Migliaccio, et al. v. Parker Hannifin Corporation

Frequently Asked Questions

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The Court authorized this notice because you have a right to know about the settlement, and all of your options, before the Court decides whether to give “Final Approval” to the settlement. This notice explains the nature of the lawsuit that is the subject of the Settlement, the general terms of the settlement, and your legal rights and options.

Judge Dan Aaron Polster of the United States District Court for the Northern District of Ohio is overseeing this case captioned as Migliaccio v. Parker Hannifin Corporation, Case No. 1:22-cv-835. The people who brought the lawsuit are called the Plaintiffs. The company being sued, Parker-Hannifin Corporation, is called the Defendant.

The lawsuit claims that Defendant was responsible for the Data Incident and asserts claims such as: negligence; negligence per se; breach of implied contract; unjust enrichment; declaratory relief; violations of the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq.; violations of the Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq.; invasion of privacy under the California Constitution, Article I, Section 1; violations of the Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq.; and violations of the New York General Business Law § 349.

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 on these claims or did anything wrong.

In a class action, one or more people called Class Representatives or representative Plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class, and the individuals are called class members. One Court resolves the issues for all class members, except for those who exclude themselves from the class.
The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agreed to the settlement. The settlement avoids the cost and risk of a trial and related appeals, while providing benefits to members of the Settlement Class (“Settlement Class Members”). The “Class Representatives” appointed to represent the Settlement Class, and the attorneys for the Settlement Class (“Class Counsel,” see Question 18) think the Settlement is best for all Settlement Class Members.

You are affected by the settlement and potentially a member of the Settlement Class if you reside in the United States and your Private Information was compromised in connection with the Data Incident, including if you were mailed a notification by or on behalf of Parker Hannifin on or around May 10, 2022 regarding the Data Incident.

Only Settlement Class Members are eligible to receive benefits under the settlement. Specifically excluded from the Settlement Class is Parker Hannifin and its officers and directors, all Settlement Class Members who timely and validly request exclusion from the Settlement Class, the judge assigned to evaluate the fairness of this settlement, and any other Person found by a Court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.

If you are not sure whether you are included in the settlement, you may call 1-833-630-4779 with questions. You may also write with questions to:

Migliaccio v. Parker Hannifin

c/o Kroll Settlement Administration LLC

PO Box 5324

New York, NY 10150-5324

[email protected]

The settlement provides that Defendant will fund the following payments up to a total of $1,750,000: (a) $25 per hour, up to a total of $100, for Settlement Class Members who attest that the time claimed was actually spent as a result of the Data Incident; (b) up to $5,000 for reimbursement of your documented out-of-pocket expenses reasonably traceable to the Data Incident; and (c) $250 for each verified and documented incident of fraud (included in the cap of $5,000 for unreimbursed expenses) that you incurred.

The settlement also provides that Settlement Class Members who were residents of the State of California at the time of the Data Incident are eligible for an additional benefit of $100 upon submitting a claim and attesting that they were a California resident at the time of the Data Incident.

After the distribution of attorneys’ fees, Class Counsel’s Litigation expenses, Administrative Fees, Service Awards, and settlement benefits to claimants, the Settlement Administrator will make a pro rata settlement payment of $50, subject to adjustment as set forth in the below paragraph, out of any remaining funds to each Class Member who submits a claim for this additional cash payment. No documentation or attestation is required.

The settlement benefits are also subject to pro rata reduction as needed in the event that the total claims exceed the $1,750,000 cap on payments to be made by Defendant, and payments may also be increased on a pro rata basis until the Settlement Fund is distributed. Payment of attorneys’ fees, costs and expenses (see Question 19) and the costs of notifying the Settlement Class and administering the settlement will also be paid out of the settlement.

Also as part of the settlement, Defendant either has undertaken or will undertake certain reasonable steps to further secure its systems and environments.

Settlement Class Members who submit a claim are eligible to receive:

a) Reimbursement of actual, documented, unreimbursed out-of-pocket expenses resulting from the Data Incident (up to $5,000 in total), such as:

• late fees, declined payment fees, overdraft fees, returned check fees, customer service fees, and/or card cancellation or replacement fees;

• late fees from transactions with third parties that were delayed due to fraud or card replacement;

• unauthorized charges on credit, debit or other payment cards that were not reimbursed;

• parking expenses or other transportation expenses for trips to a financial institution to address fraudulent charges or receive a replacement payment card;

• credit freeze fees, or credit monitoring costs that were incurred on or after March 11, 2022; and

• other expenses that are reasonably attributable to the Data Incident that were not reimbursed.

b) Compensation for time spent remedying issues related to the Data Incident, up to the amount of $100.

c) Compensation for verified and documented instances of fraud at $250 per occurrence, up to the amount of $5,000 in total.

d) Compensation of up to $100 for eligible California residents.

e) A potential residual cash payment of the Remainder Funds, which is estimated to be at $50 but may adjusted upward or downward based on how many other claims are made.

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”) available at www.phdatasettlement.com or by calling 1-833-630-4779. Read the instructions carefully, fill out the Claim Form, provide the required documentation, and submit it according to the instructions on the Claim Form.
The Settlement Administrator will decide whether and to what extent any Claim made on each Claim Form is valid. The Settlement Administrator may require additional information. If you do not provide the additional information in a timely manner the Claim will be considered invalid and will not be paid.
The Court will hold a hearing on August 2, 2023, at 2:00 p.m. ET to decide whether to approve the settlement. If the Court approves the settlement, there may be appeals from that decision and resolving them can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed. Please be patient.
The Defendant gets a release from all claims covered by this settlement. Thus, if the settlement becomes Final and you do not exclude yourself from the settlement, you will be a Settlement Class Member and you will give up your right to sue Defendant and other Persons (“Released Parties”) as to all claims (“Released Claims”) arising out of or relating to the Data Incident. This release is described in the Settlement Agreement, which is available at www.phdataettlement.com. If you have any questions you can talk to the law firms listed in Question 18 for free or you can talk to your own lawyer.
No. If you exclude yourself you will not be entitled to receive any benefits from the settlement, but you will not be bound by any Judgment in this case.
No. Unless you exclude yourself, you give up any right to sue Defendant (and any other Released Parties) 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 any benefit under the settlement.

The deadline to submit an Exclusion has passed.

To exclude yourself, send a letter that says you want to be excluded from the settlement in Migliaccio v. Parker Hannifin Corporation, Case No. 1:22-cv-835 (N.D. Ohio). The letter must: (a) state your full name, address, and telephone number; (b) contain your personal and original signature or the original signature of a Person authorized by law to act on your behalf; and (c) state unequivocally your intent to be excluded from the settlement. If your request for exclusion covers a financial account or health insurance plan that includes co-signers or co-holders on the same account or plan, you shall be deemed to be properly completed and executed as to that financial account or insurance plan only if all co-signers or co-holders elect to and validly opt-out. You must mail your exclusion request postmarked by June 14, 2023, to:

Migliaccio v. Parker Hannifin

c/o Kroll Settlement Administration LLC

PO Box 5324

New York, NY 10150-5324

The deadline to submit an Objection has passed.

You can tell the Court that you do not agree with the settlement or some part of it by objecting to the settlement. The Court will consider your views in its decision whether to approve the settlement. The Court can only approve or deny the settlement and cannot change the terms. To object, you must mail your objection to the Clerk of the Court, Settlement Class Counsel and Defendant’s Counsel, at the mailing addresses listed below, postmarked by no later than the objection deadline, June 14, 2023:


Clerk of the Court

Carl B. Stokes U.S. Courthouse 

801 W. Superior Avenue

Cleveland, OH 44113

Defendant’s Counsel

David Carney 

Baker & Hostetler, LLP

127 Public Square, Suite 2000

Cleveland, OH 44114

Settlement Class Counsel

Terence Coates 

Markovits, Stock, & DeMarco, LLC

119 East Court Street, Suite 530

Cincinnati, OH 45202

Your objection must be written and must include all of the following: (i) your full name and address; (ii) the case name and docket number, Migliaccio, et al., v. Parker Hannifin Corporation, Case No. 1:22-cv-00835-DAP (N.D. Ohio); (iii) information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class; (iv) a statement as to whether the objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class; (v) a clear and detailed written statement of the specific legal and factual basis for each and every objection, accompanied by any legal support for the objection the objector believes applicable; (vi) the identity of any counsel representing you in connection with the objection; (vii) a statement whether you intend to appear at the Final Approval Hearing, either in Person or through counsel, and, if through counsel, identifying that counsel; (viii) a list of all Persons who will be called to testify at the Final Approval Hearing in support of the objections and any documents to be presented or considered; and (ix) your signature or the signature of the your duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection.
Objecting is telling the Court that you do not like the settlement and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment from the settlement. If you exclude yourself, you have no basis to object because you are no longer a member of the Settlement Class and the case no longer affects you. If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded.
Yes. The Court appointed Terence R. Coates of Markovits, Stock & DeMarco, LLC, 119 E. Court Street, Suite 530, Cincinnati, OH 45202 and Joseph M. Lyon of The Lyon Firm, LLC, 2754 Erie Avenue, Cincinnati, OH 45208 as Settlement Class Counsel, to represent the Class in settlement negotiations. If you want to be represented by your own lawyer, you may hire one at your own expense.

Settlement Class Counsel will ask the Court for an award for attorneys’ fees up to $583,333.33, plus Litigation expenses not to exceed $15,000. Defendant has agreed to pay any award of attorneys’ fees, costs and expenses up to those amounts, to the extent approved by the Court. This payment for Attorneys’ Fees will be made out of the Settlement Fund. Any such award would compensate Settlement Class Counsel for investigating the facts, litigating the case, and negotiating the settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis.

Class Counsel will also ask the Court for a service award up to $3,500 for each of the Class Representatives.

Any award for attorneys’ fees, costs and expenses for Class Counsel, and for service awards to the Class Representatives, must be approved by the Court. The Court may award less than the amounts requested. Class Counsel’s papers in support of Final Approval of the settlement will be filed no later than May 30, 2023, and their application for attorneys’ fees, costs and expenses, and service awards will be filed no later than May 30, 2023 and will be posted on the settlement website.

The Court will hold a Final Approval Hearing at 2: 00 p.m. ET on August 2, 2023, at the Carl B. Stokes U.S. Courthouse, Courtroom 18B, 801 W. Superior Avenue, Cleveland, OH 44113 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, 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 costs and expenses, as well as the request for service awards for the Class Representatives. 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.phdatasettlement.com or calling 1-833-630-4779.
No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 16, the Court will consider it.
You may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must file an objection according to the instructions in Question 16, including all the information required. Your objection must be mailed to the Clerk of the Court, Class Counsel and Defendant’s Counsel, postmarked no later than June 14, 2023.
If you do nothing you will not get any money from this settlement. If the settlement is granted 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 Defendant and the other Released Parties based on any of the Released Claims, ever again.
This notice summarizes the proposed settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available at www.phdatasettlement.com. You may also call the Settlement Administrator with questions or to get a Claim Form at 1-833-630-4779.
This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration, the Claims Administrator approved by the Court. This is the only authorized website for this case.
Migliaccio, et al. v. Parker Hannifin Corporation
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324


Please read for a full explanation of the settlement and your options and all applicable timelines.


Contact us with any inquiries, comments, and/or requests.

Submit Claim

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Important Dates

  • Exclusion Deadline

    Wednesday, June 14, 2023

    The deadline to submit an Exclusion has passed.

    You must complete and mail your request for exclusion form so that it is postmarked no later than June 14, 2023.

  • Objection Deadline

    Wednesday, June 14, 2023

    The deadline to submit an Objection has passed.

    You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than June 14, 2023.

  • Claim Form Deadline

    Friday, July 14, 2023

    The deadline to submit a Claim Form has passed.

    You must submit your Claim Form on-line no later than Tuesday, July 14, 2023, or mail your completed paper Claim Form so that it is postmarked no later than July 14, 2023.

  • Final Approval Hearing Date

    Wednesday, August 2, 2023 The Final Approval Hearing is scheduled for August 2, 2023. Please check this website for updates.

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