Case Information
Neri v. Calmark Group, LLC
In the Circuit Court of the Sixteenth Judicial Circuit, Kane County, Illinois
Case No. 2023-LA-000394
About This Case
IF YOU SCANNED YOUR FINGER IN CALMARK’S TIMEKEEPING SYSTEM IN ILLINOIS BETWEEN FEBRUARY 16, 2018 TO JUNE 7, 2019 WITHOUT FIRST EXECUTING A WRITTEN CONSENT, YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.
A court authorized this notice. You are not being sued. This is not a solicitation from a lawyer.
The Notice contains information about a proposed class action settlement with Calmark Group, LLC (“Calmark” or “Defendant”). A proposed class action settlement has been reached in the case of Luis Neri v. Calmark Group, LLC, Case No. 2023-LA-000394, pending in the Circuit Court of Kane County, Illinois. On November 30, 2023, the Court preliminarily approved the settlement and, by agreement of the parties, certified this lawsuit to proceed as a class action for settlement purposes only. If, between February 16, 2018 to June 7, 2019, you used a hand or finger or biometric identifier or biometric information at Defendant’s facilities within Illinois and did not provide written consent in advance, you are a member of the Settlement Class. Excluded from the Settlement Class are (1) any Judge or Magistrate presiding over this Action and members of their families; (2) Persons who properly execute and file a timely request for exclusion from the Settlement Class; and (3) the legal representatives, successors or assigns of any excluded Persons. If you are a member of the Settlement Class, then you are entitled to compensation under the terms of the proposed Settlement.
The notice is to advise you of the terms of the proposed Settlement, and your rights in connection with it. The Notice contains only a summary of the Settlement Agreement. Your legal rights are affected whether you act or don’t act. Read the notice carefully.
The proposed settlement is not an admission of wrongdoing by Defendant, and Defendant denies that it violated the Illinois Biometric Information Privacy Act or any other law. The Court has not decided who is right or wrong. Rather, to save the time, expense, and distraction of litigation, the parties have agreed to settle the lawsuit.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
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SUBMIT A CLAIM FORM BY MAY 18, 2024 | Members of the Settlement Class can choose to submit a claim to receive a Settlement Payment. This is the only way to receive a payment. You can file a claim online by clicking here. |
ASK TO BE EXCLUDED FROM THE CLASS BY FEBRUARY 28, 2024 | If you choose to exclude yourself (opt out), you will not be included in the Settlement. You will receive no benefits and you will not release any claims you may have against Defendant regarding the allegations in this case ever again. |
OBJECT BY FEBRUARY 28, 2024 | If you wish to object to the Settlement, you must file your objection in writing with the Clerk of the Court, and send a copy of your objection to the attorneys for all Parties. If you exclude yourself from the Settlement, you cannot file an objection. Settlement Class Members who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be heard or have the right to appeal approval of the Settlement. If you file an objection and wish it to be considered, you must also appear at the Final Approval Hearing, in-person or through counsel, to show cause of why the proposed Settlement should not be approved as fair, reasonable, and adequate. |
DO NOTHING | You will be included in the Settlement Class, but receive no benefits. You will be bound by the Court’s judgment of dismissal, and release claims against Defendant and Released Parties relating to the claims in this case. |
The Court in charge of this action has preliminarily approved the Settlement as fair, reasonable, and adequate, and must decide whether to give final approval to the Settlement. The relief provided to Settlement Class Members will be provided only if the Court gives final approval to the Settlement and, if there are any appeals, after the appeals are resolved in favor of the Settlement. Please be patient.
Important Dates
Preliminary Approval Granted 11/30/2023 |
Objection Deadline 02/28/2024 |
Opt Out Deadline 02/28/2024 |
Final Approval Hearing 04/03/2024 |
Claim Deadline 05/18/2024 |