Marcia Smith v The Top Die Casting Co.

Marcia Smith v. The Top Die Casting Co., Case Number 2019-L-248
(Winnebago County, Illinois)

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Frequently Asked Questions

Learn How This Settlement Affects Your Rights and Get Answers to Your Questions About the Settlement

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Important Dates

Important Settlement Deadlines That Will Affect Your Rights

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Court Documents

The Court authorized a notice of a proposed settlement in a class action lawsuit entitled Marcia Smith v. The Top Die Casting Co., case number 2019-L-248, pending in Winnebago County, Illinois (the “Action”). The Settlement will resolve the lawsuit which alleges Defendant The Top Die Casting Co. (“Defendant”) required employees to provide their biometric identifiers and/or biometric information through their use of a timeclock without first obtaining a written release from them. Defendant denies these allegations, denies violations of any law, and denies all liability. If you received this Notice, you have been identified by Defendant as someone who may have enrolled in and/or used a timeclock in the manner alleged in the Action while working for Defendant. The Court has granted preliminary approval of the Settlement Agreement and has conditionally certified the Settlement Class for purposes of settlement. The Notice explains the nature of the lawsuit, the terms of the Settlement Agreement, and the legal rights and obligations of the Settlement Class Members.

Your Rights and Options:

  • Exclude Yourself
    If you do not want the money from the Settlement, you may exclude yourself by December 5, 2023. For details on how to exclude yourself from the settlement, please see the Notice.
  • Object to the Settlement
    If you wish to object to the Settlement, you must submit your objection by December 5, 2023. For details on how to object to the settlement, please see the Notice.
  • Submit a Claim Form
    If Defendant directly employed you (i.e. you were not employed through a staffing agency), you do not need to submit a claim form to receive a settlement payment. A check will be mailed to you if the Court grants final approval of the Settlement.
    If you were employed through a staffing agency (i.e., Defendant did not directly employ you) and want to participate in the settlement and receive a settlement payment, you must submit a valid claim form by January 6, 2024. A check will then be mailed to you if the Court grants final approval of the Settlement.
  • Do Nothing
    If Defendant directly employed you (i.e. you were not employed through a staffing agency) and 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 will release your claims against Defendant relating to your biometrics, biometric identifiers, or biometric information.If you were employed through staffing agency (i.e., Defendant did not directly employee you) and do nothing, you will not receive a settlement payment but will stay in the Settlement Class, be bound by any judgment entered by the court, and will release your claims against Defendant relating to your biometrics, biometric identifiers, or biometric information.