Case 20-10080-BLS
1.
Doc 5
Filed 01/16/20
Page 2 of 15
This Court has jurisdiction over this adversary proceeding pursuant to 28
U.S.C. §§ 157, 1331, 1334 and 1367.
2.
This is a core proceeding pursuant to 28 U.S.C. §§ 157(b)(2)(A), (B) and (O).
NATURE OF THE ACTION
3.
This is a class action for the recovery by Plaintiffs and other Similarly Situated
Employees of the Defendants, as a single employer, of damages in the amount of 60 days’ pay and
ERISA benefits by reason of Defendants’ violation of the Plaintiffs’ rights under the Worker
Adjustment and Retraining Notification Act of 1988 29 U.S.C. §§ 2101-2109 et. seq. (the “WARN
Act”). Although the Plaintiffs and the Other Similarly Situated Employees were nominally
employed by Defendants, USM Acquisition, LLC (“USM”) and Top Master Acquisition, LLC,
(“TMA"), Premier Surfaces Acquisition, LLC, (“Premier”) Granite Source Acquisition, LLC,
(“Granite”) and Solid Surfaces, Inc., (“Solid”), pursuant to the WARN Act’s single employer rule,
Clio Intermediate, LLC (“Clio Intermediate”) and Clio Holdings, LLC (“Clio Holdings”) were also
the Plaintiffs’ and the Other Similarly Situated Employees “Employer” until they were terminated as
part of, or as a result of a mass layoff and/or plant closing ordered by Defendants on or about January
3, 2020 and thereafter. The Defendants violated the WARN Act by failing to give the Plaintiffs and
the Other Similarly Situated Employees of the Defendants at least 60 days’ advance written notice of
termination, as required by the WARN Act. As a consequence, the Plaintiffs and the Other Similarly
Situated Employees of the Defendants are entitled under the WARN Act to recover from the
Defendants their wages and ERISA benefits for 60 days, none of which has been paid.
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