1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding yourself?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The District Court for Hennepin County, Minnesota, 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 Kaliher, et al. v. North Memorial Healthcare, d/b/a North Memorial Health, Case No. 27-CV-26-11831. It is pending in the District Court for Hennepin County, Minnesota. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, North Memorial Healthcare, d/b/a North Memorial Health, is called the “Defendant.”
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This lawsuit alleges that North Memorial used third-party tracking technologies, often called “tracking pixels,” on its website, which Plaintiffs allege violates certain laws. North Memorial denies that it did anything wrong.
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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 (exclude themselves) from the Settlement. In this Settlement, the Class Representatives are Heidi Kaliher and Tracy Knight. Everyone included in this Action are the Class Members.
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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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The Court has defined the Class this way: “All individuals who have or have had a MyChart account and logged in at least once during the time period of January 1, 2017 through April 22, 2026.”
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Yes. Excluded from the Class are: (1) the Judges in this case, and the Judges’ family and staff; (2) North Memorial and its officers, directors, and certain related companies; (3) anyone who validly excludes themselves from the Settlement, and their representatives; and (4) attorneys for the Plaintiffs.
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:
North Memorial Pixel Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@NorthMemorialSettlement.com
Call toll-free, 24/7: (888) 406-4978
You may also view the Settlement Agreement here.
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North Memorial has agreed to pay for two benefits that are available to all Class Members.
You may file a claim for one or both of these benefits.
Benefits
CyEx Privacy Shield Pro. All Class Members are eligible to enroll in one year of CyEx Privacy Shield Pro. This comprehensive service is designed to restore users' privacy and anonymity, and includes:
Dark Web scanning
compromised password scanning
VPN, password manager, and other online privacy tools
If anything suspicious happens you will be able to talk to a fraud resolution agent to help fix any problems.
Cash Payment. All Class Members may claim a one-time $21.00 cash payment.
You do not have to provide any proof or explanation to claim one or both of these benefits.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
North Memorial Pixel Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@NorthMemorialSettlement.com
Call toll-free, 24/7: (888) 406-4978
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If you stay in the class, you won’t be able to be part of any other lawsuit against North Memorial about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section 3) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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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:
North Memorial Pixel Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll-free, (888) 406-4978, by email info@NorthMemorialSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online here, you must do so by February 10, 2027. If you are downloading a Claim Form here and submitting a claim by U.S. mail, the completed and signed Claim Form must be postmarked no later than February 10, 2027.
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The Court will hold a Final Approval Hearing on March 11, 2027 (see Question 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 and information about enrolling in CyEx Privacy Shield will be distributed if the Court grants final approval, and after any appeals are resolved.
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Yes, the Court has appointed attorneys Brian C. Gudmundson of Zimmerman Reed LLP; Nathan D. Prosser of Hellmuth & Johnson PLLC; David A. Goodwin of Gustafson Gluek PLLC; and Brittany Resch of Strauss & Borrelli PLLC, to represent you and other Class Members (“Class Counsel”).
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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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Class Counsel will ask the Court to approve $975,000.00 as reasonable attorneys' fees and reimbursement of litigation costs. This amount will be paid by North Memorial.
Class Counsel will also ask the Court to approve Service Award payments of $5,000.00 for each of the Class Representatives. Service Award payments will also be paid by North Memorial.
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If you do not want to be part of the Settlement, you must formally exclude yourself. This is called a Request for Exclusion and is sometimes also called “opting out.” If you opt out, you will not receive any Settlement benefits or payment. However, you will keep any rights you may have to sue North Memorial on your own about the 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 January 11, 2027.
To be valid, your Request for Exclusion must have the following information:
the name of the Litigation: Kaliher, et al. v. North Memorial Healthcare, d/b/a North Memorial Health, Case No. 27-CV-26-11831, pending in the District Court for Hennepin County, Minnesota;
your full name, current mailing address, telephone number, and unique ID (found on the notice you received by email or U.S. Mail);
your personal signature; and
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.
You must mail your Request for Exclusion to the Settlement Administrator at:
North Memorial Pixel Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be postmarked by January 11, 2027.
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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 the 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 Question 15).
You must provide the following information for the Court to consider your objection:
your name and address;
an explanation of the basis upon which you claim to be a Settlement Class Member;
all grounds for the objection, including all citations to legal authority and evidence supporting the objection;
the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of the objection (the “Objecting Attorneys”);
a statement indicating whether you intend to appear at the Final Approval Hearing (either personally or through counsel who files an appearance with the Court in accordance with the Local Rules);
a list, by case name, court, and docket number, of all other cases in which you and/or the Objecting Attorneys have filed an objection to any proposed class action settlement within the last three (3) years; and
your personal signature (a lawyer’s 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 Court by January 11, 2027. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and counsel for Defendant.
Clerk of the Court | Settlement Administrator | Counsel for Defendant |
Clerk of the Court | North Memorial Pixel Settlement | Nicole Moen |
Class Counsel | |||
Brian C. Gudmundson | Nathan D. Prosser | David A. Goodwin | Brittany Resch |
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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 will hold a Final Approval Hearing (also known as a “Final Fairness Hearing”) on March 11, 2027, at 9:00 a.m., Central Time, in the District Court for Hennepin County, Minnesota, at 300 South Sixth Street, Minneapolis, MN 55487. At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide what attorneys’ fees and expenses should be awarded to Class Counsel, if any, and whether to award Service Award payments to the Settlement 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 Question 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
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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 have your lawyer attend at your own expense, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement. You will also give up the rights described in Question 8.
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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:
North Memorial Pixel Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@NorthMemorialSettlement.com
Call toll-free, 24/7: (888) 406-4978
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 300 South Sixth Street, Minneapolis, MN 55487 or by accessing them through the Minnesota Court Records website, publicaccess.courts.state.mn.us.
Do not contact the Court or Clerk of Court regarding this Settlement except as otherwise directed in the Notice.
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