Case: 1:23-cv-14371 Document #: 1 Filed: 10/02/23 Page 1 of 5 PageID #:1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITE HERE LOCAL 1, on behalf of its )

members, )
)
Plaintiff, )
)
v. )
) Case No. 2023 CV 14371
INFUSION MANAGEMENT GROUP, INC., )
d/b/a THE SIGNATURE ROOM AT THE )
95TH and THE SIGNATURE LOUNGE AT )
THE 96TH, )
)
Defendant. )

COMPLAINT

Plaintiff, UNITE HERE LOCAL 1, on behalf of its members, hereby complains of

Defendant, INFUSION MANAGEMENT GROUP, INC., d/b/a THE SIGNATURE ROOM AT

THE 95TH and THE SIGNATURE LOUNGE AT THE 96TH, as follows.

NATURE OF ACTION

1. Plaintiff brings this action on behalf of all of the bargaining unit members it

represents who were employees of Defendant and who were terminated without cause as part of,

or as the result of, mass layoffs or plant closings ordered by Defendant beginning on or about

September 28, 2023, who were not provided 60 days advance written notice of their terminations

by Defendants, as required by the Worker Adjustment and Retraining Notification Act (“WARN

Act”), 29 U.S.C. § 2101 et seq.

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JURISDICTION AND VENUE

2. This Complaint asserts a claim for back pay, benefits, and other relief under the

WARN Act, 29 U.S.C. § 2104. This Court has jurisdiction pursuant to 29 U.S.C. § 2104(a)(5) and

28 U.S.C. § 1331.

3. Venue is proper in this Court pursuant to 29 U.S.C. § 2104(a)(5) because the

WARN Act violations occurred within this District.

PARTIES

4. Plaintiff UNITE HERE LOCAL 1 (“Local 1”) is a labor organization representing

more than 15,000 hospitality workers in Chicago and Northwest Indiana, including hotel, airport,

restaurants, school cafeteria, stadium, convention center, and casino employees. Local 1 is an

unincorporated association which exists for the purpose of representing its members in collective

bargaining with employers in industries affecting commerce and is a “representative” within the

meaning of 29 U.S.C. § 2101(a)(4).

5. Local 1 brings this action on behalf of all of its bargaining unit members who were

formerly employed at The Signature Room at the 95th and The Signature Lounge at the 96th, both

of which were operated by Defendant and located at 875 N. Michigan Ave, Chicago, IL 60611.

The Union has associational standing to represent its individual members’ interest, pursuant to

United Food and Commercial Workers Local 571 v. Brown Group Inc., 517 U.S. 544 (1996).

6. Defendant INFUSION MANAGEMENT GROUP, INC., d/b/a THE SIGNATURE

ROOM AT THE 95TH and THE SIGNATURE LOUNGE AT THE 96TH (“Defendant”), is an

Illinois corporation and was at all relevant times herein an “employer” as defined by 29 U.S.C. §

2101(a)(1).

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7. At all relevant times prior to September 28, 2023, Defendant employed more than

100 employees excluding part-time employees, or alternatively, employed more than 100

employees who in the aggregate worked at least 4,000 hours per week, exclusive of hours of

overtime, within the United States.

8. Employees of Defendant and members of the bargaining unit represented by Local

1 were employed by the Defendant at all relevant times and were “affected employees” within the

meaning of 29 U.S. C. § 2101(a)(5), and suffered an “employment loss” within the meaning of 29

U.S.C. § 2101(a)(6).

FACTS

9. Prior to September 28, 2023, Defendant operated a restaurant, The Signature Room

at the 95th, and a lounge, The Signature Lounge at the 96th, both of which were located at 875 N.

Michigan Ave, Chicago, IL 60611.

10. On September 28, 2023, at approximately 6:00 am, Defendant sent an email to all

of its employees at The Signature Room at the 95th and The Signature Lounge at the 96th,

notifying them that Defendant was permanently closing both of these facilities effective that very

same day.

11. As a result of this permanent shutdown, all 132 bargaining unit employees of

Defendant represented by Local 1 were involuntarily laid off effective September 28, 2023, which

constituted a “plant closing” within the meaning of 29 U.S.C. § 2101(a)(2), or alternatively, a

“mass layoff” within the meaning of 29 U.S.C. § 2101(a)(3).

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12. Defendant failed to provide any written notice of plant closing or mass layoff to the

affected employees or to Local 1, and Defendant closed The Signature Room at the 95th and The

Signature Lounge at the 96th prior to the end of a 60-day notice period.

13. Defendant failed to provide any written notice of a plant closing or mass lay-off to

the State dislocated worker unit and the Mayor of Chicago.

COUNT ONE – WARN ACT, 29 U.S.C. § 2102

14. Plaintiff realleges and restates Paragraph 1 through 13 of the Complaint as if fully

set forth herein.

15. On September 28, 2023, Defendant ordered plant closings within the meaning of

29 U.S.C. § 2101(a)(2), and/or mass layoffs within the meaning of 29 U.S.C. § 2101(a)(3), by

permanently closing its facilities at The Signature Room at the 95th and The Signature Lounge at

the 96th.

16. The plant closings or mass layoffs resulted in “employment losses” within the

meaning of 29 U.S.C. § 2101(a)(6) for approximately 100 percent of Defendant’s workforce at

these facilities, including all 132 bargaining unit employees represented by Local 1.

17. Defendant’s former employees represented by Local 1 were terminated by

Defendant without cause, as part of or as the reasonably foreseeable consequence of the plant

closings or mass layoffs ordered by Defendant.

18. In violation of 29 U.S.C. § 2102(a)(1), Defendant failed to provide any written

notice of plant closing or mass layoff to the affected employees or their representative and further

violated 29 U.S.C. § 2102(a)(1) by closing The Signature Room at the 95th and The Signature

Lounge at the 96th prior to the end of a 60-day notice period.

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19. In violation of 29 U.S.C. § 2102(a)(2), Defendant failed to provide any written

notice of a plant closing or mass lay-off to the State dislocated worker unit and the Mayor of

Chicago.

20. Each of Defendant’s former employees represented by Local 1 are “aggrieved

employees” of the Defendants as that term is defined in 29 U.S.C. § 2104(a)(7).

21. Defendant failed to pay their former employees represented by Local 1 their

respective wages, salary, commissions, bonuses, health and life insurance premiums, accrued

holiday pay and accrued vacation for 60 days following their respective terminations, and failed

to provide employee benefits including health insurance and pension benefits, for 60 days from

and after the dates of their respective terminations.

WHEREFORE, Plaintiff prays that judgment be entered against Defendant as follows:

A. Declaring that Defendant has violated 29 U.S.C. §§ 2102(a)(1) and (2);

B. Awarding against Defendant the backpay and benefits, and prejudgment interest

accrued thereon, found to be due to Plaintiff’s members under 29 U.S.C. § 2104(a);

C. Awarding in favor of Plaintiffs and against Defendant reasonable attorneys' fees

and costs pursuant to 29 U.S.C. § 2104(a)(6); and

D. Directing such other and further relief as the Court deems just and proper.

Respectfully submitted,

/s/ Margaret A. Angelucci

Margaret Angelucci
Matt Pierce
Asher, Gittler, & D’Alba, Ltd.
200 W. Jackson Blvd., Suite 720
Chicago, IL 60606
312/263-1500 (phone)
maa@ulaw.com
mjp@ulaw.com
Attorneys for Plaintiffs