UPDATE - On June 4, 2021, the Court entered the Final Order approving the terms of the Settlement, a separate Order granting attorneys' fees, costs and class representative service awards and a third Order granting objector Parvinder Chohan's petition for attorney's fees and an incentive award.
On May 7, 2020, the defendant in this case, The Neiman Marcus Group LLC, filed a voluntary petition for relief under chapter 11 of the United States Bankruptcy Code.
Class Counsel filed a Class Proof of Claim in the bankruptcy action, and negotiated with Defendant and the bankruptcy trustee a stipulation, which was entered as an order by the Bankruptcy Court on April 15, 2021, under which the District Court may now rule upon the pending Final Approval Motion and related Fee Motions. If the District Court approves the Settlement, the bankruptcy will not affect, or reduce the amount of, the Settlement.
Please note that the Final Approval Hearing now will take place on June 2, 2021, at 1:30 p.m. Any further Objections to the Revised Settlement and/or Fee Requests are due by April 30, 2021.
If you used a credit or debit card at a Neiman Marcus Group Store between July 16, 2013 and January 10, 2014, you may be entitled to up to $100 from, and your rights may be affected by, a class action settlement.
A federal court authorized the Notice. It is not a solicitation from a lawyer.
- A proposed Settlement has been reached in a class action lawsuit involving Neiman Marcus Group LLC (“Neiman Marcus” or “NMG”). The Settlement resolves litigation over a cybersecurity incident involving malware that was successfully inserted into Neiman Marcus’s system by hacker(s) (the “Cybersecurity Incident”). Malware means the malicious software that was capable of collecting Payment Card data from Neiman Marcus’s system.
- The Parties now agree to settle the Action in its entirety, without any admission of liability by NMG.
- The Settlement Class means all residents of the United States who held a credit card or debit card account that was used in any NMG Store at any time from July 16, 2013 to October 30, 2013 (the “Malware Period”).
- The Settlement Class does not include any United States residents who held a credit or debit card account used in a Neiman Marcus store only between October 31, 2013 and January 10, 2014. Such persons were included in a prior proposed settlement that was not approved. Neiman Marcus has stipulated that American Pipe & Construction v. Utah, 414 U.S. 538 (1974), and its progeny apply to claims of such persons, and have done so since the initial filing of this litigation on January 14, 2014. The claims of such persons tolled under American Pipe and its progeny shall continue to be tolled between January 14, 2014 and March 14, 2020.
- If you are a Settlement Class Member, your rights are affected whether you act or do not act. Read the Notice carefully.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: | |
|---|---|
SUBMIT A CLAIM FORM |
If you submit a Claim Form, you will give up the right to sue NMG in a separate lawsuit about the claims this Settlement resolves. The deadline to submit a Claim Form is October 1, 2020. Claims filed under the prior proposed settlement of this action that was not approved will be honored and treated as though filed under this Settlement. |
ASK TO BE EXCLUDED |
If you decide to exclude yourself, you will keep the right to sue NMG in your own separate lawsuit about the claims this Settlement resolves, but you give up the right to receive the benefits this Settlement provides. The deadline to request exclusion from the Settlement is May 18, 2020. |
OBJECT TO THE SETTLEMENT |
If you do not exclude yourself from the Settlement, you may object to it by following the procedures in the Notice and submitting your specific objection in writing. The deadline to object to the Settlement is April 30, 2021. |
DO NOTHING |
If you are a member of the Settlement Class, you are automatically part of the Settlement. If you do nothing, you may not receive the benefits that this Settlement provides and you will give up the right to sue NMG in a separate lawsuit about the claims this Settlement resolves. |