Frequently Asked Questions



Basic Information

1. Why was the Notice issued?

The Superior Court of King County, Washington, authorized the Notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.

The lawsuit is called Murrillo v. OBI Seafoods, LLC, Case No. 26-2-04282-9 SEA. It is pending in the Superior Court of King County, Washington. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, OBI Seafoods, LLC, is called the “Defendant.”

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2. What is this lawsuit about?

This lawsuit alleges that during the August 2024 targeted cyberattack on OBI's computer systems, certain files that contained private information were accessed. These files may have contained personal information such as names; Taxpayer ID and/or Social Security number; address; demographic information; date of birth; medical information; health insurance and claims information; government identifiers (e.g., driver’s license); and bank account information.

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3. What is a class action?

In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out of the Settlement. In this Settlement, the Class Representatives are Mariela Murrillo; Tara Hamlin; and Carly Dunn. Everyone included in this Action are the Class Members.

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4. Why is there a settlement?

The Court did not decide whether the Plaintiffs or the Defendant are right. Both sides have agreed to a settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.

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Who is in the Settlement?

5. Who is included in the Settlement?

The Court has defined the Class this way: “All individuals residing in the United States who were sent notice of the Data Incident involving their Affected Information.”

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6. Are there exceptions to being included?

Yes. Excluded from the Class are: (1) OBI and its officers, directors, and related companies; (2) governmental entities; and (3) the Judge in this case, and the Judge’s family and staff.

If you are not sure whether you are a Class Member, you can ask for free help any time by contacting the Settlement Administrator at:

OBI Data Incident Settlement
c/o Settlement Administrator
PO Box 25191
Santa Ana, CA 92799-9958
Email: info@OBISeafoodsDataSettlement.com
Call toll free, 24/7: (833) 421-7242

You may also view the Settlement Agreement here.

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The Settlement Benefits

7. What does the Settlement provide?

OBI will establish a Settlement Fund of $380,280.00. The Settlement Fund will first be used to pay court-approved attorneys’ fees and costs, Service Award payments for the Plaintiffs, and the costs of administering the Settlement. The net remaining money will be used to pay for the cash benefits described below. The cost of Medical Data Monitoring will be paid separately by the Defendant.

Medical Data Monitoring. All Class Members are eligible to enroll in one year of CyEx Medical Shield Complete. This comprehensive service comes with $1 million of medical identity theft insurance, and includes monitoring for:

  • healthcare insurance ID exposure

  • Medical Record Number (MRN) exposure

  • unauthorized Health Savings Account (HSA) spending

If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.

Cash Benefit Options

  • Cash Payment A – Documented Losses. If you incurred actual, documented out-of-pocket losses due to the Data Incident, you can get back up to $5,000.00. The losses must have occurred between August 16, 2024, and August 20, 2026.

    This benefit covers out-of-pocket expenses like:

    • losses because of identity theft or fraud

    • fees for credit reports, credit monitoring, or freezing and unfreezing your credit

    • cost to replace your IDs

    • postage to contact banks by mail

    You need to send proof, like bank statements or receipts, to show how much you spent or lost. You can also send notes or papers you made yourself to explain or support other proof, but those notes or papers alone are not enough to make a valid claim. Your proof or notes should show that your expenses were because of the Data Incident.

    You cannot claim a payment for expenses that have already been reimbursed by a third party, such as your bank, credit card issuer, or any other third party.

    Cash Payment B – Alternative Cash. Instead of the benefits in Cash Payment A, you may claim a one-time pro rata cash payment.

    It is expected that a significant amount of money will remain in the Settlement Fund after all expenses and all other benefits have been paid. If there are remaining funds, all of this remaining money will be divided equally between everyone who claim Cash Payment B.

    You do not have to provide any proof or explanation to claim this payment.

If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:

OBI Data Incident Settlement
c/o Settlement Administrator
PO Box 25191
Santa Ana, CA 92799-9958
Email: info@OBISeafoodsDataSettlement.com
Call toll free, 24/7: (833) 421-7242

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8. What claims am I releasing if I stay in the Class?

If you stay in the class, you won’t be able to be part of any other lawsuit against OBI about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section XIII) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.

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Submitting a Claim Form for a Settlement Payment

9. How do I submit a claim for a Settlement benefit?

The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:

OBI Data Incident Settlement
c/o Settlement Administrator
PO Box 25191
Santa Ana, CA 92799-9958

You may also contact the Settlement Administrator to request a Claim Form by emailing info@OBISeafoodsDataSettlement.com, or by U.S. mail at the address above.

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10. Are there any important Settlement payment deadlines?

If you are submitting a Claim Form online here, you must do so by August 20, 2026. If you are downloading a Claim Form here and submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than August 20, 2026.

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11. When will the Settlement benefits be issued?

The Court will hold a Final Approval Hearing on September 4, 2026 (see FAQ 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.

Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved.

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The Lawyers Representing You

12. Do I have a lawyer in the case?

Yes, the Court has appointed attorneys Kaleigh N. Boyd of McNaul Ebel PLLC, Mariya Weekes of Milberg PLLC, and Danielle Perry of Mason LLP, to represent you and other Class Members (“Class Counsel”).

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13. Should I get my own lawyer?

You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.

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14. How will Class Counsel be paid?

Class Counsel will ask the Court to approve up to one-third of the Settlement Fund as reasonable attorneys' fees, plus reimbursement of litigation costs. This amount will be paid from the Settlement Fund.

Class Counsel will also ask for Service Award payments of $2,500.00 for each of the Class Representatives. Service Award payments will also be paid from the Settlement Fund.

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Excluding Yourself from the Settlement

15. How do I opt out of the Settlement?

If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion, and is sometimes also called “opting out.” If you opt out, you will not receive Settlement benefits or payment. However, you will keep any rights you may have to sue OBI on your own about the legal issues in this case.

If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.

The deadline to exclude yourself from the Settlement is August 5, 2026.

To be valid, your Request for Exclusion must have the following information:

  1. the name of the Litigation: Murrillo v. OBI Seafoods, LLC, Case No. 26-2-04282-9 SEA, pending in the Superior Court of King County, Washington;

  2. your full name, mailing address, telephone number, and email address;

  3. personal signature;

  4. the words “Request for Exclusion” or a clear and similar statement that you do not want to participate in the Settlement.

You may only exclude yourself—not any other person.

Mail your Request for Exclusion to the Settlement Administrator at:

OBI Data Incident Settlement
ATTN: Exclusion Request
PO Box 25191
Santa Ana, CA 92799-9958

Your Request for Exclusion must be submitted or postmarked by August 5, 2026.

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Commenting on or Objecting to the Settlement

16. How do I tell the Court if I do not like the Settlement?

If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons why you think the Court should not approve the Settlement. The Court will consider your views.

You cannot object if you have excluded yourself from the Settlement (see FAQ 15).

You must provide the following information for the Court to consider your objection:

  1. the name of the Litigation: Murrillo v. OBI Seafoods, LLC, Case No. 26-2-04282-9 SEA, pending in the Superior Court of King County, Washington;

  2. your full name, mailing address, telephone number, and email address;

  3. a clear description of all the reasons you object; include any legal support, such as documents, you may have for your objection;

  4. if you have hired your own lawyer to represent you for this objection, provide their name, bar number, and contact information;

  5. if you or your lawyer have objected in any other cases in the past five years, list the names, courts, the orders ruling on your objections, and civil action numbers for each of those cases;

  6. whether or not you or your lawyer would like to speak at the Final Approval Hearing;

  7. if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both; and

  8. your signature (if you have hired your own lawyer, their signature is not sufficient).

For your objection to be valid, it must meet each of these requirements.

To be considered by the Court, you must file your complete objection with the Clerk of Court by August 5, 2026. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and counsel for Defendants.

Clerk of the Court

Settlement Administrator

Counsel for Defendants

Clerk of the Court
516 Third Avenue, Room E-609
Seattle, WA 98104

OBI Data Incident Settlement
ATTN: Objections
PO Box 25191
Santa Ana, CA 92799-9958

Jad Sheikali
Shook, Hardy & Bacon L.L.P.
111 South Wacker Drive, Suite 4700
Chicago, IL 60606

Class Counsel

Kaleigh N. Boyd
McNaul Ebel PLLC
600 University Street, Suite 2700
Seattle, WA 98101

Mariya Weekes
Milberg, PLLC
333 SE 2nd Avenue, Suite 2000
Miami, FL 33131

Danielle Perry
Mason LLP
5335 Wisconsin Avenue, NW, Suite 640
Washington, DC 20015

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17. What is the difference between objecting and excluding?

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.

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The Court’s Final Approval Hearing

18. When is the Court’s Final Approval Hearing?

The Court will hold a final approval on September 4, 2026, at 9:00 a.m. Pacific Time, in Courtroom 3C of the Superior Court of King County, Washington, at 401 4th Avenue North, Kent, WA 98032.

At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide how Class Counsel should be paid, and whether to award Service Award payments to the Class Representatives. The Court will also consider any objections to the Settlement.

If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see FAQ 16).

The date and time of this hearing may change without further notice. Please check this website for updates.

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

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.

If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.

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If I Do Nothing

20. What happens if I do nothing at all?

If you do nothing, you will not receive a benefit from this Settlement, but you will still be bound by it.

You will also give up the rights described in FAQ 8.

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Getting More Information

21. How do I get more information?

This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page.

If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:

OBI Data Incident Settlement
c/o Settlement Administrator
PO Box 25191
Santa Ana, CA 92799-9958
Email: info@OBISeafoodsDataSettlement.com
Call toll free, 24/7: (833) 421-7242

You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 516 Third Avenue, Room E-609, Seattle, WA 98104, or through the KC Script Portal, available at https://dja-prd-ecexap1.kingcounty.gov/home.

Do not contact the Court or Clerk of Court regarding this Settlement

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