Case 1:16-cv-00571-LEW Document 220 Filed 07/12/19 Page 1 of 4 PageID #: 3402 UNITED STATES DISTRICT COURT DISTRICT OF MAINE KATHERINE VEILLEUX, JENNIFER CHON, ROCKY COAST FAMILY ACUPUNCTURE PC, and JAMES TILTON, individually and on behalf of all others similarly situated, Plaintiffs v. CASE NO: 1:16-cv-571-LEW ELECTRICITY MAINE, LLC, PROVIDER POWER, LLC, SPARK HOLDCO, LLC, KEVIN DEAN and EMILE CLAVET Defendants JOINT MOTION TO STAY Plaintiffs and Defendants (collectively the “Parties”) jointly move for an order staying all deadlines and further activity in this action (the “Lawsuit”) for a period of seventy-five (75) days from the date of this Motion while the Parties pursue settlement discussions. In support of this Joint Motion, the Parties state as follows: 1. Currently, three motions are fully briefed and pending before this Court: (1) Plaintiffs’ Motion to Certify Class (ECF No. 163); (2) Defendants’ Motion to Exclude Expert Testimony (ECF No. 183); and (3) Defendants’ Motion to Dismiss and Compel Arbitration (ECF No. 145). 2. On July 1 and 2, the Parties attended a judicial settlement conference with Magistrate Judge John C. Nivison in Bangor (ECF Nos. 216, 217). 3. As a result of that conference, the Parties have made progress toward a settlement that would fully and finally resolve the Lawsuit. 7172711.2 1 Case 1:16-cv-00571-LEW Document 220 Filed 07/12/19 Page 2 of 4 4. PageID #: 3403 In order to reach such a global settlement agreement among the Parties, first a separate agreement between Defendants Electricity Maine, LLC and Spark HoldCo, LLC (collectively “Electricity Maine”) and Defendants Provider Power, Emile Clavet, and Kevin Dean (collectively “Provider Power”) on certain issues is necessary. 5. Electricity Maine and Provider Power require additional time to work out the terms of their agreement. 6. The Parties request that the Court stay all deadlines and further activity in the Lawsuit for a period of seventy-five days from the date of this Motion. 7. Prior to the expiration of the requested stay, the Parties will either (a) report to the Court that the Parties have reached an agreement to resolve the Lawsuit, pending preliminary and final approval by the Court; or (2) report to the Court that a settlement has not been reached and request that the Court either grant a further stay or rule on the pending motions after hearing, as the case may be. WHEREFORE, the Parties jointly request that this Court enter an order staying all deadlines and further activity in this Lawsuit for a period of seventy-five (75) days from the date of this Motion. 7172711.2 2 Case 1:16-cv-00571-LEW Document 220 Filed 07/12/19 Page 3 of 4 PageID #: 3404 Dated at Portland, Maine this 12th day of July, 2019 /s/ Thomas F. Hallett Thomas F. Hallett Benjamin N. Donahue HALLETT WHIPPLE WEYRENS 6 City Center, Suite 208 Portland, Maine 04101 (207) 775-4255 thallett@hww.law bdonahue@hww.law Attorneys for the Plaintiffs and Class Members /s/ John J. Aromando John J. Aromando Katherine S. Kayatta Sara A. Murphy PIERCE ATWOOD LLP Merrill’s Wharf, 254 Commercial Street Portland, ME 04101 Tel: 207-791-1100 jaromando@pierceatwood.com kkayatta@pierceatwood.com smurphy@pierceatwood.com Attorneys for Defendants Electricity Maine, LLC and Spark HoldCo, LLC /s/ Robert P. Cummins Robert P. Cummins The Cummins Law Firm 33 North Dearborn Street Chicago, Illinois 60602 312-662-6321 rpc@cumminlawfirm.com Attorney for the Plaintiffs and Class Members /s/ Melissa A. Hewey Melissa A. Hewey Amy K. Olfene Adrianne E. Fouts DRUMMOND WOODSUM 84 Marginal Way, Suite 600 Portland, ME 04101 Tel: (207) 772-1941 mhewey@dwmlaw.com aolfene@dwmlaw.com afouts@dwmlaw.com Attorneys for Defendants Provider Power, LLC, Kevin Dean, and Emile Clavet 7172711.2 3 Case 1:16-cv-00571-LEW Document 220 Filed 07/12/19 Page 4 of 4 PageID #: 3405 CERTIFICATE OF SERVICE I hereby certify that on July 12, 2019, I electronically filed the foregoing document using the CM/ECF system which will send the notification of such filing to counsel of record. /s/ John J. Aromando John J. Aromando Pierce Atwood LLP Merrill’s Wharf 254 Commercial Street Portland, ME 04101 Tel: 207-791-1100 jaromando@pierceatwood.com Attorneys for Defendants Electricity Maine, LLC and Spark HoldCo, LLC 7172711.2 4