Brain v. The Execu-Search Group, LLC

Filing 67

ORDER granting 66 Letter Motion to Stay Discovery and All Deadlines and Provide the Court with Status Update addressed to Judge Mary Kay Vyskocil from Eli Z. Freedberg dated June 5, 2024. GRANTED. The parties are DIRECTED to submit a joint letter advising the Court of the status, but not the substance, of settlement efforts (including the date of any scheduled mediation session) by July 3, 2024. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 6/5/2024) (vfr)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 6/5/2024
Littler Mendelson P.C.
900 Third Avenue
New York, NY 10022

June 5, 2024

Eli Z. Freedberg
Attorney at Law
212.583.9600 main
212.583.2685 direct
[e-mail]

Via ECF
Hon. Mary Kay Vyskocil
Southern District of New York
500 Pearl Street
New York, New York 10007
Re:

Brain v. The Execu-Search Group, LLC
Case No. 22-cv-08219

Dear Judge Vyskocil:
Pursuant to Your Honor’s Individual Rules and Practices, Plaintiff Katie Brain and
Defendant The Execu-Search Group, LLC, hereby submit the following joint letter to
provide a brief update and request a stay of discovery and all deadlines pending settlement
efforts.
In accordance with the case management plan and scheduling order (ECF Nos. 58, 59) the
parties have commenced discovery and exchanged initial disclosures and requests for
interrogatories, production, and admissions. In addition, the Parties have commenced
settlement negotiations and they both believe that they can enhance the chances of
settlement by retaining an experienced wage and hour mediator. Pending the mediator’s
availability, the parties would like to schedule the mediation session within the next 60
days. In order to conserve the parties’ resources, the parties jointly request a stay of this
action for 60 days to allow for the completion of the mediation process. Pursuant to the
stay, the Parties agree to toll the statute of limitations for several individuals who the parties
have discussed may be part of the Putative Collective1.The tolling agreement would expire
within seven days of the mediation, should the mediation fail to yield a resolution. If the
Parties continue negotiations after an unsuccessful mediation, the Parties may elect to
extend the tolling period by mutual agreement. Should the Court grant the application, the
parties will promptly inform the court about the status of the action following the
conclusion of the mediation session.

1

Those individuals include: Casey Peacock, Clayton Royer, Kassandra Espinosa, Kelly Pizoli, Lauren Podest, Leslie
Wade, Paige Honeycutt, Eva Leslie, William Buteau, Anisa Ahmed, Caitlin Cowan, Kerri Puckhaber, Riley Jane Ban,
Spencer Gallant, Kurtis Waldeck, Caroline Duffy, Gebrielle Dorman, Christina Horton, and McLaughlin, Cathryn.
littler.com

Honorable Mary Kay Vyskocil
June 5, 2024
Page 2

Thank you for Your Honor’s consideration and attention to this matter.
Respectfully submitted,
By: /s/Alyssa White
Andrew W. Dunlap
Texas Bar No. 24078444
Alyssa White
Texas Bar No. 24073014
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, Texas 77046
713-352-1100 – Telephone
713-352-3300 – Facsimile

/s/ Eli Z. Freedberg
A. Michael Weber
Eli Z. Freedberg
Paul Piccigallo
Roya Aghanori
LITTLER MENDELSON, P.C.
900 Third Avenue
New York, NY 10022.3298
[phone]

ATTORNEYS FOR PLAINTIFF

ATTORNEYS FOR DEFENDANT

GRANTED. The parties are DIRECTED to submit a joint letter advising the
Court of the status, but not the substance, of settlement efforts (including the
date of any scheduled mediation session) by July 3, 2024. SO ORDERED.
6/5/2024

littler.com