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Marquez v. Bobak Sausage Company
Circuit Court of Cook County, Illinois
Case No. 2020 CH 04259
If you were employed by Defendant Bobak Sausage Company, (“Bobak Sausage”) at any of its Illinois locations between May 5, 2015 and September 1, 2020 and were required by Bobak Sausage to scan your hand for timekeeping purposes, you may be entitled to benefits under a class action lawsuit.
The Circuit Court of Cook County authorized your Notice. It is not a solicitation from a lawyer.
- A proposed settlement will provide $237,500.00 (the “Settlement Funds”) to fully settle and release claims of the following individuals:
The approximately 297 individuals employed by Defendant Bobak Sausage Company in the State of Illinois who logged onto, interfaced with, or used any software, systems, or devices that used the individual’s hand, or any biometric identifier of any type (“Biometric Systems”) at a Bobak Sausage Company location in Illinois between May 5, 2015 and September 1, 2020.
- The following are excluded from the Settlement Class: (1) the judge presiding over this case; (2) the judges of the Illinois Appellate Court; (3) the immediate families of the preceding person(s); (4) any Released Party; and (5) any Settlement Class Member who timely opts out of this Action.
- Bobak Sausage Company denies Plaintiff’s allegations and deny any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiff’s claims or Bobak Sausage Company’s defenses. By entering into the settlement, Bobak Sausage has not conceded the truth or validity of any of the claims against it.
- The Settlement Funds shall be used to pay amounts related to the settlement, including awards to Settlement Class, attorneys’ fees and costs to attorneys representing Plaintiff and the Settlement Class (“Class Counsel”), any service award for Plaintiff and the costs of notice and administration of the settlement. Class Counsel estimates that Settlement Class members will receive approximately $419 (“Initial Settlement Award Checks”). Any monies remaining in the Settlement Fund after the Initial Settlement Award Checks are distributed and the expiration date has passed will be distributed on a pro rata basis to those Settlement Class Members who cashed their Initial Settlement Award Checks (the “Subsequent Distribution”), so long as the amount to be distributed is at least $5.00 per class member. The Subsequent Distribution shall be made within ninety (90) days after the expiration date of the Initial Settlement Award Checks. If there is not enough money to pay at least $5.00 to each Settlement Class Member who cashed their Initial Settlement Award check or accepted their Initial Settlement Award deposit, or if any checks or deposits from the subsequent distribution remain uncashed after the stale date, those funds shall be distributed to the following cy pres: the Chicago Bar Foundation , subject to court approval.
- Your rights and options, and the deadlines to exercise them, are explained in your Notice. Your legal rights are affected whether you act or do not act. Read your Notice carefully.
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: |
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EXCLUDE YOURSELF OR “OPT-OUT” OF THE SETTLEMENT |
If you ask to be excluded, you will not receive a payment. This is the only option that allows you to pursue your own claims against Bobak Sausage Comp. or other released parties related to a released claim. The deadline for excluding yourself is July 17, 2023. |
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OBJECT TO THE SETTLEMENT |
If you wish to object to the settlement, you must write to the Court about why you believe the settlement is unfair in any respect. The deadline for objecting is July 17, 2023. |
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DO NOTHING |
If you do nothing, you will still receive a payment from settlement and give up your rights to sue Bobak Sausage Comp. or any other released parties related to a released claim. |
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GO TO THE FINAL APPROVAL HEARING |
You may attend the Final Approval Hearing. At the Final Approval Hearing you may ask to speak in Court about the fairness of the settlement. To speak at the Final Approval Hearing, you must file a document which includes your name, address, telephone number and your signature with the Court, which must also state your intention to appear at the Final Approval Hearing. This must be filed no later than July 17, 2023. |
- These rights and options—and the deadlines to exercise them—are explained in your Notice.
- The Court in charge of this case still has to decide whether to approve the settlement. Payments (i.e., Settlement Award Checks) will be disbursed if the Court approves the settlement and after any appeals are resolved. Please be patient.