In Million v. Hospital Sisters Health System, 2025 WL 3124652 (C.D. Ill. Nov. 7, 2025), Judge Sue E. Myerscough issued a detailed opinion resolving motions to dismiss, stay discovery, and compel discovery in a putative class action alleging violations of the Illinois Genetic Information Privacy Act (GIPA). The plaintiff claims that Hospital Sisters Health System and affiliated entities unlawfully solicited applicants’ family medical history during pre-employment screenings, conduct prohibited under GIPA.
The court denied defendants’ motion to dismiss for lack of CAFA jurisdiction, holding that, at the pre-certification stage, the plaintiff presented sufficient evidence to plausibly establish a class of 100+ members, minimal diversity, and an amount in controversy exceeding $5 million. Publicly available information, internal policies, and discovery materials supported a reasonable inference that pre-employment medical exams routinely included family history inquiries. The court also rejected defendants’ Rule 11 sanctions request, finding that plaintiff’s jurisdictional allegations were supported by reasonable pre-filing investigation.
On discovery, the court granted plaintiff’s motions to compel, emphasizing that where merits and class discovery are not bifurcated, defendants cannot refuse class-related discovery solely because certification has not yet occurred. The court further ordered defendants to comply with their ESI obligations, including disclosure of custodians, data sources, date ranges, and search methodologies, and awarded attorneys’ fees under Rule 37 for unjustified noncompliance. The ruling reinforces courts’ expectations of transparency and good-faith cooperation in ESI discovery and underscores that attempts to delay or narrow discovery without support risk sanctions and fee shifting.
If your organization is seeking support with eDiscovery, our team has solutions to address all phases of the discovery process. At CODISCOVR, we deliver client-focused, defensible, and scalable solutions using advanced technology and intelligent review practices to meet eDiscovery, document review, and information governance needs in a manner that reduces the risks and costs associated with electronically stored information (ESI). Reach out to Nicole Gill, Chair & Managing Member of CODISCOVR. With almost a decade of experience, she manages complex and high-profile eDiscovery projects and routinely navigates data and privacy protection laws across many domestic and foreign jurisdictions.
