UPDATE 5/7/10

On October 15, 2008, Outten & Golden filed suit against Archway Cookies LLC, Mother's Cake & Cookie Co., Archway & Mother's Cookie Co., Inc., and Dough Co., seeking to recover 60 days wages and benefits for former employees of Archway Cookies under the Worker Adjustment and Retraining Notification Act (the WARN Act) and California Labor Code 1400. On or about October 6, 2008, we contend, Archway Cookies terminated the employment of employees as part of a mass layoff or a plant closing as defined by 29 U.S.C. § 2101(a)(2),(3). The case is pending in the United States Bankruptcy Court for the District of Delaware.

The Trustee has consented to class certification and notice of the class action will be mailed to the putative class members within the next month. The parties are engaged in discovery on the issue of Archway's liability.

On August 6, 2009, Outten & Golden filed suit against Catterton Partners V, L.P., Catterton Partners V Offshore, L.P., Catterton Coinvest I, LLC and Insight Holdings in United States District Court for the District of Connecticut under the WARN Act seeking to recover 60 days wages and benefits for former employees of Archway Cookies.

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. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her.

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