Affidavit of Jessica Daley Regarding Notice Administration

Case: 1:20-cv-03377 Document #: 43 Filed: 06/03/21 Page 1 of 102 PageID #:489

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

HATCHMED CORP. and NOVARAD ) CORPORATION, on behalf of themselves ) and others similarly situated, ) Case No. 1:20-cv-03377 ) Plaintiffs, ) Judge Martha M. Pacold v. ) ) Magistrate Judge Jeffrey T. Gilbert HEALTHCARE INFORMATION AND ) MANAGEMENT SYSTEMS SOCIETY, ) ) Defendant. )

AFFIDAVIT OF JESSICA DALEY REGARDING NOTICE ADMINISTRATION

I, Jessica Daley, declare and state as follows:

1. I am the Director, Business Development, of Healthcare Information and

Management Systems Society (“HIMSS”).

2. HIMSS is serving as the Settlement Administrator (“Administrator”) in the above-

captioned litigation, as ordered by the Court in its Order Granting Preliminary Approval of Class

Action Settlement (Dkt. 41), dated March 12, 2021 (“Preliminary Approval Order”). This affidavit

is based on my personal knowledge, as well as upon information provided to me by experienced

HIMSS employees, and if called upon to do so, I could and would testify competently thereto.

3. This affidavit is submitted pursuant to Paragraph 25(g) of the Court’s Preliminary

Approval Order to affirm the completion by HIMSS of the Notice Program and to document the measures undertaken to provide notice of the Settlement to the Settlement Class.1

1 Capitalized terms not otherwise defined herein are as used in the Preliminary Approval Order and/or the Settlement Agreement (Dkt. 35). Case: 1:20-cv-03377 Document #: 43 Filed: 06/03/21 Page 2 of 102 PageID #:490

CAFA NOTICE

4. In compliance with the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1715,

HIMSS compiled a CD-ROM containing the following documents:

x The Complaint and Amended Complaint filed in this action;

x The Complaint filed in the following related action:

o Novarad Corp. v. Healthcare Information and Management Systems Society, Case No. 1:20-cv-5427 (N.D. Ill., filed Jun. 1, 2020);

x Proposed notifications to Settlement Class Members of the proposed Settlement and of Settlement Class Members’ rights to request exclusion from the Settlement;

x The Settlement Agreement; and

x The names of Settlement Class Members who HIMSS understands reside in each State as well as the estimated proportionate share of the claims of such members to the Settlement.

5. These materials were accompanied by a cover letter (collectively, the “CAFA

Notice Packet”). The CD-ROM was sent by FedEx overnight mail on March 15, 2021 to the appropriate federal and state officials identified in the headers of the attached cover letters. Copies of the cover letters are attached as Exhibit A.

6. On March 16, 2021, HIMSS supplemented the CAFA Notice Packet with a copy of the Court’s Preliminary Approval Order and information pertaining to the Final Approval

Hearing scheduled for June 24, 2021. That material was sent by FedEx overnight mail to the appropriate federal and state officials identified in the headers of the attached cover letters. Copies of the supplemental cover letters are attached as Exhibit B.

DIRECT NOTICE TO THE CLASS

7. Mail Notice – Pursuant to the terms of the Settlement Agreement and the

Preliminary Approval Order, on April 12, 2021, HIMSS sent the Court-approved Notice Package,

2 Case: 1:20-cv-03377 Document #: 43 Filed: 06/03/21 Page 3 of 102 PageID #:491

including a Mailed Notice and Claim Form, to all Settlement Class Members. A representative

copy of the Notice Package is attached as Exhibit C.

8. Email Notice – Pursuant to the terms of the Settlement Agreement and the

Preliminary Approval Order, on April 12, 2021, HIMSS sent the Court-approved Emailed Notice

to all Settlement Class Members. A representative copy of the Email Notice is attached as Exhibit

9. All Notice Packages returned as undeliverable have been forwarded to an

appropriate address or email address.

SETTLEMENT WEBSITE

10. On March 26, 2021, HIMSS established www.himss.org/settlement-agreement, a

Settlement Webpage that hosts the Published Notice, Mailed Notice, Emailed Notice, copies of important case documents, answers to frequently asked questions, and contact information for telephone, mail, or email. The Settlement Webpage also allows Settlement Class Members to submit a Claim Form electronically.

11. As of the date of this declaration, the Settlement Webpage has tracked 947 page views. HIMSS will continue to update and maintain the Settlement Website for the duration of the settlement administration process.

TOLL FREE INFORMATION LINE

12. On March 26, 2021, HIMSS established a case-specific toll-free number, 1-866-

281-7005, that individuals may call to obtain information regarding the Settlement. The line is

available 24 hours a day, seven days a week. Callers have an opportunity to leave a voicemail

message, which will be returned within two business days.

I declare under penalty of perjury under the laws of the United States that the

foregoing is true and correct.

3 Case: 1:20-cv-03377 Document #: 43 Filed: 06/03/21 Page 4 of 102 PageID #:492

Executed on June __,3 2021, at 12:39______. PM

Jessica DaleyDaD ley

State of ______Texas County of ______Bexar

Subscribed and sworn to before me this ___3rd day of June 2021.

Notary Public

My commission expires: ______02/02/2025

Notarized online using audio-video communication

4 Case: 1:20-cv-03377 Document #: 43 Filed: 06/03/21 Page 5 of 102 PageID #:493

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

EXHIBITS TO AFFIDAVIT OF JESSICA DALEY REGARDING NOTICE ADMINISTRATION

EXHIBIT DESCRIPTION

A. CAFA Notice Letters, March 15, 2021

B. CAFA Supplemental Notice Letters, March 16, 2021

C. Representative copy of the Notice Package

D. Representative copy of the Email Notice

Case: 1:20-cv-03377 Document #: 43 Filed: 06/03/21 Page 6 of 102 PageID #:494

EXHIBIT A Case: 1:20-cv-03377 Document #: 43 Filed: 06/03/21 Page 7 of 102 PageID #:495 Robert C. Collins III 330 North Wabash Avenue Direct Dial: +1.312.876.6566 Suite 2800 [email protected] Chicago, Illinois 60611 Tel: +1.312.876.7700 Fax: +1.312.993.9767 www.lw.com FIRM / AFFILIATE OFFICES Beijing Moscow Boston Munich Brussels New York March 15, 2021 Century City Orange County Chicago Paris Dubai Riyadh BY CERTIFIED MAIL Düsseldorf San Diego Frankfurt San Francisco Hamburg Seoul The Honorable Monty Wilkinson Hong Kong Shanghai Houston Silicon Valley Acting Attorney General of the United States London Singapore U.S. Department of Justice Los Angeles Tokyo 950 Pennsylvania Avenue, NW Madrid Washington, D.C. Milan Washington, DC 20530-0001 File No. 066695-0002 Re: Notice of Class Action Settlement Pursuant to 28 U.S.C. § 1715

To Whom It May Concern:

Pursuant to 28 U.S.C. § 1715 of the Class Action Fairness Act (a/k/a “CAFA”), we write to apprise you, on behalf of Healthcare Information and Management Systems Society (“HIMSS”), of a proposed class action settlement in the matter of HatchMed Corp., et al. v. Healthcare Information and Management Systems Society, Inc., Case No. 1:20-cv-03377 (N.D. Ill., filed June 8, 2020). Enclosed please find the following materials: 1. The Complaint and Amended Complaint filed in the action; 2. The Complaint filed in the following related action: a. Novarad Corp. v. Healthcare Information and Management Systems Society, Case No. 1:20-cv-5427 (N.D. Ill., filed Jun. 1, 2020); 3. Proposed notifications to settlement class members of the proposed settlement of the class action and of settlement class members’ rights to request exclusion from the class settlement; 4. Proposed Settlement Agreement and Release; 5. The names of settlement class members who HIMSS understands reside in each State as well as the estimated proportionate share of the claims of such members to the entire settlement. Respectfully submitted,