Frequently Asked Questions

BASIC INFORMATION

1. WHY HAVE YOU RECEIVED THE NOTICE?

The Court authorized notice of a proposed settlement in a class action lawsuit entitled Randy Shrewsbury v. W.M. Plastics Inc., Case Number 2023CH00407, that is pending in Cook County, Illinois (“Lawsuit”). The settlement would resolve the Lawsuit brought on behalf of the Settlement Class. You are received the Notice because you have been identified through Defendant’s records as a Settlement Class Member.

2. WHAT IS THIS LAWSUIT ABOUT?

The named plaintiff, Randy Shrewsbury (“Plaintiff”), filed a class action lawsuit alleging that W.M. Plastics Inc. (“Defendant”) collected its employees’ fingerprints without making the disclosures and obtaining the written consent required by the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (“BIPA”). Defendant denies and continues to deny Plaintiff’s allegations. Notwithstanding their disagreements, the parties have proposed a settlement that, if approved by the Court, will resolve the Settlement Class’ claims relating to the collection of biometric identifiers and/or biometric information. The Settlement does not establish who is right or wrong.

3. WHAT IS THE PROPOSED SETTLEMENT?

Without admitting any fault or liability, and in exchange for a release of all claims relating to the alleged collection of biometric identifiers and/or biometric information, Defendant has agreed to create a Settlement Fund of $210,375.00 to pay Settlement Class Members a check of approximately $600, in addition to paying a service award to Plaintiff for serving as the “Class Representative,” Class Counsel’s attorneys’ fees and expenses, and settlement administration costs. Each person who is successfully delivered notice and who does not timely exclude themselves from the settlement will be entitled to a pro rata share of the Net Settlement Fund, which is estimated to be $600 per Settlement Class Member, which shall be calculated as follows: the Settlement Fund minus (i) the Incentive Award, (ii) Class Counsel’s requested fees and costs, (iii) settlement administration expenses and costs of issuing settlement notice and administration, which amount is then divided by the number of persons successfully delivered notice on the Settlement Class List and who do not elect to be excluded from the settlement.

The Court has preliminarily approved this settlement, subject to a fairness hearing that will occur on January 24, 2025, at 9:30 a.m. at the courthouse located at the Richard J. Daley Center, Circuit Court of Cook County, 50 West Washington Street, Chicago, IL 60602 via Zoom [Meeting ID: 956 5899 1093; Passcode: 129359].

4. WHAT CAN YOU DO NOW? YOU HAVE THREE OPTIONS.

1. Do nothing. If you want to participate in the settlement and receive a settlement payment, do nothing. A check (estimated to be $600) will be mailed to you if the Court grants final approval of the settlement, and you will give up any right to sue Defendant about the issues in this case.

2. Exclude yourself from the Settlement Class and the settlement. You will receive no payment, but you will retain any right to sue Defendant about the issues in this case. You can exclude yourself from the class action and the settlement by mailing a written request that states you would like to be excluded from the settlement. This request must be postmarked on or before the December 26, 2024, and it must list your name, fax number(s) (if any), telephone number, street address, the case name and case number (listed at the top of this document), and a statement that you would like to be excluded: “I hereby request to be excluded from the proposed Settlement Class in Randy Shrewsbury v. W.M. Plastics Inc., Case No. 2023CH00407 (Cir. Ct. Cook Cty).” You must mail your request for exclusion to:

Shrewsbury v W.M. Plastics Inc.
Settlement Administrator
PO Box 25226
Santa Ana, CA 92799

3. Object to the settlement in writing. If you are a Settlement Class Member and do not exclude yourself from the settlement, you can file a written objection which must explain to the Court why you don’t like the settlement or otherwise object to it. You must file your written objection with the Clerk of the Circuit Court for Cook County, Illinois. Your objection must be postmarked by December 26, 2024.

You must also serve copies of your objection and any supporting memoranda or materials on the attorneys for the Settlement Class, Roberto Luis Costales, Beaumont Costales LLC, 107 W. Van Buren Street, Suite 209, Chicago, IL 60605 and the attorneys for Defendant, Anne E. Larson, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., 155 North Wacker Drive, Suite 4300, Chicago, Illinois 60606, postmarked by the same date. Your objection must be signed under penalties of perjury and must identify (1) your name and address, (2) all attorneys who assisted you in the preparation and filing of your objection, (3) a list of all other class action cases in which you or your attorneys have submitted an objection to a settlement, (4) a statement of the reasons why you believe the Court should find that the proposed settlement is not fair, reasonable, adequate, and in the best interests of the Settlement Class, and (5) a statement indicating whether you intend to appear at the Final Approval Hearing (either personally or through counsel). If your objection does not comply with these requirements, the Court will strike and disregard your objection. It is not enough to say that you object. You must state the reasons why you do not like the settlement or otherwise object to it. If Court considers your objections but yet approves the settlement, you will remain a Settlement Class Member, receive a settlement payment and give up any right to sue Defendant about the issues in this case.

5. WHO REPRESENTS THE SETTLEMENT CLASS?

The Court appointed Plaintiff to be the “Class Representative” and appointed Roberto Luis Costales and William H. Beaumont of Beaumont Costales LLC, located at 107 W. Van Buren Street, Suite 209, Chicago, IL 60605, as “Class Counsel.” At the fairness hearing, Class Counsel will request that the Court approve a service award of $5,000.00 from the Settlement Fund for the Class Representative’s service on behalf of the Settlement Class. Class Counsel will request that the Court award 40% of the Settlement Fund ($84,150.00) for attorneys’ fees and for out-of-pocket litigation expenses—to be paid from the Settlement Fund.

6. WHEN WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

The Court will hold a hearing to decide whether the proposed settlement is fair and reasonable and should be approved. At that fairness hearing, the Court will hear any objections and arguments about the proposed settlement, including about the attorneys’ fees and expenses requested by Class Counsel and the incentive award requested for the Class Representative. The fairness hearing will take place on January 24, 2025, at 9:30 a.m. at the Cook County Courthouse, 50 West Washington Street Chicago, IL 60602 via Zoom [Meeting ID: [Meeting ID: 956 5899 1093; Passcode: 129359]. You do not need to attend this hearing unless you object. The fairness hearing may be continued to a future date without further notice. If the Court does not approve the settlement, the litigation will proceed as if no settlement has been attempted. If the settlement is not approved, there is no assurance that the Settlement Class will recover more than is provided in the settlement, or anything at all.

7. HOW DO I OBTAIN MORE INFORMATION?

This description of the litigation is general and does not cover all of the issues and proceedings. If you have specific questions, you may contact Class Counsel, Roberto Luis Costales and William H. Beaumont of Beaumont Costales LLC by phone at (773) 831-8000, by email at rlc@beaumontcostales.com. Include the case number, your name, your fax number, and your telephone number. You may also contact the Settlement Administrator, Simpluris, Inc., by calling (833) 285-3427. To obtain a copy of the settlement agreement, the Plaintiff’s motion for approval of the settlement, and other court documents you may visit the Important Documents page. You may also view documents related to the case by visiting the office of the Clerk of the Circuit Court for Cook County, Illinois where files relating to this Lawsuit will be available for inspection and copying at your own expense.

Please do not contact the Clerk of the Court, the Judge, or the Judge’s staff, because they cannot answer your questions or give you advice about this settlement.