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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`DAVID MUTNICK, for himself and others
`similarly situated,
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`Plaintiff,
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`v.
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`CLEARVIEW AI, INC.; HOAN TON-THAT;
`RICHARD SCHWARTZ; and CDW
`GOVERNMENT LLC
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`Case No. 20 C 512
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`Judge Sharon Johnson Coleman
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`Magistrate Judge Maria Valdez
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`Defendants.
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`PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION
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`For the reasons set forth in Plaintiff’s Memorandum of Law in Support of Motion for
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`Preliminary Injunction, Plaintiff David Mutnick, on behalf of himself and all others similarly
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`situated, by his attorneys, respectfully moves this Court, pursuant to Federal Rule of Civil
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`Procedure 65, for an order preliminarily enjoining Defendants Clearview AI, Inc. (“Clearview”);
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`Hoan Ton-That; and Richard Schwartz (collectively, “Defendants”) from:
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`continuing to possess the biometric identifiers and information (collectively,
`“Biometric Identifiers”) of Illinois residents without a written policy, made
`available to the public, establishing a retention schedule and guidelines for
`permanently destroying such identifiers and information when the initial purpose
`of collecting or obtaining them has been satisfied or within 3 years of each Illinois
`resident’s last interaction with Defendants, whichever occurs first;
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`collecting, capturing or otherwise obtaining any Illinois resident’s Biometric
`Identifiers, without first providing the written notice required by the Illinois
`Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/15(b), and without
`obtaining the required written release;
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`selling, leasing, trading or otherwise profiting from any Illinois resident’s
`Biometric Identifiers;
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`(a)
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`(b)
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`(c)
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`1
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`Case: 1:20-cv-00512 Document #: 31 Filed: 04/08/20 Page 2 of 4 PageID #:126
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`(d)
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`(e)
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`disclosing, redisclosing and otherwise disseminating any Illinois resident’s
`Biometric Identifiers; and
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`continuing to possess the Biometric Identifiers of Illinois residents without taking
`adequate and reasonable measures to ensure the security of the identifiers and
`information.
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`WHEREFORE, Plaintiff David Mutnick, on behalf of himself and all others similarly
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`situated, respectfully requests that the Court enter an order preliminarily enjoining Defendants
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`from:
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`(a)
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`(b)
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`(c)
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`(d)
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`(e)
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`continuing to possess the Biometric Identifiers of Illinois residents without a
`written policy, made available to the public, establishing a retention schedule and
`guidelines for permanently destroying such identifiers and information when the
`initial purpose of collecting or obtaining them has been satisfied or within 3 years
`of each Illinois resident’s last interaction with Defendants, whichever occurs first;
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`collecting, capturing or otherwise obtaining any Illinois resident’s Biometric
`Identifiers, without first providing the written notice required by the BIPA and
`without obtaining the required written release;
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`selling, leasing, trading or otherwise profiting from any Illinois resident’s
`Biometric Identifiers;
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`disclosing, redisclosing and otherwise disseminating any Illinois resident’s
`Biometric Identifiers; and
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`continuing to possess the Biometric Identifiers of Illinois residents without taking
`adequate and reasonable measures to ensure the security of the identifiers and
`information.
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`2
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`Case: 1:20-cv-00512 Document #: 31 Filed: 04/08/20 Page 3 of 4 PageID #:127
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`Plaintiff and class members further request that the Court grant them any further relief it deems
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`just and proper.
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`Dated: April 8, 2020
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`Respectfully submitted,
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`/s/ Scott R. Drury
`SCOTT R. DRURY
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`Arthur Loevy (arthur@loevy.com)
`Michael Kanovitz (mike@loevy.com)
`Jon Loevy (jon@loevy.com)
`Scott R. Drury (drury@loevy.com
`LOEVY & LOEVY
`311 N. Aberdeen, 3rd Floor
`Chicago, Illinois 60607
`312.243.5900
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`3
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`Case: 1:20-cv-00512 Document #: 31 Filed: 04/08/20 Page 4 of 4 PageID #:128
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`CERTIFICATE OF SERVICE
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`I, Scott R. Drury, an attorney, hereby certify that, on April 8, 2020, I filed the foregoing
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`document using the Court’s CM/ECF system, which effected service on all counsel of record.
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`/s/ Scott R. Drury
`One of David Mutnick’s Attorneys
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