Tolley v. Johnson Development Company, LLC. et al.

IN THE CIRCUIT COURT OF THE TENTH JUDICIAL DIVISION PEORIA COUNTY, ILLINOIS
Case No. 21-L-00077

Welcome to the Website for the Tolley v. Johnson Development Company, LLC Proposed Class Action Settlement

IF YOU SCANNED YOUR FINGER/THUMB IN DEFENDANTS’ TIMEKEEPING SYSTEM IN ILLINOIS BETWEEN APRIL 5, 2016 TO SEPTEMBER 24, 2024, WITHOUT FIRST EXECUTING A WRITTEN CONSENT, YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.

A court authorized this website.

  • The settlement website contains information about a proposed class action settlement with Defendants Johnson Development Company, LLC, PC Motel Ventures, LLC, PC Hampton Inn, LLC, and Johnson Peoria Ventures, LLC.

  • On September 24, 2024, the Court preliminarily approved the settlement and, by agreement of the parties, certified this lawsuit to proceed as a class action for settlement purposes only.

  • You are a member of the Settlement Class if, between April 5, 2016, to September 24, 2024, you used a finger or thumb or biometric identifier or biometric information at Defendant’s facilities within Illinois and did not provide written consent in advance. If you are a member of the Settlement Class, then you are entitled to compensation under the terms of the proposed Settlement.

  • The proposed settlement is not an admission of wrongdoing by Defendants, and Defendants deny that they 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.

  • The Notice contains a summary of the terms of the proposed Settlement and your rights in connection with it. Your legal rights are affected whether you act or don’t act. Read the Notice carefully.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM BY DECEMBER 20, 2024

Member of the Settlement Class can choose to submit a claim to receive a Settlement Payment. This is the only way to receive a payment. See FAQ 7 for more information.

ASK TO BE EXCLUDED FROM THE CLASS BY DECEMBER 20, 2024

If you choose to exclude yourself (opt out), you will not be included in the Settlement. You will receive no benefits and you will not release any claims you may have against Defendants regarding the allegations in this case ever again. See FAQ 13 for more information on how to opt out.

SUBMIT AN OBJECTION BY DECEMBER 20, 2024

If you wish to object to the Settlement, you must file your objection in writing with the Clerk of the Court, and send a copy of your objection to the attorneys for all Parties. If you exclude yourself from the Settlement, you cannot file an objection. Settlement Class Members who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be heard or have the right to appeal approval of the Settlement. If you file an objection and wish it to be considered, you must also appear at the Final Approval Hearing, in-person or through counsel, to show cause of why the proposed Settlement should not be approved as fair, reasonable, and adequate. See FAQ 16 for more information how to submit an objection.

DO NOTHING

If you do nothing, you will remain in the Settlement Class, but will forfeit the opportunity to receive any compensation and give up any right to sue Defendants, and certain parties related to Defendants, about the claims that have been or could have been asserted based on the facts alleged in this Lawsuit.

The Court in charge of this action has preliminarily approved the Settlement as fair, reasonable, and adequate, and must decide whether to give final approval to the Settlement. The relief provided to Settlement Class Members will be provided only if the Court gives final approval to the Settlement and, if there are any appeals, after the appeals are resolved in favor of the Settlement. Please be patient.

Upcoming Important Dates

Final Approval Hearing

1/23/2025 at 9:30 a.m.