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March 15, 2012

On March 15, 2012, the Debtors filed an Objection to the TWU's Motion For Entry of An Order Lifting or Modifying the Automatic Stay to Permit James Gregorio to Institute Proceedings Against the Debtors For Improper Wage Garnishment. James Gregorio presently works in the Debtors’ Facilities/GSE Maintenance division/center/office in Miami, Florida. In April 2011, Mr. Gregorio filed two grievances related to unpaid overtime work which Gregorio performed. The Debtors settled the grievances pursuant to a local union settlement. Mr. Gregorio received an overtime payment of $907.60 on or about December 16, 2011. On February 2012, the Debtors' human resources payroll division garnished Mr. Gregorio's wages in the amount of the $907.60 settlement payment. On February 2, 2012, the TWU, on behalf of Mr. Gregorio, filed a motion asking the Court to lift (or modify) the automatic stay to allow Mr. Gregorio to institute proceedings under applicable Florida law to remedy this arguably improper garnishment. By their Objection, the Debtors argue that the garnishment merely served as a "corrective deduction" intended to reverse an allegedly unauthorized payment to Mr. Gregorio, in light of the automatic stay imposed by the bankruptcy filing. The Debtors argue that because they made the allegedly corrective deduction to comply with the Bankruptcy Code, the proper tribunal to hear the action is the Bankruptcy Court.

A hearing on the stay relief motion is scheduled for March 22, 2012.