JOCELYN ROBERTS v. GRAPHIC PACKAGING INTERNATIONAL, LLC

The purpose of this Notice is to inform you that a proposed Settlement has been reached in the putative class action lawsuit entitled Roberts v. Graphic Packaging International, LLC filed in the USDC, Southern District of Illinois, East St. Louis Division, Case No. 3:21-cv-750-DWD.  Because your rights will be affected by this Settlement, it is extremely important that you read this Notice carefully. This Notice summarizes the settlement and your rights under it.

If you received a postcard describing this settlement, it is because Graphic Packaging’s records indicate that you may be a member of the Settlement Class. The members of the Settlement Class include:

The individuals identified who used a Hand Punch 4000 terminal at Defendant’s Centralia, Illinois facility between June 29, 2016 and September 1, 2021.

In a class action, one or more people called Class Representatives (here, Plaintiff, Jocelyn Roberts) sue on behalf of people who allegedly have similar claims. This group is called a class and the persons included are called class members. One court resolves the issues for all of the class members, except for those who exclude themselves from the class.

Here, Plaintiff claims Graphic Packaging violated the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., by failing to: (1) obtain individuals’ informed written consent before collecting, capturing, or otherwise obtaining their biometric data in connection with Graphic Packaging’s timekeeping system and access system; and (2) implement and adhere to a written policy for permanently destroying the biometric data in its possession. Graphic Packaging denies these allegations and any wrongdoing. The Court has conditionally certified a class action for settlement purposes only. The Honorable David W. Dugan is in charge of this action.

The Court did not decide in favor of Plaintiff or Graphic Packaging. Instead, the parties agreed to this settlement. This way, the parties avoid the risk and cost of a trial, and the Settlement Class members will receive compensation. Plaintiff and Class Counsel think the settlement is best for all persons in the Settlement Class.

The Court has certified a class action for settlement purposes only. The Settlement Class is defined as:

The 600 individuals identified who used a Hand Punch 4000 terminal at Defendant’s Centralia, Illinois facility between June 29, 2016 and September 1, 2021.

Three additional Settlement Class Members were identified following preliminary approval of the Settlement, bringing the total number of Settlement Class Members to 603.

A “Settlement Class Member” is any person in the Settlement Class who is not validly excluded from the Settlement Class. If you are still not sure whether you are included, you can visit other sections of the Settlement Website, www.GPIBIPAsettlement.com, you may write to the Settlement Administrator at Roberts v Graphic Packaging International LLC, c/o Settlement Administrator, P.O. Box 23698, Jacksonville, FL, 32241.

The Court has appointed the law firms of Keogh Law, Ltd., as Class Counsel to represent you and the other persons in the Settlement Class. You will not be personally charged by these lawyers.

Class Counsel will ask the Court to approve payment of up to thirty-six percent of the Settlement Fund after administrative expenses have been deducted, which is $354,505.76 for attorneys’ fees, plus reasonable expenses. Class Counsel also will ask the Court to approve payment of $10,000.00 to Plaintiff for his services as Class Representative if permitted by law. The Court may award less than these amounts.

Settlement Fund. Graphic Packaging will pay $997,808.22  into a fund (the “Settlement Funds”), which will cover:  (1) cash payments to Settlement Class Members; (2) an award of attorneys’ fees and expenses to Class Counsel; (3) service award to the Plaintiff, Jocelyn Roberts; and (4) the costs of notice and administration of the Settlement.

Cash Payments. All Settlement Class Members will receive a cash payment estimated at $1,000, so long as their last known address can be determined. Any money remaining in the Settlement Fund after paying all Settlement Award Checks to Settlement Class Members, attorneys’ fees and costs to Class Counsel, any service award to Plaintiff, and the costs of notice and administration of  the settlement will be distributed on a pro rata basis to those Settlement Class Members who cashed their Initial Settlement Award Check, so long as the amount to be distributed per Settlement Class Member is at least $5.00. Any subsequent distribution will be made within ninety (90) days after the expiration date of the Initial Settlement Award Check has passed.

Class Counsel estimates your share of the Settlement Fund will be $1,000.  This is an estimate only. The final cash payment amount will depend on the costs of notice and administration, as well as the reasonable costs, attorney’s fees, and incentive award approved by the Court.

Unless you exclude yourself from the settlement, you will be part of the Settlement Class and will be bound by the release of claims in the settlement. This means that if the settlement is approved, you cannot rely on any Released Claim to sue, or continue to sue, Graphic Packaging or other Released Parties, on your own or as part of any other lawsuit, as explained in the Settlement Agreement. It also means that all of the Court’s orders will apply to you and legally bind you. Unless you exclude yourself from the Settlement, you will agree to release Graphic Packaging and all other Released Parties, as defined in the Settlement Agreement, from any and all claims for statutory damages that arise under BIPA.

In summary, the Release includes from any and all claims, whether known or unknown for statutory damages under the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq., regarding the use, collection, capture, receipt, maintenance, storage, transmission, or disclosure of biometric identifiers.

If you have any questions about the Release or what it means, you can speak to Class Counsel, listed under Question 6, for free; or, at your own expense, you may talk to your own lawyer. The Release does not apply to persons in the Settlement Class who timely exclude themselves.

There is nothing you need to do to obtain a payment from the Settlement. Your portion of the settlement funds will be sent to your last known address, along with a 1099 form.

The Court will hold a hearing on June 11, 2024 to decide whether to approve the Settlement.  If the Court approves the Settlement, after that, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Everyone who declines to exclude themselves will be informed of the progress of the settlement through information posted on the Settlement Website at www.GPIBIPAsettlement.com . Please be patient.

If you want to keep the right to sue, or continue to sue Graphic Packaging or a Released Party, as defined in the Settlement Agreement, then you must take steps to get out of the Settlement Class. This is called excluding yourself from, or opting-out of, the Settlement Class.

A Settlement Class Member who wishes to exclude himself or herself from this Settlement, and from the Release pursuant to this Settlement, shall submit a written Opt-Out Request to the Settlement Administrator at the address designated in the Notice no later than the Opt-Out/Objection Deadline. Opt-Out Requests must: (i) be timely submitted by the Opt-Out/Objection Deadline; (ii) be signed by the person in the Settlement Class who is requesting to be excluded from the Settlement Class; (iii) include the name and address of the person in the Settlement Class requesting exclusion; and (iv) include a statement or words to the effect of the following: “I request to be excluded from the Graphic Packaging BIPA Settlement, and understand that by doing so I will not be entitled to receive any of the benefits from the settlement.” No person in the Settlement Class, or any person acting on behalf of or in concert or participation with that person in the Settlement Class, may exclude any other person in the Settlement Class from the Settlement Class.

To be valid, you must mail your exclusion request postmarked no later than April 22, 2024 to the Settlement Administrator at Roberts v Graphic Packaging International LLC, c/o Settlement Administrator, P.O. Box 23698, Jacksonville, FL, 32241.

No. If you do not exclude yourself, you give up any right to sue (or continue to sue) Graphic Packaging or any Released Parties for the claims that this settlement resolves.

No. If you exclude yourself, you will not receive a settlement payment and you cannot object to the settlement.

If you are in the Settlement Class, you can object to the settlement or any part of the settlement that you think the Court should reject, and the Court will consider your views. If you do not provide a written objection in the manner described below, you shall be deemed to have waived any objection and shall forever be foreclosed from making any objection to the fairness, reasonableness, or adequacy of the settlement, or the award of any attorneys’ fees and expenses, and/or any proposed service award.

To object, you must make your objection in writing, stating that you object to the Settlement. To be considered by the Court, the written objection must personally sign the objection and provide the following information with it: (i) full name, current address, and current telephone number; (ii) documentation sufficient to establish membership in the Settlement Class; (iii) a statement of reasons for the objection, including the factual and legal grounds for the objector’s position; and (iv) copies of any other documents the objecting Settlement Class Member wishes to submit in support of his/her/its position.

To be considered, you must file your objections with the Court and mail your objections to the addresses below no later than April 22, 2024.

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

If you do nothing, you will still receive a payment from settlement and give up your rights to sue Graphic Packaging or any other released parties related to a released claim.

The Court will hold a Final Approval Hearing at 10:00 a.m. on June 11, 2024  in Courtroom 2 at  the United States Courthouse, 750 Missouri Avenue, East St. Louis, IL 62201. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. If there are valid objections that comply with the requirements in Question 16 above, the Court also will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel and Plaintiff.

The Final Approval Hearing may be moved to a different date or time or determine to hold the hearing via Zoom without additional notice, so it is a good idea to check the Settlement Website for updates.

No. Class Counsel will appear on behalf of the Settlement Class. But, you are welcome to come, or have your own lawyer appear, at your own expense.

You may ask the Court for permission to speak at the Final Approval Hearing, but only in connection with an objection that you have timely submitted to the Court according to the procedure set forth in Question 16 above. To speak at the Final Approval Hearing, you must also file a document with the Court stating your intention to appear. For this document to be considered, it must include your name, address, telephone number and your signature. The document must be filed with the Court no later than April 22, 2024. You cannot speak at the hearing if you exclude yourself from the settlement.

This notice is only a summary of the proposed settlement. You can get a copy of the settlement agreement by visiting the Settlement Website, www.GPIBIPAsettlement.com, or you can write to the Settlement Administrator at:

Roberts v Graphic Packaging International LLC

c/o Settlement Administrator

P.O. Box 23698

Jacksonville, FL 32241

You can also call Class Counsel with any questions at 866.726.1092.