Merrell v. 1st Lake Properties, Inc.

 Merrell v. 1st Lake Properties, Inc.

Case No. 2:23-CV-01450

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF LOUISIANA

If You Previously Received a Notice Letter Notifying You of the Data Incident, 1st Lake Properties Discovered in December 2021, You Could be Eligible for a Payment from a Class Action Settlement

What is thiS Lawsuit about?

The lawsuit claims that Defendant was responsible for the Data Incident and asserts claims for negligence and violations of the Louisiana Database Security Breach Notification Law.

Defendant denies these claims and says it did not do anything wrong. No court or other judicial entity has made any judgment or other determination that Defendant has any liability for these claims or did anything wrong.

Who is in the Settlement?

You are affected by the Settlement and potentially a member of the Class if you reside in the United States and you previously received notice from 1st Lake Properties that your PII may have been compromised in connection with the Data Incident.

Only Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Class are:

  • The judges presiding over this Litigation, and members of their direct families;
  • The Defendant, their subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or their parents have a controlling interest, and their current or former officers and directors;
  • Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.

What payments are available for reimbursement under the Settlement?

Class Members who submit a claim are eligible to receive:

a) Reimbursement of actual, documented, Unreimbursed Economic Losses resulting from the Data Incident (up to $10,000.00 in total), upon submission of a claim and supporting documentation, for unreimbursed ordinary and/or extraordinary economic losses incurred as a result of the Data Incident, including, without limitation, unreimbursed losses relating to:

  • Fraud or identity theft;
  • Professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services;
  • Costs associated with freezing or unfreezing credit with any credit reporting agency;
  • Credit monitoring costs that were incurred on or after the Data Incident through the date of claim submission; and
  • Miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.

b) A potential cash payment of the remainder funds, which is estimated to be $50.00 but may be adjusted upward or downward pro rata based on how many other claims are made.

AND

c) Credit Monitoring Services – You may also submit a claim for two years of three-bureau credit monitoring.

How do you submit a claim?

To receive a benefit under the Settlement, you must complete and submit a claim for that benefit (a “Claim”). Every Claim must be made on a form (“Claim Form”), under the Claim Form tab on this website, or by calling 1-844-979-7303.

A Claim Form will also be sent to Class Members as part of the postcard notice that will be mailed to Class Members.

Read the instructions carefully, fill out the Claim Form, provide the required documentation, and submit it according to the instructions on the Claim Form.

You may also submit your claim electronically by using the “File A Claim” tab above and entering the Class Member ID and PIN provided in the notice mailed to you.

Summary of Legal Rights

Action Summary of Legal Rights Deadline(s)
Submit a Claim Form The only way to receive payment. Submitted online or Postmarked on or Before September 19, 2025
Exclude Yourself By Opting Out of the Class Receive no payment. This is the only option that allows you to keep your right to bring any other lawsuit against Defendant for the same claims if you are a Class Member. Submitted or Postmarked on or Before August 20, 2025
Object to the Settlement and/or Attend the Fairness Hearing You can write the Court about why you agree or disagree with the Settlement. The Court cannot order a different Settlement. You can also ask to speak to the Court at the Final Approval Hearing on November 6, 2025 about the fairness of the Settlement, with or without your own attorney. Received on or Before August 20, 2025
Do Nothing Receive no payment. Give up rights if you are a Class Member. No Deadline

Your rights and options as a Class Member – and the deadlines to exercise your rights – are explained in the Long Form Notice.

When and where will the Court decide whether to approve the settlement?

The Court will hold a Final Approval Hearing at 10:30 a.m. CT on November 6, 2025, at United States District Court, Eastern District of Louisiana, Hale Boggs Federal Building, Room C279 500 Poydras Street, New Orleans, LA 70130, or by remote or virtual means as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, then the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees and reasonable expenses, and service award. After the hearing the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommend checking www.1stlakedatasettlement.com or calling 1-844-979-7303.

Any potential Claimant who loses or does not receive a Class Member ID and PIN may call the Settlement Administrator, and upon validation of their status as a Settlement Class Member by the Settlement Administrator, have their login credentials issued or re-issued (as the case may be). Alternatively, a potential Claimant who lacks login credentials may submit a Claim Form for consideration to the Settlement Administrator in paper format by mail

DO NOT CONTACT THE COURT DIRECTLY IF YOU HAVE QUESTIONS ABOUT THE SETTLEMENT.

Please contact the Settlement Administrator or Class Counsel if you have any questions about the Settlement.