Frequently Asked Questions

  1. Why is the Notice being provided?
  2. What is this lawsuit about?
  3. What is a class action?
  4. Why is there a Settlement?
  5. How do I know if I am part of the Settlement?
  6. What does the Settlement provide?
  7. Tell me about LifeLock with Norton Benefit Premier.
  8. How do I get a payment and LifeLock from the Settlement?
  9. When will I get my payment and be enrolled in LifeLock?
  10. What am I giving up in exchange for the Settlement?
  11. What are the Released Claims?
  12. How do I get out of the Settlement?
  13. If I exclude myself, can I still get a payment and LifeLock from the Settlement?
  14. If I do not exclude myself, can I sue Cedarhurst for the same thing later?
  15. Do I have a lawyer in this case?
  16. How will Class Counsel be paid?
  17. How do I tell the Court that I do not like the Settlement?
  18. What is the difference between objecting to and excluding myself from the Settlement?
  19. When and where will the Court decide whether to approve the Settlement?
  20. Do I have to come to the Final Approval Hearing?
  21. May I speak at the Final Approval Hearing?
  22. What happens if I do nothing?
  23. Are more details about the Settlement available?
  24. How do I get more information?
  1. Why is the Notice being provided?

    The Court directed that the Notice be provided because you have a right to know about a proposed Settlement that has been reached in this class action lawsuit and about all of your options before the Court decides whether to grant final approval to the Settlement. If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Settlement Administrator appointed by the Court will distribute the benefits that the Settlement allows. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
    Honorable Judge Christopher Kolker of the Twentieth Judicial Circuit Court of Illinois, St. Clair County, is in charge of this case. The case is known as Rachel Brammer v. Cedarhurst of Edwardsville Operator, LLC, et al., Case No. 19L0932 (the “Lawsuit”). The person who filed the Lawsuit is called the Plaintiff and the companies she sued, Cedarhurst Of Bethalto Operator, LLC; Cedarhurst Of Breese Operator, LLC; Cedarhurst Of Centralia Operator, LLC; Cedarhurst Of Collinsville Operator, LLC; Cedarhurst Of Edwardsville Operator, LLC; Cedarhurst Of Frankfort Operator, LLC; Cedarhurst Of Godfrey Management, LLC; Cedarhurst Of Granite City Management, LLC; Cedarhurst Of Greenville Operator, LLC; Cedarhurst Of Highland Operator, LLC; Cedarhurst Of Jacksonville Operator, LLC; Cedarhurst Of McHenry Operator, LLC; Cedarhurst Of Naperville Operator, LLC; Cedarhurst Of Quincy Operator, LLC; Cedarhurst Of Shiloh Operator, LLC; Cedarhurst Of Sparta Operator, LLC; Cedarhurst Of Springfield Operator, LLC; Cedarhurst Of Waterloo Operator, LLC; Cedarhurst Of Woodstock Operator, LLC; and Cedarhurst Of Yorkville Operator, LLC, are called the Defendants.

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  2. What is this lawsuit about?

    The lawsuit claims that Cedarhurst violated the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq., by allowing use of a finger- or hand-scan timekeeping device before signing a release and receiving a notice.
    Cedarhurst denies all of the claims made in the lawsuit.

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  3. What is a class action?

    In a class action, one or more people called Class Representatives (in this case, Rachel Brammer and Dicha Jamerson) sue on behalf of people who have similar claims. Together, all these people are called a Class or Class Members. One Court and one judge resolves the issues for all Class Members, except for those who exclude themselves from the Settlement Class.

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  4. Why is there a Settlement?

    The Court did not decide in favor of the Plaintiff or Cedarhurst. Instead, the parties negotiated a Settlement that allows both sides to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Settlement Class Members to obtain benefits without further delay. The Class Representatives and their attorneys think the Settlement is best for all Settlement Class Members. This Settlement does not mean that Cedarhurst did anything wrong.

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  5. How do I know if I am part of the Settlement?

    You are part of this Settlement as a Settlement Class Member if you used a finger- or hand-scan timekeeping device at one of the following Communities from June 14, 2015 to February 10, 2021 but did not execute a release and receive notice pursuant to the Illinois Biometric Information Privacy Act on or before the first date of use.
    Communities include:
    • Cedarhurst of Edwardsville
    • Ruth’s House Memory Care
    • Cedarhurst of Shiloh
    • Cedarhurst of Collinsville
    • Cedarhurst of Greenville
    • Cedarhurst of Sparta
    • Cedarhurst of Sparta Memory Care
    • Cedarhurst of Jacksonville
    • Cedarhurst of Bethalto
    • Cedarhurst of Breese
    • Cedarhurst of Centralia
    • Cedarhurst of Highland
    • Cedarhurst of Naperville (a/k/a Cedarhurst of Naperville/Woodridge)
    • Cedarhurst of Waterloo
    • Cedarhurst of Waterloo Memory Care
    • Cedarhurst of Quincy
    • Cedarhurst of Yorkville
    • Cedarhurst of Springfield
    • Cedarhurst of Frankfort
    • Cedarhurst of McHenry
    • Cedarhurst of Woodstock
    • Cedarhurst of Godfrey
    • Cedarhurst of Granite City
    The following entities and individuals are excluded from the Settlement Class: (a) Defendants and their immediate families, the officers, directors and affiliates of Defendants, at all relevant times, members of their immediate families and their legal representatives, heirs, successors or assigns, and any entity in which Defendants have or had a controlling interest; (b) judicial officers and their immediate family members and associated court staff assigned to this case; (c) any person who executed a release and received notice pursuant to the Illinois Biometric Information Privacy Act on or before their first use of a finger- or hand-scan timekeeping device at one of the Communities; and (d) all those otherwise in the Settlement Class who timely and properly exclude themselves from the Settlement Class as provided in the Settlement Agreement and Release.

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  6. What does the Settlement provide?

    The Settlement provides Settlement Class Members with $940 cash payments and enrollment in a two-year plan subscription to LifeLock with Norton Benefit Premier.

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  7. Tell me about LifeLock with Norton Benefit Premier.

    LifeLock with Norton Benefit Premier helps provide peace of mind with comprehensive protection for your identity, connected devices, and online privacy. It combines leading identity-theft protection with device security and protection against online threats to help protect against identity thieves trying to steal personal information from PCs, Macs, and mobile devices.
    LifeLock Features include:
    • Online Account Monitoring
    • LifeLock Identity Alert™ System
    • Dark Web Monitoring
    • LifeLock Privacy Monitor™
    • 24/7 Live Member Support
    • Fictitious Identity Monitoring
    • Credit, Checking & Savings Account Activity Alerts
    • 401K & Investment Account Activity Alerts
    • Million Dollar Protection™ Package
    • Bank Account Takeover Alerts
    • Checking and Savings Account Application Alerts
    • Three-Bureau Credit Monitoring
    • Three-Bureau Annual Credit Reports & Credit Scores
    • One-Bureau Monthly Credit Score Tracking
    • Lost Wallet Protection
    • U.S.-Based Identity Restoration Specialists

     

    + Norton Features include:
    • Parental Controls
    • Cloud Backup
    • Password Manager
    • SafeCam
    • Online Threat Protection
    • Smart Firewall

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  8. How do I get a payment and LifeLock from the Settlement?

    To receive a payment and enrollment in LifeLock, you must complete and submit a Claim Form by May 3, 2021. Claim Forms are available and may be filed online on the "File a Claim" page of this website. Claim Forms are also available by calling 1-866-779-6548 or by writing to the address below:


     Brammer v. Cedarhurst of Edwardsville Operator, LLC Settlement Administrator

    P.O. Box 43208

    Providence, RI 02940-3208

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  9. When will I get my payment and be enrolled in LifeLock?

    The Court will hold a Final Approval Hearing at 9:00 a.m. on June 15, 2021 to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether any appeals can be resolved favorably, and resolving them can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed. Please be patient.

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  10. What am I giving up in exchange for the Settlement?

    Unless you exclude yourself from the Settlement, you will release certain legal claims. This means that you will no longer be able to sue, continue to sue, or be part of any other lawsuit against Cedarhurst and related parties about the claims made in this Litigation and released by the Settlement Agreement and Release. You will be legally bound by all of the Court’s orders, as well as the “Released Claims,” as defined below.

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  11. What are the Released Claims?

    If the Settlement is approved and becomes final, Settlement Class Members will release the Released Parties (as defined in the Settlement Agreement) from (1) the Litigation, (2) any claims in any Similar Actions, and (3) any other claims that have been brought, could have been brought, or could be brought now or at any time in the future in the Litigation, Similar Actions, or any other proceeding arising out of, in any manner related to, or connected in any way with the Released Claims. Released Claims includes unknown claims, meaning claims that could have been raised in the Litigation, Similar Actions, or any other proceeding by the Settlement Class against the Defendant and related parties even if not currently known to the Settlement Class.
    Complete information regarding the Released Claims can be found in the Settlement Agreement and Release which are available on the "Case Documents" page of this website.

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  12. How do I get out of the Settlement?

    To exclude yourself from the Settlement, you must submit a request for exclusion online or by mail stating that you want to be excluded from the Settlement in Brammer v. Cedarhurst of Edwardsville Operator, LLC, Case No. 19L0932. Your exclusion request must also include your name, address, telephone number and signature. You must mail your exclusion request postmarked no later than May 3, 2021 to:

    Brammer v. Cedarhurst of Edwardsville Operator, LLC Settlement Administrator

    P.O. Box 43208

    Providence, RI 02940-3208

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  13. If I exclude myself, can I still get a payment and LifeLock from the Settlement?

    No. If you exclude yourself from the Settlement, do not submit a Claim Form for a payment and LifeLock because you will no longer be eligible to receive the Settlement benefits.

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  14. If I do not exclude myself, can I sue Cedarhurst for the same thing later?

    No. If you stay in the Settlement (i.e., do nothing or do not exclude yourself from the Settlement), you give up any right to separately sue Cedarhurst and related parties for the claims asserted in this Litigation and released by the Settlement Agreement and Release.

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  15. Do I have a lawyer in this case?

    Yes. The Court appointed John J. Driscoll of The Driscoll Firm, LLC to represent you and other Settlement Class Members. This lawyer is called Class Counsel. You will not be charged for this lawyer. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  16. How will Class Counsel be paid?

    If the Settlement is approved and becomes final, Class Counsel will ask the Court for an award of up to $1,100,000 in attorneys’ fees, costs, and expenses. The Class Representatives will receive $7,500 each as an incentive award. If approved, these amounts, as well as the costs of notice and settlement administration, will be paid separately by Cedarhurst and will not reduce the amount of money available to Settlement Class Members.

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  17. How do I tell the Court that I do not like the Settlement?

    If you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision. To object, you must file with the Court and mail copies to Class Counsel, Defense Counsel, and the Settlement Administrator a written notice stating that you object to the Settlement in Brammer v. Cedarhurst of Edwardsville Operator, LLC,

    Case No. 19L0932.
    Your objection must include:
    1) your full name, address, and telephone number;
    2) the case name and number (Brammer v. Cedarhurst of Edwardsville Operator, LLC, Case No. 19L0932);
    3) a statement confirming you are a Settlement Class Member;

    4) the reasons why you object to the Settlement, including any documents supporting your objection;

    5) a list, by case name, court, and docket number, of all other cases in which you (directly or through a lawyer) have filed an objection to any proposed class action settlement within the last four years;

    6) the name and telephone number of your attorney, if you have retained one;

    7) a statement indicating whether you intend to personally appear and/or testify at the Final Approval Hearing; and if yes, (i) indicate whether you intend to appear with or without counsel, (ii) identify any witnesses you may call to testify at the Final Approval Hearing in support of your objection, and (iii) attach or include all exhibits you intend to introduce into evidence at the Final Approval Hearing;

    and 8) your signature. Your objection must be filed with the Clerk of the Court of the Circuit Court of St. Clair County, Illinois located at 10 Public Square, Belleville, Illinois 62220 no later than May 3, 2021. Copies of your objection must be sent to: 

    Class Counsel

    John J. Driscoll
    The Driscoll Firm, LLC
    1311 Avenida Juan Ponce de Leon
    Third Floor
    San Juan, PR 00909

    Defense Counsel

    Abby L. Risner
    Greensfelder, Hemker & Gale, P.C.
    10 S. Broadway, Ste. 2000
    St. Louis, MO 63102

    Settlement Administrator  

    Brammer v. Cedarhurst 

    P.O. Box 43208
    Providence, RI 02940-3208

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  18. What is the difference between objecting to and excluding myself from the Settlement?

    Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Class in this Settlement. If you exclude yourself from the Settlement, you have no basis to object or file a claim because the Settlement no longer affects you.

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  19. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Approval Hearing at 9:00 a.m. on June 15, 2021, in the Court of the Circuit Court of St. Clair County, Illinois via Zoom (Meeting ID: 618 825 2541 Passcode: 352622). At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will take into consideration any properly-filed written objections and may also listen to people who have asked to speak at the hearing

    (see Question 17). The Court will also decide whether to approve Class Counsel’s request for an award of attorneys’ fees, costs and expenses, and the incentive award for the Class Representatives.

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  20. Do I have to come to the Final Approval Hearing?

    No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.

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  21. May I speak at the Final Approval Hearing?

    Yes, you may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must follow the instructions provided in Question 17 above. You cannot speak at the hearing if you exclude yourself from the Settlement.

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  22. What happens if I do nothing?

    If you do nothing, you will not receive a payment and you will not be enrolled in the LifeLock benefit available from this Settlement. If the Court approves the Settlement, you will be bound by the Settlement Agreement and Release. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Cedarhurst or related parties about the issues involved in the Litigation, resolved by this Settlement, and released by the Settlement Agreement and Release.

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  23. Are more details about the Settlement available?

    Yes. The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement and Release, which is available On the Case Documents page of this website, or by writing to the address below:

       
    Brammer v. Cedarhurst of Edwardsville Operator, LLC Settlement Administrator

    P.O. Box 43208

    Providence, RI 02940-3208

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  24. How do I get more information?

    Call 1-866-779-6548, or write to the address below:

     

    Brammer v. Cedarhurst of Edwardsville Operator, LLC Settlement Administrator

    P.O. Box 43208

    Providence, RI 02940-3208

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