Case 20-10080-BLS
Doc 5
Filed 01/16/20
Page 9 of 15
Situated Former Employees pursuant to Rules 7023(a) and (b)(3) of the Federal Rules of Bankruptcy
and Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure.
30.
The Plaintiffs and the Other Similarly Situated Former Employees constitute a class
within the meaning of Rules 7023(a) and (b)(3) of the Federal Rules of Bankruptcy and Rules 23(a)
and (b)(3) of the Federal Rules of Civil Procedure (The "Class").
31. Common questions of law and fact are applicable to all members of the Class.
32. The common questions of law and fact arise from and concern the following facts and
actions, among others, that Defendants committed or failed to commit as to all members of the Class:
all Class members enjoyed the protection of the WARN Act; all Class members were employees of
Defendants who, prior to the terminations, worked at or reported to the Facilities; Defendants as a
single employer terminated the employment of all the members of the Class without cause on their
part without giving them at least sixty (60) days' prior written notice as required by the WARN Act;
and Defendants failed to pay the Class members wages and to provide other employee benefits for
the sixty (60) day period following their respective terminations.
33.
The questions of law and fact common to the members of the Class, as above noted,
predominate over any questions affecting only individual members, and thus, this Class claim is
superior to other available methods for the fair and efficient adjudication of this controversy.
34.
The Plaintiffs’ claims are typical of the claims of other members of the Class in that
for each of the several acts described above.
35. The Plaintiffs will fairly and adequately protect and represent the interests of the
36. The Plaintiffs have the time and resources to prosecute this action and has retained
Class.
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