MANUEL MARTINEZ v. C STUDIO MANUFACTURING, LLC

The notice has been approved by the Court and summarizes the proposed Settlement.  For the precise terms and conditions of the Settlement, please review the Settlement Agreement, available in the Important Court Documents.  Judge Angelo J. Kappas of the Eighteenth Judicial Circuit Court of DuPage County, Illinois is overseeing this class action.  The lawsuit is known as Martinez v. C Studio, Case No. 2023CH000053 (Ill. Cir. Ct., DuPage Cty.).

The lawsuit claimed that C Studio Manufacturing, LLC (“C Studio”) collected, used, stored, obtained, and disseminated Plaintiff’s biometric information and/or identifiers in violation of the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et. seq.  C Studio denies all of the allegations in the lawsuit.

In a class action lawsuit, one or more people (called named plaintiffs) sue on behalf of other people who have similar claims.  The people together are a class or class members.  The company they sued is called the defendant.  One court resolves the issues for everyone in the class, except for those people who choose to exclude themselves, or opt out, of the class.

The Court did not decide in favor of Plaintiff or C Studio, the Defendant, here.  Instead, both sides agreed to a Settlement.  The Plaintiff and Class Counsel believe the proposed Settlement confers substantial benefits on the Settlement Class and have determined that the Settlement is in the best interest of the Settlement Class and represents a fair, reasonable and adequate resolution of the lawsuit.  

The Court decided that everyone who fits this description and does not fall under the exclusions below is a Settlement Class Member:   All persons who scanned or otherwise used their finger (or any portion thereof) or any other biometric identifier or information to enroll in or clock into or out of Defendant’s timekeeping system in the state of Illinois at any time from March 9, 2018 through the date of Preliminary Approval.

Excluded from the Settlement Class are: (1) Class Counsel; (2) the judges who have presided over this lawsuit; and (3) all persons or entities who have timely elected to become Opt Outs from the Settlement Class in accordance with the Settlement Agreement.

If you are still unsure whether you are included, you can email the Settlement Administrator at [email protected].

The proposed Settlement creates a common fund of $150,000 to pay approved claims made by Settlement Class Members. Settlement Class Members may submit a claim for a cash payment of no more than $1,250. To receive payment, you must complete, sign, and submit or postmark a Claim Form by the Claim Deadline.

The Court will hold a hearing on March 21, 2024 at 10:00 A.M. CST, to decide whether to approve the Settlement.  If the Court approves the Settlement after that, there may be appeals.  It is always uncertain whether those appeals can be resolved, and resolving them can take time, perhaps more than a year.  Please be patient.

If Settlement Class Members’ claims from the Settlement Fund would result in C Studio paying more than $150,000 into the Settlement Fund, then each Settlement Class Member’s claim will be reduced pro rata, meaning that each cash award will be reduced by an equal percentage until the Settlement Class Members’ claims no longer exceed the funds available for payment from the $150,000.  
If the Settlement Fund is undersubscribed (i.e., fewer claims for compensation are approved than dollars available in the Settlement Fund), any amounts remaining in the Settlement Fund will revert in full to C Studio.

Unless you exclude yourself, you are staying in the Settlement Class, and that means that you cannot sue, continue to sue or be part of any other lawsuit against C Studio and related entities about the legal issues in this case.  It also means that all of the Court’s orders will apply to you and legally bind you.  If you sign the Claim Form, you will agree to a Release of claims which describes exactly the legal claims that you give up if you get Settlement benefits.  The Release is defined and detailed in the Settlement Agreement, which is available in the Important Court Documents section.

Any member of the Settlement Class who wants to be excluded from the Settlement Class and to become an Opt Out must submit a Request for Exclusion to the Settlement Administrator at the address provided below. 

Any request to be excluded from the Settlement Class must be postmarked on or before February 20, 2024 and must:

1. the signature of the member of the Settlement Class, even if represented by counsel.  If the member of the Settlement Class is an entity and not an individual, the Request for Exclusion must be signed by an officer or director of the entity with authority to act on behalf of that entity.  If the member of the Settlement Class Member is represented by counsel, the Request for Exclusion shall also be signed by that attorney.
2. the name, address and telephone number of the Person requesting exclusion; and
3. a clear and unambiguous statement communicating that such Person elects to be excluded from the Settlement Class, does not wish to be a Settlement Class Member and elects to be excluded from any judgment entered pursuant to the Settlement. 

Requests for Exclusion must be mailed to:

C Studio BIPA Settlement Administrator
ATTN:  Exclusion Request Mail
PO Box 23459
Jacksonville, FL 32241

You may exclude yourself on an individual basis only; so-called “mass” or “class” opt outs are not allowed. 

No.  Unless you exclude yourself, you will be bound by the Final Order and Judgment, and you give up the right to sue C Studio for the claims that this Settlement resolves.  If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately.  You must exclude yourself from this Settlement Class to continue your own lawsuit.

No.  If you exclude yourself, do not submit a Claim Form to ask for a cash payment.  But you may sue, continue to sue or be part of a different lawsuit against C Studio.

No.  A member of the Settlement Class who submits a timely Request for Exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.

No.  Any member of the Settlement Class who fails to submit a timely and complete Request for Exclusion sent to the proper address shall be subject to and bound by this Settlement and every order or judgment entered pursuant to this Settlement.  Any purported Request for Exclusion or other communication sent to such address that is unclear or internally inconsistent with respect to the desire of the member of the Settlement Class to be excluded from the Settlement Class will be deemed invalid unless determined otherwise by the Court.  Requests for Exclusion signed only by counsel or another representative shall not be permitted.

The Court has appointed Daniel Schlade and James Dore of Justicia Laboral, LLC to represent you as Class Counsel.  You will not be charged for these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court for Attorneys’ Fees and Expenses up to $50,000 and a payment of up to $1,000 for the Plaintiff.  The Court may award less than these amounts.  The fees and expenses that the Court approves will be paid from the Settlement Fund.  The costs to administer the Settlement will also be paid from the Settlement Fund.  Class Counsel’s Motion for Attorneys’ Fees and Expenses will be available on the Settlement Website once it has been filed.

If you are a Settlement Class Member, you can object to the Settlement if you do not like any part of it.  You can ask the Court to deny approval by filing a written notice of objection.  You cannot ask the Court to order a different Settlement; the Court can only approve or reject the Settlement.  If the Court denies approval, no cash payments will be provided under the Settlement, and the lawsuit will continue.  If that is what you want to happen, you may object.  Please note that you cannot both object to the Settlement and opt out of it.

Any objection to the proposed Settlement must be in writing.  If you file a timely written notice of objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney.  If you appear through your own attorney, you are responsible for hiring and paying that attorney.  Your objection must be filed on or before February 20, 2024, or it will not be considered.

Any Settlement Class Member who wishes to be heard at the Final Approval Hearing, or who wishes for any objection to be considered, must file a written notice of objection by February 20, 2024 that must:

1. the signature of the member of the Settlement Class objecting, even if represented by counsel.  If the member of the Settlement Class is an entity and not an individual, the objection must be signed by an officer or director of the entity with authority to act on behalf of that entity.  If the Settlement Class Member that is objecting to the Settlement is represented by counsel, the objection shall also be signed by that attorney;
2. the name, address and telephone number of the Settlement Class Member objecting;
3. State the name, address and telephone number of every attorney representing or assisting the objector;
4. Contain a detailed statement of each objection asserted, including the grounds for objection, together with any documents such Settlement Class Member wishes to be considered in support of the objection;
5. A list of all cases in which the Settlement Class Member or Settlement Class Member’s counsel filed an objection or in any way participated -- financially or otherwise -- in objecting to a class settlement during the preceding five years; and
6. a statement regarding whether the Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, and a list of all persons, if any, who will be called to testify in support of the objection. 

A Settlement Class Member must file a notice of objection, including any request to be heard with the Clerk of the Court, and serve by mail or hand delivery such notice of objection, including any request to be heard, including all papers or evidence in support thereof, upon one of the Class Counsel and Defense Counsel, at the addresses set forth below, no later than February 20, 2024. 

Any Settlement Class Member who does not properly or timely file his or her objection with the Clerk of the Court, along with the required information and documentation set forth above, or to serve it as provided above, shall not be heard during the Final Approval Hearing, shall not have their objections considered by the Court and shall be foreclosed from seeking any adjudication or review of the Settlement by appeal or otherwise.

Objecting is simply telling the Court that you do not like something about the Settlement.  You can object only if you stay in the Settlement Class.  Excluding yourself is telling the Court that you do not want to be part of the Settlement Class.  If you exclude yourself, you have no basis to object because the case no longer affects you.

No.  Any Settlement Class Member who does not properly or timely file his or her objection with the Clerk of the Court, along with the required information and documentation set forth above, or to serve it as provided above, shall not be heard during the Final Approval Hearing, shall not have their objections considered by the Court and shall be foreclosed from seeking any adjudication or review of the Settlement by appeal or otherwise.

The Court will hold a Final Approval Hearing at 10:00 A.M. CST on March 21, 2024 in Courtroom 2020 at the Eighteenth Judicial Circuit Court of DuPage County, Illinois, 421 North County Farm Road, Wheaton, Illinois 60187 or by remote means as ordered by the Court.  At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate.  If there are timely and proper objections, the Court will consider them.  The Court will listen to people who have timely and properly asked to speak at the hearing.  The Court may also decide how much to pay Class Counsel and award Plaintiff.  After the hearing, the Court will decide whether to approve the Settlement.  We do not know how long these decisions will take.

No.  Class Counsel will answer any questions the Court may have, but you are welcome to come at your own expense.  If you submit an objection, you do not have to come to Court to talk about it.  As long as you timely and properly submitted your written objection, along with the required information and documentation set forth above, the Court will consider it.  You may also pay your own lawyer to attend, but it is not necessary.

You may ask the Court for permission to speak at the Final Approval Hearing.  To do so, you must submit a written notice of objection that states your intention to appear at the Final Approval Hearing, either with or without counsel, as outlined above.  Be sure to include your name, address, telephone number and your signature as well as the signature of any attorney representing you, in addition to the other information outlined above.  Your written notice of objection indicating your intention to appear must be filed with the Clerk of the Court, and served by mail or hand delivery upon one of the Class Counsel and Defense Counsel, at the addresses set forth in Section 18 above, no later than February 20, 2024.  You cannot speak at the hearing if you excluded yourself.

If you do nothing, you will not receive any monetary benefits from this Settlement. If the Settlement is granted final approval and the judgment becomes final, you will give up your right to be able to start a lawsuit, continue with a lawsuit or be part of any other lawsuit against C Studio and related entities about the legal issues in this case ever again.

This Notice summarizes the proposed Settlement.  More details are in the Settlement Agreement.  You can get a copy of the Settlement Agreement and other important case documents in the Important Court Documents section.

You can call toll-free (888) 491-3942, email [email protected], or visit the Important Court Documents section, where you will be able to find the Claim Form, Motions for Approval of Attorneys’ Fees and Expenses and Plaintiff’s Settlement Award and Settlement Agreement and other important documents related to the Settlement.  You should check the website regularly for updates on the case, including regarding the Settlement, the approval process for the Settlement, the scope and terms of the Settlement Class and the scope and terms of the Settlement.

You may also contact the attorneys appointed by the Court to serve as Class Counsel:
Daniel Schlade
James Dore
Justicia Laboral, LLC
6232 N. Pulaski, #300
Chicago, IL 60646
Telephone: (773) 415-4898