Frequently Asked Questions

FAQ 1 - WHY HAVE YOU RECEIVED NOTICE? The Court authorized notice of a proposed settlement in a class action lawsuit entitled Juan Castro v. Cimco Resources, Inc. et al., Case Number 2023-CH-000031, that is pending in Kane County, Illinois (“Lawsuit”). The settlement would resolve the Lawsuit brought on behalf of the Settlement Class. You are receiving notice because you have been identified through Defendants’ records as a person in the Settlement Class.

FAQ 2 - WHAT IS THIS LAWSUIT ABOUT? The named plaintiff, Juan Castro (“Plaintiff”), filed a class action lawsuit alleging that Defendants collected their employees’ biometric identifiers or biometric information without making the disclosures and receiving the written consent allegedly required by BIPA. Defendants denied and continue 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’s claims relating to the collection of biometric identifiers and biometric information.

FAQ 3 - WHAT IS THE PROPOSED SETTLEMENT? Without admitting any fault or liability, and in exchange for a release of all claims relating to the collection of biometric identifiers and biometric information, Defendants have agreed to make $191,400.00 (the “Settlement Fund”) available to pay Settlement Class Members, to pay a service award to Plaintiff for serving as the “Class Representative,” to pay attorneys’ fees and expenses to Class Counsel, and to pay settlement administration costs. Each person who is successfully delivered notice and who does not timely and validly exclude themselves from the settlement will be entitled to a pro rata share of the Net Settlement Fund, which shall be calculated as follows: the Settlement Fund minus (i) the Incentive Award, (ii) Class Counsel’s requested fees and costs (iii) settlement administration expenses and costs of issuing settlement notice and administration, which amount is then divided by the number of persons successfully delivered notice on the Settlement Class List and who do not elect to be excluded from the settlement.

The Court has preliminarily approved this settlement, subject to a fairness hearing that will occur on May 2, 2024 at 9:00 a.m. at the Kane County County Courthouse, 100 S. 3rd St., Courtroom 320, Geneva, IL 60134.

FAQ 4 - WHAT CAN YOU DO NOW? YOU HAVE THREE OPTIONS.

  1. A)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 Defendants about collection of your biometric identifiers and biometric information.

  2. B)Exclude yourself from the Settlement Class and the settlement. 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. This request must be postmarked on or before March 26, 2024, and it must list your name, telephone number, street address, the case name and case number (listed at the top of this page), a statement that you would like to be excluded, and your signature. You must mail your request for exclusion to:

    CIMCO BIPA Settlement

    c/o Settlement Administrator

    P.O. Box 25226

    Santa Ana, CA 92799

  3. C)Object to the settlement in writing. If you object to the settlement, and wish to file an objection rather than excluding yourself, you must file your objection in writing in this case with the Clerk of the Circuit Court for Kane County, Illinois. Your objection must be filed with the Clerk of Court by March 26, 2024. You must also serve copies of your objection and any supporting memoranda or materials on the attorneys for the Settlement Class, James M. Dore, Justicia Laboral LLC, 6232 N. Pulaski Road, Suite 300, Chicago, IL 60646 and the attorneys for Defendants, Bonnie Keane DelGobbo, Baker & Hostetler LLP, One North Wacker Drive, Suite 4500, Chicago, IL 60606, postmarked by the same date. Your objection must be signed under penalties of perjury and must identify (1) your name, address, and phone number; (2) an explanation of the basis upon which you claim to be a Settlement Class Member; (3) all grounds for the objection, including all citations to legal authority and evidence supporting the objection; (4) 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 the objection or who may profit from the pursuit of the objection (the “Objecting Attorneys”); and (5) a statement indicating whether you intend to appear at the Final Approval Hearing (either personally or through counsel who files an appearance with the Court in accordance with the Local Rules). If you or any of the Objecting Attorneys has objected to any class action settlement where the objector or the Objecting Attorneys asked for or received any payment in exchange for dismissal of the objection, or any related appeal, without any modification to the settlement, then the objection must include a statement identifying each such case by full case caption and amount of payment received. If you wish to appear at the Final Approval Hearing, you must be available for deposition within forty (40) miles of your residence or by remote video conference, by Class Counsel and/or Defendants’ Counsel, and the objection must include each date when you will be available and present for a deposition within twenty-one (21) days following the filing of the objection. If your objection does not comply with these requirements, the Court will strike and disregard your objection. It is not enough to say that you object. You must state the reasons why you believe the Court should reject the settlement.

FAQ 5 - WHO REPRESENTS THE SETTLEMENT CLASS? The Court appointed Plaintiff to be the “Class Representative” and appointed James M. Dore of Justicia Laboral LLC, located at 6232 N. Pulaski Road, Suite 300, Chicago, IL 60646, as “Class Counsel.” At the fairness hearing, Class Counsel will request that the Court approve a service award of $2,000.00 from the Settlement Fund for the Class Representative’s service on behalf of the Settlement Class. And, Class Counsel will request that the Court award 33% of the Settlement Fund ($63,162.00) for attorneys’ fees and for out-of-pocket litigation expenses—to be paid from the Settlement Fund.

FAQ 6 - WHEN WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT? The Court will hold a hearing to decide whether the proposed settlement is fair and reasonable and should be approved. At that fairness hearing, the Court will hear any objections and arguments about the proposed settlement, including about the attorneys’ fees and expenses requested by Class Counsel and the incentive award requested for the Class Representative. The fairness hearing will take place on May 2, 2024 at 9:00 a.m. at the Kane County Courthouse, 100 S. 3rd St., Courtroom 320, Geneva, IL 60134.You do not need to attend this hearing unless you object. The fairness hearing may be continued to a future date without further notice. If the Court does not approve the settlement, the litigation will proceed as if no settlement has been attempted. If the settlement is not approved, there is no assurance that the Settlement Class will recover more than is provided in the settlement, or anything at all.

FAQ 7 - HOW DO I OBTAIN MORE INFORMATION? This description of the litigation is general and does not cover all of the issues and proceedings. If you have specific questions, you may contact Class Counsel, James M. Dore of Justicia Laboral LLC by phone at 773-415-4898, by email at jdore@justicialaboral.com. Include the case number, your name, your phone number, and your email address. Or, you may contact the Settlement Administrator by calling (866) 613-8351. To obtain a copy of the settlement agreement, the Plaintiff’s motion for approval of the settlement, and other court documents, you may visit the Case Documents section of this website. You may also view documents related to the case by visiting the office of the Clerk of the Circuit Court for Kane County, Illinois where files relating to this Lawsuit will be available for inspection and copying at your own expense. Please do not contact the Clerk of the Court, the Judge, or the Judge’s staff, because they cannot answer your questions or give you advice about this settlement.