A Court authorized this notice because you have a right to know about a proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights.

The case is pending in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County. The case is called Bamberg v. Dynamic Manufacturing, Inc., Case No. 2023-LA-000015.  The person who sued is called the Plaintiff.  The Defendant is Dynamic Manufacturing.

In a class action, one or more people called class representatives (in this case, David Bamberg) sue on behalf of a group or a “class” of people who have similar claims.  In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Class.

This lawsuit alleges that Defendant, Dynamic Manufacturing, Inc. (“Dynamic Manufacturing”), unlawfully possessed, collected, captured, stored, received, transmitted, converted, or otherwise obtained or disclosed its Illinois employees’ and temporary workers’ alleged Biometric Identifiers and/or Biometric Information through its finger clock-in system(s).  Dynamic Manufacturing denies the claims in the lawsuit and contends that it did not do anything wrong and denies that class certification is warranted or appropriate.  The Court did not resolve the claims and defenses raised in this action.  Nor has the Court determined that Dynamic Manufacturing did anything wrong or that this matter should be certified as a class action except if the Settlement is fully approved by the Court. The parties have agreed to settle the dispute to avoid the cost and risk of a trial.

The Court has not decided whether the Plaintiff or the Defendant should win this case.  Instead, both sides agreed to a Settlement.  That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

The Court decided that everyone who fits the following description is a member of the Settlement Class:

All individuals who worked or are currently working for Defendant in the State of Illinois who allegedly had their alleged Biometric Identifiers and/or Biometric Information collected, captured, stored, possessed, received, transmitted, converted, or otherwise obtained or disclosed by Defendant, its agents, vendors, or payroll providers in connection with the Timekeeping System without first executing a written release from February 3, 2016 to December 27, 2022, and who do not timely opt-out of the settlement.

Monetary Relief:  A Settlement Fund has been created totaling $1,826,400. Class Member payments, and the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees (inclusive of litigation costs), and an award to the Class Representative will also come out of this fund (see Question 12).

Prospective Relief:  Dynamic Manufacturing has represented that it has provided and will continue to provide all notices and consents as required by BIPA.

A detailed description of the settlement benefits can be found in the Settlement Agreement, a copy of which is accessible on the Settlement Website by clicking here.

Each Class Member will receive a proportionate share of the Settlement Fund.  You can contact Class Counsel at (646) 837-7150 to inquire as to the number of requests for exclusion that have been received to date.

The hearing to consider the fairness of the settlement is scheduled for June 20, 2023. If the Court approves the settlement, eligible Class Members will receive their payment 28 days after the Settlement has been finally approved and/or after any appeals process is complete.  The payment will be made in the form of a check, and all checks will expire and become void 180 days after they are issued.

If you are a Class Member who received a Notice and Claim Form via postcard and you want to get a payment, you MUST file a properly completed Claim Form by May 22, 2023 by mail to receive a pro rata share of the Net Settlement Fund. If the settlement is granted Final Approval, your settlement check will be sent to the postal address provided in your Claim Form.  If you change addresses after you file your Claim Form, or are planning to change addresses prior to July 1, 2023, please send your updated address by email or mail to the Settlement Administrator at this address:

info@DynamicBIPASettlement.com

Dynamic Manufacturing BIPA Settlement Administrator
c/o Analytics Consulting LLC
P.O. Box 2006
Chanhassen, MN 55317-2006

If the Settlement becomes final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by this Settlement.  The specific claims you are giving up against the Defendant are described in the Settlement Agreement.  You will be “releasing” the Defendant and certain of its affiliates, employees and representatives as described in Section II.34 of the Settlement Agreement.  Unless you exclude yourself (see Question 13), you are “releasing” the claims, regardless of whether you submit a claim or not.  The Settlement Agreement is available here.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully.  If you have any questions you can talk to the lawyers listed in Question 11 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

The Court has appointed Philip L. Fraietta and Max Roberts of Bursor & Fisher, P.A., to represent the class.  They are called “Class Counsel.”  They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers.  If you want to be represented by your own lawyer in this case, you may hire one at your expense.

The Defendant has agreed that Class Counsel attorneys’ fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than 35% of the Settlement Fund, inclusive of reimbursement of their costs and expenses; the Court may award less than this amount.  Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.

Subject to approval by the Court, Defendant has agreed that the Class Representative may be paid a service award of $5,000 from the Settlement Fund for his services in helping to bring and resolve this case.

To exclude yourself from the Settlement, you must submit a written request for exclusion by May 22, 2023.  Requests for exclusion may be submitted by mailing a letter (or request for exclusion) stating that you want to be excluded from the Bamberg v. Dynamic Manufacturing, Inc., Case No. 2023-LA-000015 settlement.  Your letter or request for exclusion must also include your name, your address, an explanation of the basis upon which you claim to be a Class Member, your signature, the name and number of this case, and a statement that you wish to be excluded.  You must mail your exclusion request, postmarked no later than May 22, 2023, to the following address:

Dynamic Manufacturing BIPA Settlement Administrator
c/o Analytics Consulting LLC
P.O. Box 2006
Chanhassen, MN 55317-2006

No. Unless you exclude yourself, you give up any right to sue Defendants for the claims being resolved by this Settlement.

No. If you exclude yourself, you will not receive a pro rata share of the Settlement Fund.

If you are a Class Member, 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 not approve it. The Court will consider your views.  To object, you must file with the Court a letter or brief stating that you object to the Settlement in Bamberg v. Dynamic Manufacturing, Inc., Case No. 2023-LA-000015, and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your letter or brief must also include your name, your address, the basis upon which you claim to be a Class Member, the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection, and your signature. If you, or an attorney assisting you with your objection, have ever objected to any class action settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the settlement, you must include a statement in your objection identifying each such case by full case caption. You must also mail or deliver a copy of your letter or brief to Class Counsel and Defendant’s Counsel listed below.

Class Counsel will file with the Court and post on this website its request for attorneys’ fees by May 8, 2023.

If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (explained below in answer to Question Number 20), you must say so in your letter or brief.  File the objection with the Court (or mail the objection to the Court) and mail a copy of the objection to Class Counsel and Defendant’s Counsel, at the addresses below, postmarked no later than May 22, 2023.

Court
Clerk of Court
DuPage County Courthouse
505 N. County Farm Rd
Wheaton, IL, 60187

Class Counsel
Philip L. Fraietta
Bursor & Fisher P.A.
888 Seventh Avenue
New York, NY 10019

Defendant’s Counsel
Jason A. Selvey
Jackson Lewis P.C.
150 N. Michigan Ave Ste 2500
Chicago, IL, 60601

Objecting simply means telling the Court that you don’t like something about the Settlement.  You can object only if you stay in the Class.  Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class.  If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing at 9:30 a.m. on June 20, 2023 at the DuPage County Courthouse, 505 N. County Farm Rd, Wheaton, Illinois, 60187 or remotely by Zoom at https://18thjudicial.org/18thJudicial/Remote-Court-Hearings. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for an incentive award to the Class Representative.  At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.

The hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates here or calling (833) 821-2805.  If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.

No.  Class Counsel will answer any questions the Court may have.  But, you are welcome to come at your own expense.  If you send an objection or comment, you don’t have to come to Court to talk about it.  As long as you filed and mailed your written objection on time, the Court will consider it.  You may also pay another lawyer to attend, but it’s not required.

Yes.  You may ask the Court for permission to speak at the Fairness Hearing.  To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear Bamberg v. Dynamic Manufacturing, Inc., Case No. 2023-LA-000015.”  It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you.  Your objection and notice of intent to appear must be filed with the Court and postmarked no later than May 22, 2023, and be sent to the addresses listed in Question 16.

The information provided here summarizes the Settlement.  More details are in the Settlement Agreement.  You can get a copy of the Settlement Agreement here.  You may also write with questions to Dynamic Manufacturing BIPA Settlement Administrator, c/o Analytics Consulting LLC, P.O. Box 2006, Chanhassen MN 55317-2006.  You can call the Settlement Administrator at (833) 821-6836 or Class Counsel at (646) 837-7150, if you have any questions.  Before doing so, however, please read the information in this website carefully.