Frequently Asked Questions
What is this lawsuit about?
In a class action lawsuit, one or more people called “Class Representatives” (in this case, Cornelius Coleman and Linda Horan), sue on behalf of people who have similar claims. Together, they are a “Class.”
This lawsuit alleges that RailWorks failed to safeguard personal information ("PI") of certain current and former RailWorks employees, beneficiaries and dependents of current and former employees, and vendors who received an IRS form 1099, and that the PI was potentially compromised in the Security Incident. RailWorks denies all allegations of wrongdoing.Back To Top
Why is there a Settlement?
The Court did not reach a final decision in favor of the Class Representatives or RailWorks. Instead, both sides agreed to a settlement. Settlements avoid the costs and uncertainty of a trial and related appeals, while providing benefits to members of the Settlement Class. The Settlement Class Representatives and the attorneys for the proposed Class believe the Settlement is best for all members of the Class. The Court in charge of the lawsuit has granted final approval of this Settlement and has ordered that this notice be made available to explain it.Back To Top
Who is affected by the Settlement?
You are a member of the Class and are affected by the Settlement if you are a citizen and/or resident of the United States of America and satisfy the following requirements:
- You are an employee, former employee, beneficiary or dependent of an employee or former employee, or a vendor of RailWorks who received IRS Form 1099; and
- Your personal information may have been affected by the Security Incident (as reflected by RailWorks’ records pertaining to the Security Incident).
If you are a Class Member, you have a right to submit a Claim Form to receive benefits under the Settlement. The process for submitting a Claim Form is described in FAQ 6.
If you have questions about whether you are a Class Member, you may contact the Settlement Administrator at 1-855-940-5294. You may also contact Class Counsel (see FAQ 9).Back To Top
What benefits are provided?
The Settlement provides the following benefits:
- Identity Theft Protection: RailWorks will offer and pay for credit monitoring and identity theft protection coverage through Identity Guard (or an equivalent provider in the event Identity Guard ceases to operate in its current form), through April 1, 2023, for: (a) all Settlement Class Members who previously signed up for one year of credit monitoring and identity theft protection coverage when offered by RailWorks in connection with the Security Incident before the lawsuit was filed, without the need for filing a Claim Form; and (b) all Settlement Class Members who submit a Claim Form seeking identity theft protection within thirty (30) days after the date of the Order and Final Judgment in this lawsuit.
- Reimbursement for Lost Time: Settlement Class Members who have expended time remedying issues related to identity theft directly caused by the Security Incident are eligible for reimbursement as follows: Settlement Class Members may submit a Claim Form, including supporting documentation of their lost time, for up to five (5) hours at a rate of ten dollars ($10.00) per hour if the Settlement Class Member has first enrolled in the services provided by RailWorks through Identity Guard (or another substitute provider) prior to incurring the lost time. The Claim Form must be submitted by May 18, 2021 if the last date that you expended time was prior to March 19, 2021. Otherwise Claims for Reimbursement of time are due 60 days after the date you last expended time but in no event later than April 1, 2023. In order to obtain reimbursement, a Settlement Class Member must certify under penalty of perjury that (i) he/she enrolled in the identity theft protection services provided by RailWorks (either prior to this litigation or as part of this Settlement) prior to incurring the lost time; and (ii) he/she has not been previously reimbursed by any other source (such as insurance) for the lost time.
Security Measures: RailWorks has agreed to implement the following security measures:
- RailWorks will provide annual security training (through internal resources) to personnel it determines appropriate to receive such training, in its reasonable discretion, in each of 2021 and 2022.
- RailWorks will expand its internal cyber awareness communications, as it determines appropriate, in its reasonable discretion.
- RailWorks will conduct a penetration test within twelve (12) months following the date of the Order and Final Judgment in this lawsuit.
How will my legal rights be limited by the Settlement?
If you are a Class Member and did not timely opt out of the Settlement, you lost the right to bring a legal claim against Railworks for certain claims relating to the Security Incident.
If you did not timely opt out (see FAQ 7), and since the Settlement was approved, you are in the “Settlement Class.” That means that you will not be able to sue or be part of any other lawsuit involved “Released Claims” against “Releasees” or “Released Entities”, which includes (a) RailWorks, Kevin Riddett, and Bob Cummings; (b) all of the past and present divisions, parent entities, entities sharing the same parent company(ies) as RailWorks, and subsidiaries and affiliates of RailWorks; (c) all past and present officers, directors, agents, attorneys, employees, stockholders, successors, assigns, reinsurers, and legal representatives of the entities and/or persons listed in (a)-(b); and (d) all of the heirs, estates, successors, assigns, and legal representatives of any of the entities or persons listed herein.
The Released Claims mean any and all known and unknown claims, rights, demands, actions, causes of action, private or other rights of action, allegations, or suits of whatever kind or nature, whether ex contractu or ex delicto, tort, statutory, common law or equitable, including but not limited to negligence, breach of express or implied contract, breach of the implied covenant of good faith and fair dealing, bad faith, violation of any federal or state statute or regulation in any jurisdiction, any claims for punitive or exemplary damages, restitution, disgorgement, attorneys’ fees, costs of suit, injunctive relief, specific performance, or prejudgment or post-judgment interest arising from or relating in any way to the Security Incident. Released Claims include but are not limited to any and all claims that were alleged or could have been alleged in the Civil Action.Back To Top
How do I submit a Claim Form to participate in the Settlement?
In order to receive certain of the Settlement benefits if you are eligible for them, you must submit a Claim Form. The Claim Form informs RailWorks and Class Counsel that you wish to participate in the Settlement. There are two separate Claim Forms: a Claim Form for identity theft protection (if you did not previously sign up for identity theft protection when it was previously offered by RailWorks) and a separate Claim Form to submit a claim for reimbursement for time spent remedying issues related to identity theft directly caused by the Security Incident. If you wish to claim both types of benefits, you must submit two Claim Forms (one for each type of benefit).
Claim Forms for identity theft protection must be submitted online or postmarked on or before 30 days after a Final Approval Order is entered.
Claim Forms for reimbursement for lost time must be submitted online or postmarked on or before May 18, 2021 if the last date that you expended time was prior to March 19, 2021. Otherwise Claims for Reimbursement of time are due 60 days after the date you last expended time but in no event later than April 1, 2023.
Claim forms are available for online filing by entering the alphanumeric code, "Unique ID", and PIN found on the notice you received by email or postcard. To access the Claim Form for credit monitoring, click here. To access the Claim Form for Time Reimbursement, click here.
Alternatively, Claim Forms may be submitted by mail by downloading and printing the Claim Forms from the Important Documents page, or requesting paper Claim Forms by mail, email or telephone from the Settlement Administrator, and mailing the completed Claim Forms to the Settlement Administrator at:
RW Coleman Settlement
P.O. Box 2530
Portland, OR 97208-2530
The Claim Form must be signed by you (if you submit an online Claim Form, typing your name in the signature box will constitute your legal signature).
If you move after submitting a Claim Form, it is your responsibility to provide your new address to the Settlement Administrator. Checks will initially be mailed to the most recent address on file with the Settlement Administrator.
Claim Forms submitted online or postmarked after the deadlines as described above, will not be honored.Back To Top
How do I opt out of the Settlement?
The deadline to submit requests to opt out of the Settlement was May 3, 2021.
Requests to opt out that were not postmarked on or before May 3, 2021 will not be honored.Back To Top
If I don’t exclude myself, can I sue RailWorks for the same thing later?
No. Because the Settlement was approved and you did not timely opt out, you gave up the right you may have, if any, to sue RailWorks and the Released Entities for relief arising from the claims that this Settlement resolves. See FAQ 5.Back To Top
Do I have a lawyer in the case?
The Court has appointed the following lawyers to represent you and the other Settlement Class Members:
Finkelstein, Blankinship, Frei-Pearson & Garber, LLP
One North Broadway
White Plains, NY 10601
J. Nelson Thomas
Jessica L. Lukasiewicz
Thomas & Solomon, LLP
693 East Avenue
Rochester, NY 14607
These lawyers are called Class Counsel. You will not be charged by these lawyers for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.
You can contact Class Counsel at 1-585-272-0540 or at ContactUs@TheEmploymentAttorneys.com.Back To Top
How will the lawyers be paid?
Attorneys’ fees and expenses have been approved by the Court and will be paid by RailWorks. The amount of the award will not affect the benefits to be provided to eligible Settlement Class Members as described in FAQ 4. The Court awarded Class Counsel $493,000 for (1) attorneys’ fees and costs to Class Counsel and (2) $5,000 each as incentive awards to Settlement Class Representatives. The motion seeking attorneys’ fees, costs and service awards is available on the Court’s docket on PACER (ecf.nysd.uscourts.gov). The costs of notifying Class Members and of administering the proposed Settlement will also be borne by RailWorks and will not reduce the benefits provided to Settlement Class Members.Back To Top
How can I object?
The deadline to file an objection was May 3, 2021.Back To Top
When will the Court decide whether to approve the Settlement?
The Court held a Final Approval Hearing on May 13, 2021, at 10:30 a.m. in Courtroom 11A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. The Court approved the Settlement and Plaintiffs' Motion for Award of Attorneys' Fees and Costs was granted. You may view a copy of the Court’s Final Judgment and Order of Dismissal on the Important Documents page of this website.Back To Top
What happens if I do nothing?
If you are a Class Member and you do nothing, you will be included in the Settlement Class, and will not be able to pursue any other lawsuit against RailWorks and the Released Entities concerning or relating to the Security Incident. If you previously signed up for identity theft protection when offered by RailWorks, you will automatically receive extended identity theft protection, paid for by RailWorks, through April 1, 2023 if the Settlement is approved. If you did not previously sign up for identity theft protection and you do nothing, you will not receive any benefits from the Settlement.
Are there more details about the Settlement?
This website and the Notice summarizes the Settlement. For precise terms and conditions of the Settlement, please see the Settlement Agreement, available for download here, by contacting Class Counsel (see FAQ 9), by accessing the Court docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at ecf.nysd.uscourts.gov, or by visiting the Clerk of Court for the United States District Court for the Southern District of New York at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007 between 8:30 a.m. and 5:00 p.m., Monday through Friday, excluding Court holidays. In-person access to the courthouse may be subject to certain restrictions during the COVID-19 pandemic, which are posted on the Court’s website at www.nysd.uscourts.gov.
PLEASE DO NOT CONTACT RAILWORKS, THE COURT, OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIMS PROCESS.Back To Top