We previously reported that Shutterfly Inc. was unsuccessful in persuading an Illinois federal judge to dismiss the biometrics case against it (view related posts, here and here).

Last week, Shutterfly moved for reconsideration of the denial, basing the request in part on Facebook’s success in convincing another Illinois judge to dismiss a similar case against it alleging violation of the Illinois Biometric Information Privacy Act (view related post).

Shutterfly requested that if the Judge does not grant its request for reconsideration, that the Judge certify the case so it can take an interlocutory appeal before the case is finally decided.

We will continue to watch biometric cases closely as they wind their way through the court system.