Exhibit 3

Case: 1:20-cv-05075 Document #: 6-3 Filed: 08/29/20 Page 1 of 13 PageID #:122
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JASON D. PETTY, 

Plaintiff,

v.

SIGNATURE HEALTHCARE SERVICES, 

LLC d/b/a AURORA-CHICAGO 

LAKESHORE HOSPITAL, a Michigan 

limited liability company,

Defendant.

Case No. 20-cv-5075

DECLARATION OF PATRICIA McCLURE-CHESSIER

I, Patricia McClure-Chessier, do declare as follows.

1. I am over the age of 18 and have personal knowledge of the matters set forth in this 

declaration. If called as a witness, I could and would competently testify to the matters set forth 

herein.

2. I am an employee of Defendant Signature Healthcare and the Chief Executive Officer 

(“CEO”) of Aurora-Chicago Lakeshore Hospital (“Chicago Lakeshore”), an affiliate of Signature 

Healthcare Services, LLC (“Signature Healthcare”). I have been CEO of Chicago Lakeshore since 

March 4, 2019. In my capacity as CEO, I have personal knowledge and understanding of Signature 

Healthcare’s business operations at a corporate level, including the structure of the Signature 

Healthcare and Chicago Lakeshore organizations, human resources functions, personnel matters, the 

maintenance of business books and records, and active litigation matters.

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3. Signature Healthcare Services, LLC is a Michigan limited liability company with one 

member. The sole member of Signature Healthcare is an individual who is a resident and citizen of 

Michigan. Signature Healthcare owns and operates 14 hospitals throughout the country, including 

Chicago Lakeshore.

4. Signature Healthcare maintains two corporate offices. One office is located in 

Corona, California where Signature Healthcare’s Chief Executive Officer, Chief Financial Officer, 

Chief Accounting Officer, Executive Vice President, and Corporate Vice President of Clinical 

Services are based. The other office is located in Troy, Michigan where its Legal Department, 

Accounting Department, and Human Resources Departments are based. Signature Healthcare 

manages its day-to-day operations and makes all corporate decisions at or between these two offices.

5. I familiar with the claims alleged by former employee Jason D. Petty in the lawsuit 

captioned Jason D. Petty v. Signature Healthcare Services, LLC d/b/a Aurora-Chicago Lakeshore 

Hospital that was filed in the Circuit Court of Cook County, Illinois on April 29, 2020. Signature 

Healthcare was served with a copy of the lawsuit on July 30, 2020.

6. As part of the onboarding process, all Chicago Lakeshore employees complete certain

employment-related paperwork prior to their respective start dates. Chicago Lakeshore refers to this 

onboarding paperwork as the “Hire Packet.” The Hire Packet includes Chicago Lakeshore’s 

employee handbook, policies and procedures, training assessments, certification forms, forms related 

to payroll (e.g., direct deposit forms) and a Mutual Arbitration and Class Action Waiver Agreement 

(“Mutual Arbitration Agreement”).

7. I have reviewed Jason D. Petty’s Hire Packet, personnel file and other employment 

records as those documents are maintained by Chicago Lakeshore in the ordinary course of its 

business. Mr. Petty was employed by Chicago Lakeshore as a Mental Health Worker in its Nursing 

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department from November 4, 2019 to January 30, 2020. Mr. Petty applied for the position on 

October 1, 2019 and was offered the position on October 15, 2019 with a November 4, 2019 start 

date.

8. Mr. Petty filled out his Hire Packet on October 31, 2019 and executed the Mutual 

Arbitration Agreement to Arbitrate on that date. A true and correct copy of Mr. Petty’s executed 

Mutual Arbitration Agreement is attached hereto as Exhibit A. 

9. Mr. Petty’s Mutual Arbitration Agreement provides, among other things, that:

Chicago Lakeshore Hospital and all of its parents, subsidiaries, and 

related entities or corporations (collectively, the “Company”) and 

Employee voluntarily agree to the resolution by arbitration of all 

claims, disputes, and/or controversies (collectively, claims), whether 

or not arising out of the Employee’s employment or its termination, 

that Company may have against Employee or that Employee may 

have against Company, its subsidiaries or affiliated entities, or against 

its current or former employees or agents in their capacity.

The claims covered by the Mutual Agreement to Arbitrate include “claims for 

violation of any federal, state, or other governmental law, statute, regulation or 

ordinance except claims [for unemployment or workers compensation benefits] ....”

Ex. A at ¶ 1.

9. Mr. Petty’s Mutual Arbitration Agreement also includes a class action waiver 

provision, specifically that:

Employee and Company expressly intend and agree that each will 

also forego pursuing any covered dispute on a class, collective, or 

representative basis and will not assert class, collective, or 

representative action claims against the other in arbitration or 

otherwise.

Ex. A at ¶ 2. The Mutual Agreement to Arbitrate further provides that “any question regarding class 

or collective arbitrability shall be decided by a court of law and a not an arbitrator,” id., and that 

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“[e]ither party may bring an action in any court of competent jurisdiction to compel arbitration under 

this Agreement ....” Ex. A at ¶ 9.

10. As part of Mr. Petty’s onboarding, he also executed an “Informed Written Consent for 

the Collection, Storage, and Use of Fingertip Templates” (“BIPA Consent”) on November 5, 2019. 

A true and correct copy of Mr. Petty’s executed BIPA Consent is attached hereto as Exhibit B. The 

BIPA Consent is maintained in Mr. Petty’s employee file in the ordinary course of business, which I 

have reviewed.

11. During the time that Mr. Petty worked at Chicago Lakeshore, Signature Health

employed over 500 employees that clocked in and out of work using the timeclocks that Mr. Petty 

used and which he alleges are covered under the Illinois Biometric Information Privacy Act.

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and corrected.

Executed this 28th day of August, 2020 in /s/ Patricia McClure-Chessier

Boston, MA. Patricia McClure-Chessier

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Exhibit A

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MUTUAL AGREEMENT TO ARBITRATE

1. Voluntary Mutual Agreement to Arbitrate Claims. Chicago Lakeshore

Hospital and all of its parents, subsidiaries, and related entities or corporations

(collectively, the “Company”) and Employee voluntarily agree to the resolution by

arbitration of all claims, disputes, and/or controversies (collectively “claims”), whether or

not arising out ofEmployee’s employment or its termination, that Company may have

against Employee or that Employee may have against Company, its subsidiaries or

affiliated entities, or against its current or former employees or agents in their capacity.

The claims covered by this Arbitration Agreement include, but are not limited to, claims

for wages or other compensation due; claims for breach of any contract or covenant

(express or implied); tort claims; claimsfor discrimination or harassment, including, but

not limited to, any federal orstate civil rights laws, ordinances, regulations or orders,

based on charges of discrimination or harassment on account ofrace, color, religion, sex,

sexual orientation, age, citizenship, national origin, mental or physical disability, medical

condition, genetic predisposition, marital status, pregnancy or any other discrimination

prohibited by such laws, ordinances, regulations or orders; claimsfor benefits (except

where an employee benefit orretirement plan specifies that its claims procedures shall

culminate in an arbitration procedure different from this), and claims for violation of any

federal, state, or other governmental law, statute, regulation or ordinance, except claims

excluded below..

2. Class and Representative Action Waiver. Except as otherwise required

under applicable law. Employee and Company expressly intend and agree that each will

also forego pursuing any covered dispute on a class, collective, or representative basis

and will not assert class, collective, orrepresentative action claims against die other in

arbitration or otherwise. Nor will class or collective action procedures apply pursuant to

this Agreement. Employee and Company shall only submit their own, individual claims

in arbitration, and shall be entitled to seek dismissal of any such class, collective, or

representative claims and otherwise assert this Agreement as a defense in any proceeding.

This waiver does not apply to any class, collective, or representative claims that cannot

be waived as a matter oflaw. The Company and Employee further agree that any

question regarding class or collective arbitrability shall be decided by a court oflaw and

not an arbitrator.

3. Claims Not Covered by the Agreement Claims that Employee may have

for workers’ compensation or for unemployment compensation benefits, or that Company

or Employee may have for injunctive relief are not covered by this Agreement. If either

Company or Employee have more than one claim against the other, one ormore ofwhich

is not covered by this Agreement such claims shall be determined separately in the

appropriate forum for resolution ofthose claims. Nothing in this Agreement shall

preclude the parties from agreeing to resolve claims not covered by this Agreement

pursuant to the provisions ofthis Agreement.

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This Agreement does not cover and is inapplicable to claims which have been

filed as civil lawsuits in any court priorto the execution ofthis Agreement.

4. Required Notice of Claims. All statutory claims for or related to

employment discrimination or harassment must be filed with the federal Equal

Employment Opportunity Commission and/or the Illinois Human Rights Commission, or

the state civil rights agency that is located in Employee’s state of employment, within the

time limitsset forth by applicable state and federal law, prior to being submitted to

arbitration, orsuch claims are waived.

IfEmployee or Company does not make a written request for arbitration within

the limitations period applicable to a claim under applicable federal or state law, the party

has waived its right to raise that claim, in any forum, arising out ofthat issue or dispute.

Written notice of a claim against Company, its subsidiaries, affiliated entities,

officers, directors, employees or agents shall be sent to the then-current Company agent

located at Chicago Lakeshore Hospital, 4840 N. Marine Drive, Chicago, IL 773-878-

9700. Written notice of a claim against Employee shall be sent to Employee.

5. Arbitration Procedure, Company and Employee agree that, except as

provided in this Agreement, any arbitration shall be in accordance with the Federal

Arbitration Act (FAA), 9 U.S.C. § 1, etseq., in conformity with the procedures ofthe

JAMS Employment ArbitrationRules and Procedures, unless otherwise stated in this

Agreement. The JAMS Employment ArbitrationRules and Procedures can be found at

h r a copy may be requested from

the Company.

ttps.7/www.iamsadr.com/rules-emp!ovment-arbitration/o

Employee shall initiate the arbitration process by the delivery of a demand for

arbitration on the then-current Company representative located at Chicago Lakeshore

Hospital, 4840 N. Marine Drive, Chicago, IL 773-878-9700, via certified mail return

receipt and within the time limits which would apply to the filing of a civil complaint in

court. Company shall initiate the arbitration process by the delivery of a demand for

arbitration on Employee via certified mail return receipt and within the time limits which

would apply to the filing of a civil complaint in court. A late request will be void.

6. Selection of Arbitrator. The Arbitrator shall be selected as follows: The

parties shall first attempt to select a neutral arbitrator by mutual agreement. Ifthe parties

are unable to come to an agreement, the arbitrator shall be appointed consistent with the

process setforth in the JAMS Employment Arbitration Rules and Procedures, Rule 15. If

the Parties do not agree on an Arbitrator, JAMS shall send the Parties a list of at least five

(5) Arbitrator candidates in the case of a sole Arbitrator and ten (10) Arbitrator

candidates in the case of a tripartite panel. JAMS shall also provide each Party with a

brief description ofthe background and experience of each Arbitrator candidate. JAMS

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may replace any or all names on the list ofArbitrator candidates forreasonable cause at

any time before the Parties have submitted their choice pursuant to the paragraph below.

Within seven (7) calendar days ofservice by the Parties ofthe list ofnames, each Party

may strike two (2) names in the case of a sole Arbitrator and three (3) names in the case

of a tripartite panel, and shall rank the remaining Arbitrator candidates in order of

preference. The remaining Arbitrator candidate with the highest composite ranking shall

be appointed the Arbitrator. JAMS may grant a reasonable extension ofthe time to strike

and rank the Arbitrator candidates to any Party without the consent ofthe other Parties.

If this process does not yield an Arbitrator or a complete panel, JAMS shall designate the

sole Arbitrator or as many members ofthe tripartite panel as are necessary to complete

the panel.

If a Party fails to respond to a list ofArbitrator candidates within seven (7) calendar days

after its service, or fails to respond according to the instructions provided by JAMS,

JAMS shall deem that Party to have accepted all ofthe Arbitrator candidates.

7. Governing Law. The Arbitrator shall apply the substantive law (and the law

of remedies, if applicable) ofIllinois, or federal law, or both, as applicable to the claim(s)

asserted. The Arbitrator shall have die authority to award all remedies and reliefthat

would otherwise have been available ifthe claim had been brought by way of a civil

complaint in court The arbitration shall be final and binding upon the parties.

The Arbitrator should utilize the Federal Rules ofEvidence as a guide to the

admissibility of evidence. The parties retain the right to conduct a reasonable amount of

discovery guided by the Federal Rules ofCivil Procedure, and the Arbitratorshall have

the powerto decide any discovery disputes between the parties.

Either party, upon request at the close ofhearing, shall be given leave to file a

post-hearing brief. The time forfiling such a briefshall be set by the Arbitrator.

8. Location of Arbitration, The parties agree that any arbitration shall take

place in the State of Illinois in the county in which Employee works or worked for

Company, unless such venue is inconvenient to the majority of witnesses expected to be

necessary to the case or unless the parties agree to some other locale.

9. Arbitration Award. Within ninety (90) days following the hearing and the

submission ofthe matter to the Arbitrator, the Arbitratorshall issue a written opinion and

award which shall be signed and dated. The Arbitrator’s award shall include factual

findings and the reasons upon which the award is based.

Either party may bring an action in any court of competentjurisdiction to compel 

arbitration under this Agreement and to enforce an arbitration award.

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10. Arbitration Fees and Costs. The cost ofthe Arbitrator and other incidental

costs of arbitration shall be borne by Company. The parties shall each bear their own

costs for legal representation in any arbitration proceeding, provided, however, that the

Arbitrator shall have the authority to require either party to pay the fee for the other

party’s representation during the arbitration, as is otherwise permitted underfederal or

state law, as part of any remedy that may be ordered.

11. Requirements for Modification or Revocation, The Agreement to arbitrate

shall survive the termination ofEmployee’s employment. It can only be revoked or

modified by a writing signed by the parties that specifically states an intent to revoke or

modify this Arbitration Agreement.

12. Sole and Entire Agreement This is the complete Agreement ofthe parties

on the subject of arbitration of disputes, except for any arbitration agreement in

connection with any retirement or benefit plan. This Arbitration Agreement supersedes

any prior or contemporaneous oral or written understanding on the subject. No party is

relying on any representations, oral or written, on the subject ofthe effect, enforceability

or meaning ofthis Arbitration Agreement, except as specifically set forth in this

Arbitration Agreement.

13. Construction, If any provision ofthis Agreement is adjudged to be void or

otherwise unenforceable, in whole or in part, such adjudication shall not affect the

validity ofthe remainder ofthe Agreement

14. Not an Employment Agreement This Arbitration Agreement is not, and

shall not be construed to create, any contract of employment, express or implied. Nor

does this Agreement in any way alter the “at-will” status ofEmployee’s employment.

15. Voluntary Agreement, Employee acknowledge that Employee have

carefully read this Arbitration Agreement, that Employee understand its terms, that all

understandings and agreements between Company and Employee relating to the subjects ' 

covered in the Agreement are contained in it, and that Employee have entered into the

Agreement voluntarily and not in reliance on any promises or representations by

Company other than those contained in this Agreement.

EMPLOYEE UNDERSTAND THAT BY SIGNING THIS AGREEMENT, COMPANY

AND EMPLOYEE HAVE BOTH WAIVED THEIR RIGHTTO A JURY TRIAL AND

THEIR RIGHT TO APPEAL WITH RESPECT TO ALL CLAIMS COVERED BY

THIS AGREEMENT.

Employee initials:

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EMPLOYEE FURTHER ACKNOWLEDGES THAT EMPLOYEE HAS BEEN GIVEN

THE OPPORTUNITY TO DISCUSS THIS AGREEMENT WITH EMPLOYEE’S

PRIVATE LEGAL COUNSEL AND HAS AVAILED HIMSELF OR HERSELF OF

THAT OPPORTUNITY TO THE EXTENT EMPLOYEE WISHES TO DO SO.

Employee:

Print Name ofEmployee

Date

Company:

Representative

Title of Representative

//■ V77

Date

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Exhibit B

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Chicago

Lakeshore

Hospital

Informed Written Consent for the Collection, Storage, and Use ofFingertip Templates

Aurora Chicago Lakeshore Hospital, LLC (“ACLH”) utilizes Kronos InTouch with Touch ID at

its facility. As part ofthe Touch ID enrollment process, an algorithm creates a template using a scan of

employees’ fingertips (hereinafter “template(s)”). At no point are employees’ actual fingertip scans

stored. The templates derived from the fingertip scans are stored in a secure database and used to verify

employees’ identities upon arrival at the facility.

Prior to participating in the Touch ID enrollment process, please take notice ofthe following:

1. It is possible that the scan ofyour fingertips, and the templates derived therefrom, may be

interpreted as constituting data regulated under the Illinois Biometric Information Privacy

Act;

2. Your employment at ACLH will involve the collection of your fingertip scans and 

storage ofthe templates derived therefrom;

3. The templates derived from your fingertip scans will be collected, stored, and used for the

duration of your employment, but in no event longer than 3 years after your last

interaction with ACLH; and

4. The templates derived from your fingertip scans will be collected, stored, and used for the

specific purpose ofverifying your identity.

Having read the above, I agree to the following:

1. My fingertip scans and the templates derived therefrom may be collected, used, and

stored for the duration ofmy employment, but in no event longer than 3 years after my

last interaction with ACLH;

2. My fingertip scans and the templates derived therefrom will be collected, used, and

stored for the specific purpose of verifying my identity; and

3. By signing this document, I am providing ACLH with a legally effective written release

(i.e., informed written consent) to collect, store, and use my fingertip scans and the

templates derived therefrom.

4814-5769-1482.1

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