just got this the other day.
Dear Class Members:
We write to update you on the status of our case in the Delaware bankruptcy court against the Jevic Debtors and Sun Capital Partners, Inc. for violation of the federal and New Jersey WARN Acts.
As you may know, the case has progressed on a slower than anticipated pace because of the limited assets in the bankruptcy estate. We used the time to gather documents from Sun and third parties, and press the Debtors for information related to the scope of the class and the employees’ WARN damages. We also encouraged a meeting of all interested parties in order to explore a global resolution of the significant claims in the bankruptcy, including the WARN class claim.
On July 9th, a meeting was held in Delaware with all parties (Debtor, Sun, Committee counsel and WARN class counsel). The purpose of the meeting was to discuss the WARN suit and other pending litigation affecting the administration and wind down of the bankruptcy estate. The meeting was quite productive.
However, one issue that needs to be resolved before the parties can continue to explore the possibility of settlement, is the affect of the New Jersey state suit on our Delaware certified class action. As you may know, a New Jersey law firm filed a suit in New Jersey state court against only Sun Capital purporting to represent approximately 140 former NJ employees in a claim limited to damages under the New Jersey WARN Act. That case is in the initial stages of litigation. We believe the New Jersey suit is duplicative of the Delaware class action which covers the NJ and federal WARN claims of the NJ class members against both Sun and Jevic.
In the coming weeks we will attempt to resolve this issue in order to pave the way toward a favorable resolution of the class suit. While it is still too soon to predict when or if that will occur, the parties are working diligently.
Thank you for your continued cooperation and patience.
Very truly yours,
Jack A. Raisner and René S. Roupinian
P.S. Please remember to update us whenever you have a change of address by visiting our website at
www.warnlawyers.com