Struck v. Woodman’s Food Market Class Action Website

Welcome to the Struck v. Woodman’s Food Market Class Action Website

Struck v. Woodman’s Food Market, Case No. 2021-CH-00000053 (19th Cir. Ct. Lake Cnty.)

PLEASE READ THE NOTICE CAREFULLY AS YOUR LEGAL RIGHTS MAY BE AFFECTED.

A CLASS ACTION SETTLEMENT HAS BEEN REACHED UNDER WHICH YOU MAY BE ENTITLED TO A PAYMENT IF YOU MAKE A TIMELY CLAIM.

The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from capturing, obtaining, storing, transferring, and/or using the biometric identifiers and/or biometric information, defined to include fingerprints, of an individual without first providing such individual with certain written disclosures and obtaining written consent. The Action alleges the Defendant violated BIPA and was negligent by requiring certain people working at its facilities to scan their fingerprints for timekeeping purposes without first obtaining written consent and without first having a written policy. Defendant denies the claims made in the Action and denies that it violated the law or did anything wrong. No trial has been held on the merits of any allegations against Defendant or as to Defendant’s defenses.

You are in the Settlement Class if, between March 10, 2015 and March 26, 2021, the Defendant collected your biometric information or biometric identifiers for timekeeping purposes.

The Settlement Class is specifically defined as:
All current and former employees of Defendant who used a finger scanner time clock at a facility owned or operated by Defendant in the State of Illinois between March 10, 2015 and March 26, 2021, without first being provided BIPA disclosures and executing written consent.

Excluded from the Settlement Class are: (a) persons who executed a settlement agreement and release with Defendant releasing and/or waiving their BIPA claims; (b) any Judge presiding over this action and members of their families; (c) Defendant, Defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which Defendant or its parents have a controlling interest; (d) persons who properly execute and file a timely request for exclusion from the Settlement Class; and (e) the legal representatives, successors, heirs or assignees of any such excluded persons.

You have four options as follow:

(1) Submit a Claim Form.
If you are a member of the Settlement Class and submit a valid Claim Form by May 11, 2021, then you will receive a share of the Settlement Fund.

(2) Exclude yourself.
You may exclude yourself from the settlement. If you do so, you will not receive any cash payment, but you will not release any claims you may have against the Defendant or the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have, including pursuing your own lawsuit against the Defendant at your own risk and expense. To exclude yourself from the settlement, you must mail a signed letter to the Settlement Administrator at Struck v. Woodman’s Food Market Settlement Administrator, P.O. Box 43208, Providence, RI 02940-3208 postmarked by May 11, 2021. The exclusion letter must state that you exclude yourself from this settlement and must include the name and case number of this litigation, as well as your full name, address, telephone number, signature, and a statement to the effect that “I/We hereby request to be excluded from the proposed Settlement Class in Struck v. Woodman’s Food Market, Case No. 2020-CH-00000053.”

(3) Object to the Settlement.
If you wish to object to the settlement, you must file your objection with Clerk of the Circuit Court of Lake County, 18 N. County St., Waukegan, IL 60085. The objection must be received by the Court no later than May 11, 2021. You must also send a copy of your objection to the attorneys for all Parties to the Action, including Class Counsel (Gary M. Klinger, Mason, Lietz & Klinger LLP, 227 W. Monroe St., Ste. 2100, Chicago, IL 60606), as well as the attorneys representing the Defendant (Michael D. Hayes, Husch Blackwell LLP, 120 South Riverside Plaza, Ste. 2200, Chicago, IL 60606), postmarked no later than May 11, 2021. Any objection to the proposed settlement must include: (a) your full name and current address; (b) a statement that you believe you are a member of the Settlement Class; (c) the specific grounds for the objection; (d) all documents or writings that you desire the Court to consider; (e) the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection; and (f) a statement indicating whether you intend to appear at the Final Approval Hearing (either personally or through counsel, who must file an appearance or seek pro hac vice admission). If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the settlement, you cannot file an objection.
You may appear at the Final Approval Hearing, which is to be held on July 9, 2021 at 9:15 a.m., in Courtroom C301 of the Lake County Courthouse, 18 N. County St., Waukegan, IL 60085, in person or through counsel to show cause of why the proposed Settlement Agreement should not be approved as fair, reasonable, and adequate. Attendance at the hearing is not necessary; however, persons wishing to be heard orally in opposition to the approval of the settlement, the request for attorneys’ fees and expenses, and/or the request for an service award to the Class Representative are required to indicate in their written objection their intention to appear at the hearing on their own behalf or through counsel, to identify the names of any witnesses they intend to call to testify at the Final Approval Hearing and a summary of their proposed testimony, and to provide a detailed description of any and all evidence they may offer at the Final Approval Hearing, including photocopies of any and all exhibits they may introduce at the Final Approval Hearing.

(4) Do Nothing.
If you do nothing, you will be a part of this class settlement. You will not receive a monetary benefit, but you will be giving up your rights as set forth in this notice.