On December 2, 2008, Outten & Golden filed suit against Continental Promotion Group Inc. ("CPG") in the U.S. Bankruptcy Court for the Middle District of Florida, 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 CPG ordered mass layoffs on or about November 19, 2008, without providing the employees with advance written notice. 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 cause 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.
In August 2013, the Court held a Final Fairness Hearing and approved an allowed administrative claim to the class in the amount of $575,000. Given the chapter 7 estate's limited funds, the ultimate recovery to the Class is $140,116.46.
On March 24, 2016, settlement checks (net of attorneys' fees, litigation expenses, and a service payment to the class representative), were mailed to the eligible members of the WARN Class. Class members have ninety (90) days from the date of issuance of their settlement check to deposit or negotiate it.
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(*Prior results do not guarantee a similar outcome.)