On May 17, 2024, United States Magistrate Judge Victoria Reznick of the Southern District of New York appointed WMP as interim co-lead class counsel in WMP’s class actions against HOP Energy, LLC for breaching its contract to supply home heating oil to consumers in eight states.
Courts designate interim class counsel “to act on behalf of a putative class before determining whether to certify the action as a class action.” Where there are overlapping, duplicative, or competing suits pending in other courts, “the Court may find it necessary to appoint interim class counsel ‘to safeguard the interests of the class.’”
In this case, the Court noted a class action pending against HOP in federal court in Pennsylvania and HOP’s claims that the Pennsylvania case overlaps with WMP’s cases. Because the rights of the classes in the New York cases may be impacted by a settlement in the Pennsylvania case, the Court found it necessary to “protect” the classes in WMP’s cases by representing those consumers “in any settlement involving” the Pennsylvania case.
The Court further highlighted the WMP (and co-counsel Shub & Johns LLC) are well-qualified to protect the interests of the class members in WMP’s cases. In particular, the Court found that WMP “are experienced class action attorneys, who have litigated large-scale consumer class actions,” and specifically noted WMP’s experience in “deceptive energy practices” litigation. The Court also recognized WMP’s efforts in the cases against HOP to date, including successfully defeating a motion to dismiss and motion to stay and bifurcate discovery, as well as efforts to obtain documents from HOP to prosecute the class claims. The Court further noted that WMP was willing and able to commit the resources necessary for the cases against HOP.
To read a copy of the interim class counsel order, click here.