Gunderson

I. BACKGROUND

9 Defendant operated a facility at 545 Oakmead Parkway, Sunnyvale, CA (the “Facility”) until the Facility was closed on or about October 21, 2019. Answer ¶ 5, ECF 48. Defendant employed Plaintiffs and members of the proposed Class (as defined infra, Section III) at that 13 Facility until it closed. Id. Plaintiffs claim Defendant unlawfully terminated them (and the 14 proposed Class) because these terminations occurred without cause or the 60 days’ advance 15 written notice required by the WARN Acts. See Compl. 1, ECF 1. Plaintiffs argue this proposed 16 Class contains between 240 and 300 of the Defendant’s former employees. Mot. 6, Decl. of Scott 17 Gunderson ¶ 4, ECF 55-2. On December 6, 2019, Plaintiffs filed the above titled action against the Defendant alleging violations of the WARN Acts. See Compl. The Federal WARN Act prohibits an 21 “employer [from ordering] a plant closing or mass layoff until the end of a 60-day period after the 22 employer serves written notice of such an order . . . to each affected employee . . ..” 29 U.S.C. § 23 2102. The California WARN Act similarly prohibits “[a]n employer [from ordering] a…