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)

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: [phone]
Fax: [phone]
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: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

1001 Fannin Street, Suite 2700
Houston, Texas 77002
Tel: [phone]
[e-mail]
[e-mail]
[e-mail]
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: [phone]
[e-mail]
[e-mail]

277 Broadway, Suite 408
New York, New York 10007
Telephone: [phone]
[e-mail]
Counsel for Defendant

Attorneys for Plaintiff and the Putative Class

Granted.
So Ordered.

~L
3/31 /21

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