Signature Room

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.
1
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).
2
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).
3
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.
4
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

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

IN THE UNITED STATES DISTRICT COURT

UNITE HERE LOCAL 1, on behalf of its )

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.

Act”), 29 U.S.C. § 2101 et seq.

JURISDICTION AND VENUE

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.

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

meaning of 29 U.S.C. § 2101(a)(4).

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

overtime, within the United States.

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

Michigan Ave, Chicago, IL 60611.

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).

the State dislocated worker unit and the Mayor of Chicago.

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

set forth herein.

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

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

closings or mass layoffs ordered by Defendant.

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

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

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

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).

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);

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

/s/ Margaret A. Angelucci

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