IF YOUR PERSONAL INFORMATION WAS IMPACTED BY A DATA INCIDENT THAT CELLNETIX LABS, LLC
AND CELLNETIX PATHOLOGY, PLLC EXPERIENCED IN DECEMBER 2023, A PROPOSED CLASS ACTION
SETTLEMENT MAY AFFECT YOUR RIGHTS
A proposed Settlement has been reached with CellNetix Labs, LLC and CellNetix Pathology, PLLC (collectively, “CellNetix”) arising out of a data security incident. In December of 2023, an unauthorized third party gained access to CellNetix’ information systems and potentially compromised sensitive personal information belonging to certain individuals (the “Data Security Incident” or “Incident”). The information potentially affected in the Incident included: names, Social Security numbers, driver’s license numbers, state identification numbers, dates of birth, passport numbers, and health insurance policy numbers, and health insurance identification numbers (collectively, “Private Information”). Plaintiff Nicole Whitcraft sued CellNetix on behalf of herself and all affected individuals (the “Class”) to seek redress and compensation for the potential consequences of the Data Security Incident.
You are part of the Settlement as a Settlement Class Member if you are an individual residing in the United States whose Private Information was potentially impacted in the Incident, including all individuals who were sent a formal Notice of Data Breach by CellNetix. Settlement Class Members will receive a Notice of this Settlement via mail and email, confirming their membership in the Settlement Class . If you did not receive Notice of this Settlement via mail or email, but you believe you are a member of the Settlement Class, or if you have other questions about the Settlement, you can contact the Settlement Administrator for assistance.
This Settlement Class does not include: (a) all individuals who are directors or officers of CellNetix, (b) the affiliate, legal representatives, attorneys, subsidiaries, successors, heirs, and assigns of CellNetix, (c) the Judge assigned to the Litigation, (d) that Judge’s immediate family and Court staff, and (e) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the criminal occurrence of the Security Incident, or who pleads nolo contendere to any such charge.
Under the proposed Settlement, CellNetix will pay (or cause to be paid) $227,500 into a Settlement Fund. The Settlement Fund will be used to pay for: (1) compensation for Documented Out-of-Pocket Expenses; (2) Lost Time; (3) Alternative Compensation; (4) the costs of Notice and Settlement Administration; (5) service award; and (6) attorneys’ fees and litigation expenses.
Compensation for Documented Out-Of-Pocket Expenses: Reimbursement (up to a maximum of $5,000) for certain documented losses, i.e., money spent, or fees incurred as a result of the Data Security Incident. Supporting information must be submitted with any claim for reimbursement of Documented Out-of-Pocket Expenses and the Expenses must be fairly traceable to the Data Security Incident and must have been incurred between December 1, 2023 and the date on which the Claim is submitted.
Reimbursement for Time Lost: Settlement Class Members who submit Claims for reimbursement for Out-of-Pocket Losses, which are subsequently approved and accepted by the Settlement Administrator as valid, may also submit a Claim for reimbursement for up to three (3) hours of time they reasonably spent responding to the Data Security Incident. Such Claims for Lost Time must be supported by an attestation that the time was spent dealing with the Incident. If approved by the Settlement Administrator, Lost Time will be compensated at a rate of $30 per hour, for a maximum of $90.
Alternative Compensation: Alternatively, Settlement Class Members who do not submit Claims for reimbursement for Documented Out-of-Pocket Expenses or Lost Time, OR Settlement Class Members who submitted Claims for reimbursement and whose claims were not approved by the Settlement Administrator, may instead elect to receive an Alternative Compensation Payment. This Alternative Compensation Payment will take the form of a pro rata cash payment, the dollar value of which will be calculated according to ¶ 2.2.3 of the Settlement Agreement. PLEASE NOTE: The Alternative Compensation Fund Payment may be increased or reduced pro rata depending on the number of Class Members that participate in the Settlement.
You must complete and file a Claim Form online by JANUARY 26, 2026; or send your completed Claim Form via mail postmarked no later than JANUARY 26, 2026. To be considered, Claim Forms must be complete and include required supporting documentation if you seek reimbursement for Out-of-Pocket Expenses and the required attestation if you seek compensation for Lost Time.
If you are a Class Member, you have the following options:
| Action | Summary of Legal Rights |
| SUBMIT A CLAIM FORM | This is the only way you may receive benefits from this Settlement. The deadline to submit a Claim Form is January 26, 2026. |
| EXCLUDE YOURSELF FROM THE SETTLEMENT | You will receive no payments from this Settlement, but you will retain any rights you currently have with respect to the Defendants and the issues in this case, including your right to bring your own individual lawsuit against Defendants. The deadline to exclude yourself from the Settlement is December 26, 2025. |
| OBJECT TO THE SETTLEMENT | Write to the Settlement Administrator explaining why you do not agree with the Settlement. The deadline to object is December 26, 2025. |
| ATTEND THE FINAL FAIRNESS HEARING | You or your attorney may attend and speak about your objection at the Final Approval and Fairness Hearing. The Final Approval and Fairness Hearing will be held on January 30, 2026. |
| DO NOTHING | You will not get any benefits from the Settlement, but you will give up certain legal rights. You will remain in the Settlement Class and be subject to the Release. |
To understand all your options and how your rights will be affected, as well as the deadlines for action on your part, please read the Long Form Notice.
The Court will hold the Final Fairness Hearing on January 30, 2026, at 9:00 a.m., at the King County Superior Courthouse, 401 4th Avenue N, Courtroom 4H, Kent, Washington 98032. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement and consider the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the service award to Plaintiff.
The location, date and time of the Final Fairness Hearing are subject to change by Court order. Any changes will be posted on this the Settlement Website and through the Court’s publicly available docket. You should check this Settlement Website to confirm the date and time have not been changed.