Manning v. DHP Holdings II Corp. (In Re DHP Holdings II Corp.)

MEMORANDUM OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

The issue presented by the summary judgment motion before the Court is whether the defendant, H.I.G. Capital, LLC (“HIG”), is liable for the Debtors’ alleged violations of the WARN Act 2 because HIG and the Debtors constituted a “single employer.” Although HIG and the Debtors had common ownership, directors, and officers, the Court finds that the Debtors and HIG were not a “single employer” because HIG did not exercise de facto control over the Debtors’ termination of employees and did not share personnel policies or operations with the…