King’s Seafood Class Action Settlement – Frequently Asked Questions

The Court authorized the Notice because you have a right to know about the proposed Settlement in this class action and about all of your options before the Court decides whether to give “final approval” to the Settlement. The Notice explains the legal rights and options that you may exercise before the Court decides whether to approve the Settlement.

Judge Cormac J. Carney of the United States District Court for the Central District of California is overseeing this case.  The case is known as Jonathan Bowdle v. King’s Seafood Company, LLC, No. 8:21-cv-01784-CJC-JDE (the “Lawsuit”).  The person who sued is called the Plaintiff. King’s Seafood is called the Defendant.

Plaintiff claims King’s Seafood was responsible for the increased risk of identity theft stemming from the Data Security Incident and asserts claims including: (i) negligence; (ii) breach of implied contract; (iii) invasion of privacy; (iv) breach of confidence; (v) unjust enrichment; (vi) violation of the Nevada Deceptive Trade Practices Act; and (vii) violation of the Nevada Data Breach Law. The Lawsuit seeks, among other things, payment for persons who were injured by the Data Security Incident.

King’s Seafood has denied and continues to deny all of the claims made in the Lawsuit, as well as all charges of wrongdoing or liability against it.

In a class action, one or more people called “Plaintiff(s)” or “Representative Plaintiff(s)” (in this case, Jonathan Bowdle) sue(s) on behalf of all people who have similar claims.  Together, all these people are called a “class” or “class members.”  One court and one judge resolve the issues for all class members, except for those who exclude themselves from the class.

The Court did not decide in favor of Plaintiff or King’s Seafood.  Instead, the Plaintiff negotiated a Settlement with King’s Seafood that allows both Plaintiff and King’s Seafood to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of trial and appeals.  It also allows Settlement Class Members to obtain benefits without further delay. The Representative Plaintiff and his attorneys believe the Settlement is best for all Settlement Class Members.  The Settlement does not mean that King’s Seafood did anything wrong.

You are part of this Settlement as a Class Member if King’s Seafood sent you a notice of the Data Security Incident announced by King’s Seafood in or about August 2021.

Specifically excluded from the Class are: (i) King’s Seafood and King’s Seafood’s parents, subsidiaries, affiliates, and any entity in which King’s Seafood has a controlling interest; and (ii) all judges assigned to hear any aspect of this Litigation as well as their immediate family members.

If you are not sure whether you are included in the Settlement, or have any other questions related to the Settlement, you may:

1. Call: 1-888-232-9896
2. Email: KingsSeafoodClassAtionSettlement@atticusadmin.com; or
3. Write to: 
Bowdle v. King’s Seafood Settlement
c/o Atticus Administration
P.O. Box 64053
St. Paul, MN 55164

Please do not contact the Court with questions.

There are two types of cash payments available: (1) ordinary expense reimbursement and compensation for lost time (up to a total of $450); and (2) extraordinary losses reimbursement (up to a total of $3,000). You may submit a claim for any of the above-listed remedies. To claim each type of remedy, you must provide information and documentation with the Claim Form.  King’s Seafood has agreed to pay up to $350,000 in the aggregate for these cash payments.  Therefore, if the total of all valid claims for cash payments exceeds $350,000, payments will be reduced pro rata.

In addition to the payments listed above, the Settlement also provides all Settlement Class Members with access to Identity Defense Complete identity protection and credit monitoring services for a period of two (2) years upon the filing of a timely and valid Claim Form.  Settlement Class Members will be able to begin receiving Identity Defense Complete services on the Effective Date of the Settlement with the period to begin the services to continue for 90 days thereafter. 

King’s Seafood has also agreed, for a period of 36 months beginning in July 2021, that it has and will continue to undertake certain reasonable steps to enhance the security deployed to secure access to its data network.  These steps are delineated in the Settlement Agreement HERE.  King’s Seafood estimates the cost or value of these enhancements will exceed $500,000.

Ordinary Out of Pocket Expenses and Lost Time Reimbursement: Qualified Class Members are eligible to claim reimbursement of up to $450 per person for their documented out-of-pocket expenses resulting from the Data Security Incident and compensation for time spent dealing with the Data Security Incident.  The types of out-of-pocket expenses that will be reimbursed are:

Costs incurred associated with accessing or freezing/unfreezing credit reports with any credit reporting agency or other entity;

Other expenses incurred, namely, postage, copying, scanning, faxing, mileage and other travel-related charges, parking, notary charges, research charges, cell phone charges (only if charged by the minute), long distance phone charges, data charges (only if charged based on the amount of data used), bank fees, accountant fees, and attorneys’ fees, all of which must be fairly traceable to the Data Security Incident and must not have been previously reimbursed by a third party; and

Fees for credit reports, credit monitoring, or identity theft insurance products purchased between June 4, 2021 and January 20, 2023; and

Up to 3 hours of lost time at $20/hour for time spent dealing with the Data Security Incident.

Extraordinary Losses Reimbursement:  Qualified Settlement Class Members who suffered actual identity theft are eligible to claim reimbursement of up to $3,000 per person for their documented and unreimbursed loss if the loss (1) is fairly traceable to the Data Security Incident; (2) occurred between June 4, 2021 and January 20, 2023; and (3) the loss is not already covered and the claimant made reasonable efforts to mitigate the loss.

To receive a payment and identity protection and credit monitoring services from the Settlement, you must complete a Claim Form. You may file online HERE or download a copy of the Claim Form HERE, or you may request to receive one by mail by calling 1-888-232-9896. To complete the Claim Form, please read the instructions carefully, fill out the Claim Form, provide reasonable documentation (where applicable), and submit your Claim online or mail it postmarked no later than January 20, 2023 to:

Bowdle v. King’s Seafood Settlement
c/o Atticus Administration
P.O. Box 64053
St. Paul, MN 55164

The Claims Administrator will initially decide whether the information provided on a Claim Form is complete and valid.  The Claims Administrator may request additional information from any claimant.  If the claimant does not timely provide the required information, the Claim will be considered invalid and will not be paid.  If the claim is rejected in whole or in part, for any other reason, then the Claims Administrator shall refer the claim to the Representative Plaintiff’s and King’s Seafood’s counsel for a determination.

You do not have to do anything to remain in the Settlement, but if you want a payment and/or identity protection and credit monitoring services, you must submit a Claim Form postmarked or submitted online by January 20, 2023.

By not timely opting-out of the Class, all of the Court’s orders will apply to you, and you give King’s Seafood a “Release.” A Release means you cannot sue or be part of any other lawsuit against King’s Seafood about the claims or issues in this lawsuit (relating to the Data Security Incident), and you will be bound by the Settlement. The specific claims you are giving up against King’s Seafood and related persons or entities are called “Released Claims.” The Released Claims are defined in Sections 1.23, 1.24 and 1.31 and described in Section VIII of the Settlement Agreement, which is available under the Settlement Documents HERE. The Settlement Agreement describes the Released Claims with specific and accurate legal descriptions, so read it carefully.

No.  If you exclude yourself, you will not be entitled to any benefits of the Settlement.  You will also not be bound by any judgment in this case.

No.  Unless you exclude yourself, you give up any right to sue King’s Seafood for the Claims that this Settlement resolves.  You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case.  If you exclude yourself, do not submit a Claim Form to ask for a payment.

To exclude yourself from the Settlement, send a letter that says you want to be excluded from the Settlement in Jonathan Bowdle v. King’s Seafood Company, LLC, No. 8:21-cv-01784-CJC-JDE (C.D. Cal.) (“Exclusion Request”).  Include your name, address, and signature.  You must mail your Exclusion Request postmarked by December 21, 2022 to:

Bowdle v. King’s Seafood Settlement
c/o Atticus Administration
P.O. Box 64053
St. Paul, MN 55164

Yes.  The Court appointed M. Anderson Berry of Clayeo C. Arnold, A Professional Law Corp. and Rachele R. Byrd of Wolf Haldenstein Adler Freeman & Herz LLP to represent you and other Settlement Class Members. These lawyers are called Settlement 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, Settlement Class Counsel will will ask the Court to award combined attorneys’ fees and costs in the amount of $192,500.  Settlement Class Counsel will also request approval of a service award to the Representative Plaintiff in the amount of $1,750.  If approved, these amounts, as well as the costs of notice and Settlement administration, will be paid separately by King’s Seafood and will not reduce the amount of total payments available to Settlement Class Members.

If you are a Settlement Class Member, you can object to the Settlement if you do not like it or some part of 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 or email copies to Class Counsel and King’s Seafood’s counsel a written notice stating that you object to the Settlement. Your objection must include all of the following information: (i) your full name and address; (ii) the case name and docket number – Jonathan Bowdle v. King’s Seafood Company, LLC, No. 8:21-cv-01784-CJC-JDE (C.D. Cal.); (iii) proof that you are a member of the Settlement Class (e.g., copy of your Settlement Notice, a copy of original notice of the Data Security Incident, or a statement explaining why you believe you are a Settlement Class member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection you believe applicable; (v) the identity of any and all counsel representing you in connection with the objection; (vi) a statement whether you and/or your counsel will appear at the Final Approval Hearing; and (vii) your signature or the signature of your duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection.

Your written notice of an objection, in the appropriate form, must be either (1) filed with the Court through the Court’s ECF system by December 21, 2022, with service on Settlement Class Counsel and King’s Seafood’s counsel made through the ECF system; or (2) filed with the Court by December 21, 2022 by mailing it to Clerk of Court, United States District Court for the Central District of California, Ronald Reagan Federal Building and United States Courthouse, 411 West Fourth Street, Santa Ana, CA, 92701-4516 with copies mailed to Settlement Class Counsel and King’s Seafood’s counsel at:

Class Counsel Counsel for King’s Seafood
M. Anderson Berry
Clayeo C Arnold,
A Professional Law Corp.
865 Howe Avenue
Sacramento, CA 95825
aberry@justice4you.com

Rachele R. Byrd
Wolf Haldenstein Adler Freeman & Herz LLP
750 B Street, Suite 1820
San Diego, CA 92101
byrd@whafh.com

Jon P. Kardassakis
Lewis Brisbois Bisgaard & Smith LLP
633 West 5th Street, Suite 4000
Los Angeles, CA 90071
Jon.Kardassakis@lewisbrisbois.com

Objecting is telling the Court that you do not like the Settlement and why you do not think the Court should approve it.  You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not 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 will hold a Final Approval Hearing on February 13, 2023 at 1:30 p.m. in the Ronald Reagan Federal Building and United States Courthouse, 411 West Fourth Street, Courtroom 9 B, Santa Ana, CA, 92701-4516. 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. The Court will also decide whether to approve fees and costs to Settlement Class Counsel, and the service award to the Representative Plaintiff.

No.  Settlement Class Counsel will present the Settlement Agreement to the Court.  You or your own lawyer are welcome to attend at your own expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time with the Court and served it according to the instructions provided above, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file and serve an objection according to the instructions above, including all the information required. 

If you do nothing, you will get no monetary benefits from this Settlement. Once the Court grants the Settlement final approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against King’s Seafood about the legal issues in this case, ever again.

You must exclude yourself from the Settlement if you want to retain the right to sue King’s Settlement for the claims resolved by this Settlement.

The Notice only provides a summary of the proposed Settlement.  You can find complete details about the Settlement in the Settlement Agreement available HERE You may also:

1.    Write to:

Bowdle v. King’s Seafood Settlement
c/o Atticus Administration
P.O. Box 64053
St. Paul, MN 55164

2.    Call the toll-free number: 1-888-232-9896

3.    Send an email: KingsSeafoodClassActionSettlement@atticusadmin.com.