GUIPPONE v. BH S & B HOLDINGS LLC

Docket No. 12-183-cv.

737 F.3d 221 (2013)

Michael GUIPPONE, Individually and on Behalf of all Others Similarly Situated, Plaintiff-Appellant, v. BH S & B HOLDINGS LLC, BHY S & B HoldCo, LLC, Bay Harbour Management LC, Bay Harbour Master Ltd, BH S & B Inc., York Capital Management, L.P. and YSOF S & B Investor, LLC, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 10, 2013.


Attorney(s) appearing for the Case

Jack A. Raisner , Outten & Golden, LLP ( Rene S. Roupinian , on the brief), New York, N.Y., for Appellant Michael Guippone.

Owen Cyrulnik , Grais & Ellsworth LLP, New York, N.Y., for Defendant-Appellee BHY SBHoldCo LLC.

Justin S. Antonipillai , Arnold & Porter, LLP ( Robert A. Stolworthy, Jr. , on the brief), Washington D.C., for Defendants-Appellees YSOF S & B Investor LLC and York Capital Management, L.P.

Before: KEARSE, STRAUB, and POOLER, Circuit Judges.


POOLER, Circuit Judge:

Michael Guippone, individually and on behalf of all others similarly situated, appeals from decisions and orders of the United States District Court for the Southern District of New York (McMahon, J.) dismissing his putative class action claim brought against defendants for alleged violations of the Worker Adjustment Retraining and Notification Act ("WARN"). We vacate the district court's grant...

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