Frequently Asked Questions

BASIC INFORMATION

1. What is the notice and why should I read it?

The Court authorized notice to let you know about the proposed Settlement with Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

Judge Barbara (Bobbi) Petrungaro of the 12th Judicial Circuit Court of Illinois, Will County is overseeing this class action. The case is called Cardona v. Magid Glove & Safety Manufacturing Co., LLC, Case No. 2021-CH-000257. The person who brought the lawsuit, Bernardo Cardona, is the Plaintiff. The company he sued, Magid Glove & Safety Manufacturing Co., LLC, is the Defendant.

2. What is a class action lawsuit?

A class action is a lawsuit in which an individual called a “Class Representative” brings a legal claim or claims on behalf of other people who have similar legal claims. In this case, Bernardo Cardona is the Class Representative. The people Mr. Cardona seeks to represent together are a “class” or “class members.” Once a class is certified, a class action settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who properly exclude themselves from the Settlement Class.

In this case, Mr. Cardona seeks to represent two Settlement Classes, one related to the use of fingertip-scan timeclocks and the other relating to temperature scanners.

THE CLAIMS IN THE LAWSUIT AND THE SETTLEMENT

3. What is this lawsuit about?

The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1 et seq., prohibits private companies from capturing, obtaining, storing, and/or using the biometric identifiers and/or biometric information of another individual for any purpose, without first providing notice and getting consent in writing. Biometrics are things like your fingerprint, facial scan, or a scan of your retina or iris. This lawsuit alleges that Defendant captured (1) fingerprints through the use of fingertip-scan timeclocks and (2) facial, iris, or retina scans when its workers had their temperatures scanned at certain times during the COVID pandemic, without getting consent from workers.

Defendant denies the claims in the lawsuit and denies that it collected any fingerprints or facial, iris, or retina scans, or any other biometric data. Defendant denies that it violated BIPA or any other law. Defendant denies that class certification is warranted or appropriate.

More information about Plaintiff’s complaint in the lawsuit can be found on this website.

4. Who is included in the Settlement Classes?

You are a member of a Settlement Classes if you scanned a finger to clock in or out of work at Defendant’s facility in Romeoville, Illinois and/or had your temperature scanned between January 8, 2016, and August 30, 2024 (the “Settlement Time Period”).

If you received a notice of this Settlement via e-mail or text message or in the mail on or after September 20, 2024, our records indicate that you are a Settlement Class Member. You may call or e-mail the Settlement Administrator at (833) 591-3451 or [e-mail] if you have questions about whether you are a member of the Settlement Class.

Excluded from the Settlement Class are persons who properly execute and file a timely request for exclusion from the Settlement Class.

THE SETTLEMENT BENEFITS

5. What does the Settlement provide?

If you were a temporary worker, you must submit a claim to receive benefits from this Settlement. If you do not timely submit a claim, you will not be entitled to receive any benefit from this Settlement.

Defendant has agreed to create a total Settlement Fund of $5,175,000.00. The payment to each Settlement Class Member is estimated to be up to approximately $135.26 for the Settlement Class Members who had their temperatures scanned and up to approximately $3,244.38 for Settlement Class Members who used fingertip-scan timeclocks. The exact amount is unknown at this time and could be more or less depending on the circumstances, including the costs of other expenses to be paid from the Settlement Fund, such as settlement expenses, attorneys’ fees, litigation expenses, and any incentive award for the Class Representative in the litigation approved by the Court from the Settlement Fund.

HOW TO GET SETTLEMENT BENEFITS

6. How do I get a payment?

If you are a current or former employee of Defendant, you need not submit anything in order to receive the payment to which you are entitled under the Settlement.

If you were a temporary employee and you want to get a settlement payment, you must complete and submit a valid Claim Form by November 19, 2024. If you received an email notice, it contained a link to the online Claim Form, which is also available here and can be filled out and submitted online. A paper Claim Form with pre-paid postage was attached to the postcard notice you may have received in the mail. Those who submit a Claim Form will receive a check, if the claim is approved.

Depending on the nature of your claim, you may need to complete an IRS Form W-9 to satisfy IRS tax reporting obligations related to the payment and avoid backup tax withholding. You may complete the Form W-9 now on the settlement website. Completing the Form W-9 now will ensure that you receive your full payment as soon as possible.

7. When will I get my payment?

The hearing to consider the fairness of the Settlement is scheduled for December 20, 2024 at 9:00 a.m. CT. If the Court approves the Settlement, Class Members whose claims were approved by the Settlement Administrator and, if necessary, who have completed a Form W-9 on the Settlement Website, will be issued a check within 30 days after the Settlement is funded. If there is an appeal of the Settlement, payment may be delayed. Updated information about the case can be obtained through Class Counsel at the telephone number or email address provided below. Please be patient.

All uncashed checks will expire and become void after 90 days. Funds corresponding to uncashed checks will be returned to Magid.

THE LAWYERS REPRESENTING YOU

8. Do I have a lawyer in the case?

Yes, the Court has appointed lawyers (i) Daniel R. Brown and Stephen A. Fraser of Williams Barber & Morel Ltd., (ii) Michael J. Wood of Community Lawyers LLC, and (iii) Michael Drew of Neighborhood Legal, LLC as the attorneys to represent you and other Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiff Bernardo Cardona to serve as the Class Representative. Class Counsel can be reached by calling 1-312-443-3200.

9. Should I get my own lawyer?

You don’t need to hire your own lawyer because Class Counsel is working on your behalf. You may hire your own lawyer, but if you do so, you may have to pay that lawyer.

10. How will the lawyers be paid?

Class Counsel will ask the Court for attorneys’ fees of up to 33% of the Settlement Fund, as well as litigation expenses, and will also request an incentive award of $17,500 for the Class Representative from the Settlement Fund. The Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any incentive award to the Class Representative. The Court may award less than the amounts requested.

YOUR RIGHTS AND OPTIONS

11. What happens if I do nothing at all?

If you do nothing and you are a current or former employee of the Defendant, you will receive the payment to which you are entitled from the Settlement Fund, and you will be bound by all orders and judgments of the Court.

If you were a temporary worker and you do nothing, you will receive no money from the Settlement Fund, but you will still be bound by all orders and judgments of the Court.

Unless you exclude yourself from the Settlement, you will not be able to file or continue a lawsuit against Defendant or other Releasees regarding any of the Released Claims, as those terms are defined in the Settlement Agreement. Submitting a valid and timely Claim Form is the only way for you to receive a payment from this Settlement.

To submit a Claim Form, or for information on how to request exclusion from the class or file an objection, please continue reading or call (833) 591-3451.

12. What happens if I ask to be excluded?

You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment from the Settlement, but you will keep any claims you may have against the Releasees (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have in your own lawsuit against the Releasees at your own risk and expense.

13. How do I ask to be excluded?

You can mail or email a letter stating that you want to be excluded from the Settlement. Your letter must: (a) be in writing; (b) identify the case name and number, Cardona v. Magid Glove & Safety Manufacturing Co., LLC, Case No. 2021-CH-000257; (c) state the name, address, and telephone number of the person in the Settlement Class seeking exclusion; (d) be signed in handwriting by the person seeking exclusion; (e) contain a statement that such person wishes to be excluded from the Settlement, and (f) be directed to the Settlement Administrator and postmarked on or before October 29, 2024.

You must mail or email your exclusion request no later than October 29, 2024 to:

Cardona v. Magid Glove and Safety Manufacturing Company, LLC
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

You can’t exclude yourself over the phone. No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs. Each request for exclusion must be separately signed and submitted.

Exclusion requests that do not strictly conform with the foregoing shall be invalid, and the person serving such a request shall remain a Settlement Class Member, bound by the terms of the Settlement.

14. If I don’t exclude myself, can I sue Defendant for the same thing later?

No. Unless you exclude yourself, you give up any right to pursue a legal claim against Defendant or any other Releasee for the claims being resolved by this Settlement.

15. If I exclude myself, can I get anything from this Settlement?

No. If you exclude yourself, you will not receive a payment from the Settlement.

16. How do I object to the Settlement?

If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should deny approval by filing an objection. To object, you must file a letter or brief with the Court stating that you object to the Settlement in Cardona v. Magid Glove & Safety Manufacturing Co., LLC, Case No. 2021-CH-000257, no later than October 29, 2024. All objections and other filings must be e-filed via the Court’s electronic filing system.

The objection must be in writing, must be signed, and must include the following information: (a) your full name, address, and telephone number, (b) a statement that you believe you are a member of a Settlement Class, (c) the specific factual and/or legal grounds for your objection, including any supporting materials, (e) your handwritten signature, (f) the name and telephone number of any attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of your objection or who may profit from the pursuit of the objection, and (g) a statement indicating whether you (and/or your counsel) intend to appear at the Final Approval Hearing. You must submit any objection in writing by [date] in order to be heard by the Court at the Final Approval Hearing. 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.

In addition to filing your objection with the Court, you must send via mail, hand delivery, or overnight delivery, by no later than October 29, 2024, copies of your objection and any supporting documents to both Class Counsel and the Defendant’s Counsel at the addresses listed below:

Any Settlement Class Member objector who has filed and served a timely written objection in accordance with this Section must also appear at the Final Approval Hearing either in person or through counsel hired by the objector. No objector may appear at the Final Approval Hearing unless he or she has filed a timely objection that complies with the procedures provided in this Section.

17. What’s the difference between objecting and excluding myself from the Settlement?

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you are a Settlement Class Member. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be a Settlement Class Member. If you exclude yourself, you have no basis to object because the case no longer affects you.

THE COURT’S FINAL APPROVAL HEARING

18. When and where will the Court decide whether to approve the Settlement?

The Court will hold the Final Approval Hearing on December 20, 2024 at 9:00 a.m. CT before the Honorable Barbara (Bobbi) Petrungaro in Courtroom 903 of the Will County Courthouse, 100 W. Jefferson Street, Joliet, Illinois, 60432, or via remote means as instructed by the Court. Instructions for participating remotely will be posted on the Settlement Website. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the Class Representative.

Note: The date, time, and location of the Final Approval Hearing are subject to change by Court order. Any changes will be posted on this settlement website.

19. Do I have to come to the hearing?

No, but you are welcome to come at your own expense. Class Counsel will answer any questions the Court may have. If you timely file and serve an objection, you may also appear at the Final Approval Hearing either in person or through counsel hired by the objector. No objector may appear at the Final Approval Hearing unless he or she has filed a timely objection that complies with the procedures provided in this Section.

20. May I speak at the hearing?

Yes. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement. If you filed an objection (see Question 16 above) and intend to appear at the hearing, you must state your intention to do so in your objection.

GETTING MORE INFORMATION

21. Where do I get more information?

The Notice summarizes the proposed Settlement. More details, including the Settlement Agreement and other documents are available in the Important Documents section of this website or at the Clerk’s Office in the Will County Courthouse, 100 West Jefferson Street, Joliet, Illinois 60432, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays. You can also contact Class Counsel at 312-443-3200 with any questions.

PLEASE DO NOT CONTACT THE COURT, THE JUDGE, THE DEFENDANT OR THE DEFENDANT’S LAWYERS WITH QUESTIONS ABOUT THE SETTLEMENT OR DISTRIBUTION OF SETTLEMENT PAYMENTS.