Question 1

Why is there a Notice?

Accepted Answer

The Court authorized the Notice to inform you of a proposed Settlement in this
class action lawsuit. You have the right to understand the terms of the
Settlement, as well as your rights and options, before the Court decides whether
to grant final approval.

The Notice explains the nature of the lawsuit, the terms of the proposed
Settlement, who is eligible to receive benefits from this Settlement, a
description of the benefits, and how to obtain those benefits.

Question 2

What is this lawsuit about?

Accepted Answer

The lawsuit is known as Baca, et al. v. Ben E. Keith Company, Cause No.
067-348166-23, pending in the District Court of Tarrant County, Texas, 67th
Judicial District Court (the “Action”).

The Plaintiffs who brought this class action lawsuit and Court-appointed Class
Representatives are Jeremy P. Baca, Dylan Lamoreaux, Peter Salinas, and Curtis
Lane.

The lawsuit was brought against the Ben E. Keith Company (“Defendant”) relating
to the March 2023 Data Security Incident, in which an unauthorized actor
accessed a limited portion of Defendant’s computer network and potentially
gained access to the Private Information of Plaintiffs and Settlement Class
Members.

Private Information includes names, contact information, Social Security
numbers, driver’s license numbers, state identification numbers, financial
account information, health insurance information, or medical information.

The specific legal claims alleged by the Plaintiffs can be viewed in Plaintiffs’
First Amended Class Action Petition
[https://angeion-public.s3.amazonaws.com/www.bekdataincidentsettlement.com/docs/Plaintiffs'+First+Amended+Class+Action+Petition.pdf]
(“Petition”).

Question 3

Why is this a class action?

Accepted Answer

In a class action lawsuit, one or more individuals (called the “Plaintiffs” or
“Class Representatives”) bring claims on behalf of a larger group of people who
have similar claims (the “Settlement Class” or “Settlement Class Members”). The
Court resolves the claims for all Settlement Class Members, except for those who
choose to exclude themselves from (or “opt-out” of) the Settlement Class. Under
the Settlement, “Settlement Class Members” refers to individuals who meet the
Settlement Class definition (See FAQ 5 [/faqs?id=5]) and do not opt out of the
Settlement.

Question 4

Why is there a Settlement?

Accepted Answer

The Plaintiffs and Defendant disagree about the legal claims in this Action. The
Action has not gone to trial, and the Court has not decided in favor of either
the Plaintiffs or the Defendant. Instead, the Plaintiffs and Defendant
(collectively, the “Parties”) agreed to settle the Action after considering the
risks, costs, and uncertainties of continued litigation.

Question 5

How do I know if I am part of the Settlement?

Accepted Answer

The Settlement Class includes all individuals in the U.S. who were sent a Notice
Letter. Notice of this Settlement was mailed to individuals identified as
Settlement Class Members based on information in Defendant’s records.

FAQ

BASIC INFORMATION

WHO IS INCLUDED IN THE SETTLEMENT?

THE SETTLEMENT BENEFITS

HOW TO GET SETTLEMENT BENEFITS—SUBMITTING A CLAIM FORM

THE LAWYERS REPRESENTING YOU

EXCLUDING YOURSELF FROM THE SETTLEMENT

OBJECT TO OR COMMENT ON THE SETTLEMENT

THE FINAL APPROVAL HEARING

IF YOU DO NOTHING

GETTING MORE INFORMATION

BASIC INFORMATION

1. Why is there a Notice?

2. What is this lawsuit about?

3. Why is this a class action?

4. Why is there a Settlement?

WHO IS INCLUDED IN THE SETTLEMENT?

5. How do I know if I am part of the Settlement?

6. Are there exceptions to individuals who are included in the Settlement Class?

7. What if I am still not sure whether I am part of the Settlement?

THE SETTLEMENT BENEFITS

8. What does the Settlement provide?

9. What else does the Settlement provide for?

10. What am I giving up in order to stay in the Settlement Class?

11. What are the Released Claims?

HOW TO GET SETTLEMENT BENEFITS—SUBMITTING A CLAIM FORM

12. How do I make a claim for Settlement Class Member Benefits?

13. Can I request a Claim Form?

14. What happens if my contact information changes after I submit a Claim Form?

15. When and how will I receive the Settlement Class Member Benefits?

THE LAWYERS REPRESENTING YOU

16. Do I have a lawyer in this case?

17. How will Class Counsel be paid?

EXCLUDING YOURSELF FROM THE SETTLEMENT

18. How do I get out of the Settlement?

19. If I exclude myself, can I still receive Settlement Class Member Benefits?

20. If I do not exclude myself, can I sue the Defendant for the same thing later?

OBJECT TO OR COMMENT ON THE SETTLEMENT

21. How do I tell the Court that I do not like the Settlement?

22. What is the difference between objecting and requesting exclusion?

THE FINAL APPROVAL HEARING

23. When and where will the Court decide whether to approve the Settlement?

24. Do I have to come to the Final Approval Hearing?

25. May I speak at the Final Approval Hearing?

IF YOU DO NOTHING

26. What happens if I do nothing at all?

GETTING MORE INFORMATION

27. How do I get more information?