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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 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 the U.S. Bankruptcy Court, District of Colorado with discovery scheduled to close October 2011. 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 or email her. Change of addess and/or telephone 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 U. S. Bankruptcy Court for the District of Delaware. The Trustee consented to class certification and notice of the class action was mailed to the putative class members in June 2010. The parties are engaged in discovery on the issue of Archway's liability. 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. The parties to the Delaware and Connecticut actions are currently engaged in settlement discussions. If a settlement is reached, the parties will request that the Delaware Court grant preliminary approval of the settlement. Notice would then be mailed to the members of the class setting forth the terms of the proposed settlement and the date for a final hearing to approve the 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 or email her. Change of addess and/or telephone Black Angus Steakhouse (GRA Liquidation, Inc.)On July 28, 2009, Outten & Golden filed suit against GRA Liquidation, Inc., GRA Enterprises Liquidation, 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 pending in the United States Bankruptcy Court for the District of Delaware. On April 6, 2010 the Court converted the estate to Chapter 7. A Trustee has been 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 or email her. 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 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 its employees on or about February 17, 2009 without providing them with advance written notice. The case is pending in the United States Bankruptcy Court for the Eastern District of New York. The case was certified and notice of the suit was mailed to the members of the class on February 3, 2010. The parties have completed discovery, cross-moved for summary judgment, and participated in mediation.. The parties are currently engaged in settlement negotiations. If a settlement is reached, the parties will request that the Court grant preliminary approval of the settlement. Notice would then be mailed to the members of the class setting forth the terms of the proposed settlement and the date for a final hearing to approve the 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. Change of addess and/or telephone Charlie Brown's SteakhouseOn November 18, 2010, Outten & Golden filed suit against CB Holding Corp. and Charlie Brown’s Acquisition Corp. which operates the Charlie Brown’s Steakhouse, Bugaboo Creek and The Officer Beer Bar & Grill restaurants. The suit seeks to recover 60 days wages and benefits for former employees of the company under the Federal Worker Adjustment and Retraining Notification Act (“WARN”), the New Jersey WARN Act, and the New York WARN Act. We contend CB Holding Corp. and Charlie Brown’s Acquisition Corp., with their subsidiaries, ordered mass layoffs on or about November 17, 2010 without providing the employees with advance written notice. The case is 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(NJ, PA) or 90 days(NY) 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. Change of addess and/or telephone Clear Connection CorporationOn October 15, 2010, Outten & Golden filed suit against Clear Connection Corporation seeking to recover 60 days wages and benefits for former employees of Clear Connection under the Worker Adjustment and Retraining Notification Act (the WARN Act) and the California Labor Code § 1400. We contend Clear Connection ordered mass layoffs on or about August 23, 2010 without providing the employees with advance written notice. The case is pending in the United States District Court for the Eastern District of California. The parties are currently engaged in settlement discussions. 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. 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 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 pending in the United States Bankruptcy Court for the Middle District of Florida. On September 28, 2009, the Court converted the estate to Chapter 7 and appointed a Trustee. At present, the assets in the estate to satisfy creditors' claims are very limited. In order to preserve those assets, the parties have stayed further litigation pending a determination of whether there will be sufficient assets to pay the employees' WARN claims. On August 17, 2011, O&G filed an amended complaint, clarifying that the proposed class comprises those employees who worked at or reported to the Tempe, Arizona facility and were terminated without case and without 60 days 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. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or or email her. 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 under the Worker Adjustment and Retraining Notification Act and the NY WARN Act, as well as unpaid vacation leave. 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. The case was certified as a class action and notice of the case was mailed to the members of the class in August 2010. The parties are currently engaged in discovery, while 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 or email her. Change of addess and/or telephone Data Listing Services (The Connection)On July 28, 2011, Outten & Golden LLP filed suit against Data Listing Services, LLC, d/b/a The Connection and Data Listing Services (Jamestown) LLC, seeking to recover 60 days wages and benefits for former employees of Data Listing Services (The Connection) who we contend were terminated on or about February 4, 2011 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act) and the NY WARN Act. The case is pending in the United States District Court for the Western District of New York. The complaint focuses on the layoffs at Penn Yan. 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 or email her. 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 plaintiffs have moved to certify the class. The parties have agreed to stay discovery pending a determination of whether there will be sufficient assets in the estate to satisfy the employees' WARN claims. The parties have agreed to stay litigation until at least October 2011, pending a determination of the estate's assets. 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 or email her. Change of addess and/or telephone Emivest Aerospace CorporationOn November 19, 2010, Outten & Golden filed suit against Emivest Aerospace Corporation seeking to recover 60 days wages and benefits for former employees of Emivest Aerospace Corporation under the Worker Adjustment and Retraining Notification Act. We contend Emivest Aerospace Corporation ordered mass layoffs on or about June 21, 2010 without providing the employees with advance written notice. The case is pending in the United States Bankruptcy Court for the District of Delaware. The parties have agreed to stay litigation pending a determination of whether there will be sufficient assets in the estate to satisfy employee claims. 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 or email her. Change of addess and/or telephone Excel Storage ProductsOn September 24, 2010, Outten & Golden filed suit against Excel Capital Partners LLC and Excel Storage Products LP to recover 60 days wages and benefits for former employees of Excel Storage Products under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Excel ordered mass layoffs on or about September 17, 2010 without providing the employees with advance written notice. The case is pending in the U.S. Bankruptcy Court for the Middle District of Pennsylvania. The Trustee consented to liability making further litigation against the estate unnecessary. A WARN distribution is contingent upon the estate recovering sufficient assets to pay employee claims. We expect a partial distribution to be made by the end of this year. 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 or email her. 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 under the Worker Adjustment and Retraining Notification ("WARN") Act and the NY WARN Act. We contend Fortunoff ordered mass layoffs on or about February 12, 2009 without providing its employees with advance written notice. The Case is pending in the United States Bankruptcy Court for the Southern District of New York. On October 1, 2009, the Court converted the case to chapter 7 and a Trustee was appointed. Prior to conversion, plaintiffs' counsel moved to certify the class. The parties have reached a tentative settlement with the Trustee for the estates of Fortunoff Holdings, LLC and Fortunoff Card Company, LLC. If a settlement is reached, and subject to the Court's preliminary approval, notice of the terms of the WARN settlement will be mailed to each member of the class. We continue to litigate against NRDC Equity Partners, LLC and NRDC V, LLC on behalf of the class members. 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 or email her. 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 court certified the case as a class action on December 18, 2007. On February 24, 2009, the Court converted the case to chapter 7 and a Trustee was appointed. The parties are engaged in settlement discussions. 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 or email her. Change of addess and/or telephone Howrey LLPOn April 4, 2011, Outten & Golden filed suit against Howrey LLP to recover 60 days wages and benefits for former employees of Howrey LLP under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Howrey LLP ordered mass layoffs on or about March 31, 2011 without providing the employees with advance written notice. The case is pending in the U.S. District Court for the Southern District of New York. On April 11, 2011, Howrey LLP was placed in involuntary bankruptcy in the U.S. Bankruptcy Court Northern District of California. Accordingly, on April 12, 2011, Outten & Golden filed its WARN class action suit in the U.S. Bankruptcy Court Northern District of California. On behalf of the named plaintiff, our firm was selected to be one of the seven creditors placed by the U.S. Trustee on the Official Committee of Unsecured Creditors (the “Committee”). The Committee has met on almost a weekly basis and is deeply involved in efforts to maximize the prospects for a distribution to the creditors, in particular, the unsecured creditors, from the estate. The WARN suit is set for a status conference on September 23, 2011. 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 or email her. Change of addess and/or telephone Jevic Transportation, Inc.,On May 21, 2008, Outten & Golden filed a WARN suit against Jevic Transportation, Inc., Jevic Holding Corp., Creek Road Properties, LLC, Sun Capital Partners, Inc. The suit has been certified as a class action. The class members are the approximately 1,800 former employees of Jevic Transportation who were terminated on or about May 19, 2008. The suit seeks to recover for each class member up to 60 days wages and benefits under the federal WARN Act and, if greater, up to one week of wages and benefits for each year worked under the New Jersey WARN Act for those who worked in New Jersey. The case is pending in U.S. Bankruptcy Court for the District of Delaware. It seeks these recoveries against both the Jevic estates and Sun Capital Partners, Inc. Although the parties continue to explore settlement, Class Counsel is moving forward with the WARN litigation. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or or email her. 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 or email her. 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 under the Worker Adjustment and Retraining Notification (“WARN”) 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. Lend America’s response to the complaint was due May 24, 2010. 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 or email her. Change of addess and/or telephone Mazer / ABMDOn January 6, 2009, Outten & Golden filed suit against Mazer Corporation ("Mazer") 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. Counsel requested the Court entered judgment against Mazer for failure to respond to Counsel's complaint. That motion is currently pending before the Court. 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's connection to Mazer. The ABMD Court certified the case as a class action and notice was mailed to the members of the class on December 9, 2010. The parties are currently engaged in discovery which is scheduled to close October 31, 2011. 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 or email her. Change of addess and/or telephone MF GlobalOn November 14, 2011, Outten & Golden filed suit against MF Global Holdings, LTD., MF Global Finance USA, Inc., MF Global Holdings USA Inc., and MF Global Inc., seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act and the NY WARN Act. We contend MF Global ordered mass layoffs on or about November 11, 2011 without providing its employees with advance written notice. The Case is pending in the United States Bankruptcy 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 or email her. 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 pending a determination of whether there will be sufficient assets in the estate to satisfy the employees' WARN claims. 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 or email her. 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 and a Trustee was appointed. In September 13, 2010 the parties participated in mediation and reached a tentative settlement of the class claims subject to Court approval. The parties are finalizing the settlement, which will include the filing of papers with the Court seeking preliminary approval and requesting notice of the terms of the settlement be mailed to the settlement 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 or email her. Change of addess and/or telephone Nevada Cancer InstituteOn April 19, 2011, Outten & Golden filed suit against Nevada Cancer Institute to recover 60 days wages and benefits for former employees of Nevada Cancer Institute under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Nevada Cancer Institute ordered mass layoffs on or about April 8, 2011 without providing the employees with advance written notice. The case is pending in the U.S. District Court for the District of Nevada. The parties are currently engaged in discovery which is scheduled to close on December 12, 2011. On August 26, 2011, we requested that the Court certify the case as a Class Action. If the Court grants class certification, notice of the suit will be mailed to the members of the WARN 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 or email her. 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 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. On December 2, 2009, Pace was placed in involuntary bankruptcy. On July 31, 2010, Outten & Golden filed suit in the U.S. Bankruptcy Court for the Middle District of North Carolina. At present there are limited assets in the estate to pay employee WARN claims. The parties have agreed to stay litigation pending a determination of the estate's assets. The case is scheduled for a status conference on September 28, 2011. 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 or email her. Change of addess and/or telephone Ross Network Inc/Print InternationalOn October 6, 2010, Outten & Golden filed suit against Ross Network Inc., d/b/a Print International seeking to recover 60 days wages and benefits for former employees of Ross Network under the Worker Adjustment and Retraining Notification Act and the NY WARN Act. We contend Ross Network ordered mass layoffs on or about August 13, 2010 without providing the employees with advance written notice. The parties have agreed to stay litigation pending a determination of whether there will be sufficient assets in the estate to satisfy the employees’ WARN claims. The case is scheduled for a status conference on January 19, 2012. Generally, the NY WARN Act requires companies to provide their employees with 90 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 or email her. Change of addess and/or telephone Solyndra LLCOn September 2, 2011, Outten & Golden filed suit against Solyndra, LLC seeking to recover 60 days wages and benefits for approximately 1,100 former employees of Solyndra under the federal Worker Adjustment and Retraining Notification Act (the WARN Act) and the California Labor Code (the "WARN Acts"). We contend Solyndra ordered mass layoffs on or about August 31, 2011 without providing the employees with advance written notice. The case is pending in the United States District Court for the Northern District of California. 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 or email her. 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 who were terminated in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). The case is pending in U.S. Bankruptcy Court Eastern District of New York. The Court converted the estate to chapter 7 on July 10, 2008 and a Trustee was appointed. The parties have agreed to stay litigation pending a determination of whether there will be assets in the estate to satisfy the employees' WARN claims. The case is scheduled for a status conference on September 21, 2011. 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 or email her. 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 against S&B Holdings and S&B Holdco are being litigated in the United States District Court for the Southern District of New York. The employees' claims against Bay Harbor and York are on appeal to the U.S. Court of Appeals for the Second Circuit. On November 16, 2010 the Bankruptcy Court converted the Steve & Barry's estate to chapter 7 and a Trustee was appointed. On July 27, 2011, the United States District Court of the Southern District of New York granted preliminary approval of a settlement with the chapter 7 trustee. Notice of Settlement was mailed to the class on August 19, 2011. Subject to final approval, scheduled for hearing on October 28, 2011, the class members will receive a distribution based on their pro rata share of the settlement. O&G continues to litigate the WARN claim against BHY S&B Intermediate Holdco LLC, and will pursue its appeal of the district court’s dismissal of Bay Harbour Management LC and York Capital Management once that decision becomes final. 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 or email her. 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. Counsel requested that the Court certify the case as a class action. The case is currently on appeal in the United States District Court for the Eastern District of Texas. 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 or email her. Change of addess and/or telephone Video Monitoring Services (VMS)On August 31, 2011, Outten & Golden filed suit against Video Monitoring Services of America (“VMS”) to recover 60 days wages and benefits for former employees of VMS under the federal Worker Adjustment and Retraining Notification (“WARN”) Act and the NY WARN Act. We contend VMS ordered mass layoffs on or about August 26, 2011 without providing the employees with advance written notice. The case is pending in the U.S. District Court for the Southern District of New York. The complaint focuses on the layoffs at New York, New York, Prescott, Maine, and Louisville, Kentucky. 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 or email her. 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 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. The Court granted counsel's request to certify the case as a class action and notice was mailed to the members of the class on June 4, 2010. The parties are engaged in discovery, which is scheduled to close on September 23, 2011, while 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 or email her. Change of addess and/or telephone Alliance BancorpOn March 1, 2011, the Court approved a class settlement of $1 million dollars to the former employees of Alliance Bancorp. 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 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 the California Labor Code § 1400. 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. The settlement funds were distributed to the class in April 2011. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her. 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 the former 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). A distribution to the WARN Class has not yet been made. The Trustee continues to work to resolve claims and pending litigation which will impact the timing of distributions to AHM creditors, including the WARN Class. The Debtor is currently projecting full payment to the WARN Class by June 2012. If that estimate changes we will update you here. Once settlement checks are mailed, Class Members will have six months from the date of issuance to deposit or negotiate their checks or risk reversion of the funds to the AHM Estate. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or or email her. 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 was filed in the United States Bankruptcy Court for the Northern District of Alabama. 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. The case has been settled and a distribution by the Trustee to the WARN class is expected to occur this year. The Trustee is working to resolve certain tax claims and a dispute over proceeds from an asset sale before making the distribution to the WARN class. We will update the website once we have confirmed the date of distribution. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or or email her. Change of addess and/or telephone Continental AFA Dispensing Co.On August 13, 2009, the court approved a final settlement valued at $1.5 million dollars for the former 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 property and from proceeds recovered from litigation by the Trustee. The estate has sold all but one major piece of property and has not yet wrapped up its litigation of preference claims. We will update the Class on the expected timing of a distribution. However, we do not expect the Trustee will be in a position to make a distribution to the class prior to March 2011. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or or email her. 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 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). On December 21, 2011, the Court held a Final Fairness Hearing and approved the final settlement. We expect to be able to send settlement checks to the class members in February, 2012. 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. 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 or email her. Change of addess and/or telephone EOS AirlinesOn September 25, 2008, the court approved a final settlement valued at $1.7 million dollars for the former 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 August 2009 and a second distribution was made July 2010. A final distribution is expected by December 2011, which will coincide with the closing of the Estate. Currently the Liquidating Trustee is working to resolve the last dozen or so suits filed on behalf of the Estate. Favorable outcomes in these remaining suits will benefit EOS creditors, including the WARN class. Class Counsel expects to receive an update from the Trustee in July 2011, as to the progress of the Estate and an estimated date for final distribution to the WARN Class. Please check back then. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or or email her. Change of addess and/or telephone First MagnusOn December 17, 2009, the court approved a final WARN settlement for the former employees of First Magnus Financial Corporation. The second and FINAL settlement checks were mailed to members of the WARN Class on June 9, 2011. This final distribution is the result of recoveries by the FMFC Litigation Trustee from his litigation against the Insiders. The net recovery to the WARN class is approximately $1.125 Million (from which attorneys’ fees, costs, and taxes was deducted). Class members will again have six months from the date of issuance of the settlement checks to deposit or negotiate them before the funds revert to the FMFC Estate to pay other creditor claims. In August 2007, 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 actively litigated 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
The initial settlement distribution, of $2.6 million, was mailed to the class on January 20, 2010. Class members had six months from the date of issuance of the settlement checks to deposit or negotiate their checks before the funds reverted to the estate to pay other creditor claims. We also understand that the FMFC Liquidation Trustee will be making a further distribution to the employees on their outstanding wage claims as a result of recoveries from the insiders litigation. We do not know the amount or have information regarding any future distributions. Our office is not representing the employees in their claims for wages (only WARN). To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or or email her. Change of addess and/or telephone First NLCOn July 17, 2009, the Court approved a final settlement valued at $400,000 for the former 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. Settlement checks were mailed to the members of the Class on November 13, 2009. The Trustee’s office mailed the W-2s to the Class Members on January 29, 2010. 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. 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 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 or email her. Change of addess and/or telephone Kitty HawkOn June 2009, the Court approved a final settlement at $1.4 million dollars for the former 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 was distributed to the class in two installments. The first settlement payment was distributed by the Liquidating Trustee in June 2009. The second and final WARN payment to the Class was distributed August 2, 2010. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or or email her. Change of addess and/or telephone Quaker Fabric CorporationOn September 2008, the Court approved a final settlement valued at $1.0 million dollars for the former 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. An initial distribution of the settlement was mailed to the class in December 2008, and a second distribution was made on June 11, 2010. A third and final distribution is expected by March 2011. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or or email her. Change of addess and/or telephone QimondaOn February 20, 2009, Outten & Golden filed suit against Qimonda North America Corp. ("QNA"), and Qimonda Richmond, LLC ("QR"), seeking to recover 60 days wages and benefits under the Worker Adjustment and Retraining Notification Act (the 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. On August 10, 2011, the Court held a Final Fairness Hearing and approved the final settlement. The settlement will be distributed to the class in installments. An initial distribution of approximately $8.5 million dollars, less attorneys’ fees and expenses, is expected to be mailed to the Class by the settlement administrator by October 17, 2011. Additional distributions, up to $27 million, will be made to the Class as assets are recovered and available to pay general unsecured creditors in the QNA and QR Estates. We will update the website once we receive additional date(s) for further distributions, but do not expect a second distribution to be made prior to December 2012. 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 QNA 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 or email her. 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. The Court certified our WARN suit as a class action and appointed Outten & Golden WARN Class Counsel. On December 2, 2011, Judge Funk granted final approval of the WARN class action settlement. The Final Order, however, cannot be formally issued and entered until on or about January 7, 2012, based on federal law. Once the Order has been entered, we expect to be able to send settlement checks to class members by the end of January, 2012. 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 or email her. Change of addess and/or telephone For links to other legal resources, click on www.outtengolden.com/resources/links
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