Cornejo v Amcor

Frequently Asked Questions 

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Questions

Answers

1.

What is this Notice and why should I read it? 

Answer:

A Court authorized this Notice to let you know about a proposed Settlement with the Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights. 


Judge Martha M. Pacold of the Northern District of Illinois, Eastern Division is overseeing this class action. The case is called Cornejo v. Amcor Rigid Plastics USA, LLC, Case No. 18-cv-07018. The person who filed the lawsuit, David Cornejo, is the Plaintiff. The company he sued, Amcor Rigid Plastics USA, LLC, is the Defendant. After the case was filed, Amcor Rigid Plastics USA changed its name to Amcor Rigid Packaging USA LLC. This name change does not affect Class Members’ ability to recover under this settlement. 


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2.

What is a class action lawsuit? 

Answer:

A class action is a lawsuit in which one or more Plaintiffs—in this case, David Cornejo––sue on behalf of a group of people who have similar claims. Together, this group is called a “Class” and consists of “Class Members.” In a class action, the Court resolves the issues for all Class Members, except those who exclude themselves from the class. After the Parties reached an Agreement to settle this case, the Court granted Preliminary Approval of the Settlement and recognized it as a case that should be treated as a class action for settlement purposes. 

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3.

What is this lawsuit about? 

Answer:

This lawsuit alleges that Amcor violated an Illinois law called the Biometric Information Privacy Act (“BIPA”) by using finger scanner time clocks in Illinois without complying with the law’s requirements, including getting employees’ written consent to the collection and providing a publicly-available retention policy.


Amcor denies Plaintiff’s claims of wrongdoing and contends that it violated no laws. No Court has decided who is right. The parties are instead entering into the Settlement to avoid time-consuming and expensive litigation. The Settlement is not an admission of wrongdoing by Amcor. More information about the complaint in the lawsuit and the Defendant’s position can be found in the “Court Documents” section of this website.


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4.

Why is there a settlement? 

Answer:

The Court has not decided whether Plaintiff or Defendant should win this case. Instead, both sides agreed to the Settlement. That way, they can avoid the uncertainty and expense of ongoing litigation, and Class Members will get compensation now rather than years from now—if ever. Plaintiff and his attorneys (“Class Counsel”) believe that the Settlement is in the best interests of the Class Members. 

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5.

Who is in the Settlement Class? 

Answer:

The Court decided that this Settlement includes all current or former employees or independent contractors of Amcor Rigid Packaging USA, LLC (previously known as Amcor Rigid Plastics USA, LLC) that used a finger scanner time clock in the State of Illinois between September 11, 2013 and May 21, 2020.

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6.

How do I know if I am in the Settlement Class?  

Answer:

If you are a current or former employee or independent contractor of Amcor that used a finger scanner time clock in the State of Illinois between September 11, 2013 and May 21, 2020, you are a member of the Settlement Class and may be entitled to a cash payment.

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7.

What does the Settlement provide? 

Answer:

Cash Payments to Class Members: If the Court approves the Settlement, Amcor has agreed to pay a gross amount of $1,400.00 per Class Member. Class Counsel will apply to the Court for compensation of administrative expenses and up to 35% of the total payments to Class Members (the “Settlement Fund”) in legal fees. This amount and the costs of administering the Settlement will be deducted from the Settlement Fund before it is equally distributed to Class Members, which if granted, Class Counsel expect will result in payments to Class Members of approximately $750 each. 


Agreement on Future Conduct: As part of the Settlement, Amcor has agreed that it will comply with BIPA in the future by obtaining written releases from Illinois employees who use finger scanner time clocks, making BIPA-required disclosures, destroying biometric data that it no longer needs, and establishing a retention policy. 


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8.

How do I get a payment? 

Answer:

If you are a Class Member, the Settlement Administrator will send a check to your last known address. 

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9.

When will I get my payment? 

Answer:

The hearing to consider the fairness of the Settlement is scheduled for September 10, 2020. If the Court approves the Settlement, eligible Class Members will automatically be sent a check. Please be patient. All checks will expire and become void 90 days after they are issued. Uncashed checks will be donated to the American Civil Liberties Union if approved by the Court. 

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10.

Do I have a lawyer in the case? 

Answer:

Yes, the Court has appointed lawyers Jay Edelson, Ari Scharg, and J. Eli Wade-Scott of Edelson PC and David Fish of the Fish Law Firm PC as the attorneys to represent you and other Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiff David Cornejo to serve as the Class Representative. He is a Class Member like you. Class Counsel can be reached by calling 1-866-354-3015.

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11.

Should I get my own lawyer? 

Answer:

You don’t need to hire your own lawyer because Class Counsel is working on your behalf. You may hire your own lawyer, but if you want your own lawyer, you will have to pay that lawyer. 

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12.

How will the lawyers be paid? 

Answer:

Class Counsel will ask the Court for attorneys’ fees and expenses of up to 35% of the Settlement Fund, and will also request an incentive award of $5,000.00 for the Class Representative. The Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any award to the Class Representative. The Court may award less than the amounts requested. 

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13.

What happens if I do nothing at all?

Answer:

If you do nothing, you will be in the Class, and if the Court approves the Settlement, you will automatically receive a payment and you will also be bound by all orders and judgments of the Court. Unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendant or any other related entity for the claims or legal issues being resolved by this Settlement.

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14.

What happens if I ask to be excluded?

Answer:

If you exclude yourself from the Settlement, you will receive no payment under the Settlement and you will no longer be a member of the Class. You will keep your right to start your own lawsuit against Defendant for the same legal claims made in this lawsuit. You will not be legally bound by the Court’s judgments related to the Class and the Defendant in this class action.

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15.

How do I ask to be excluded? 

Answer:

You can send a letter stating that you want to be excluded from the Settlement. Your letter must: (1) be in writing; (2) identify the case name, “Cornejo v. Amcor Rigid Plastics USA, LLC, Case No. 1:18-cv-07018 (N.D. Ill.),” (3) state your full name and current address; (4) be physically signed by you, and (5) be postmarked or received by the Settlement Administrator on or before August 13, 2020. Your request to be excluded must also include a statement to the effect that: “I hereby request to be excluded from the proposed Settlement Class in Cornejo v. Amcor Rigid Plastics USA, LLC, Case No. 18-cv-07018 (N.D. Ill.).” You must mail your exclusion request to: 


Cornejo v. Amcor Settlement Administrator

P.O. Box 34334

Philadelphia, PA 19101-4334


You can’t exclude yourself on the phone or by email.


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16.

If I don’t exclude myself, can I sue the Defendant for the same thing later?

Answer:

No. Unless you exclude yourself, you give up any right to sue the Defendant and any other released party for the claims being resolved by this Settlement. 

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17.

If I exclude myself, can I get anything from this Settlement? 

Answer:

No. If you exclude yourself, you will not receive a payment.

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18.

How do I object to the Settlement? 

Answer:

If you do not exclude yourself from the Class, 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 deny approval by filing an objection. To object, you must file a letter or brief with the Court stating that you object to the Settlement in Cornejo v. Amcor Rigid Plastics USA, LLC, Case No. 18-cv-07018 (N.D. Ill.), no later than August 13, 2020. Your objection must be sent to the Northern District of Illinois, Eastern Division at the following address:


Clerk of the Northern District of Illinois - Eastern Division

Everett McKinley Dirksen 

United States Courthouse

219 South Dearborn Street 

Chicago, Illinois 60604


The objection must be in writing, must be personally signed, and must include the following information: (1) your full name and current address, (2) a statement that you believe yourself to be a member of the Settlement Class, (3) the specific grounds for your objection, (4) all documents or writings that you desire the Court to consider, (5) 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 your objection or who may profit from the pursuit of your objection, and (6) a statement indicating whether you (or your counsel) intend to appear at the Final Approval Hearing. If you are represented by a lawyer, he or she must file an appearance or seek pro hac vice admission to practice before the Court, and electronically file the objection.  


In addition to filing your objection with the Court, you must send via mail, hand, or overnight delivery service, by no later than August 13, 2020, copies of your objection and any supporting documents to both Class Counsel and the Defendant’s lawyers at the addresses listed below:


Class Counsel

J. Eli Wade-Scott

EDELSON PC

350 North LaSalle Street, 14th Floor

Chicago, IL 60654


Defense Counsel

Christopher G. Ward

FOLEY & LARDNER LLP.

321 North Clark Street, Suite 2800 Chicago, Illinois 60654 


Class Counsel will file with the Court and post on this website its request for attorneys’ fees and incentive award on July 30, 2020.

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19.

What’s the difference between objecting and excluding myself from the Settlement?

Answer:

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.

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20.

When and where will the Court decide whether to approve the Settlement? 

Answer:

The Court will hold the Final Approval Hearing at 10:30 a.m. on September 10, 2020 before the Honorable Martha M. Pacold in Room 1425 of the Everett McKinley Dirksen building, 219 South Dearborn Street, Chicago, Illinois 60604. In light of the public health situation, the Court will hold the final approval hearing remotely by telephone on September 10, 2020 at 10:30 AM. Please see the order in the 'Case Documents' section for details. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the Class Representative.


Note: The date and time of the fairness hearing are subject to change by Court Order. Any changes will be posted on this website. 


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21.

Do I have to come to the hearing?

Answer:

No. Class Counsel will answer any questions the Court may have. You are, however, welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to. 

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22.

May I speak at the hearing?

Answer:

Yes. If you do not exclude yourself from the Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement. If you filed an objection (see Question 18 above) and intend to appear at the hearing, you must state your intention to do so in your objection.   

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23.

Where do I get more information? 

Answer:

This notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available here, contact Class Counsel at 1-866-354-3015, or visit the office of the Clerk of the Northern District of Illinois – Eastern Division, Everett McKinley Dirksen building, 219 South Dearborn Street, Chicago, Illinois 60604, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.

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This website is authorized by the Court, supervised by counsel and controlled by Heffler Claims, the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-866-354-3015

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Important Dates

  • Exclusion Deadline

    Thursday, August 13, 2020

    You must complete and mail your request for exclusion form so that it is postmarked or received no later than August 13, 2020.

  • Objection Deadline

    Thursday, August 13, 2020 You must file  a letter or brief stating that you object to the Settlement  as well as your  notice of intent to appear at the Final Approval Hearing no later than August 13, 2020. You must then send a copy of your letter or brief via mail, hand delivery or overnight delivery service no later than August 13, 2020 to both Class Counsel and the Defendant's attorneys. 
  • Final Approval Hearing

    Thursday, September 10, 2020 The Final Approval Hearing is scheduled for September 10, 2020. In light of the public health situation, the Court will hold the final approval hearing remotely by telephone on September 10, 2020 at 10:30 AM. Please see the order in the 'Case Documents' section for details. Please check this website for updates.

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