Stanley v. Direct Energy Services, LLC

Filing 55

ORDER granting 54 Motion to Stay re: 54 JOINT LETTER MOTION to Stay addressed to Judge Kenneth M. Karas from D. Greg Blankinship dated March 31, 2021. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/31/2021) (kv)

Download PDF
Case 7:19-cv-03759-KMK Document 54 Filed 03/31/21 Page 1 of 2 FBFGI Finkelstein,_ Blankinship,_ Frei-Pearson & Garber, LLP l NORTH BROADWAY, SUITE 900 WHITE PLAINS, NY 10601 Phone: (844) 431-0695 Fax: (845) 562-3492 www.fbfglaw .com MEMO ENDORSED March 31 , 2021 ByECF Hon. Kenneth M. Karas United States District Judge The Hon. Charles L. Brieant Jr. Federal Building and United States Courthouse Southern District of New York 300 Quarropas Street White Plains, New York 10601 Re: Stanley v. Direct Energy Services, LLC, Case No. 7:19-cv-03759-KMK Dear Judge Karas: We write on behalf of Plaintiff Linda Stanley and Defendant Direct Energy Services, LLC to inform the Court that the parties have agreed to participate in a mediation of this action on June 3, 2021 in an attempt to reach a fair and just settlement. Accordingly, they respectfully request a stay pending mediation so that they may preserve resources and focus their efforts on a resolution. Following motion practice regarding the sufficiency of Plaintiffs pleadings and several months of discovery, the parties agreed to retain as a mediator Hon. Diane M. Welsh (Ret.), who has experience mediating several similar class actions against independent energy companies. Indeed, Judge Welsh was the mediator who assisted the parties in reaching a settlement in Hamlen v. Gateway Energy Services Corp., No . 16-3526 (S.D.N.Y.) (Briccetti, J.). Notably, Direct Energy owns Gateway Energy, and the parties in Hamlen were represented by counsel for the parties in the instant action. In the interests of efficiency and preserving judicial resources, the parties respectfully propose that all discovery and other outstanding deadlines be stayed until 10 (ten) days after the June 3, 2021 mediation. The parties also propose to provide the Court with an update following the mediation regarding their attempts to reach a proposed settlement. If the mediation is successful, the parties will propose a deadline for Plaintiff to file a motion for preliminary approval of a class settlement; if not, they will ask that the Court lift the stay and they will propose an amended schedule. We thank the Court for its consideration of our request. Respectfully Submitted, s/ D. Greg Blankinship D. Greg Blankinship Todd S. Garber Chantal Khalil sl Matthew D. Matthews. Jr. Michael D. Matthews, Jr. Andrew R. Kasner Diane S. Wizig FINKELSTEIN, BLANKINSHIP, MCDOWELL HETHERINGTON LLP Case 7:19-cv-03759-KMK Document 54 Filed 03/31/21 Page 2 of 2 FREI-PEARSON & GARBER, LLP 1 North Broadway, Suite 900 White Plains, New York 10601 Tel: (914) 298-3281 Fax: (914) 824-1561 1001 Fannin Street, Suite 2700 Houston, Texas 77002 Tel: (713) 337-5580 Steven M. Lucks FISHKIN LUCKS LLP Matt Schultz Bill Cash LEVIN, PAP ANTONIO, THOMAS, MITCHELL, RAFFERTY & PROCTOR, P.A. 316 South Baylen St. Pensacola, Florida 32502 Tel: (850) 435-7059 277 Broadway, Suite 408 New York, New York 10007 Telephone: (646) 755-9200 Counsel for Defendant Attorneys for Plaintiff and the Putative Class Granted. So Ordered. ~L 3/31 /21 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?