Case Information

  • Gonzalez v. Dart Casting, Inc.

  • Circuit Court of Cook County, Illinois County Department, Chancery Division

  • Case No. 2022CH07378

About This Case

NOTICE OF DART CASTING CLASS ACTION SETTLEMENT

ATTENTION: All individuals who worked or are currently working for Dart Casting, Inc. in the State of Illinois who used a finger or hand scanning timeclock at any time during the period between July 29, 2017 and November 22, 2022, without first executing a written consent, are persons in the “Settlement Class” as discussed below and in the Notice of Class Action Settlement.

ABOUT THIS NOTICE: The Court authorized notice of a proposed settlement in a class action lawsuit entitled Gonzalez v. Dart Casting, Inc. Case Number 22 CH 7378, 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 Dart Casting, Inc.’s records as a Settlement Class Member. 

ABOUT THIS LAWSUIT: The named plaintiff, Marisol Gonzalez (“Plaintiff”), filed a class action lawsuit alleging that Dart Casting, Inc. (“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’ claims relating to alleged biometric identifiers and biometric information.

PROPOSED SETTLEMENT: Without admitting any fault or liability, and in exchange for a release of all claims relating to the collection of biometric information, Defendant has agreed to make up to $265,500.00 (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 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.

COURT HEARING: The Court has preliminarily approved this settlement, subject to a fairness hearing that will occur on August 10, 2023, at 11:00 a.m. at the courthouse located at the Cook County Courthouse, 50 West Washington Street Chicago, IL 60602 via Zoom [Meeting ID: 990 0014 8007 Passcode: 545631].