Yeske, et al. v. Macoupin Energy, LLC, et al.
Yeske v. Macoupin Energy
Case No. 2017L24

Frequently Asked Questions

 

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  • The notice you received is a court-authorized notice of a proposed settlement in a class action lawsuit, Yeske, et. al. v. Macoupin Energy, LLC; 2017L24, Macoupin County, State of Illinois, pending in the Circuit Court. The Settlement would resolve a lawsuit brought on behalf of persons who allege that Macoupin Energy LLC, Maryan Mining LLC, Hillsboro Energy LLC, Patton Mining LLC, Mach Mining LLC, Viking Mining LLC, M-Class Mining LLC, and Williamson Energy LLC, (“Defendants”) required its employees to provide their hand scan for timekeeping purposes without first providing them with legally-required written disclosures and obtaining written consent. Defendants contest these claims and deny that they violated the Illinois Biometric Information Privacy Act. If you received a notice, you have been identified as someone who fits the Class Definition. The Court has granted preliminary approval of the Settlement and has conditionally certified the Settlement Class for purposes of settlement only. The notice explains the nature of the class action lawsuit, the terms of the Settlement, and the legal rights and obligations of the Settlement Class Members. Please read the notice carefully so that you can better understand your legal rights.

  • The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from capturing, obtaining, storing, transferring, and/or using the biometric identifiers and/or information, such as fingerprints, of another individual for any purpose, including timekeeping, without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendants violated the BIPA by requiring their current and/or former employees to submit their hand scan for timekeeping purposes during the Class Period without first providing the requisite disclosures or obtaining the requisite consent. Defendants contest these claims and deny that they collected biometric information or otherwise violated BIPA.

  • A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” Once a Class is certified, a class action settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who excluded themselves from the Settlement Class.

  • To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a Settlement, which resolves all BIPA claims against Defendants. The Settlement requires Defendants to pay money to the Settlement Class, as well as pay settlement administration expenses, attorneys’ fees and costs to Class Counsel, and incentive awards to the Class Representatives, if approved by the Court. The Settlement is not an admission of wrongdoing by Defendants and does not imply that there has been, or would be, any finding that Defendants violated the law.

    The Court has already preliminarily approved the Settlement. Nevertheless, because the settlement of a class action determines the rights of all members of the class, the Court overseeing this lawsuit must give final approval to the Settlement before it can be effective. The Court conditionally certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given a notice and the opportunity to exclude themselves from the Settlement Class, to voice their support or opposition to final approval of the Settlement, and to submit a Claim Form to receive the relief offered by the Settlement. If the Court does not give final approval to the Settlement, or if it is terminated by the Parties, the Settlement will be void, and the lawsuit will proceed as if there had been no settlement and no certification of the Settlement Class.

  • You are a member of the Settlement Class if, at any time between August 16, 2012 and July 8, 2020, you were required to scan your hand for timekeeping purposes while employed by Defendants (Macoupin Energy, LLC Maryan Mining LLC (Carlinville); Hillsboro Energy LLC; Patton Mining LLC (Hillsboro); Mach Mining LLC (Williamson); and Viking Mining, LLC (Sugar Camp)) within the state of Illinois and have not previously signed a waiver or release relating to these claims. You will be considered a member of the Settlement Class unless you timely filed an exclusion request.

  • Cash Payments. Defendants have agreed to create a $750,000.00 Settlement Fund for the Class Members. All Settlement Class Members are entitled to receive a payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member who completed a Claim Form will be entitled to an equal payment out of the Settlement Fund, less deductions for settlement administration costs, attorneys’ fees, and a service award to the Named Plaintiffs. The Settlement Administrator will issue a check to each Class Member who completed a Claim Form following the final approval of the Settlement. All checks issued to Settlement Class Members will expire and become void 90 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees of up to one-third (1/3) of the Settlement Fund, plus reasonable costs, for the substantial time, expense and effort expended in investigating the facts, litigating the case and negotiating the Settlement. The Class Representatives also will apply to the Court for a payment of up to $5,000.00 for any deposed Class Representative, and up to $3,000.00 for any Class Representative who did not have to sit for a deposition. The service awards are for the substantial time, effort, and service to the Class in this matter.

  • To accept the Settlement and receive a monetary payment, you needed to complete a Claim Form. The deadline to submit a Claim Form was September 8, 2020 and has passed.

  • The Court granted final approval of the Settlement on October 13, 2020. If there is an appeal of the Settlement, payment may be delayed. Updated information about the case can be obtained through Class Counsel or on this website.

  • Unless you excluded yourself from this Settlement, you will be considered a member of the Settlement Class, which means you give up your right to file or continue a lawsuit against Defendants and their related entities and relating to the use of the Time-Keeping System during the Class Period. Giving up your legal claims is called a release. The precise terms of the release are in the Settlement Agreement, which is available upon request. Unless you formally excluded yourself from this Settlement, you will release your claims. If you have any questions, you can talk to the Settlement Administrator for free. Additionally, you may speak with the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.

  • The deadline to exclude yourself was September 8, 2020 and has passed.

  • The Court has approved the following attorneys to represent the Settlement Class. They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer instead, you may hire one at your own expense.

    Brandon Wise
    Paul Lesko
    Peiffer Wolf Carr & Kane, APLC
    818 Lafayette Ave., Fl. 2
    St. Louis, MO 63104
    1-314-833-4827
    bwise@pwcklegal.com
    plesko@pwcklegal.com

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  • The deadline to object to the Settlement was September 8, 2020 and has passed.

  • The Court held the Final Approval Hearing on October 13, 2020 and granted final approval of the Settlement on the same day. You may read the Court's Order here.

  • You could have appeared at the Final Approval Hearing in person or through counsel to show cause of why the Settlement should not be approved as fair, reasonable, and adequate. Attendance at the hearing was not necessary; however. The deadline to file a notice of intent to appear at the Final Approval Hearing was September 8, 2020 and has passed. The Final Approval Hearing was held on October 13, 2020, and the Court approved the Settlement on the same day.

  • This website is only a summary of the proposed Settlement of this lawsuit. More details are in the Settlement Agreement which, along with other documents, can be found on the Important Documents page. If you have any questions, you can also call at the numbers or email addresses set forth above. In addition to all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk. Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your option.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Yeske v. Macoupin Energy
c/o JND Legal Administration
PO Box 91350
Seattle, WA 98111