On Tuesday, December 10, 2024, U.S. District Court Judge John J. Tharpe Jr. of the Northern District of Illinois Eastern Division denied Defendant Amazon’s motion to stay or deny without prejudice Plaintiffs summary judgement motion. The decision was outlined in a minute order that clarifies the court’s intent to prioritize the class certification motion before addressing pending summary judgment motions.
Amazon had argued for a delay in the summary judgment process, citing concerns related to the “one-way intervention” doctrine, which prevents Plaintiffs in class action lawsuits from using favorable summary judgment rulings before class certification to pressure settlements. Despite these concerns, the court emphasized the existing briefing schedule, previously agreed upon by both parties, which governs the timeline for summary judgment motions. The defendant’s motion to alter this arrangement was deemed unnecessary.
“The Court understands the one-way intervention issue and expects to address the class certification motion before addressing pending summary judgment motions,” the order stated. Judge Tharp reiterated that the parties’ stipulated briefing schedule remains effective and adequate for managing the litigation’s progression.
The case, Hogan, et al. v. Amazon.com ,Inc., No. 21-cv-3169 alleges that Amazon violated Illinois’ Biometric Information Privacy Act (BIPA) through its use of facial recognition technology in its Photos service. Plaintiffs claim Amazon collected and stored biometric data—such as facial geometry—without obtaining the informed written consent required under BIPA. Additionally, Plaintiffs argue that Amazon failed to adequately secure the collected biometric information, exposing it to potential misuse. The case seeks relief for Illinois residents whose privacy rights under BIPA were allegedly compromised.
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