The Court authorized the notice because you have a right to know about the Settlement, and all of your options, before the Court decides whether to give “final approval” to the Settlement. The notice explains the nature of the lawsuit that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

Judge James D. Peterson of the United States District Court for the Western District of Wisconsin is overseeing this case captioned as Linman v. Marten Transport, Ltd., No. 3:22-cv-00204. The person who brought the lawsuit is called the Plaintiff, Scott Linman. The entity being sued, Marten Transport, Ltd., is called the Defendant.

The lawsuit claims that Defendant was responsible for the Data Incident and asserts claims for negligence.

Defendant denies these claims and says it did not do anything wrong. No court or other judicial entity has made any judgment or other determination that Defendant has any liability for these claims or did anything wrong.

In a class action, one or more people called class representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class, and the individuals are called class members. One court resolves the issues for all class members, except for those who exclude themselves from the class.

The Court has not decided in favor of the Plaintiff or Defendant. Instead, both sides agreed to the Settlement. The Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to members of the Class (“Class Members”). The Class Representative appointed to represent the Class and the attorneys for the Class (“Class Counsel,” see Question 18) think the Settlement is best for all Class Members.

You are affected by the Settlement and potentially a member of the Class if you reside in the United States and your Private Information may have been compromised in connection with the Data Incident, including if you were mailed a notification by or on behalf of Marten Transport, Ltd. regarding the Data Incident.

Only Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Class are (1) the judge presiding over the class action lawsuit and his direct family members; (2) the Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest and their current or former officers, directors, and employees; and (3) Class Members who submit a valid request to be excluded from the Settlement.

If you are not sure whether you are included in the Settlement, you may call 1-855-974-6467 with questions. You may also write with questions to:

Marten Transport Data Settlement
c/o Settlement Administrator
P.O. Box 2010
Chanhassen, MN 55317-2010

The Settlement provides that Defendant will fund the following payments up to a total of $520,000.00: (a) $25.00 per hour, up to a total of $125.00, for Class Members who attest that the time claimed was actually spent as a result of the Data Incident; (b) up to $5,000.00 for reimbursement of your documented Out-of-Pocket Expenses reasonably traceable to the Data Incident; and (c) an estimated pro rata $50.00 payment, subject to adjustment as set forth below.

The estimated $50.00 pro rata payment will be dispersed after the distribution of attorneys’ fees, Class Counsel’s litigation expenses, the Service Award, Notice and Administrative Expenses, and other Settlement benefits to claimants. The other Settlement benefits are also subject to pro rata reduction as needed in the event that the total claims exceed the $520,000.00 cap on payments to be made by Defendant, and payments may also be increased on a pro rata basis until the Settlement Fund is distributed. Payment of (1) attorneys’ fees and expenses and service award to Plaintiff (see Question 19) and (2) the costs of notifying the Class and administering the Settlement will also be paid out of the Settlement Fund.

Also, as part of the Settlement, Defendant either has undertaken or will undertake certain reasonable steps to further secure its systems and environments.

Class Members who submit a claim are eligible to receive:

1. Reimbursement of actual, documented, unreimbursed Out-of-Pocket Expenses resulting from the Data Incident (up to $5,000.00 in total), such as the following incurred on or after September 30, 2021:
   • any costs incurred from credit monitoring services or ordering copies of your credit report;
   • late fees, declined payment fees, overdraft fees, returned check fees, customer service fees, and/or card cancellation or replacement fees;
   • late fees from transactions with third parties that were delayed due to fraud or card replacement;
   • unauthorized charges on credit, debit, or other payment cards that were not reimbursed;
   • parking expenses or other transportation expenses for trips to a financial institution to address fraudulent charges or receive a replacement payment card;
   • costs incurred obtaining credit freezes; and
   • other expenses that are reasonably attributable to the Data Incident that were not
2. Compensation for time spent (lost time) remedying issues related to the Data Incident, up to 5 hours at $25.00/hour for time spent in response to the Data Incident for a total amount of up to $125.00.
3. A potential residual cash payment of the remainder funds, which is estimated to be $50.00 but may adjusted upward or downward pro rata based on how many other claims are made.

To receive a benefit under the Settlement, you must complete and submit a claim for that benefit (a “Claim”). Every Claim must be made on a form (“Claim Form”) available in Important Case Documents or by calling 1-855-974-6467. Claim Forms will also be sent to Class Members as part of the postcard notice and tear-off claim form that will be mailed to Class Members. Read the instructions carefully, fill out the Claim Form, provide the required documentation, and submit it according to the instructions on the Claim Form.

The Settlement Administrator will decide whether and to what extent any Claim made on each Claim Form is valid. The Settlement Administrator may require additional information. If you do not provide the additional information in a timely manner, then the Claim will be considered invalid and will not be paid.

The Court will hold a Final Approval Hearing on December 5, 2024 at 10:00 a.m. CT to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving those can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed. Please be patient.

Class Members will have the choice to receive settlement fund distribution either electronically (PayPal, Zelle, Venmo, or ACH) or via a physical check. The distribution of funds will occur after the Court’s final approval of the settlement.

The Defendant gets a release from all claims covered by this Settlement. Thus, if the Settlement becomes final and you do not exclude yourself from the Settlement, you will be a Class Member and you will give up your right to sue Defendant and other persons (“Released Parties”) as to all claims (“Released Claims”) arising out of or relating to the Data Incident. This release is described in the Settlement Agreement, which is available in Important Case Documents. If you have any questions you can talk to the law firms listed in Question 18 for free or you can talk to your own lawyer.

No. If you exclude yourself, you will not be entitled to receive any benefits from the Settlement, but you will not be bound by any judgment in this case.

No. Unless you exclude yourself, you give up any right to sue Defendant (and any other Released Parties) for the claims that this Settlement resolves. You must exclude yourself from the Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you want to exclude yourself, then do not submit a Claim Form to ask for any benefit under the Settlement.

To exclude yourself, send a letter that says you want to be excluded or opt-out from the Settlement in Linman v. Marten Transport, Ltd., Case No. 3:22-cv-00204, United States District Court, Western District of Wisconsin. The letter must: (a) state your full name, address, and telephone number; (b) contain your personal and original signature or the original signature of a person authorized by law to act on your behalf; and (c) state unequivocally your intent to be excluded from the Settlement. You must mail your exclusion request postmarked by AUGUST 26, 2024, to:

Linman v Marten Transport, Ltd. Settlement Administrator
Attn: Exclusion Request
P.O. Box 2010
Chanhassen, MN 55317-210

Your objection must be written and must include all of the following: (1) the name of the proceedings; (2) the Class Member’s full name, current mailing address, and telephone number; (3) a statement of the specific grounds for the objection, as well as any documents supporting the objection; (4) the identity of any attorneys representing the objector; (5) a statement regarding whether the Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; (6) a statement identifying all class action settlements objected to by the Class Member in the previous five years; and (7) the signature of the Class Member or the Class Member’s attorney.

Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you are a Class Member. Excluding yourself is telling the Court that you do not want to be part of the Class and do not want to receive any payment from the Settlement. If you exclude yourself, then you have no basis to object because you are no longer a member of the Class and the case no longer affects you. If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded.

The Court will hold a Final Approval Hearing at 10:00 am. CT on December 5, 2024, at United States District Court, Western District of Wisconsin, 120 North Henry Street, Madison, WI 53703, Courtroom 260, or by remote or virtual means as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, then the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees and reasonable expenses, and service award. After the hearing the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking Important Dates or calling 1-855-974-6467.

No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 16, the Court will consider it.

You may ask the Court for permission to speak at the final fairness hearing. To do so, you must file an objection according to the instructions in Question 16, including all the information required. Your objection must be mailed to the Clerk of the Court and Settlement Administrator postmarked no later than August 26, 2024.

If you do nothing you will not get any money from this Settlement. If the Settlement is granted final approval and the judgment becomes final, then you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant and the other Released Parties based on any of the Released Claims related to the Data Incident, ever again.

This notice summarizes the proposed Settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available in Important Case Documents. You may also call the Settlement Administrator with questions or to receive a Claim Form at 1-855-974-6467.

This Notice is approved by the United States District Court for the Western District of Wisconsin. DO NOT CONTACT THE COURT DIRECTLY IF YOU HAVE QUESTIONS ABOUT THE SETTLEMENT. Please contact the Settlement Administrator or Class Counsel if you have any questions about the Settlement.