13.  Plaintiff brings this claim for relief for violation of 29 U.S.C. § 2101 et seq., on  behalf of himself and on behalf of all other similarly situated former employees, pursuant to 29  U.S.C. § 2104(a)(5) and Fed. R. Civ P. 23(a), who worked at or reported to Defendant’s Site and  were terminated without cause on or about December 14, 2015, and within 30 days of that date,  or were terminated without cause as the reasonably foreseeable consequence of the mass layoffs  and/or plant closings ordered by Defendant on or about December 14, 2015, and who are  affected employees, within the meaning of 29 U.S.C. § 2101(a)(5) (the “Class”).     14.  The persons in the Class identified above (“Class Members”) are so numerous  that joinder of all members is impracticable.  Although the precise number of such persons is  unknown, the facts on which the calculation of that number can be based are presently within the  sole control of Defendant.     15.  Upon information and belief, Defendant employed approximately 200 employees  at the Site.   Case: 5:15-cv-00377-JMH-REW   Doc #: 1   Filed: 12/18/15   Page: 3 of 8 - Page ID#: 3 4   16.  On information and belief, the identity of the members of the class and the recent  residence address of each of the Class Members is contained in the books and records of  Defendant.   17.  On information and belief, the rate of pay and benefits that were being paid by  Defendant to each Class Member at the time of his/her termination is contained in the books and  records of the Defendant.   18.  Common questions of law and fact exist as to each of the Class Members,  including, but not limited to, the following:  (a)  whether the  Class Members were employees of Defendant who worked at  or reported to Defendant’s Site;  (b)  whether Defendant terminated the employment of the Class Members  without cause on their part and without giving them 60 days advance written notice in violation  of the WARN Act; and   (c)  whether Defendant unlawfully failed to pay the Class Members 60 days  wages and benefits as required by the WARN Act.    19.  Plaintiff’s claims are typical of those of the Class.  Plaintiff, like other Class  Members, worked at or reported to Defendant’s Site and was terminated without cause on or  about December 14, 2015, due to the mass layoffs and/or plant closings ordered by Defendant.   20.  Plaintiff will fairly and adequately protect the interests of the Class.  Plaintiff has  retained counsel competent and experienced in complex class actions, including the WARN Act  and employment litigation.  Case: 5:15-cv-00377-JMH-REW   Doc #: 1   Filed: 12/18/15   Page: 4 of 8 - Page ID#: 4 5   21.  On or about December 14, 2015, Defendant terminated Plaintiff’s employment as  part of a mass layoff or a plant closing as defined by 29 U.S.C. § 2101(a)(2), (3), for which he  was entitled to receive 60 days advance written notice under the WARN Act.   22.  Class certification of these claims is appropriate under Fed. R. Civ. P. 23(b)(3)  because questions of law and fact common to the Class predominate over any questions affecting  only individual members of the Class, and because a class action is superior to other available  methods for the fair and efficient adjudication of this litigation – particularly in the context of  WARN Act litigation, where individual plaintiffs may lack the financial resources to vigorously  prosecute a lawsuit in federal court against corporate defendants, and damages suffered by  individual Class Members are small compared to the expense and burden of individual  prosecution of this litigation.     23.  Concentrating all the potential litigation concerning the WARN Act rights of the  members of the Class in this Court will obviate the need for unduly duplicative litigation that  might result in inconsistent judgments, will conserve the judicial resources and the resources of  the parties and is the most efficient means of resolving the WARN Act rights of all the members  of the Class.    24.  Plaintiff intends to send notice to all Class Members to the extent required by  Rule 23. 