IF YOU USED DEFENDANTS’ (JERRY ERWIN ASSOCIATES LLC, AMBER GLEN LLC, MILL CREEK, LLC, SUGAR CREEK, LLC, PEORIA EE GROUP, LLC, OR SENIOR LIVING EE GROUP) ALLEGED BIOMETRIC TIMEKEEPING SYSTEM IN ILLINOIS BETWEEN DECEMBER 21, 2015 TO JUNE 7, 2023 WITHOUT FIRST EXECUTING A WRITTEN CONSENT, YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.
The Notice contains information about a proposed class action settlement with Jerry Erwin Associates LLC, Amber Glen LLC, Mill Creek, LLC, Sugar Creek, LLC, Peoria EE Group, LLC, and Senior Living EE Group (“Defendants” or “Defendants”). A proposed class action settlement has been reached in the case of Katherine Miller v. Jerry Erwin Associates LLC, Amber Glen LLC, Mill Creek, LLC, Sugar Creek, LLC, Peoria EE Group, LLC, and Senior Living EE Group, Case No. 2020L 000186, pending in the Circuit Court of Champaign County, Illinois. On April 15, 2024, 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 December 21, 2015 to June 7, 2023, 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 Defendants, and Defendants deny that they 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 | |
SUBMIT A CLAIM FORM BY JULY 8, 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 here . |
ASK TO BE EXCLUDED FROM THE CLASS BY JULY 8, 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 Defendants regarding the allegations in this case ever again. See FAQ 13 for more information. |
OBJECT BY JULY 8, 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. See FAQ 16 for more information. |
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 Defendants 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.
Upcoming Important Dates