Legal Opinion

Cruz v. HMR Foods Holding, LP (In re HMR Foods Holding, LP)

United States Bankruptcy Court, D. Delaware

Decided June 13, 2019No. Case No. 16-11540 (KJC) (Jointly Administered); Adv. Pro. No. 16-51021 (KJC)PublishedCited by 3 opinions

1Opinion of the Court

BY: KEVIN J. CAREY, UNITED STATES BANKRUPTCY JUDGE

*861Defendants Arlon Group, LLC ("Arlon") and Arlon Food and Agriculture Partners, LP ("AFAP")3 move to dismiss4 the claims asserted against them in the Second Amended Class Action Adversary Proceeding Complaint5 filed by Gonzalo Cruz and other similarly situated employees (the "Plaintiffs"). The Plaintiffs allege that HMR and the Arlon Defendants closed HMR's facilities without prior notice to employees in violation of the Worker Adjustment and Retraining Notification Act ("WARN Act") and the California WARN Act.6 The Arlon Defendants assert that…

2Cases cited22 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Santiago v. Warminster TownshipCourt of Appeals for the Third Circuit · 2010
  4. Burtch v. Milberg Factors, Inc.Court of Appeals for the Third Circuit · 2011
  5. United States v. BestfoodsSupreme Court of the United States · 1998

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3Cited by3 opinions

  1. Arrington v. H.I.G. Capital Management LLCUnited States Bankruptcy Court, D. Delaware · 2025
  2. Munro v. Ten Oaks Management, LLCDistrict Court, D. Delaware · 2025
  3. Neal v. United Furniture Industries, Inc.United States Bankruptcy Court, N.D. Mississippi · 2025

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