Common use of Settlement Class Certification Clause in Contracts

Settlement Class Certification. 43. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 45 below; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 44. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 45. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Superior Nut and Candy Company’s Biometric Timekeeping System within the state of Illinois at any time between May 7, 2013 and May 7, 2018.” 46. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court's or staff's immediate family. FILED DATE: 11/26/2019 1:08 PM 2018CH05903 47. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4348. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 45 50, below; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 4449. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated vacated, and the Parties will be returned to their positions with respect to the Action Litigation as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4550. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Superior Nut and Candy Company’s Biometric Timekeeping System within the state of Try-On Application Tool on XxxXxx.xxx while in Illinois at any time between May 7September 20, 2013 2014 and May 727, 20182021.” 4651. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and Court staff to whom this case is assigned, and any member of the Court's ’s or Court staff's ’s immediate family. FILED DATE: 11/26/2019 1:08 PM 2018CH05903. 4752. If for any reason the Settlement is not granted preliminary approved, the Court does not enter a Preliminary Approval Order and/or a Final Approval Order, or final approvalsettlement and resolution of this Litigation as provided for in this Agreement is not reached, Defendant’s agreement to certification of the Settlement Class shall not be used or cited for any purposepurpose in the Litigation or otherwise, including but not limited to in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 43. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 45 46, below; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 44. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 45. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Superior Nut and Candy Company’s Biometric Timekeeping System within the state of whose fingerscan data and/or biometric identifiers or biometric information was captured, collected, obtained, stored, used, disseminated, FILED DATE: 12/13/2019 11:20 AM 2018CH11240 disclosed, redisclosed, sold, leased, profited from or transmitted by Defendant in Illinois at any time within between May 7September 5, 2013 and May 7, 2018[Prelim Approval].” 46. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court's or staff's immediate family. FILED DATE: 11/26/2019 1:08 PM 2018CH05903Defendant has represented to Class Counsel that approximately 2,117 persons are members of the Settlement Class and that they may have contact information for the Settlement Class. 47. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4335. For the purposes of the Settlement only, the Parties stipulate and agree that: : (1) the Class shall be certified in accordance with the definition contained in Paragraph 45 belowherein; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representativerepresentative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 4436. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4537. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Superior Nut and Candy Companya hand scan or finger scan for timekeeping purposes at Defendant’s Biometric Timekeeping System facility within the state of Illinois at any time between May 7after July 24, 2013 2015 and May 7, 2018did not provide written consent in advance.” 4638. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement ClassClass within the time period and in accordance with the exclusive process set forth herein and the legal representatives, heirs, successors or assigns of any such excluded persons, and the Court and staff to whom this case is assigned, and any member of the Court's ’s or staff's ’s immediate family. FILED DATE: 11/26/2019 1:08 PM 2018CH05903. 4739. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation Underlying Action or any other proceeding.

Settlement Class Certification. 4336. For the purposes of the Settlement only, the Parties stipulate and agree that: : (1) the Class shall be certified in accordance with the definition contained in Paragraph 45 belowherein; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 4437. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval final approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Underlying Action as if the Agreement had not been entered into. In the event that Final Approval final approval of the Settlement is not achievedachieved or the Settlement is not Final: (ai) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (bii) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4538. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Superior Nut and Candy Companya hand scan or finger scan for timekeeping purposes at Defendant’s Biometric Timekeeping System facility within the state of Illinois at any time between May 7February 28, 2013 2014 and May 7the date of the Preliminary Approval Order, 2018and did not provide written consent in advance.” 4639. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement ClassClass and the legal representatives, heirs, successors or assigns of any such excluded persons, and the Court and staff to whom this case is assigned, and any member of the Court's ’s or staff's ’s immediate family. 40. FILED DATE: 11/26/2019 1:08 PM 2018CH05903 47. If If, for any reason reason, the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation Underlying Action or any other proceeding.

Settlement Class Certification. 4358. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 45 61 below; (2) Plaintiff shall represent the Class for settlement purposes and shall be FILED DATE: 4/29/2021 8:36 PM 2019CH00205 the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 4459. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. 60. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4561. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Superior Nut and Candy Company’s Biometric Timekeeping System who, within the state of Illinois at any time between May January 7, 2013 and May 72014 through [Preliminary Approval], 2018scanned their finger, iris, face, or other biometric identifier into a Paychex Timeclock.”" 4662. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court's ’s or staff's immediate family. FILED DATE: 11/26/2019 1:08 PM 2018CH05903 47. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4335. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 45 belowherein; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representativerepresentative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 4436. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4537. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Superior Nut and Candy Company’s Biometric Timekeeping the Time-Keeping System at IML Labels Chicago, Inc. within the state of Illinois at any time between May 7January 19, 2013 2016 and May 7January 28, 20182021.” 4638. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court's ’s or staff's ’s immediate family. FILED DATE: 11/26/2019 1:08 PM 2018CH05903. 4739. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4342. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 45 44 below; (2) Plaintiff Plaintiffs shall represent the Class for settlement purposes and shall be the Class RepresentativeRepresentatives; and (3) Plaintiff’s Plaintiffs’ Counsel shall be appointed as Class Counsel. 4443. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4544. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Superior Nut and Candy CompanyMultimedia Sales & Marketing Inc.’s Biometric Timekeeping System within the state of Illinois at any time between May 7since November 29, 2013 and May 7, 20182012.” 4645. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court's or staff's immediate family. FILED DATE: 11/26/2019 1:08 PM 2018CH05903. 4746. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4335. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 45 belowherein; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representativerepresentative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 4436. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4537. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Superior Nut had their fingerprints collected, captured, received, or otherwise obtained, and/or stored, by Defendant in Illinois between December 31, 2015 and Candy Companythe date of the Court’s Biometric Timekeeping System within order preliminarily approving the state of Illinois at any time between May 7, 2013 and May 7, 2018.” 46Settlement. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from (1) any Judge presiding over this action, members of his or her family, and the Settlement ClassJudge’s assigned court staff; (2) Defendant, the Court and staff to whom this case is assignedDefendant’s subsidiaries, parents, successors, predecessors, and any member entity in which Defendant or its parent has a controlling interest; (3) persons who properly execute and file a timely request for exclusion from the Class; (4) persons whose claims in this matter have been finally adjudicated on the merits or otherwise released; (5) Plaintiff’s counsel and Defendant’s counsel; (6) and any individual whose fingerprints were collected, captured, received, or otherwise obtained, or stored, by Defendant only after executing Defendant’s Biometric Information Privacy Employee Consent written release contained within Defendant’s employment onboarding documents (attached as Exhibit D hereto); and (7) the legal representatives, successors, and assigns of the Court's or staff's immediate family. FILED DATE: 11/26/2019 1:08 PM 2018CH05903any such excluded persons.” 4738. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4342. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 45 44 below; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 4443. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected toto such that the Settlement is not approved, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4544. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals Illinois residents who used Superior Nut and Candy CompanyTimeClock Plus, LLC’s Biometric Timekeeping System within the state of Technology in Illinois at any time between May 7November 1, 2013 2014 and May 731, 2018.” 4645. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, ; the Defendant and its employees; Defendant’s customers; and the Court and staff to whom this case is assigned, and any member of the Court's or staff's immediate family. FILED DATE: 11/26/2019 1:08 PM 2018CH05903. 4746. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4335. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Settlement Class shall be certified in accordance with the definition contained in Paragraph 45 belowherein; (2) Plaintiff shall represent the Settlement Class for settlement purposes and shall be the Settlement Class Representativerepresentative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 4436. Defendant does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Settlement Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Settlement Class under this Agreement, or that the Court preliminarily approved the certification of a Settlement Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4537. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Superior Nut and Candy Company’s Biometric Timekeeping the Time-Keeping System at Unytite, Inc. within the state State of Illinois at any time between May 7January 19, 2013 2016 and May 7, 2018the date of entry of the Preliminary Approval Order.” 4638. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court's ’s or staff's ’s immediate family. FILED DATE: 11/26/2019 1:08 PM 2018CH05903. 4739. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4341. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 45 43, below; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 4442. Defendant does Defendants do not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action Litigation as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant Defendants did not oppose the certification of a Class under this Agreement, or that FILED DATE: 11/18/2019 1:44 PM 2019CH08517 the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4543. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Superior Nut and Candy Company’s Biometric Timekeeping System within the state of Illinois at any time between May 7, 2013 and May 7, 2018who created a voice password as part of registering for a class provided by an eDriving subsidiary (including but not limited to Interactive Solutions (d/b/a XxxxxxxXx.xxx) or IdriveSafely).” 4644. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court's or staff's immediate family. FILED DATE: 11/26/2019 1:08 PM 2018CH05903. 4745. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s Defendants’ agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.