Case 20-10080-BLS
Doc 5
Filed 01/16/20
Page 13 of 15
WHEREFORE, Plaintiffs on their own behalf and on behalf of each of the other Class
members demand judgment, jointly and severally, against Defendant as follows:
A.
An allowed priority claim pursuant to 11 U.S.C. § 507(a)(4) and (5) up to
$13,650 against Defendants in favor of the Plaintiffs and Class members equal to the sum of: (a)
unpaid wages, salary, commissions, bonuses, accrued holiday pay, accrued vacation pay, pension and
401(k) contributions and other ERISA benefits, for a maximum of 60 days, that would have been
covered and paid under the then applicable employee benefit plans had that coverage continued for
that period, all determined in accordance with the WARN Act, 29 U.S.C. §2104(a)(1)(A), with any
remainder as a general unsecured claim;
B.
A judgment against Defendants in favor of the Plaintiffs and the other Class
members for the sum of: (a) unpaid wages, salary, commissions, bonuses, accrued holiday pay,
accrued vacation pay, pension and 401(k) contributions and other ERISA benefits, for a maximum
of 60 days, that would have been covered and paid under the then applicable employee benefit
plans had that coverage continued for that period, all determined in accordance with the WARN
Act, 29 U.S.C. §2104(a)(1)(A);
C.
Certification that the Plaintiffs and the other Class members constitute a
single class;
D. Appointment of the undersigned attorneys as Class Counsel;
E. Appointment of Plaintiffs as the Class Representatives and payment of
reasonable compensation to them for their services as such;
F.
An allowed administrative priority claim against Defendants under 11 U.S.C.
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