This case was last updated from PACER on 09/24/2021 at 14:12:05 (UTC).

Ronquillo v. Doctor's Associates LLC et al

Case Summary

On September 15, 2021, Mariel Ronquillo (“Plaintiff”), individually and on behalf of others similarly situated, represented by Carl V. Malmstrom of Wolf Haldenstein Adler Freeman & Herz LLC, filed a class action lawsuit against Doctor’s Associates, LLC (“DAL”) and HP Inc. (“HP”) (collectively, “Defendants”), seeking injunctive and equitable reliefs and damages, among other reliefs, for allegedly obtaining Plaintiff’s biometrics without appropriate notice and consent. This case was filed in U.S. District Court in the Northern District of Illinois with Judge Sara L. Ellis presiding

 

In the complaint, the Plaintiff alleged that, “Plaintiff worked at a Subway restaurant,”. Plaintiff also alleged that, “The point-of-sale system included the Biometric System, which Plaintiff used to clock in and out of shifts and breaks, and to unlock the point-of-sale system.” The Plaintiff also alleged that, “When Plaintiff first used the Biometric System, DAL used SubwayPOS to capture her fingerprint and create a reference template, an algorithmic representation of the features of the fingerprint used to subsequently identify Plaintiff.” 

 

The Plaintiff further alleged that, “Plaintiff’s reference template and identifying information were stored on the point-of-sale equipment owned by HP and leased to Plaintiff’s employer under the RTaaS program” and “After the reference template was created, every time Plaintiff used the Biometric System, DAL used SubwayPOS to capture her fingerprint and compare it to the stored reference template to identify her.” 

 

The Plaintiff also alleged that, “Neither Defendant explained the Biometric System to Plaintiff” and “Neither Defendant informed Plaintiff how they used data collected through the Biometric System.” The Plaintiff further alleged that, “Neither Defendant told Plaintiff how long they kept the data collected through the Biometric System” and “Plaintiff did not consent to Defendants’ capture, collection, use, or retention of her fingerprint or the identifying data derived from it.” 



There are two claims of relief laid down by the Plaintiff, individually and on behalf of the class. The first claim is for the alleged violation of 740 ILCS 14/15 against HP as HP allegedly did not inform Plaintiff and the HP Class in writing that their biometrics were being collected, stored, and used. The second claim is for the alleged violation of 740 ILCS 14/15 against DAL as DAL allegedly did not inform Plaintiff and the Subway Class in writing that their biometrics were being collected, stored, and used.

 

In its prayer for relief, the Plaintiff requested the Court to certify this action as class action and appoint the Plaintiff as the representative of the class. Further, the Plaintiff requested the Court for permanent injunctive and equitable relief and award of $5,000 in damages per violation, per member of the Classes under 740 ILCS 14/20(2), or, if Defendants’ conduct does not rise to that standard, $1,000 per violation, per member of the Classes under 740 ILCS 14/20(1). The Plaintiff also requested the Court for reasonable attorneys’ fees, costs, and other litigation expenses under 740 ILCS 14/20(3) along with pre- and post-judgment interest and any other relief the Court deems equitable and just.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-04903

  • Filing Date:

    09/15/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Presiding Judge

Sara L. Ellis

 

Party Details

Plaintiff

Mariel Ronquillo

Defendants

Doctor's Associates LLC

HP Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Carl V. Malmstrom

Attorney at Wolf Haldenstein Adler Freeman & Herz LLC

111 W. Jackson St., Suite 1700

Chicago, IL 60604

 

Court Documents

#4

(#4) SUMMONS Returned Executed by Mariel Ronquillo as to Doctor's Associates LLC on 9/17/2021, answer due 10/8/2021. (Malmstrom, Carl) (Entered: 09/23/2021)

#3

(#3) SUMMONS Returned Executed by Mariel Ronquillo as to HP Inc. on 9/16/2021, answer due 10/7/2021. (Malmstrom, Carl) (Entered: 09/17/2021)

#2

(#2) ATTORNEY Appearance for Plaintiff Mariel Ronquillo by Carl V. Malmstrom (Malmstrom, Carl) (Entered: 09/15/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT (Class Action) filed by Mariel Ronquillo; Jury Demand. Filing fee $ 402, receipt number 0752-18672136. (Attachments: #1 Civil Cover Sheet)(Malmstrom, Carl) (Entered: 09/15/2021)

 

Docket Entries

  • 09/23/2021
  • View Court Documents
  • Docket(#4) SUMMONS Returned Executed by Mariel Ronquillo as to Doctor's Associates LLC on 9/17/2021, answer due 10/8/2021. (Malmstrom, Carl) (Entered: 09/23/2021)

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  • 09/17/2021
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  • Docket(#3) SUMMONS Returned Executed by Mariel Ronquillo as to HP Inc. on 9/16/2021, answer due 10/7/2021. (Malmstrom, Carl) (Entered: 09/17/2021)

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  • 09/16/2021
  • DocketSUMMONS Issued as to Defendants Doctor's Associates LLC, HP Inc. (ak, ) (Entered: 09/16/2021)

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  • 09/16/2021
  • DocketCASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (jj, ) (Entered: 09/16/2021)

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  • 09/15/2021
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  • Docket(#2) ATTORNEY Appearance for Plaintiff Mariel Ronquillo by Carl V. Malmstrom (Malmstrom, Carl) (Entered: 09/15/2021)

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  • 09/15/2021
  • View Court Documents
  • Docket(#1) COMPLAINT (Class Action) filed by Mariel Ronquillo; Jury Demand. Filing fee $ 402, receipt number 0752-18672136. (Attachments: #1 Civil Cover Sheet)(Malmstrom, Carl) (Entered: 09/15/2021)

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