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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Naomi Gonzales (“Decedent”) commenced this putative class action against Defendant Agway Energy Services, LLC, on December 6, 2017. See Dkt. No. 1. Decedent purported to bring this action on her own behalf and on behalf of (1) a class consisting of Defendant’s New York and Pennsylvania customers charged a variable rate for residential electricity services from November 2011 to the present; and (2) a sub-class of Defendant’s New York customers charged a variable rate for residential electricity services from November 2011 to the present. See id. at

42-43. Decedent asserted five claims against Defendant: (1) violations of New York General Business Law (“GBL”) §349; (2) violations of GBL §349-d; (3) breach of contract; (4) breach of the implied covenant of good faith and fair dealing; and (5) unjust enrichment. See id. at

 
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