CHIEF Judge Ramona V. Manglona of the District Court for the NMI has granted the petition for a preliminary Fair Labor Standards Act certification of collective action filed by three Turkish construction workers against Imperial Pacific International LLC, and its parent company, IPI Holdings, Ltd.
At a hearing held on Dec. 30, 2020, Judge Manglona also granted the plaintiffs’ withdrawal of the issuance of notice to all potential members.
Attorney Richard Miller represents Özcan Genç, Hasan Gökçe, and Süleyman Köş in their lawsuit against IPI and its contractor, IDS Development Management & Consultancy, which is registered in Turkey, Saudi Arabia and the United Arab Emirates.
Miller told the court that his clients will move to dismiss the lawsuit against IDS.
The lawyer said he will file a new Rule 23 motion for class action certification and will file a motion for default judgement.
The judge scheduled the hearing for the motion for Jan. 14 at 9 a.m.
Miller also submitted to the court 29 names, including the three plaintiffs, who have consented to opt-in to the collective action.
The 26 individuals are Ahmet Kizmaz, Ahmet Kucukhurman, Ali Cakir, Ali Gunes, Deniz Ozturk, Ebubekir Gul, Ertan Gul, Fuat Mert Oztuna, Gokhan Gunes, Idris Kocamaz, Kadir Mucur, Mehmet Baris Derintas, Mehmet Cercibasi, Mehmet Karakaya, Muharrem Basaran, Mukremin Cobanpinari, Mustafa Dogan, Mustafa Orcun, Omer Donmez, Osman Gunes, Osman Yentur, Ranazan Tekteb, Sakin Polat, Sezai Kaya, and Tuncay Yarbasi.
Previously the court granted the plaintiffs’ request for an entry of default after IPI failed to file a response or defend within the time permitted by court rules in their lawsuit even though IPI was personally served with the summons and complaint by the workers on Nov. 23, 2020.
Genc, Gokce and Kos filed the complaint “on behalf of themselves and other similarly situated” H-2B workers, such as the master plumbers, carpenters, electricians, construction workers and foremen who were recruited from Turkey in 2019.
The complainants said they were promised above minimum wage, substantial overtime pay, and round-trip tickets.
They said IPI also promised them that it would hire a cook who could prepare the kind of food suited for them.
The complaint likewise accused IPI of retaliating after the workers staged protest actions.
