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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

LAMARCUS VARNADO, individually, 

and on behalf of all other similarly 

situated, 

 Plaintiff, 

v. 

WEST LIBERTY FOODS, L.L.C., an 

Iowa limited liability company, 

 Defendant. 

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Case No. 1:20-cv-02035 

Judge: Honorable Sharon J. Coleman 

DEFENDANT WEST LIBERTY FOODS, L.L.C.’S MOTION TO DISMISS 

PLAINTIFF’S CLASS ACTION COMPLAINT OR, IN THE ALTERNATIVE, 

TO STAY THESE PROCEEDINGS 

COMES NOW Defendant West Liberty Foods, L.L.C. (“Defendant” or “WLF”) and moves 

to dismiss Plaintiff’s Class Action Complaint (“Complaint”) for failure to state a claim upon which 

relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), or in the alternative, to 

stay proceedings. In support thereof, Defendant submits an accompanying Memorandum of Law 

and states as follows: 

 1. Plaintiff’s Complaint raises two counts under the Illinois Biometric Information 

Privacy Act (“BIPA”), 740 ILCS 14/1 et seq., against WLF. 

 2. Count I alleges violations of 740 ILCS 14/15(b), and Count II alleges violations of 

740 ILCS 14/15(a). 

Case: 1:20-cv-02035 Document #: 16 Filed: 06/18/20 Page 1 of 4 PageID #:104
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 3. Plaintiff’s Complaint should be dismissed in its entirety because Plaintiff’s claims 

are untimely, and thus his Complaint fails to state a claim upon which relief can be granted under 

Rule 12(b)(6). 

 4. Second, Plaintiff alleges that he worked at WLF as both a temporary employee and 

as a regular employee. For the time period during which he was a WLF employee, as opposed to 

a temporary employee through a staffing agency, Plaintiff’s exclusive remedy for alleged BIPA 

violations is the Illinois Workers’ Compensation Act (“IWCA”). Therefore, timing issues aside, 

Plaintiff’s claims during the period of his regular WLF employment should be dismissed as well. 

 5. Third, the Court should dismiss Plaintiff’s allegations of intentional or reckless 

violations of BIPA under 740 ILCS 14/20(2) because they are insufficiently pleaded. 

 6. Finally, in the alternative, this Court should stay this action pending the Illinois 

Appellate Court’s decisions in Tims v. Black Horse Carriers (“Tims”), 1-20-0563 (Ill. App. Ct. 

1st. Dist.) and McDonald v. Symphony Bronzeville, LLC (“McDonald”), No. 1-19-2398 (Ill. App. 

Ct. 1st Dist.). In Tims, the court will address whether a one- or five-year limitations period applies 

to BIPA claims. In McDonald, the court will decide whether the IWCA preempts claims under 

BIPA. As explained further in WLF’s supporting Memorandum of Law, the result of these 

decisions could prove case-dispositive here or at the very least would have a significant effect on 

the size and scope of this case. Thus, Defendant alternatively seeks a stay of these proceedings as 

a matter of judicial economy. 

 WHEREFORE, Defendant West Liberty Foods, L.L.C. respectfully requests this Court 

dismiss with prejudice Plaintiff’s Complaint, his claims during his period as a regular WLF 

employee, and his claim for intentional or reckless violations; or, alternatively, stay these 

proceedings until the resolution of the McDonald and Tims appeals. 

Case: 1:20-cv-02035 Document #: 16 Filed: 06/18/20 Page 2 of 4 PageID #:105
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Dated: June 18, 2020 Respectfully submitted, 

 /s/ Shannon L. Sole 

 Gregory P. Abrams 

Faegre Drinker Biddle & Reath LLP 

311 S. Wacker Drive, Suite 4300 

Chicago, IL 60606 

Tel: 312.212.6500 

Fax: 312.212.6501 

gregory.abrams@faegredrinker.com 

Shannon L. Sole 

Faegre Drinker Biddle & Reath LLP 

801 Grand Ave., 33rd Floor 

Des Moines, IA 50309 

shannon.sole@fagredrinker.com 

ATTORNEYS FOR DEFENDANT 

WEST LIBERTY FOODS, L.L.C. 

Case: 1:20-cv-02035 Document #: 16 Filed: 06/18/20 Page 3 of 4 PageID #:106
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CERTIFICATE OF SERVICE 

The undersigned attorney hereby states that on June 18, 2020, she filed the foregoing 

document using the electronic filing system, which will send an email notification to the 

attorneys listed below. The foregoing document will also be served via overnight delivery upon 

all attorneys of record. 

David Fish 

John Kunze 

Mara Baltabols 

THE FISH LAW FIRM, P.C. 

200 East Fifth Street, Suite 123 

Naperville, Illinois 60563 

dfish@fishlawfirm.com 

mara@fishlawfim.com 

docketing@fishlawfirm.com 

s/ Shannon L. Sole

Case: 1:20-cv-02035 Document #: 16 Filed: 06/18/20 Page 4 of 4 PageID #:107