Case Information
Cardona v. Nuestro Queso, LLC
Case No. 2022CH11051
About This Case
IF YOU HAD ANY BIOMETRIC IDENTIFIER AND/OR BIOMETRIC INFORMATION (INCLUDING, BUT NOT LIMITED TO, FINGERPRINTS, FINGER SCANS, AND HAND SCANS) COLLECTED, CAPTURED, RECEIVED, STORED OR OTHERWISE OBTAINED, RETAINED, DISSEMINATED OR DISCLOSED BY NUESTRO QUESO, LLC IN ILLINOIS, IN ALLEGED VIOLATION OF BIPA, BETWEEN NOVEMBER 10, 2017 TO AUGUST 10, 2023, YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.
The Court authorized notice of a proposed settlement in a class action lawsuit entitled Cardona v. Nuestro Queso, LLC Case Number 2022CH11051, that is pending in Cook County, Illinois (“Lawsuit”). The settlement would resolve the Lawsuit brought on behalf of the Settlement Class. You are receiving this notice because you have been identified through Defendant’s records as a Settlement Class Member.
The named plaintiff, Erica Cardona (“Plaintiff”), filed a class action lawsuit alleging that Nuestro Queso, LLC (“Defendant”) collected its employees’ fingerprints without making the disclosures and receiving the written consent required by the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (“BIPA”). Defendant denied 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 Members’ claims relating to the alleged collection of biometric information.
The Notice of Class Action Settlement is to advise you of the terms of the proposed Settlement, and your rights in connection with it. The Notice contains only a summary of the Settlement Agreement. Your legal rights are affected whether you act or don’t act. Read the notice carefully.
The proposed settlement is not an admission of wrongdoing by Defendant, and Defendant denies that it violated the Illinois Biometric Information Privacy Act or any other law. The Court has not decided who is right or wrong. Rather, to save the time, expense, and distraction of litigation, the parties have agreed to settle the lawsuit.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
|---|---|
DO NOTHING | If you want to participate in the settlement and receive a settlement payment, do nothing. A check will be mailed to you if the Court grants final approval of the settlement. If you do nothing, you will stay in the Settlement Class, be bound by any judgment entered by the Court, and you will release your claims against Defendant about collection of your biometric information. |
ASK TO BE EXCLUDED FROM THE CLASS BY JANUARY 8, 2024 | 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. If you choose to exclude yourself (opt out), you will not be included in the Settlement. Your request for exclusion must be postmarked by January 8, 2024.You will receive no benefits and you will not release any claims you may have against Defendant regarding the allegations in this case ever again. See FAQ 4 for more information. |
OBJECT BY JANUARY 8, 2024 | If you object to the settlement, and wish to file an objection rather than excluding yourself, you must submit your objection in writing to the Clerk of the Circuit Court for Cook County, Illinois. Your objection must be postmarked by January 8, 2024. If you exclude yourself from the Settlement, you cannot file an objection. See FAQ 4 for more information. |
Important Dates
Preliminary Approval Granted 10/10/2023 |
Opt Out Deadline 01/08/2024 |
Objection Deadline 01/08/2024 |
Final Approval Hearing 02/14/2024 |