Burgio v. Protected Vehicles, Inc. (In Re Protected Vehicles, Inc.)

ORDER DENYING MOTION TO DISMISS

DAVID R. DUNCAN, Bankruptcy Judge.

THIS MATTER is before the Court on Protected Vehicles, Inc.’s (“Debtor” or “Defendant”) Motion to Dismiss Adversary Proceeding (“Motion”). A hearing was held in this matter on June 5, 2008. Both Debtor and Marcus Burgio (“Plaintiff”) appeared by and through counsel. The complaint alleges Debtor violated the Worker Adjustment and Retraining Notification Act (“WARN Act”), 29 U.S.C. § 2101 et. seq., and seeks certification of a class of similarly situated individuals, the determination of unpaid wages and benefits covered by the…