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IN RE DHP HOLDINGS II CORP.

Bankruptcy No. 08-13422 (MFW). Adversary No. 09-50023 (MFW).

447 B.R. 418 (2010)

In re DHP HOLDINGS II CORP., et al., Debtors. John Manning and Tony Quesenberry, on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. DHP Holdings II Corp. a/k/a, Desa (Cayman) Holding, LLC, Desa (Cayman) II Holding, LLC, Desa, LLC, Desa Heating, LLC, Desa Specialty, LLC, Desa FMI, LLC, Desa IP, LLC, Desa, LLC, and HIG Capital, LLC, Defendants.

United States Bankruptcy Court, D. Delaware.

April 24, 2010.

Attorney(s) appearing for the Case

Dennis A. Meloro, Esquire , Greenberg Traurig , Wilmington, DE, Joseph P. Davis III, Esquire , Jeffrey M. Burns, Esquire , Boston, MA, for H.I.G. Capital, LLC.

James E. Huggett, Esquire , Margolis Edelstein , Wilmington, DE, Stuart J. Miller, Esquire , Lankenau & Miller, LLP, New York, NY, Mary E. Olsen, Esquire , M. Vance McCrary, Esquire , The Gardner Firm, P.C., Mobile, AL, for Plaintiffs.

MEMORANDUM OPINION1

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 Act2 because HIG and the Debtors constituted a "single employer." Although HIG and the Debtors had common ownership...

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