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$2,125,000 Class Action Settlement Reached With Rosebud Restaurant Group (Cook County, Illinois)

April 21, 2020:  A settlement valued at $2,125,000 has been research with Rosebud Restaurant Group.    Following briefing on Defendant’s motion to dismiss which challenged the constitutionality of the Biometric Information Privacy Act (BIPA), and submitting mediation statements, the Parties participated in significant arms-length settlement negotiations and reached a Settlement of the putative class action lawsuit filed in Chicago, Illinois.

The settlement administrator will notify class members through mail to notify them of their rights.

Judge Moreland’s Preliminary Approval Order is available to download here.

To view important information about the settlement click here:

Rosebud Preliminary Approval Notice

 

The Circuit Court of Cook County preliminarily approved a class action settlement in the case Andrea Jones v.
Rosebud Restaurants, Inc., Case No. 2019 CH 10620 (Cir. Ct. Cook Cty.) (the “lawsuit”). You are receiving this
notice because records show that you worked at Rosebud Restaurants, Inc. (“Rosebud”) during the time period
covered by the lawsuit and are a class member. While Rosebud does not admit liability or fault, Rosebud has
agreed to settle the lawsuit. This notice explains your options. You may: (1) do nothing and get a settlement cash
payment; (2) you may submit a claim form to receive gift cards, which are in addition to the settlement cash
payment, redeemable at Rosebud restaurants (excluding Friday and Saturday nights and holidays); (3) exclude
yourself from the settlement and not receive a settlement payment or gift cards; or (4) object to the settlement. If
you do not exclude yourself from the settlement you will receive a settlement cash payment, but you must submit a
timely and valid claim form to receive the additional gift cards. Before any money is paid or gift cards sent, the
Court will decide whether to grant final approval of the settlement.

What Is this Lawsuit About?

The lawsuit alleges that Rosebud violated the Illinois Biometric Information Privacy Act (“BIPA”) by requiring
employees to use a finger scan to access its point of sale (“POS”) system that allegedly collected, stored, and
transferred their biometric data without following the notice and consent requirements of BIPA. Rosebud has
denied all liability and wrongdoing. Both sides agreed to the settlement to resolve the case. The Court did not
decide whether Rosebud violated the law.

You can learn more about the lawsuit or review the Settlement Agreement by contacting Class Counsel, The Fish
Law Firm P.C. at (630) 355-7590 or admin@fishlawfirm.com or Lewis Brisbois at (312) 345-1718 or
josh.kantrow@lewisbrisbois.com, or visiting the settlement website at https://fishlawfirm.com/rosebud.

Who Is Included in the Settlement?

The settlement includes Illinois employees of Rosebud who used a finger-scan point of sale system between
September 13, 2014 and May 4, 2020, who do not timely exclude themselves from the settlement and who did not
consent in writing to the finger-scan prior to their first scan (“Settlement Class Members”).

What does the Settlement Provide?

Rosebud is creating a Settlement Fund of $2,125,000.00. The Settlement Fund is comprised of $1,875,000.00 in
cash and $250,000.00 in gift cards. The Settlement Fund shall be subject to deductions if approved by the Court.
These deductions include up to $10,000 for an incentive award for the Class Representative, up to one-third of the
Settlement Fund’s value as Class Counsel’s attorneys’ fees plus costs, costs to administer the settlement, and any
other costs approved by the Court. Your estimated total recovery in this settlement after these expenses is
$595.00 which is composed of $487.00 in cash plus $108.00 in gift cards. The cash portion of the settlement
will automatically be mailed to you; no claim is necessary. However, to receive the gift card you must send in a
claim form or you will not receive the gift cards. The gift cards may be used at any Rosebud restaurant location but
are non-transferrable and not valid on Friday or Saturday nights or holidays. A claim form for the gift cards will be
mailed to you when you receive the check if the settlement is approved.

What Will You Give Up If You Participate in the Settlement?

Unless you exclude yourself from the settlement as explained below, you will release Rosebud and its related
entities, employees, customers, insurers, and vendors, among other related entities, from all claims or causes of
action between September 13, 2014 and May 4, 2020 reasonably arising out of the allegations in the lawsuit,
including but not limited to all claims under BIPA, and all other federal, state, and local statutory or common law
claims relating to allegations that Rosebud improperly collected, stored, used, or transferred employees’ biometric
identifiers and information and fingerprint data, as well as any related claims for liquidated damages, penalties,
attorneys’ fees and costs, expenses, and interest. The release is more fully explained in the Settlement Agreement.

What Are Your Options?
(1) If you want to participate in the settlement you do not have to do anything to receive a cash payment. A
check will be mailed to you if the Court grants final approval of the settlement. If you would like to
receive the gift cards you must send a claim for the Administrator when you receive a check in the mail. If the
settlement is approved, you will receive the check and a claim form for the gift card in approximately 4
months.
(2) If you do not want to be legally bound by the settlement, you must exclude yourself by July 31, 2020
(Objection/Exclusion Deadline). To be valid, any request for exclusion must (a) be in writing; (b) identify
the case name Andrea Jones v. Rosebud Restaurants, Inc., Case No. 2019 CH 10620 (Cir. Ct. Cook Cty.) (c)
state your full name and current address; (d) be physically signed by you; and (e) be postmarked or received
by the Settlement Administrator on or before the Objection/Exclusion Deadline. Each request for exclusion
must also contain a statement to the effect that “I hereby request to be excluded from the proposed Settlement
Class in Andrea Jones v. Rosebud Restaurants, Inc., Case No. 2019 CH 10620 (Cir. Ct. Cook Cty.).” If you
exclude yourself, you will not receive money from this settlement or any gift cards, but you will retain your
legal rights regarding any claims that you may have against Rosebud.
(3) You may object to the settlement by July 31, 2020 if you have not already excluded yourself from the
settlement. To do so, you must present the following information in a statement signed by you: (a) your full
name and current address, (b) a statement that you believe yourself to be a member of the Settlement Class,
(c) the specific grounds for the objection, (d) all documents or writings that you desire the Court to consider,
(e) 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 the objection or who may profit from the pursuit of
the objection; and (f) a statement indicating whether you intend to appear at the Final Approval Hearing
(either personally or through counsel, who must file an appearance or seek pro hac vice admission). All
written objections must be filed with the Court and be postmarked, e-mailed or delivered to Class Counsel
and Defendant’s Counsel no later than the Objection/Exclusion Deadline.

Who Are My Lawyers?

The Court has appointed the following attorneys to represent the Settlement Class. You will not be charged for
these lawyers because they will be paid from the Settlement Fund. If you want to be represented by your own
lawyer instead, you may hire one at your own expense.
David Fish
John Kunze
Mara Baltabols
The Fish Law Firm, P.C.
200 East Fifth Ave., Suite 123
Naperville, IL 60563
(630) 355-7590
www.fishlawfirm.com

Who is the Settlement Administrator and How Do I Update My Contact Information?
The Settlement Administrator is identified below. You must notify the Settlement Administrator (contact
information below) of any changes in your mailing address so that your settlement payment or gift cards will be
sent to the correct address.
Jones, et al. v. Rosebud Restaurants, Inc.
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317-2002
RosebudBIPA@noticeadministrator.com
(833) 756-1005

When is the Final Approval Hearing?

The Court will hold a hearing in this case on August 17, 2020, in Courtroom 2302 of the Richard J. Daley Center,
50 West Washington, Chicago, Illinois at 10:00 a.m., to consider, among other things, (1) whether to grant final
approval of the settlement; (2) a request by the lawyers representing class members for an award of one-third of
the Settlement Fund as attorneys’ fees and litigation costs; (3) a request for incentive awards of $10,000 for the
Class Representative from the Settlement Fund in recognition of their work in recovering money for the Settlement
Class; and (4) a request for up to costs to the Settlement Administrator from the Settlement Fund for its work
administering the settlement. You may appear at the hearing, but you are not required to do so.
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