APPROVED AS TO FORM AND LEGALITY
____________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ____________ C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO COMPROMISE AND SETTLE THE CASES OF HADA GONZALEZ,
DAVID MARTINEZ, IRA BRADFORD, TIM DE LA VEGA AND BRANDON
KO, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED V. CITY OF OAKLAND AND DOES 1 THROUGH 100,
INCLUSIVE, ALAMEDA COUNTY SU PERIOR COURT CASE NO.
23CV031786, CITY ATTORNEY FILE NO. 35903, AND KHALIQ
HARRISON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED V. CITY OF OAKLAND AND DOES 1 THROUGH 100, INCLUSIVE, ALAMEDA COUNTY SUPERIOR COURT CASE NO.
23CV046323, CITY ATTORNEY FILE NO. 36207 ON THE FOLLOWING TERMS:
(1) THREE YEARS OF THREE-BUREAU CREDIT MONITORING WITH
FRAUD INSURANCE TO ALL CLASS MEMBERS;
(2) UP TO $350 REIMBURSEMENT FOR ORDINARY OUT-OF-POCKET EXPENSES, AND UP TO $10,000 FOR EXTRAORDINARY OUT-OF-
POCKET EXPENSES, WITH SUPPORTING DOCUMENTATION, TO
ALL CLASS MEMBERS;
(3) UP TO FOUR HOURS AT $25 PER HOUR FOR LOST TIME, WITH NO DOCUMENTATION REQUIRED, TO ALL CLASS MEMBERS;
(4) PAYMENT OF $175 TO ALL PAST AND CURRENT POLICE
OFFICERS WHOSE DATA WAS EXFILTRATED, IN RECOGNITION
OF THE ADDITIONAL RISKS AND HARMS ASSOCIATED WITH
EXPOSURE OF PERSONALLY-IDENTIFIABLE INFORMATION
FOR POLICE OFFICERS;
(5) INCENTIVE PAYMENTS OF $2,000 TO EACH OF THE FIVE NAMED GONZALEZ PLAINTIFFS AND THE HARRISON PLAINTIFF;
(6) PAYMENT FOR THE COSTS OF ADMINISTERING THE
SETTLEMENT; AND
(7) PAYMENT OF UP TO $528 ,000 IN ATTORNEYS’ FEES AND COSTS TO PLAINTIFFS’ COUNSEL;
AND TO COMPROMISE AND SETTLE THE CASE OF JESSICA K.
BROWN, MONICA CEDILLO CIPRES, LUANA DAWKINS, LEROY
JOHNSON, AMADA JUDGE, APRIL MCFARLAND, AMETRIUS SIDNEY, PHYLISS SMITH, JARED WAGNER, TALORIA YOUNG V. CITY OF
OAKLAND, AND DOES 1 THRO UGH 100 INCLUSIVE, ALAMEDA
COUNTY SUPERIOR COURT CASE NO. 23CV056502, CITY ATTORNEY FILE NO. 36251 FOR THE TOTAL SUM OF EIGHTY THOUSAND
DOLLARS AND ZERO CENTS ($80,000.00) (DEPARTMENT OF
INFORMATION TECHNOLOGY – DATA BREACH)
ED AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
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WHEREAS, the City of Oakland suffered a significant ransomware incident on or about February 8, 2023; and
WHEREAS, the threat actors who initiated the ransomware incident exfiltrated various private information of certain past and current City employees and members of the public and later posted this private information to the dark web; and
WHEREAS, the City was sued in two class action lawsuits on behalf of all persons whose data was exfiltrated, and in a third lawsuit on behalf of ten individuals whose data was exfiltrated; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in these cases; and
WHEREAS, the City has determined that it is in the City’s best interest to settle these lawsuits without admitting liability or wrongdoing and to avoid further litigation; and
WHEREAS, the settlements are covered by insurance procured through the City’s risk - sharing pool; and
WHEREAS, the settlement of the class action lawsuits is subject to the approval of the court; now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the cases of Hada Gonzalez, David Martinez, Ira Bradford, Tim de la Vega and Brandon Ko, individually, and on behalf of all others similarly situated v. City of Oakland and DOES 1 through 100, inclusive, Alameda County Superior Court Case No. 23CV031786, City Attorney File No. 35903, and Khaliq Harrison, individually and on behalf of all others similarly situated v. City of Oakland and DOES 1 through 100, inclusive , Alameda County Superior Court Case No. 23CV046323, City Attorney File No. 36207 on the following terms:
(1) three years of three-bureau credit monitoring with fraud insurance to all class members;
(2) up to $350 reimbursement for ordinary out-of-pocket expenses, and up to $10,000 for extraordinary out-of-pocket expenses , with supporting documentation to all class members;
(3) up to four hours at $25 per hour for lost time, with no documentation required to all class members;
(4) payment of $175 to all past and curren t police officers whose data was exfiltrated, in recognition of the additional risks and harms associated with exposure of personally-identifiable information for police officers; (5) incentive payments of $2,000 to each of the five named Gonzalez plaintiffs and the Harrison plaintiff;
(6) payment for the costs of admi nistering the settlement; and (7) payment of up to $528 ,000 in attorneys’ fees and costs to Plaintiffs’ counsel;
and be it
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FURTHER RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Jessica K. Brown, Monica Cedillo Cipres, Luana Dawkins, Leroy Johnson, Amada Judge, April McFarland, Amet rius Sidney, Phyliss Smith, Jared Wagner, Taloria Young v. City of Oakland, and Does 1 through 100 inclusive , Alameda County Superior Court Case No. 23CV056502, City Attorney File No. 36251 for the total sum of Eighty Thousand Dollars and No Cents ($80,000.00); and be it
FURTHER RESOLVED: That the City Attorney is authorized and directed to take whatever steps may be necessary to effect said settlements.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KA LB, KAPLAN, RAMACHANDRAN, REID AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California