to have participated in the Settlement and will be subject to the provisions of Section 11 above. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendant for the claims or legal issues resolved in this Settlement.
If you exclude yourself from the Settlement, you will receive no benefits or payment under the Settlement. However, you will not be in the Settlement Class and will not be legally bound by the Court’s judgments related to the Settlement Class and Defendant in this class action.
You can ask to be excluded from the Settlement. To do so, you must send a letter or exclusion form stating that you want to be excluded from the Settlement in Flores v. Don Roberto Jewelers, Inc., Case No. 30-2021-01212035-CU-NP-CXC. Your letter must also include (1) your name and address; (2) a statement that you wish to be excluded from the Settlement Class; and (3) your signature.
No later than June 12, 2023, you must submit your letter or exclusion form online through the Settlement Website or mail it to the Settlement Administrator at Don Roberto Jewelers Data Breach Settlement, Attn: Exclusion Request, P.O. Box 58220, Philadelphia, PA 19102.
You cannot exclude yourself by phone or email. Each individual who wants to be excluded from the Settlement must submit his or her own exclusion request. No group opt-outs shall be permitted.
A form to exclude yourself from the Settlement, also called opting-out of the Settlement, will be made available on this website.
No. Unless you exclude yourself, you give up any right to sue Defendant for the claims being resolved by this Settlement even if you do nothing.
No. If you exclude yourself, do not submit a Claim Form to ask for a payment.
If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you do not agree with any part of it. You can give reasons why you think the Court should deny approval by submitting an objection. To object, you must provide written notice to the Settlement Administrator stating that you object to the Settlement in Flores v. Don Roberto Jewelers, Inc., Case No. 30-2021-01212035-CU-NP-CXC no later than June 12, 2023.
The objection must be a) submitted online through the Settlement Website, or b) postmarked no later than June 12, 2023, and mailed first-class postage prepaid to the Settlement Administrator at
Don Roberto Jewelers Data Breach Settlement Administrator
P.O. Box 582220
Philadelphia, PA 19102 The Objection must include i) the case name: Flores v. Don Roberto Jewelers, Inc.; (ii) your full name, address, and telephone number; and (iii) a concise statement for the reasons for the objection.
The Settlement Administrator will provide copies of the objections to Counsel for the Parties. Counsel for the Parties will submit the objections to the Court with the Final Approval Papers.
Class Counsel will file their request for attorneys’ fees, costs, and expenses and Service Award for the Class Representative with the Court, which will also be posted on the Important Documents page.
Objecting simply means 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 from the Settlement Class 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 case no longer affects you.
THE COURT’S FAIRNESS HEARING
The Court will hold the Final Approval Hearing on July 20, 2023, at the Civil Complex Center (CXC) 751 W. Santa Ana Blvd., Santa Ana, CA 92701, Department CX101. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the Service Award to the Class Representative.
Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted on this website or through the Court’s publicly available docket. You should check this website to confirm the date and time have not been changed.
No. Class Counsel will answer any questions the Court may have. But you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. You may also pay a lawyer to attend on your behalf at your own expense, but you don’t have to.
Yes. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed Settlement.
GETTING MORE INFORMATION
The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available on the Important Documents page or by writing to Don Roberto Jewelers Data Breach Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. Court filings in this case may also be accessed from the Orange County Superior Court’s website at https://www.occourts.org/online-services/case-access/. You will need to follow the instructions on the Court’s website for “Civil Case and Document Access.” The simplest way to search for case documents is to search by the case number, which is 30-2021-01212035.
Call 1-888-431-1006, email info@JewelrySettlement.com or write to Don Roberto Jewelers Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
Please Do Not Call the Court, the clerk of the court, the Judge, or the Defendant with Questions about the settlement or Claims Process.