Case 20-10080-BLS
Doc 5
Filed 01/16/20
Page 10 of 15
counsel who have had extensive experience in matters involving employee rights, the WARN Act,
class action litigation and bankruptcy court litigation.
37.
The Class is so numerous as to render joinder of all members impracticable as there
are approximately 1100 persons who are included in the Class.
38. The Class meets the requirements of Fed. R. Civ. P. 23(a) for class certification.
39. The Class meets the requirements of Fed. R. Civ. P. 23(b)(3) because the questions of
law or fact common to the members of the Class predominate over any questions affecting only
individual members, and that a class action is superior to other available methods for the fair and
efficient adjudication of the controversy.
40.
No Class member has an interest in individually controlling the prosecution of a
separate action under the WARN Act.
41.
No litigation concerning the WARN Act rights of any Class member has been
commenced in this Court.
42.
Concentrating all the potential litigation concerning the WARN Act rights of the
Class members in this Court will avoid a multiplicity of suits, will conserve judicial resources and
the resources of the parties and is the most efficient means of resolving the WARN Act rights of all
the Class members.
43.
On information and belief, the identities of the Class members are contained in the
books and records of Defendants.
44.
On information and belief, a recent residence address of each of the Class members is
contained in the books and records of Defendants.
45.
On information and belief, the rate of pay and benefits that were being paid by
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