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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

DOMINIQUE STINSON and OCTAVIA 

WILLIAMS, individually and on behalf of all 

others similarly situated, 

Plaintiffs, 

 v. 

LCS COMMUNITY EMPLOYMENT LLC, 

LCS MOKENA LLC d/b/a CLARENDALE OF 

MOKENA, and ALGONQUIN 

OPERATIONS, LLC d/b/a CLARENDALE 

OF ALGONQUIN, 

Defendants.

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Case No. 1:20-cv-04603 

Honorable Judge John J. Tharp, Jr. 

Magistrate Judge M. David Weisman 

DEFENDANTS’ JOINT MOTION TO DISMISS PLAINTIFFS’ COMPLAINT 

PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(6) AND 12(b)(1) 

Defendants LCS Community Employment LLC (“LCE”), LCS Mokena LLC d/b/a 

Clarendale of Mokena (“LCS Mokena”), and Algonquin Operations, LLC d/b/a Clarendale of 

Algonquin (“Algonquin Operations”) (collectively, “Defendants”), by their undersigned counsel, 

respectfully move this Court to dismiss Plaintiffs’ Complaint pursuant to Federal Rules of Civil 

Procedure 12(b)(6) and 12(b)(1). Concurrently with the filing of this Motion, Defendants have 

submitted a Joint Memorandum in Support of the same (“Memorandum”), and in further support, 

Defendants state as follows: 

1. This is a putative class action under the Illinois Biometric Information Privacy Act 

(“BIPA”), 740 ILCS 14/1 et seq. Plaintiffs allege that during the periods they were employed by 

LCE and working at facilities allegedly operated by LCS Mokena and Algonquin Operations, 

respectively, “Defendants” required them to “use a biometric time clock system to record their 

time worked,” and violated the requirements of the BIPA in doing so. (Compl. ¶¶ 6, 14-15.) For 

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the following reasons, Defendants respectfully request that the Court dismiss all of Plaintiffs’ 

claims. 

2. First, Plaintiffs’ claims are untimely under 735 ILCS 5/13-201, which provides that 

claims involving “publication of matter violating the right of privacy shall be commenced within 

one year next after the cause of action accrued.” Alternatively, Plaintiffs’ claims are untimely 

under Illinois’ two-year statute of limitations for personal injury claims under 735 ILCS 5/13-202. 

3. Second, because Plaintiffs allege a statutory right to recover for an alleged 

workplace injury, their exclusive remedy is through the Illinois Workers’ Compensation Act, 820 

ILCS 305/1 et seq. Their BIPA claims are therefore preempted. 

4. Third, Plaintiffs’ BIPA claims must be dismissed because Plaintiffs have not pled 

sufficient facts to support plausible violations of any BIPA requirement and a recovery of 

liquidated damages. Specifically, Plaintiffs have failed to allege that Defendants acted negligently 

or recklessly; failed to allege that Defendants possess their biometric information; and failed to 

allege that Defendants disclosed their biometric information. 

5. Fourth, the Complaint contains no allegations as to what LCS Mokena or 

Algonquin Operations actually did to violate the BIPA. Plaintiffs offer only a formulaic recitation 

that “Defendants” violated that statute, and allege no specific involvement by those entities. 

6. Fifth, because their BIPA claims “complete[d] a financial transaction requested or 

authorized” by Plaintiffs, their Section 15(d) claim is excluded under Section 15(b)(2) of the BIPA. 

7. Sixth, Plaintiffs have failed to plead facts showing that they are entitled to injunctive 

relief under Sections 15(b) or 15(d). 

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WHEREFORE, for all of the reasons stated above and in Defendants’ supporting 

Memorandum, Defendants respectfully request that the Court dismiss this action with prejudice 

and grant any additional relief it deems just and appropriate. 

Dated: December 11, 2020 

By: 

Respectfully submitted, 

DEFENDANTS LCS COMMUNITY 

EMPLOYMENT LLC; LCS MOKENA LLC 

D/B/A CLARENDALE OF MOKENA; AND 

ALGONQUIN OPERATIONS, LLC D/B/A 

CLARENDALE OF ALGONQUIN 

/s/ Jason A. Selvey 

One of Their Attorneys

Jason A. Selvey 

Jody Kahn Mason 

Jonathan B. Cifonelli 

Jackson Lewis P.C. 

150 North Michigan Avenue, Suite 2500 

Chicago, IL 60601 

Tel.: 312.787.4949 

Fax: 312.787.4995 

Jason.Selvey@jacksonlewis.com 

Jody.Mason@jacksonlewis.com 

Jonathan.Cifonelli@jacksonlewis.com 

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CERTIFICATE OF SERVICE 

I, Jason A. Selvey, an attorney, certify that on December 11, 2020, I caused a true and 

correct copy of the attached Defendants’ Joint Motion to Dismiss Plaintiffs’ Complaint Pursuant 

to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1), to be filed with the Court by electronic 

filing protocols, and that same will therefore be electronically served upon all attorneys of record 

registered with the Court’s ECF/CM system. 

/s/ Jason A. Selvey 

4847-3035-7972, v. 1

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