Denwood, Capriles, Snider and DeBate v Peachtree Orthopaedic Clinic

IN THE SUPERIOR COURT OF FORSYTH COUNTY

STATE OF GEORGIA
Case No. 23-CV-1234-3

  • A class action settlement has been reached in the case of Denwood, et al. v. Peachtree Orthopaedic Clinic, P.A., Case No. 23-CV-1234-3, pending in the Superior Court of Georgia, Forsyth County, before the Honorable Judge Philip C. Smith.
  • The lawsuit arises out of a cybersecurity incident that Peachtree Orthopaedic Clinic, P.A. (“Peachtree” or “Defendant”) discovered around April 20, 2023 (the “Incident”). During the course of its investigation, Peachtree determined between April 14, 2023 and April 20, 2023, an unauthorized party gained access to certain files on its network. In July 2023, Peachtree sent Plaintiffs and other Class Members written notice of the incident. Peachtree denies wrongdoing and liability in connection with the allegations in the lawsuit. A full copy of the Complaint may be reviewed HERE.
  • On November 12, 2024, the Court preliminarily approved this settlement (the “Settlement”) and, by agreement of the parties to the lawsuit (the “Parties”), certified this lawsuit to proceed as a class action for settlement purposes only. A full copy of the Settlement Agreement may be reviewed HERE.
  • If Peachtree sent you notice in or around July 2023 stating that your personal identifiable information was involved in the Incident, you are a member of the Settlement Class. Excluded from the Settlement Class are all those persons who timely and validly request exclusion from the Settlement Class, as well as: any judge presiding over this matter and any members of their first-degree relatives, judicial staff, Peachtree’s officers, and directors, and members.
  • If you are a Settlement Class Member, then you may be entitled to compensation and other benefits under the terms of the Settlement. If you are a Settlement Class Member and you wish to file a claim, object to the Settlement, or exclude yourself from the Settlement, you must follow the procedures contained in the Settlement Agreement and outlined in the Notice.
  • The Notice is to advise you of the status of the lawsuit, the terms of the proposed Settlement, and your rights in connection with the Settlement. This is not a lawsuit against you.
  • Your legal rights related to this lawsuit are affected whether you act or don’t act.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

ACTION

EXPLANATION

DUE DATE

DO NOTHING

You will be included in the Settlement Class but receive no benefits. You will be bound by the Court’s judgment of dismissal and will release claims against Peachtree/Released Entities relating to the Incident.

No deadline
SUBMIT A CLAIM FORM

Settlement Class Members can choose to submit a Claim Form to receive Settlement benefits. You must submit a Valid Claim to the Claims Administrator to receive any benefits from this Settlement.

You will be bound by the Court’s judgment of dismissal and will release claims against Peachtree/Released Entities relating to the Incident.

March 12, 2025

ASK TO BE EXCLUDED

If you choose to exclude yourself (i.e., opt out), you will not be included in the Settlement. You will receive no benefits and you will not release any claims you may have against Peachtree /Released Entities relating to the Incident.

February 10, 2025
OBJECT

If you wish to object to the Settlement, you must timely submit written notice of your objection to the Clerk of the Court, and send a copy of your objection to the attorneys for the Parties. If you exclude yourself from the Settlement, you cannot file an objection. Settlement Class Members who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be heard or have the right to appeal approval of the Settlement. If you file an objection and wish it to be considered, you must also appear at the Final Fairness Hearing, in-person or through counsel, to show cause as to why the proposed Settlement should not be approved as fair, reasonable, and adequate.

February 10, 2025