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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

FELICE MARTIN, on behalf of herself and allothers similarly situated,

Plaintiff,

v.

ZIRTUAL INC.,

Defendant.

CASE NO.

CLASS ACTION COMPLAINT FOR

VIOLATION OF WARN ACT, 29 U.S.C. 2101, ET SEQ.

Plaintiff Felice Martin (Plaintiff) alleges on behalf of herself and a class of similarly

situated former employees of Zirtual Inc. (Zirtual or the Defendant), by and through her

counsel as follows:

NATURE OF THE ACTION

1. Plaintiff Felice Martin was an employee of Zirtual until her termination on or

about August 10, 2015.

2.

While Plaintiff did not receive any written notice of her termination, on August

10, 2015, other employees of Zirtual received e-mails sent to their personal e-mail accounts

stating that they were terminated effective August 7, 2015.

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3. Defendant terminated without notice the employment of approximately 400 or so

employees who either worked remotely and received assignments from and reported to its

facilities, or worked at or reported to its headquarters located at 150 N. Las Vegas Boulevard,

#2304, Las Vegas, Nevada 89101 (Las Vegas Office)and/or at its office at 370 Brannan Street

San Francisco, California 94107 (San Francisco Office).

4. The Plaintiff brings this action on behalf of herself, and other similarly situated

former employees who worked at, reported to, or received assignments from Defendants

Facilities and were terminated without cause, as part of, or as the foreseeable result of, plant

closings or mass layoffs ordered by Defendant and who were not provided 60 days advance

written notice of their terminations by Defendant, as required by the Worker Adjustment and

Retraining Notification Act (WARN Act), 29 U.S.C. 2101 et seq.

5. Plaintiff and all similarly situated employees seek to recover 60 days wages and

benefits, pursuant to the WARN Act, from Defendant.

JURISDICTION AND VENUE

6.

This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1331 and 29

U.S.C. 2104(a)(5).

7. This court has personal jurisdiction over Zirtual because it is incorporated in this

judicial district, and therefore, resides here.

8. Venue is proper in this District pursuant to 29 U.S.C. 2104(a)(5)and 28 U.S.C.

1391 because this is the judicial district in which Zirtual is incorporated.


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THE PARTIES

Plaintiff

9. Plaintiff Felice Martin was an employee of Zirtual, and worked as a Zirtual

Assistantfrom her home in Sherman Oaks, California until her termination on or about August

7, 2015. Upon information and belief, Ms. Martinsassignments ultimately originated from and

she ultimately reported to Zirtuals San Francisco Office or its Las Vegas Office.

Defendant

10. Defendant Zirtual, Inc. is a Delaware corporation with its principal place of

business located at 150 N. Las Vegas Boulevard, #2304, Las Vegas, NV 89101

11. Upon information and belief, at all relevant times, Defendant maintained and

operated its business from its Las Vegas Office facility and maintained and operated an

additional facility, its San Francisco Office. (The Las Vegas Office and San Francisco Office are

referred to as the Facilities.)

12. Upon information and belief, Defendant conducted or transacted business in this

district.

13. On or about August 7, 2015, Defendant terminated without notice the

employment of approximately 400 employees who worked at, reported to, or received

assignments from its Facilities.

WARN CLASS ALLEGATIONS, 29 U.S.C. 2104

14. Plaintiff brings the First Claim for Relief for violation of 29 U.S.C. 2101 et seq.,

on behalf of herself and on behalf of all other similarly situated former employees, pursuant to

29 U.S.C. 2104(a)(5) and Fed. R. Civ P. 23(a), who worked at, reported to, or received

assignments from one of Defendants Facilities and were terminated without cause on or about


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August 7, 2015, and within 30 days of that date, or were terminated without cause as the

reasonably foreseeable consequence of the mass layoffs and/or plant closings ordered by

Defendant on or about August 7, 2015, and who are affected employees, within the meaning of

29 U.S.C. 2101(a)(5) (the WARN Class).

15. The persons in the WARN Class identified above (WARN Class Members) are

so numerous that joinder of all members is impracticable. Although the precise number of such

persons is unknown, the facts on which the calculation of that number can be based are presently

within the sole control of Defendant.

16.

Upon information and belief, Defendant employed approximately 400 employees

nationwide, including more than fifty (50) full-time employees who worked at, reported to, or

received assignments from one of the Facilities who it terminated on or about August 7, 2015.

17. On information and belief, the identity of the members of the class and the recent

residence address of each of the WARN Class Members is contained in the books and records of

Defendant.

18.

On information and belief, the rate of pay and benefits that were being paid by

Defendant to each WARN Class Member at the time of his/her termination is contained in the

books and records of the Defendant.

19. Common questions of law and fact exist as to members of the WARN Class,

including, but not limited to, the following:

(a) whether the members of the WARN Class were employees of the

Defendant who worked at, reported to, or received assignments from Defendants Facilities;


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(b) whether Defendant unlawfully terminated the employment of the members

of the WARN Class without cause on their part and without giving them 60 days advance written

notice in violation of the WARN Act; and

(c) whether Defendant unlawfully failed to pay the WARN Class members 60

days wages and benefits as required by the WARN Act.

20. The Plaintiffs claims are typical of those of the WARN Class. The Plaintiff, like

other WARN Class members, worked at, reported to, or received assignments from one of

Defendants Facilities and was terminated without cause on or about August 7, 2015, due to the

mass layoffs and/or plant closings ordered by Defendant.

21. The Plaintiff will fairly and adequately protect the interests of the WARN Class.

The Plaintiff has retained counsel competent and experienced in complex class actions, including

the WARN Act and employment litigation.

22. On or about August 7, 2015, Defendant terminated the Plaintiffs employment as

part of a mass layoff or a plant closing as defined by 29 U.S.C. 2101(a)(2), (3), for which she

was entitled to receive 60 days advance written notice under the WARN Act.

23. Class certification of these claims is appropriate under Fed. R. Civ. P. 23(b)(3)

because questions of law and fact common to the WARN Class predominate over any questions

affecting only individual members of the WARN Class, and because a class action is superior to

other available methods for the fair and efficient adjudication of this litigation particularly

because this is a WARN Act litigation, where individual plaintiffs may lack the financial

resources to vigorously prosecute a lawsuit in federal court against a corporate defendant, and

damages suffered by individual WARN Class members are small compared to the expense and

burden of individual prosecution of this litigation.


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24. Concentrating all the potential litigation concerning the WARN Act rights of the

members of the Class in this Court will obviate the need for unduly duplicative litigation that

might result in inconsistent judgments, will conserve the judicial resources and the resources of

the parties, and is the most efficient means of resolving the WARN Act rights of all the members

of the Class.

25. The Plaintiff intends to send notice to all members of the WARN Class to the

extent required by Rule 23.

CLAIMS FOR RELIEF

Violation of the WARN Act, 29 U.S.C. 2104

26. Plaintiff realleges and incorporates by reference all allegations in all preceding

paragraphs.

27. At all relevant times, Defendant 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.

28.

At all relevant times, Defendant was an employer, as that term is defined in

29 U.S.C. 2101 (a)(1) and 20 C.F.R. 639(a), andcontinued to operate as a business until it

decided to order mass layoffs or plant closings at the Facilities.

29. On or about August 7, 2015, Defendant ordered mass layoffs and/or plant closings

at the Facilities, as those terms are defined by 29 U.S.C. 2101(a)(2).

30. The mass layoffs or plant closings at the Facilities resulted in employment

losses, as that term is defined by 29 U.S.C. 2101(a)(2) for at least fifty of Defendants

employees as well as thirty-three percent (33%) of Defendants workforce at the Facilities,

excluding part-time employees, as that term is defined by 29 U.S.C. 2101(a)(8).


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31. The Plaintiff and the Class Members were terminated by Defendant without cause

on their part, as part of or as the reasonably foreseeable consequence of the mass layoffs or plant

closings ordered by Defendant at the Facilities.

32. The Plaintiff and the Class Members are affected employees of Defendant,

within the meaning of 29 U.S.C. 2101(a)(5).

33. Defendant was required by the WARN Act to give the Plaintiff and the Class

Members at least 60 days advance written notice of their terminations.

34. Defendant failed to give the Plaintiff and the Class members written notice that

complied with the requirements of the WARN Act.

35. The Plaintiff and each of the Class Members, are aggrieved employees of the

Defendant as that term is defined in 29 U.S.C. 2104(a)(7).

36. Defendant failed to pay the Plaintiff and each of the Class Members their

respective wages, salary, commissions, bonuses, accrued holiday pay and accrued vacation for

60 days following their respective terminations, and failed to make the pension and 401(k)

contributions and provide employee benefits under COBRA for 60 days from and after the dates

of their respective terminations.

37. The relief sought in this proceeding is equitable in nature.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff, individually and on behalf of all other similarly situated

persons, pray for the following relief as against Defendant:

A. Certification of this action as a class action;

B. Designation of the Plaintiff as the Class Representative;

C. Appointment of the undersigned attorneys as Class Counsel;


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D. A judgment in favor of the Plaintiff and the other similarly situated former

employees equal to the sum of: their unpaid wages, salary, commissions, bonuses,

accrued holiday pay, accrued vacation pay, pension and 401(k) contributions and

other COBRA benefits, for 60 days, that would have been covered and paid under

the then-applicable employee benefit plans had that coverage continued for that

period, all determined in accordance with the WARN Act, 29 U.S.C.

2104(a)(1)(A); and

E. Such other and further relief as this Court may deem just and proper.

DATED: August 11, 2015

Respectfully submitted,

By: /s/ Christopher D. Loizides

Christopher D. Loizides (No. 3968)

LOIZIDES, P.A.1225 King Street, Suite 800

Wilmington, DE 19801

Telephone: (302) 654-0248Facsimile: (302) 364-0728

E-mail: [email protected]

Jack A. Raisner, Esq.

Ren S. Roupinian, Esq.

OUTTEN & GOLDEN LLP3 Park Avenue, 29

thFloor

New York, NY 10016

Telephone: (212) 245-1000

Attorneys for Plaintiff and the putative class


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S 44 (Rev. 12/12) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except

rovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for theurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION(Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for(For Diversity Cases Only) and One Box for Defendant

1 U.S. Government 3 Federal Question PTF DEF PTF D

Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated orPrincipal Place 4

of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated andPrincipal Place 5

Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6

Foreign Country

V. NATURE OF SUIT(Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act

120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionm

130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust

140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking

150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation

151 Medicare Act 330 Federal Employers Product Liabi lity 830 Patent 470 Racketeer Influence

152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizatio

Student Loans 340 Marine Injury Product 480 Consumer Credit

(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commod

of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange

160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Acti

190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts

195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matt

196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Informa

362 Personal Injury - Product Liability Leave Act ActMedical Malpractice 790 Other Labor Litigation 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Proc

210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appe

220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision

230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of

240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes

245 Tort Product Liability Accommodations 530 General

290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION

Employment Other: 462 Naturalization Application 446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration

Other 550 Civil Rights Actions

448 Education 555 Prison Condition

560 Civil Detainee -

Conditions of

Confinement

V. ORIGIN(Place an X in One Box Only)

1 OriginalProceeding

2 Removed fromState Court

3 Remanded fromAppellate Court

4 Reinstated orReopened

5 Transferred fromAnother District(specify)

6 MultidistrictLitigation

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED INCOMPLAINT:

CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: Yes No

VIII. RELATED CASE(S)IF ANY

(See instructions):JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Case 1:15-cv-00701-UNA Document 1-1 Filed 08/11/15 Page 1 of 2 PageID #: 9

FELICE MARTIN, on behalf of herself and all others similarly situated

Los Angeles, CA

Christopher D. Loizides (No. 3968), LOIZIDES, P.A., 1225 King Street,Suite 800, Wilmington, Delaware 19801, Telephone: (302) 654-0248,E-mail: [email protected]

ZIRTUAL INC.

Clark County, NV

29 U.S.C. 2101 et seq.

Violation of the WARN Act

08/11/2015 /s/ Christopher D. Loizides, Esq.

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JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as

required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is

required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk o

Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, us

only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency andthen the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides attime of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In lan

condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noin this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendm

to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code tak

precedence, and box 1 or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the

citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversitycases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Marksection for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI belowsufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more th

one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the six boxes.Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.

When the petition for removal is granted, check this box.Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the fili

date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers o

multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 140

When this box is checked, do not check (5) above.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictionstatutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docketnumbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

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