Hirmer v. ESO Solutions, Inc. d/b/a eCore Solutions, Inc 
U.S.D.C., Northern District of Illinois, Eastern Division 
Case No. 22-cv-01018

If you scanned your finger in connection with your use of an ePro BioClock in Illinois from January 24, 2017 to September 10, 2024, and had your finger scan data hosted on a server owned or leased by ESO Solutions, Inc. (“ESO”), you may be entitled to benefits under a class action lawsuit.

A federal court authorized this Notice. This is not a solicitation from a lawyer.

A proposed settlement will provide $4,101,300.00 (the “Settlement Fund”) to fully settle and release claims of the following individuals:

All individuals who scanned their finger in connection with their use of an ePro BioClock in Illinois and whose finger-scan data was hosted on a server owned or leased by ESO from January 24, 2017 to September 10, 2024. The Settlement Class does not encompass individuals who may have used an ePro BioClock in Illinois, but did not have their finger-scan data hosted on a server owned or leased by ESO.

The following are excluded from the Settlement Class: (1) the district and magistrate judges presiding over this case; (2) the judges of the Seventh Circuit; (3) the immediate families of the preceding person(s); (4) any Released Party;and (5) any Settlement Class Member who timely opts out of this Action.

ESO denies Plaintiff’s allegations and denies any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiff’s claims or ESO’s defenses. By entering into the settlement, ESO has not conceded the truth or validity of any of the claims against it.

The Settlement Fund shall be used to pay amounts related to the settlement, including awards to Settlement Class, attorneys’ fees and costs to attorneys representing Plaintiff and the Settlement Class (“Class Counsel”), any service award for Plaintiff and the costs of notice and administration of the settlement. Class Counsel estimate that Settlement Class Members will receive approximately $401.00 (“Initial Settlement Award Checks”). However, the payment will ultimately depend on the total number of Settlement Class Members, costs of notice and administration, as well as the reasonable costs, attorneys’ fees, and incentive award approved by the Court. Any monies remaining in the Settlement Fund after the Initial Settlement Award Checks are distributed and the expiration date has passed will be distributed on a pro rata basis to those Settlement Class Members who cashed their Initial Settlement Award Checks (the “Subsequent Distribution”), so long as the amount to be distributed is at least $5.00 per Settlement Class Member. The Subsequent Distribution shall be made within thirty (30) days after the expiration date of the  Initial Settlement Award Checks. If there is not enough money to pay at least $5.00 to each Settlement Class Member who cashed their initial Settlement Award Check or accepted their initial Settlement Award deposit, or if any checks or deposits from the subsequent distribution remain uncashed after the stale date, those funds shall be distributed, in equal amounts, to the Electronic Privacy Information Center and Illinois Heart Rescue as the cy pres beneficiaries, subject to Court approval.

Your rights and options, and the deadlines to exercise them, are explained in this Notice. Your legal rights are affected whether you act or do not act. Read this Notice carefully.

YOUR  LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
EXCLUDE YOURSELF OR "OPT OUT" OF THE SETTLEMENT	If you ask to be excluded, you will not receive a payment. This is the only option that allows you to pursue your own potential claims against ESO or other released parties related to a released claim. The deadline for excluding yourself is December 2, 2024.
OBJECT TO THE SETTLEMENT	If you wish to object to the settlement, you must write to the Court about why you believe the settlement is unfair in any aspect. The deadline for objecting is December 2, 2024.
DO NOTHING	If you do nothing, you will still receive a payment from the settlement and give up your rights to sue ESO or any other released parties related to a released claim.
GO TO THE FINAL APPROVAL HEARING	You may attend the Final Approval Hearing. At the Final Approval Hearing, you may ask to speak in Court about the fairness of the settlement. To speak at the Final Approval Hearing, you must file a document which includes your name, address, telephone number and your signature with the Court, which must also state your intention to appear at the Final Approval Hearing. This must be filed not later than December 2, 2024.

These rights and options—and the deadlines to exercise them—are explained in this Notice.

The Court in charge of this case still has to decide whether to approve the settlement.  Payments (i.e., Settlement Award Checks) will be disbursed if the Court approves the settlement and after any appeals are resolved. Please be patient.