Opinion
EP-99-CA-260-DB.
April 21, 2000.
ORDER
On this day, the Court considered Plaintiffs' "Motion for Leave to File Third Amended Complaint" and "Motion to Certify Employees Laid Off in November 1998 as a Subclass of Affected Employees in Plaintiffs' Class," both filed in the above-captioned cause on March 17, 2000. Defendant filed an Opposition to both motions on April 7, 2000. Plaintiffs thereafter filed a Reply to Defendant's Opposition on April 17, 2000.
Previously, by Memorandum Opinion and Order entered February 1, 2000, the Court certified a class in this Worker Adjustment and Retraining Notification Act case, composed of employees allegedly laid off in February 1999. At that time, Plaintiffs sought to include as part of the class, employees then on temporary layoff since November 1998 (the "November 1998 employees"). Although the Court declined to include those employees in the class, the Court suggested that Plaintiffs thereafter move for certification of the November 1998 employees as a sub-class. Through the instant motions, Plaintiffs seek to do just that.
With respect to the November 1998 employees, the Court finds that all of the requirements of Federal Rule of Civil Procedure 23 are met. Namely, the prerequisites of Rule 23(a) — numerosity, commonality, typicality and adequacy of representation — are satisfied, questions of law or fact common to the class predominate, and a class action is superior to other available methods of adjudicating the controversy. See FED. R. CIV. P. 23(a)-(b)(3). Accordingly, after due consideration, the Court is of the opinion that the following Orders should enter:
IT IS HEREBY ORDERED that Plaintiffs' "Motion for Leave to File Third Amended Complaint" is GRANTED.
IT IS FURTHER ORDERED that Plaintiffs' "Motion to Certify Employees Laid Off in November 1998 as a Subclass of Affected Employees in Plaintiffs' Class," is GRANTED and the following sub-class is certified:
All employees who worked for American Garment Finishers Corporation in El Paso, Texas, who were temporarily laid off in November 1998 and suffered an employment loss because of the February 27, 1999, plant closing or mass layoff and did not receive sixty (60) days advance written notice of such plant closing or mass layoff.