BENTON - Owners of Oldcastle Lawn and Garden settled a potential class action over biometric privacy 11 days after the Littler Mendelson firm of San Francisco withdrew and Jackson Lewis of New York City took its place.
Jody Mason of Jackson Lewis in Chicago and Robert Costales of Chicago, counsel to plaintiff Jermon Minor, notified U.S. District Judge Staci Yandle of agreement on Dec. 1.
Littler Mendelson withdrew on Nov. 20, three days after Yandle denied sanctions against the firm and stated she’d impose sanctions if they failed again to comply with an order.
Plaintiff Jermon Minor seeks damages as substitute for late father Jermaine Minor, who worked about 25 shifts at Oldcastle in Sauget for staffing agency Express Services.
Costales and colleague William Beaumont filed the complaint in 2021, claiming Oldcastle violated state law in collecting, using and storing fingerprints.
They sought $1,000 for negligent violations and $5,000 for reckless and intentional violations.
They proposed to certify a class of workers at Oldcastle locations throughout the state.
Oldcastle’s website shows seven Illinois locations.
Orly Henry in the Chicago office of Littler Mendelson answered the complaint in association with Patricia Martin and Elizabeth Stevenson with the firm in St. Louis.
Henry wrote, “It was entirely clear to plaintiff why he was placing his finger in a device prior to entering or leaving his jobsite, yet plaintiff did not inquire as to what information was obtained or any related information, or express any reservations about participating in that process.”
On Nov. 3, Mason entered an appearance in association with Henry, Martin and Stevenson.
Beaumont moved on Nov. 15 to hold Littler Mendelson in contempt for failing to answer discovery requests, and Costales moved to compel discovery on Nov. 16.
Yandle granted the motion to compel and denied sanctions, with a warning.
Littler Mendelson bowed out, and Mason took charge.
Mason advised Yandle she anticipated she would move to dismiss the complaint.
Instead she negotiated that result.