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WARN Act LitigationO&G lawyers investigate and file lawsuits throughout the United States on behalf of employees affected by mass layoffs and company shut-downs. For more information regarding the WARN Act, please visit www.warnlawyers.com. WARN Act - Filed Cases
WARN Act - Settled Cases
Adam Aircraft Industries IncOn May 9, 2008, Outten & Golden filed suit against Adam Aircraft Industries, Inc. seeking to recover 60 days wages and benefits for former employees of Adam Aircraft who we contend were terminated on or about February 15, 2008 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). The case is pending in United States Bankruptcy Court for the District of Colorado. The case is currently in litigation. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Alliance BancorpOn December 13, 2007, Outten & Golden filed suit against Alliance Bancorp, Alliance Bancorp Inc., ARH Mortgage Inc., Airlie Opportunity Master Fund, Ltd and WDM Fund, L.P. seeking to recover 60 days wages and benefits for former employees of Alliance Bancorp who we contend were terminated on or about July 13, 2007 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act)and California Labor Code § 1400. The case is currently pending in United States Bankruptcy Court for the District of Delaware. The parties have reached a tentative class settlement, subject to Court approval. If the settlement is approved by the Court, notice will be mailed to the class. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone  Return to Top Archway CookiesOn October 15, 2008, Outten & Golden filed suit against Archway Cookies LLC, Mother’s Cake & Cookie Co., Archway & Mother’s Cookie Co., Inc., and Dough Co., seeking to recover 60 days wages and benefits for former employees of Archway Cookies under the Worker Adjustment and Retraining Notification Act (the WARN Act) and California Labor Code § 1400. On or about October 6, 2008, we contend, Archway Cookies terminated the employment of employees as part of a mass layoff or a plant closing as defined by 29 U.S.C. § 2101(a)(2),(3). The case is pending in the United States Bankruptcy Court for the District of Delaware. The case is currently in the discovery stage. On August 6, 2009, Outten & Golden filed suit against Catterton Partners V, L.P., Catterton Partners V Offshore, L.P., Catterton Coinvest I, LLC and Insight Holdings in United States District Court for the District of Connecticut under the WARN Act seeking to recover 60 days wages and benefits for former employees of Archway Cookies. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Bill Heard Enterprises, Inc.On October 6, 2008, Outten & Golden filed suit against Bill Heard Enterprises Inc., et al., seeking to recover 60 days wages and benefits for former employees of Bill Heard who we contend were terminated on or about September 24, 2008 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). The case is currently pending in United States Bankruptcy Court for the Northern District of Alabama. The parties have reached settlement, which is subject to Court approval. The WARN Act settlement is part of the Chapter 11 Amended Plan and Disclosure Statement which is scheduled to be heard for approval on October 7, 2009. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Return to Top Black Angus Steakhouse (GRA Liquidation, Inc.)On July 28, 2009, Outten & Golden filed suit against GRA Liquidation, Inc., GRA Enterprises Liquidation, Inc., PMC Liquidation Corporation, Pecus ARG Investment, Inc., Versa Capital Fund 1, L.P., Versa Capital Fund 1 Parallel, L.P., and Versa Capital Management, Inc. seeking to recover 60 days wages and benefits for former employees of Black Angus Steakhouse who we contend were terminated on or about March 10, 2009 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act) and the California Labor Code § 1400. The case is currently pending in the United States Bankruptcy Court for the District of Delaware. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Caritas Health CareOn February 24, 2009, Outten & Golden filed suit against Caritas Healthcare Inc., seeking to recover 60 days wages and benefits for former employees of Caritas Health Care, Inc., under the Worker Adjustment and Retraining Notification Act (the WARN Act) and the New York Labor Law (“NY WARN Act”) § 860. We contend Caritas Healthcare Inc., terminated the employees at its New York facilities on or about February 17, 2009 without providing them with advance written notice. The case is now pending in the United States Bankruptcy Court for the Eastern District of New York. The case is currently in the discovery stage. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Continental Promotion GroupOn December 2, 2008, Outten & Golden filed suit against Continental Promotion Group Inc., seeking to recover 60 days wages and benefits for former employees of Continental Promotion Group Inc., who we contend were terminated in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). We allege Continental Promotion Group Inc. ordered mass layoffs on or about November 19, 2008, without providing the employees with advance written notice. The case is now pending in the Untied States Bankruptcy Court for the Middle District of Florida. On September 28, 2009 the Court converted the estate to Chapter 7. A Trustee will be appointed shortly. Our case is set for a status conference on December 15, 2009. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Corwood Laboratories, Inc.On November 4, 2009, Outten & Golden filed suit against Corwood Laboratories, Inc., seeking to recover 60 days wages and benefits for former employees of Corwood under the Worker Adjustment and Retraining Notification Act and the NY WARN Act. We contend Corwood ordered mass layoffs on or about October 6, 2009 without providing the employees with advance written notice. The case is pending in the United States District Court for the Eastern District of New York. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Delta Financial MortgageOn December 12, 2007, Outten & Golden filed suit against Delta Financial Corporation, Delta Funding Corporation and Fidelity Mortgage Inc., seeking to recover 60 days wages and benefits for former employees of Delta who we allege were terminated on or about August 22, 2007 and November 8, 2007 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). The case is currently pending in United States Bankruptcy Court for the District of Delaware. The case is currently in the discovery stage and the parties are simultaneously exploring settlement. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Eclipse AviationOn March 3, 2009, Outten & Golden filed suit against Eclipse Aviation Corporation seeking to recover 60 days wages and benefits for former employees of Eclipse Aviation under the Worker Adjustment and Retraining Notification Act (the WARN Act). We allege Eclipse Aviation ordered mass layoffs on or about February 18, 2009 without providing the employees with advance written notice. The action is pending in the United States Bankruptcy Court for the District of Delaware. On March 24, 2009, the estate converted to Chapter 7. The case is currently in the discovery stage. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone FortunoffOn February 12, 2009, Outten & Golden filed suit against Fortunoff Holdings, LLC, Fortunoff Card Company, LLC, NRDC Equity Partners, LLC and NRDC Fund V, LLC, seeking to recover 60 days wages and benefits for former employees of Fortunoff under the Worker Adjustment and Retraining Notification Act and the NY WARN Act. We contend Fortunoff ordered mass layoffs on or about February 12, 2009 without providing the employees with advance written notice. The Case is pending in the United States Bankruptcy Court for the Southern District of New York. Counsel moved to certify the class and the parties are engaged in initial discovery. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone FraserOn January 28, 2009, Outten & Golden filed suit in United States District Court for the District of Maine against Fraser Timber Limited and Fraser Papers Inc. seeking to recover 60 days wages and benefits for former employees of Fraser Timber Limited under the Worker Adjustment and Retraining Notification Act (the WARN Act) and Maine's severance statute. We contend Fraser ordered mass layoffs on or about January 2, 2009 without providing the employees with advance written notice. The case is currently stayed due to Fraser's bankruptcy filing in Canada. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Homebanc MortgageOn August 21, 2007, Outten & Golden filed suit against HomeBanc Mortgage seeking to recover 60 days wages and benefits for former employees of HomeBanc who we contend were terminated in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). The case is pending in United States Bankruptcy Court for the District of Delaware. The case is currently in the discovery stage. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Jevic Transportation, Inc.,On May 21, 2008, Outten & Golden filed suit against Jevic Transportation, Inc., Jevic Holding Corp., Creek Road Properties, LLC, Sun Capital Partners, Inc., seeking to recover 60 days wages and benefits for former employees of Jevic Transportation who were terminated on or about May 19, 2008, in violation of the Worker Adjustment and Retraining Notification Act and the New Jersey WARN Act (the WARN Acts). The case is pending in US Bankruptcy Court for the District of Delaware. The case is currently in the discovery stage. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Lend AmericaOn December 9, 2009, Outten & Golden filed suit against Ideal Mortgage Bankers LTD, d/b/a Lend America seeking to recover 60 days wages and benefits for former employees of Lend America under the Worker Adjustment and Retraining Notification Act and the NY WARN Act. We contend Lend America ordered mass layoffs on or about December 1, 2009 without providing the employees with advance written notice. The case is pending in the United States District Court for the Eastern District of New York. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Lehman Brothers HoldingsOn November 4, 2008, Outten & Golden filed suit against Lehman Brothers Holdings, Inc., seeking to recover 60 days wages and benefits for former employees of Lehman Brothers who we contend were terminated on or about September 9, 2008, in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). The case is pending in United States Bankruptcy Court for the Southern District of New York. The case is currently in preliminary discovery. On September 21, 2009, Outten & Golden filed a second suit against Lehman Brothers Holdings, Inc. in the United States Bankruptcy Court for the Southern District of New York for unpaid salary continuation for former employees of Lehman Brothers that were terminated on or about September 9, 2008. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone MazerOn January 6, 2009, Outten & Golden filed suit against Mazer Corporation seeking to recover 60 days wages and benefits for former employees of Mazer under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend Mazer ordered mass layoffs on or about December 30, 2008 without providing the employees with advance written notice. The case is pending in the United States District Court for the Southern District of Ohio. The case is currently stayed by receivership. On November 19, 2009, Outten & Golden filed a related WARN Act suit against ABMD Limited in United States Bankruptcy Court for the Southern District of Ohio, based on ABMD' Limited's connection to Mazer Corp. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Mid-States ExpressOn April 6, 2009, Outten & Golden filed suit against Mid-States Express, Inc., seeking to recover 60 days wages and benefits for former employees of Mid-States under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend Mid-States ordered mass on or about March 26, 2009 without providing the employees with advance written notice. The case is pending in the United States Bankruptcy Court for the Northern District of Illinois. The case is currently stayed until September 29, 2009, to determine the assets in the estate. Our case is set for a status conference on October 8, 2009. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Monaco CoachOn March 6, 2009, Outten & Golden filed suit against Monaco Coach Corporation seeking to recover 60 days wages and benefits for former employees of Monaco Coach under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend Monaco Coach ordered mass layoffs on or about March 2, 2009 without providing the employees with advance written notice. The case is pending in the United States Bankruptcy Court for the District of Delaware. On June 29, 2009 the estate converted to Chapter 7. Our case is stayed until a permanent trustee is appointed. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Pace AirlinesOn October 13, 2009, Outten & Golden filed suit against Pace Airlines Inc., seeking to recover 60 days wages and benefits for former employees of Pace Airlines under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend Pace Airlines ordered mass layoffs on or about September 8, 2009 without providing the employees with advance written notice. The case is pending in the United States District Court for the Middle District of North Carolina. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone QimondaOn February 20, 2009, Outten & Golden filed suit against Qimonda North America Corp., and Qimonda Richmond, LLC seeking to recover 60 days wages and benefits under the Worker Adjustment and Retraining Notification Act (the WARN Act) and the California WARN Act. We contend Qimonda ordered mass layoffs on or about February 4, 2009 without providing the employees with advance written notice. The suit also includes claims based on employees' entitlements to severance, and is currently pending in United States Bankruptcy Court for the District of Delaware. We are litigating claims as well against parent entities Qimonda AG and Infineon Technologies North America, which are in the preliminary stage in the United States District Court for the District of Delaware. Counsel moved for class certification and the parties are engaged in discovery. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Rutland Plywood CorpOn February 3, 2009, Outten & Golden filed suit against Rutland Plywood Corporation LLC seeking to recover 60 days wages and benefits for former employees of Rutland Plywood under the Worker Adjustment and Retraining Notification Act (the WARN Act). Rutland Plywood, we contend, ordered mass layoffs on or about November 30, 2008 without providing the employees with advance written notice. The case is pending in the United States District Court for the District of Vermont. The case is currently in the discovery stage. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Southern Star MortgageOn February 1, 2008, Outten & Golden filed suit against Southern Star Mortgage seeking to recover 60 days wages and benefits for former employees of Southern Star Mortgage who were terminated in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). The case is pending in US Bankruptcy Court Eastern District of New York. The case is currently in the discovery stage. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Steve & Barry'sOn November 20, 2008, Outten & Golden filed suit against BH S&B Holdings LLC, BHY S&B Intermediate Holdco LLC, Bay Harbour Management LC, and York Capital Management seeking to recover 60 days wages and benefits for former employees of Steve & Barry's the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend Steve & Barry's ordered mass layoffs on or about November 17, 2008 without providing the employees with advance written notice. While Steve & Barry's has filed a Chapter 11 petition in the United States Bankruptcy Court for the Southern District of New York, the WARN action is being actively litigated in the United States District Court for the Southern District of New York. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Taylor, Bean & Whitaker Mortgage CompanyOn August 10, 2009, Outten & Golden filed suit against Taylor Bean & Whitaker Mortgage Corporation, seeking to recover 60 days wages and benefits for former employees of Taylor Bean who we contend were terminated on or about August 5, 2009 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). On August 24, 2009, Taylor, Bean & Whitaker filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court for the Middle District of Florida. On the same day, Outten & Golden moved our case to the bankruptcy court. The case is currently pending in the Bankruptcy Court for the Middle District of Florida. Outten & Golden is seeking to recover WARN damages for former Taylor Bean employees. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone TWL CorporationOn November 4, 2008, Outten & Golden filed suit against TWL Corporation, f/k/a Trinity Learning Corporation and TWL Knowledge Group, Inc., f/k/a Trinity Workplace Learning Corporation, seeking to recover 60 days wages and benefits for former employees of TWL Corporation who were terminated under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend TWL Corporation ordered mass layoffs on or about September 9, 2008 without providing the employees with advance written notice. The case is pending in United States Bankruptcy Court for the Eastern District of Texas. The case is currently stayed until October 6, 2009, to determine the assets in the estate. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone WL Homes, LLC d/b/a John Laing CorporationOn October 15, 2009, Outten & Golden filed suit against WL HOMES and related entities seeking to recover 60 days wages and benefits for former employees of WL Homes who were terminated under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend WL Homes, ordered mass layoffs on or about June 5, 2009 without providing the employees with advance written notice. The case is pending in United States Bankruptcy Court for the District of Delaware. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone American Home Mortgage (WARN Act)On December 14, 2009, the court approved a final settlement valued at $6.5 million dollars for approximately 2300 employees of American Home Mortgage. On August 8, 2007, Outten & Golden filed suit against American Home Mortgage Corp, American Home Mortgage Acceptance, Inc., American Mortgage Serving Inc., American Home Mortgage Investment Corp., and American Home Mortgage Holding, Inc. seeking to recover 60 days wages and benefits for former employees of American Home Mortgage who we contend were terminated on or about August 3, 2007 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). We anticipate that the Liquidating Trustee will make a distribution to the class by Spring 2010. Class members will have Six Months from the date of issuance of the settlement checks to deposit or negotiate their checks or risk reversion of the funds to the estate. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Return to Top Continental AFA Dispensing Co.On August 13, 2009, the court approved a final settlement valued at $1.5 million dollars for approximately 535 employees of Continental AFA. Outten & Golden filed suit against ContinentalAFA Dispensing Co., Harbinger Capital Partners Master Fund I, Ltd., and Harbinger Capital Partners Special Situations Fund, L.P., in the Bankruptcy Court for the Eastern District of Missouri to secure the rights of former ContinentalAFA employees in connection with the Worker Adjustment and Retraining Notification Act (the WARN Act). ContinentalAFA terminated approximately 535 employees at its facilities on or about July 24, 2008 without providing them with advance written notice. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. ContinentalAFA terminated employees on July 24, 2008 without providing them with advance written notice. The WARN settlement is to be funded from the sale of the estate’s real estate and from proceeds recovered from litigation by the Trustee. To date, all but one piece of real estate has been sold by the Trustee. In terms of litigation, that process has begun and is estimated to conclude by December 2010. We will update the Class on the expected timing of distributions as information becomes known to us. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone EOS AirlinesOn September 25, 2008, the court approved a final settlement valued at $1.7 million dollars for approximately 350 employees of EOS Airlines. Outten & Golden, filed suit against EOS Airlines Inc., in the Bankruptcy Court for the Southern District of New York to secure the rights of former EOS Airlines' employees in connection with the Workers Adjustment and Retraining Notification Act (the WARN Act). EOS Airlines terminated approximately 350 employees at its facilities in Purchase, NY and JFK on or about April 27, 2008 without providing them with advance written notice. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. EOS Airlines terminated employees on April 27, 2008, without providing them with advance written notice. An initial distribution of the settlement was made to the Class by the Liquidating Trustee in August 2009. Class members have 60 days from the date of issuance of the settlement checks to deposit or negotiate their checks or risk reversion of the funds to the estate. Please contact us immediately if you are a member of the class and have not received your settlement check. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone First MagnusOn December 17, 2009, the court approved a final settlement valued at $5.5 million dollars for approximately 1400 employees of First Magnus Financial Corporation. Outten & Golden filed suit on behalf of former First Magnus employees in the U.S. Bankruptcy Court for the District of Arizona seeking to recover 60 days wages and benefits. We contend First Magnus violated the Worker Adjustment and Retraining Notification Act (the WARN Act) when terminating its employees on or about August 16, 2007. Outten & Golden has been actively litigating against both First Magnus Financial Corp. and First Magnus Capital, Inc., in their respective bankruptcy proceedings in Tucson and Phoenix, and in the United States Court of Appeals for the Ninth Circuit. If you worked at one of the qualifying locations, see chart below, you may be eligible and should have received notice of the settlement by first class mail. If you have changed your mailing address over the past two years, please call or email us your current mailing address immediately. Our contact information is below. LIST OF QUALIFYING LOCATIONS
We anticipate that an initial distribution of the settlement will be made to the class by the end of December 2009. Additional funding of the WARN settlement is contingent upon recoveries from litigation initiated by the Litigation Trustee in the FMFC estate. Class members will have Six Months from the date of issuance of the settlement checks to deposit or negotiate their checks or risk reversion of the funds to the estate. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone First NLCOn July 17, 2009, the Court approved a final settlement valued at $400,000 for approximately 199 employees of First NLC Financial Services, LLC. Outten & Golden filed suit against First NLC in the Bankruptcy Court for the Southern District of Florida to secure the rights of former First NLC employees in connection with the Worker Adjustment and Retraining Notification Act (the WARN Act). First NLC terminated approximately 199 employees at its facilities in Boca Raton, FL and Anaheim, CA on or about November 30, 2007 and January 11, 2008 without providing them with advance written notice. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. First NLC terminated 199 employees on or about November 30, 2007 and January 11, 2008 without providing them with advance written notice. We anticipate that the Chapter 7 Trustee will be mailing settlement checks to the members of the class the first week of October 2009. If you have moved and have not provided us with an updated address, please contact our office immediately. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or or email her at warnintake@outtengolden.com. Change of addess and/or telephone FNX MiningOn December 21, 2009, the court approved a Class settlement in the amount of $975,000 dollars for the 231 former employees of FNX Mining. Outten & Golden filed suit against FNX Mining Company USA Inc., DMC Mining Services Corporation, Mid-Tennessee Zinc Corporation, and Strategic Resource Acquisition Corporation in October of 2008, seeking to recover 60 days wages and benefits for former employees of DMC Mining Services Corporation and Mid-Tennessee Zinc Corporation, who we allege were terminated in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. On February 3, 2009, the Court granted a Motion to Dismiss for Mid-Tennessee Zinc Corporation and Strategic Resource Acquisition Corporation. Settlement checks were mailed to Class Members on February 15, 2010. Class members will have Six Months from the date of issuance of the settlement checks to deposit or negotiate their check or risk reversion of the funds to the estate. If you have changed your mailing address over the past year, please call or email us your current mailing address immediately. Our contact information is below. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Kitty HawkOn June 2009, the Court approved a final settlement at $1.4 million dollars for approximately 392 employees of Kitty Hawk. Outten & Golden filed suit against Kitty Hawk in the Bankruptcy Court for the Northern District of Texas to secure the rights of former Kitty Hawk employees in connection with the Worker Adjustment and Retraining Notification Act (the WARN Act). Kitty Hawk terminated approximately 392 employees at its facilities in Dallas Fort Worth International Airport, Los Angeles International Airport, and Fort Wayne International Airport on or about October 29, 2007 without providing them with advance written notice. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. Kitty Hawk terminated employees on or about October 29, 2007 without providing them with advance written notice. The settlement will be distributed to the class in two installments. The first settlement payment was distributed by the Liquidating Trustee in June 2009. We will advise the class when they may expect to receive the final settlement distribution. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone Quaker Fabric CorporationOn September 2008, the Court approved a final settlement valued at $1.0 million dollars for approximately 895 employees of Quaker Fabric. Outten & Golden filed suit against Quaker Fabric Corporation in the Bankruptcy Court for the District of Delaware to secure the rights of former Quaker Fabric employees in connection with the Worker Adjustment and Retraining Notification Act (the WARN Act). Quaker Fabric terminated approximately 895 employees at its facilities on or about July 5, 2007 without providing them with advance written notice. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. Quaker Fabric terminated employees on July 5, 2007, without providing them with advance written notice. The Court held a hearing on September 24, 2009 on the Trustee's objections to improperly filed claims. Resolution of those claims will free up funds which can then go to pay other creditors, including former employees. We will advise the class when they may expect to receive a second settlement distribution. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at warnintake@outtengolden.com. Change of addess and/or telephone For links to other legal resources, click on www.outtengolden.com/resources/links |
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