UPDATE 08/31/11
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 U. S. Bankruptcy Court for the District of Delaware.
The Trustee consented to class certification and notice of the class action was mailed to the putative class members in June 2010. 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.
The parties to the Delaware and Connecticut actions are currently engaged in settlement discussions. If a settlement is reached, the parties will request that the Delaware Court grant preliminary approval of the settlement. Notice would then be mailed to the members of the class setting forth the terms of the proposed settlement and the date for a final hearing to approve the settlement.
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 Rene Roupinian or email her.
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OUTTEN & GOLDEN LLP
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