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opengate capital lawsuit

Founded in 1979, Chemsolv is a diversified distributor offering more than 1,000 chemicals including solvents, plasticizers, coolants . [26], Prior to raising its first institutional fund, OpenGate also acquired the Waukesha, Wisconsin plant and brand rights to Golden Guernsey Dairy as the result of an antitrust divestment of Dean Foods, which was required to sell the plant to purchase GGD's other plants in the state. On May 27, 2021, 166 workers in Janesville, Wisconsin awoke to a nightmare. Our Standards: The Thomson Reuters Trust Principles. Those companies included a dairy in Wisconsin, a boxboard manufacturer in Connecticut and a laboratory furniture maker with operations in several U.S. states and Mexico. . A court filing by the trustee overseeing the bankruptcy proceedings said Golden Guernsey owed $1.5 million because it had violated state labor laws that require 60 days notice to employees of mass layoffs. This is ClassAction.org's current list of open lawsuits and investigations. It maintained operations during the worst of the pandemic and even. In court papers, the company said the trustees allegations are without merit. The default, the hiring of the restructuring firm and the lenders presence on site paint a picture of a company in financial distress, the kind that former employees allege should have prompted OpenGate to provide a federally required 60 days notice before closing the plant. After the Fusion facility closed in September 2014, the state launched several programs to retrain workers, Osten said. OpenGate gets sued for alleged WARN Act violations. Earlier this year, employees at Hamilton Scientifics Wisconsin facility received notices that they would be laid off in 60 days but were then furloughed, according to an article from PE Hub, a publication that focuses on private equity companies. Terms of the investment were not disclosed. They have a right to do what they did as far as liquidate the company, but they dont have a right to do it in the manner they did.. [15] In 2018, OpenGate acquired the Italian stove and fireplace manufacturer Jotul from the European private equity group Ratos. That explanation ignores the blatant injustice done to Hufcor workers, whose woes reflect the influence of predatory private equity, and tells a story of Wall Street run amok. OpenGate Capital partners with companies to . This article was originally published on OtherWords. Thermo Fisher, the world's largest maker of laboratory equipment and scientific instruments, agreed to acquire Life Technologies Inc LIFE.O in mid-April for more than $13 billion. Our tax dollars should make life better not go to waste on bloated military contracts and Pentagon boondoggles. OpenGate Capital, LLC, et al., Central District of California, Case No. In December 2014, OpenGate Capital hired Realization Services, an East Coast company specializing in turnaround management. In September 2013, OpenGate acquired PennySaver for $22.5 million. Andrew Nikou Founder, Chief Executive Officer OpenGate Capital 10250 Constellation Boulevard, 30th Floor OpenGate Capital Group, LLC, OpenGate Capital Management, LLC and PennySaver Investors, LLC's (collectively, "OpenGate"), which seeks to dismiss the Complaint3 filed by Don A. Beskrone, Chapter 7 Trustee for the estates of PennySaver USA Publishing, LLC, et al. Former employees of at least three former OpenGate portfolio companies have filed lawsuits or complaints alleging OpenGate or the companies it owned violated labor laws requiring businesses to notify employees 60 days before mass layoffs. June 16, 2021. OpenGate strategically invests in targeted sectors across five continents utilizing a diverse and experienced team with the ability to connect with business owners around the globe. Several lawsuits had been filed claiming OpenGate and did not follow proper protocol under the WARN Act when firing hundreds of employees from both PennySaver and Hamilton Scientific. Throughout the first year they started to liquidate assets selling property and equipment. In October 2012, OpenGate Capital bought the laboratory workstations business of Thermo Fisher Scientific, a maker of laboratory furniture. OpenGate is moving the plant to Mexico anyway. When PennySaver closed on May 22, it left 678 employees without a final paycheck or compensation for their accrued vacation days and it meant they had to scramble for health benefits. This isnt just another story about corporate globalization or pandemic upheaval. After we signed a contract we thought we were golden, but two months later they told us they were closing the place, Harrelle said. Its a story about predatory private equity run amok. Opengate said gang members brandished weapons to intimidate employees at the facility and parked their cars and tractor-trailers filled with unknown cargo there. This spring, 166 workers in Janesville, Wisconsin awoke to a nightmare. Around the same time, it was engaged in negotiations to be acquired by another company. OpenGate is a global private equity firm that acquires and . To date, the firm has completed more than 75 transactions, including . Wrong. Above, workers attend a May 26 meeting. This post was guest authored by Elisa McCartin. Capital One said it tried to work with PennySaver on the closure, but to no avail. [35][36][37], Nikou is married with children and resides in Nevada.[7]. She briefly lived in Santiago, Chile where she edited an online magazine and worked as a translator for doctors from Malaysia following Chile's 8.8 earthquake in 2010. In January 2013, for instance, OpenGate abruptly shut down Golden Guernsey Dairy in Waukesha, Wis. But not all OpenGate deals have worked out. Weinbergs cash was to be held in escrow until stocks held by Darden Sr. were placed in a collateral account. In the weeks leading up to the coupon magazines mass layoffs, managers were on a tear, asking advertisers to pay up front and offering sales representatives bonuses for bringing in the most money, Buckley said. Why would we put in all that effort?. Thermo Fisher, the world's largest maker of laboratory equipment and scientific instruments, agreed to acquire Life Technologies Inc. Established in 2005, OpenGate Capital is headquartered in Los Angeles, California with a European office in Paris, France. BURKE v. TV GUIDE MAGAZINE GROUP, INC., 09-56989 (9th Cir. Senator Baldwin was a co-sponsor of the Stop Wall Street Looting Act, the first major effort to reform the private equity sector, in the last Congress. OpenGate manages a diverse, global portfolio across key verticals within Industrials and Technology sectors. It had about 100 workers, some of whom arrived at the plant one January morning to find the gates locked, according to state documents. To date, the firm has completed more than 75 transactions, including acquisitions and divestitures, and has acquired more than $8 billion in gross consolidated revenues. While OpenGate was in negotiations to buy the business from Thermo Fisher, armed militants took cover in the Reynosa buildings cafeteria while fleeing their rivals, according to OpenGates lawsuit. How to avoid leaving money on the table, Congressional investigators blame airlines for most flight cancellations, First Republic Bank stock plunges to record low as rescue plan proves elusive, Fed faults Silicon Valley Bank execs and itself in bank failure. In too many cases with private equity, big firms acquire businesses and squeeze them for cash, routinely causing bankruptcies. OpenGate has a history of buying companies only to close operations shortly thereafter, leaving communities across the country in the lurch. But in some cases, as with PennySaver, external circumstances frustrate our ability to have our investments realize their full potential.. MILWAUKEE (January 11, 2022) - Chemsolv, Inc. ("Chemsolv"), a leading distributor of commodity and specialty chemicals based in Roanoke, VA, has been acquired by OpenGate Capital ("OpenGate"). We need to take legislative action in Congress to rip up the predatory playbook that these private equity firms use to leave workers with nothing but pink slips and lost livelihoods, Senator Tammy Baldwin of Wisconsin, , the first major effort to reform the private equity sector, in the last Congress. in Texas, Arkansas, and Wisconsin, who worked for the laboratory furniture company Hamilton Scientific. [1] The firm is focused on the acquisition of lower to middle market businesses that are often privately owned, or non-core divisions of larger companies located around the world. Only one of OpenGate's subsidiaries included as a plaintiff is a California LLC. This case was filed in Orange County Superior Courts, Civil Complex Center located in Orange, California. 1:13-cv-01475 in the Delaware District Court. Fahn, speaking for OpenGate, said that the union wasnt privy to the sale because the sale wasnt final. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. The owner, private equity firm OpenGate Capital in Century City, had turned over management of the firm in December to a restructuring and liquidation company, Realization Services Inc. in Bedford . Language links are at the top of the page across from the title. The lawsuit was dismissed in April 2016. He has a passion for people and a knack for recognizing what is needed to help businesses in . I just dont find it funny to ruin peoples lives. Not the case? While Janesville was once a manufacturing hub, it has experienced the devastating consequences of unfettered corporate greed. Please prove that you're human. Employees at other OpenGate-owned companies have voiced similar complaints. Grace Matthews advised Chemsolv on the transaction. Employees of other OpenGate companies have suffered similar fates. Hufcor, a market-leading producer of accordion-style doors and mobile room partitions, was profitable when OpenGate bought it. In 2019, OpenGate acquired the German content-management platform CoreMedia. May 17-18, 2023 Hilton Tower Bridge, London, May 23-24, 2023 Convene 117 West 46th Street, New York, Get limited access to our industry news, analysis and data, plus regular email updates. Vice President. Its the biggest business closure in Janesville since the Great Recession. The suit claimed that Thermo Fisher had rushed negotiations and provided misleading answers to due-diligence inquiries. When OpenGate bankrupted Pennysaver, a court-appointed trustee sued OpenGate for fraudulently siphoning money from the company through a variety of shady tactics: billing it for non-existent tax payments, loaning money to another OpenGate company at knockdown rates, and putting non-working OpenGate employees on its payroll. Nikou and OpenGate executives wouldnt discuss PennySavers closing. Employees who started work later arrived to find the facility locked. It maintained operations during the worst of the pandemic and even advertised $16 hourly wages and generous benefits as recently as January 2021. OpenGate strategically invests in targeted sectors across five continents utilizing a diverse and experienced team with the ability to connect with business owners around the globe. OpenGate Capital is a global private equity firm specializing in the acquisition and operation of businesses to create new value through operational improvements, innovation and growth. Our six-week newsletter will help you make the right decision for you and your property. OpenGate failed to give workers at Pennysaver and Golden Guernsey the 60 days notice of business closure that is required under U.S. labor law. Ive been doing this over three decades. June 18, 10:39 a.m.: An earlier version of this article and an accompanying photo caption reported that PennySaver workers were suing OpenGate Capital and its managing partner, Andrew Nikou. [5] however, his actions have also drawn substantial criticism, including numerous lawsuits. It would curb the industrys worst abuses and prioritize people, not private equity profits. It came as a complete shock to the management at the dairy and the union that they were about to close, said Eileen Appelbaum, a senior economist at the Washington, D.C.-based Center for Economic and Policy Research, whose book Private Equity at Work: When Wall Street Manages Main Street devotes a chapter to the Wisconsin dairy.

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opengate capital lawsuit