Mulhern Gas Co., Inc. et al v. Mosley, et al

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
MULHERN GAS CO., INC., et al.,
Plaintiffs,
v.
WALTER 	T. 	MOSLEY, 	in 	his 	official
capacity as Secretary of State,
Defendant.
Case No. 1:23-cv-01267 (GTS/CFH)
Stipulation and Order Settling Motion for Injunction Pending Appeal
Plaintiffs Mulhern Gas Co., et al. and Defendant Walter T. Mosley, in his official
capacity as Secretary of State, by and through their attorneys, stipulate and agree as follows:
WHEREAS, on October 12, 2023, Plaintiffs commenced the instant action in the U.S.
District Court for the Northern District of New York alleging that New York Energy Law § 11-
104(6)-(8) and New York Executive Law § 378(19) are expressly preempted by federal law;
WHEREAS, on August 21, 2025, the Court issued an Order granting judgment as a matter
of law to Defendant Mosley;
WHEREAS, on August 22, 2025, Plaintiffs filed a Notice of Appeal from said judgment to
the U.S. Court of Appeals for the Second Circuit (“Second Circuit”);
WHEREAS, on September 10, 2025, Plaintiffs filed a Motion for an Injunction Pending
Appeal in this case, which Defendant Mosley has opposed;
WHEREAS, on November 3, 2025, Plaintiffs filed a Notice of Intent to Seek an Injunction
Pending Appeal in the Second Circuit; and
WHEREAS, solely for purposes of resolving the pending Motion for an Injunction Pending
Appeal in this Court, to avoid further litigation on any request by Plaintiffs to obtain injunctive
Case 1:23-cv-01267-GTS-PJE Document 75 Filed 11/18/25 Page 1 of 4

2
relief pending appeal, to avoid uncertainty during the appellate process, and without prejudice to
any argument the parties may make in this action or any other matter, Plaintiffs and Defendant
Mosley stipulate and agree as follows:
1. 	Plaintiffs’ Motion for an Injunction Pending Appeal is withdrawn, and Plaintiffs
will not seek any injunction pending appeal in the Second Circuit or in the U.S. Supreme Court;
2. 	The effective date of 19 N.Y.C.R.R. § 1240.6 (as amended by 10/1/25 N.Y. St.
Reg. DOS-11-25-00001-A) and 19 N.Y.C.R.R. Subpart 1229-2 (as amended by 10/1/25 N.Y. St.
Reg. DOS-11-25-00002-A), is hereby suspended, pending final disposition of the Plaintiffs’
appeal in the Second Circuit and the disposition of any petition for a writ of certiorari, if such
writ is timely sought, consistent with the timing set forth in paragraph 4.
3. 	Consistent with paragraph 2, Defendant Mosley is hereby directed to take such
action as necessary to suspend or delay the effective date of 19 N.Y.C.R.R. § 1240.6 (as amended
by 10/1/25 N.Y. St. Reg. DOS-11-25-00001-A) and 19 N.Y.C.R.R. Subpart 1229-2 (as amended
by 10/1/25 N.Y. St. Reg. DOS-11-25-00002-A) pending the final disposition of the appeal in the
Second Circuit and the disposition of any petition for a writ of certiorari, if such writ is timely
sought, consistent with the timing set forth in paragraph 4.
4. 	If 	no 	writ 	of 	certiorari 	is 	timely 	sought, 	this 	suspension 	shall 	terminate
automatically 120 days after the issuance of the mandate of the Second Circuit. Should a writ of
certiorari be timely sought by any party, and denied, then this suspension shall terminate
automatically on the 120th day after such denial. Should a writ of certiorari be timely sought by
any party, and the petition for a writ of certiorari is granted, then this suspension shall terminate
automatically upon the 120th day following the sending down of the judgment of the Supreme
Court.
Case 1:23-cv-01267-GTS-PJE Document 75 Filed 11/18/25 Page 2 of 4

3
5. 	By entering into this stipulation and order, no party hereto makes any admission as
to any fact or the validity of any right, claim, or defense that is or may be asserted in this or any
other action or proceeding of any kind whatsoever.
6. 	The stipulation and order shall not in any manner be construed as determinative of
the issues or claims raised in this action or any other proceeding of any kind and shall have no
precedential value. This stipulation and order shall not bind or collaterally estop Defendant Mosley
or the State of New York (including, but not limited to, any and all present and former agencies,
departments, divisions, subdivisions, subsidiaries, administrators, principals, officers, employees,
directors, members, agents, attorneys, insurers, and assigns, whether in an individual or official
capacity) in any pending or future actions or proceedings in which the same or similar issues are
raised, from defending any and all issues raised in said actions or proceedings, or from advancing
any and all available defenses.
Dated: Buffalo, New York
November 12, 2025
LETITIA JAMES
Attorney General of the
State of New York
Attorney for Defendant-Appellee
By: __/s/ Timothy_Hoffman____
Timothy Hoffman
Main Place Tower, Suite 300A
350 Main Street
Buffalo, NY 14202
(716) 853-8465
timothy.hoffman@ag.ny.gov
Dated: Macon, Georgia
November 12, 2025
REICHMAN JORGENSEN
LEHMAN & FELDBERG LLP
Attorney for Plaintiffs-Appellants
By: __/s/ Sarah Jorgensen ____
Sarah Jorgensen
1201 West Peachtree Street
Suite 2300
Atlanta, Georgia 30309
(650) 623-1401
sjorgensen@reichmanjorgensen.com
Case 1:23-cv-01267-GTS-PJE Document 75 Filed 11/18/25 Page 3 of 4

4
SO ORDERED:
_________________________________
Honorable Glenn T. Suddaby
United States District Court
Dated: November 18, 2025
Case 1:23-cv-01267-GTS-PJE Document 75 Filed 11/18/25 Page 4 of 4