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Case: 1:21-cv-00135 Document #: 30 Filed: 04/09/21 Page 1 of 4 PageID #:228
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`In re: Clearview AI, Inc. Consumer Privacy
`Litigation
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`Civil Action File No.: 1:21-cv-00135
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`Judge Sharon Johnson Coleman
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`Magistrate Judge Maria Valdez
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`PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION
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`For the reasons set forth in Plaintiffs’ Memorandum of Law in Support of Motion for
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`Preliminary Injunction, Plaintiffs David Mutnick, Mario Calderon, Jennifer Rocio, Anthony Hall
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`and Isela Carmean, on behalf of themselves and all others similarly situated, by appointed interim
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`lead class counsel, respectfully move this Court, pursuant to Federal Rule of Civil Procedure 65,
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`for an order preliminarily enjoining Defendants Clearview AI, Inc. (“Clearview”); Hoan Ton-That;
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`and Richard Schwartz (collectively, “Defendants”) from:
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`(a)
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`Continuing to possess, use and store the unlawfully collected biometric identifiers
`and biometric information (collectively, “Biometric Data”) of Illinois residents;
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`(b) Collecting, capturing or obtaining Illinois residents’ Biometric Data without first
`providing the notice and obtaining the releases required by Illinois’ Biometric
`Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq.;
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`(c)
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`Selling, trading leasing or otherwise profiting from Illinois residents’ Biometric
`Data; and
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`(d) Distributing, redistributing or disseminating Illinois residents’ Biometric Data
`without obtaining the consent required by BIPA.
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`Any preliminary injunctive relief should also require Defendants to:
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`(a)
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`Store, transmit and protect from disclosure all Biometric Data of Illinois residents:
`(i) using the reasonable standard of care within Defendant Clearview’s industry;
`and (ii) in a manner that is the same as or more protective than the manner in which
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`Case: 1:21-cv-00135 Document #: 30 Filed: 04/09/21 Page 2 of 4 PageID #:229
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`the Clearview Defendants store, transmit and protect other confidential and
`sensitive information; and
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`(b) Develop and publish on Defendant Clearview’s website a written policy, made
`available to the public, that establishes a retention schedule and guidelines for
`permanently destroying Illinois residents’ Biometric Data when the initial purpose
`for collecting or obtaining such Biometrics has been satisfied or within three years
`of the Illinois resident’s last interaction with the private entity, whichever occurs
`first.
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`The injunctive relief requested in this motion is collectively referred to as the “Injunctive Relief.”
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`Plaintiffs further request the appointment of a Special Master to assist with the implementation of
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`any Injunctive Relief and to verify Defendants’ compliance with any injunction order.
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`WHEREFORE, Plaintiffs David Mutnick, Mario Calderon, Jennifer Rocio, Anthony Hall
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`and Isela Carmean, on behalf of themselves and all others similarly situated, respectfully request
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`that the Court enter an order granting them the requested Injunctive Relief. Plaintiffs further
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`request the appointment of a Special Master to assist with the implementation of any Injunctive
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`Relief and to verify Defendants’ compliance with any injunction order. Plaintiffs also request that
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`the Court grant them any further relief it deems just and proper.
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`Dated: April 9, 2021
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`By:
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`Respectfully submitted,
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`/s/ Scott R. Drury
`SCOTT R. DRURY
`Interim Lead Class Counsel for Plaintiffs
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`Mike Kanovitz
`Scott R. Drury
`LOEVY & LOEVY
`311 N. Aberdeen, 3rd Floor
`Chicago, Illinois 60607
`312.243.5900
`drury@loevy.com
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`Case: 1:21-cv-00135 Document #: 30 Filed: 04/09/21 Page 3 of 4 PageID #:230
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`Scott A. Bursor
`Joshua D. Arisohn
`BURSOR & FISHER, P.A.
`888 Seventh Avenue
`New York, NY 10019
`646.837.7150
`scott@bursor.com
`jarisohn@bursor.com
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`Frank S. Hedin (to be admitted pro hac vice)
`HEDIN HALL LLP
`Four Embarcadero Center, Suite 1400
`San Francisco, California 94104
`415.766.3534
`fhedin@hedinhall.com
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`Michael Drew
`NEIGHBORHOOD LEGAL LLC
`20 N. Clark Street #3300
`Chicago, Illinois 60602
`312.967.7220
`mwd@neighborhood-legal.com
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`Michael Wood
`Celetha Chatman
`COMMUNITY LAWYERS LLC
`20 N. Clark Street, Suite 3100
`Chicago, Illinois 60602
`312.757.1880
`mwood@communitylawyersgroup.com
`cchatman@communitylawyersgroup.com
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`Steven T. Webster
`Aaron S. Book
`WEBSTER BOOKK LLP
`300 N. Washington, Ste. 404
`Alexandria, Virginia 22314
`888.987.9991
`swebster@websterbook.com
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`Other Counsel for Plaintiffs
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`Case: 1:21-cv-00135 Document #: 30 Filed: 04/09/21 Page 4 of 4 PageID #:231
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`CERTIFICATE OF SERVICE
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`I, Scott R. Drury, an attorney, hereby certify that, on April 9, 2021, I filed the foregoing
`document using the Court’s CM/ECF system, which effected service on all counsel of record.
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`/s/ Scott R. Drury
`Interim Lead Class Counsel for Plaintiffs
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