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There is a proposed Settlement with the Defendant. Eligible Class Members have legal rights and options that the Class Member may act on before the Court decides whether to approve the proposed Settlement. Eligible Class Members may be eligible to receive a cash payment as part of the Settlement. The Notice (Notice) in the Documents section of this Settlement Website explains the lawsuit, the Settlement, and the Class Member's legal rights.
Judge Raymond W. Mitchell of the Circuit Court of Cook County, Illinois is overseeing this class action. The case is called Fluker v. Glanbia Performance Nutrition, Inc., Case No. 2017-CH-12993. The person who filed the lawsuit, Mitchell Fluker, Jr. is the Plaintiff. The company he sued, Glanbia Performance Nutrition, Inc. is the Defendant.
A class action is a lawsuit in which one or more plaintiffs — in this case, Mitchell Fluker, Jr.– sue on behalf of a group of people who have similar claims. Together, this group is called a “Class” and consists of “Class Members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class. After the Parties reached an agreement to settle this case, the Court granted preliminary approval (Documents) of the Settlement and recognized it as a case that should be treated as a class action for settlement purposes.
This lawsuit alleges that Defendant violated an Illinois law called the Biometric Information Privacy Act (“BIPA”) by using finger scanner time clocks in Illinois without complying with the law’s requirements, including getting employees’ written consent to the collection and providing a publicly-available retention policy.
Defendant denies Plaintiff’s claims of wrongdoing and contends that it violated no laws. No court has decided who is right. The parties are instead entering into the Settlement to avoid time-consuming and expensive litigation. The Settlement is not an admission of wrongdoing by Defendant. More information about the complaint (Complaint) in the lawsuit and the Defendant’s position can be found in the Documents section (Documents) of this Settlement Website.
The Court has not decided whether Plaintiff or Defendant should win this case. Instead, both sides agreed to the Settlement. That way, they can avoid the uncertainty and expense of ongoing litigation, and Class Members will get compensation now rather than years from now — if ever. Plaintiff and his attorneys (“Class Counsel”) believe that the Settlement is in the best interests of the Settlement Class.
The Court decided that this Settlement includes all current or former employees of Glanbia Performance Nutrition, Inc. and Glanbia Performance Nutrition (Manufacturing), Inc. that used a finger scanner time clock at a facility operated by Glanbia in the State of Illinois between September 26, 2012 and May 12, 2020.
If you are a current or former employee of Glanbia Performance Nutrition, Inc. or Glanbia Performance Nutrition (Manufacturing), Inc. that used a finger scanner time clock at a facility operated by Glanbia in the State of Illinois between September 26, 2012 and May 12, 2020, you are a member of the Settlement Class and may be entitled to a cash payment.
Cash Payments to Class Members: If the Court approves the Settlement, Glanbia has agreed to pay a gross amount of $1,300.00 per class member. Class counsel will apply to the Court for compensation of administrative expenses and up to 35% of the total payments to Class Members (the “Settlement Fund”) in legal fees. This amount and the costs of administering the Settlement, as well as an incentive award to the named Plaintiff, will be deducted from the Settlement Fund before it is equally distributed to Class Members, which if granted, Class Counsel expect will result in payments to Class Members of approximately $800 each.
Agreement on Future Conduct: As part of the Settlement, Glanbia has agreed that it will comply with BIPA in the future by destroying biometric data it no longer needs and, should it use finger scanning devices for timekeeping purposes in the future, implementing policies and procedures to comply with the Illinois Biometric Information Privacy Act.
If you are a Class Member, the Settlement Administrator will send a check to your last known address.
The hearing to consider the fairness of the Settlement is scheduled for August 18, 2020. If the Court approves the Settlement, eligible Class Members will automatically be sent a check. Please be patient. All checks will expire and become void 90 days after they are issued. Uncashed checks will be donated to the Illinois Bar Foundation, the Cook County Bar Association, and/or Chicago Legal Aid, pending Court approval.
Yes, the Court has appointed lawyers Jay Edelson, Ari Scharg and J. Eli Wade-Scott of Edelson PC and David Fish of the Fish Law Firm as the attorneys to represent you and other Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiff Mitchell Fluker, Jr. to serve as the Class Representative. He is a Class Member like you. Class Counsel can be reached by calling 1-866-354-3015.
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 want your own lawyer, you will have to pay that lawyer.
Class Counsel will ask the Court for attorneys’ fees and expenses of up to 35% of the Settlement Fund, and will also request an incentive award of $5,000.00 for the Class Representative. The Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any award to the Class Representative. The Court may award less than the amounts requested.
If you do nothing, you will be a Settlement Class Member, and if the Court approves the Settlement, you will automatically receive a payment and you will also be bound by all orders and judgments of the Court. Unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against Glanbia or any other related entity for the claims or legal issues being resolved by this Settlement.
If you exclude yourself from the Settlement, you will receive no payment under the Settlement and you will no longer be a Settlement Class Member. You will keep your right to start your own lawsuit against Glanbia for the same legal claims made in this lawsuit. You will not be legally bound by the Court’s judgments related to the Settlement Class and the Defendant in this class action.
You can send a letter stating that you want to be excluded from the Settlement. Your letter must: (1) be in writing; (2) identify the case name, “Fluker v. Glanbia Performance Nutrition, Inc., Case No. 2017-CH-12993 (Cir. Ct. Cook Cty.),” (3) state your full name and current address; (4) be physically signed by you, and (5) be postmarked or received by the Settlement Administrator on or before July 21, 2020. Your request to be excluded must also include a statement to the effect that: “I hereby request to be excluded from the proposed Settlement Class in Fluker v. Glanbia Performance Nutrition, Inc., Case No. 2017-CH-12993 (Cir. Ct. Cook Cty.).” You must mail your exclusion request no later than July 21, 2020 to:
Fluker v. Glanbia Settlement Administrator
P.O. Box 34611
Philadelphia, PA 19101-4611
You can’t exclude yourself on the phone or by email.
No. Unless you exclude yourself, you give up any right to sue Glanbia and any other released party for the claims being resolved by this Settlement.
No. If you exclude yourself, you will not receive a payment.
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 Fluker v. Glanbia Performance Nutrition, Inc., Case No. 2017-CH-12993 (Cir. Ct. Cook Cty.), no later than July 21, 2020. Your objection must be sent to the Circuit Court of Cook County at the following address:
Clerk of the Circuit Court of Cook County - Chancery Division
Richard J. Daley Center, 8th Floor
50 West Washington Street
Chicago, Illinois 60604
The objection must be in writing, must be personally signed, and must include the following information: (1) your full name and current address, (2) a statement that you believe yourself to be a member of the Settlement Class, (3) the specific grounds for your objection, (4) all documents or writings that you desire the Court to consider, (5) 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 your objection or who may profit from the pursuit of your objection, and (6) a statement indicating whether you (or your counsel) intend to appear at the Final Approval Hearing. If you are represented by a lawyer, he or she must file an appearance or seek pro hac vice admission to practice before the Court, and electronically file the objection.
In addition to filing your objection with the Court, you must send via mail, hand, or overnight delivery service, by no later than the July 21, 2020, copies of your objection and any supporting documents to both Class Counsel and Glanbia’s lawyers at the addresses listed below:
J. Eli Wade-Scott
350 North LaSalle Street,
Chicago, IL 60654
Joseph A. Strubbe
Vedder Price P.C.
222 North LaSalle Street
Chicago, Illinois 60601
Class Counsel will file with the Court and post on the settlement website its request for attorneys’ fees and incentive award on July 7, 2020.
Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class as a 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 Final Approval Hearing has been re-set by the Court to August 25, 2020 at 11:00 AM.
The Court will hold the Final Approval Hearing at 1:30 p.m. on August 18, 2020 before the Honorable Raymond W. Mitchell in Room 2601 at the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602. 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 and time of the fairness hearing are subject to change by Court Order. Any changes will be posted on this Settlement Website.
No. Class Counsel will answer any questions the Court may have. You are, however, welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to.
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 FAQ 18 ) and intend to appear at the hearing, you must state your intention to do so in your objection.
The Notice (Notice) in the Documents section of this settlement website summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement (Settlement Agreement) available on this settlement website, contact Class Counsel at 1-866-354-3015, or visit the office of the Clerk of the Circuit Court of Cook County – Chancery Division, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60603, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.
PLEASE DO NOT CONTACT THE COURT, THE JUDGE, THE DEFENDANT OR THE
DEFENDANT’S LAWYERS WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.