Federal Energy Regulatory Commission v. Barclays Bank PLC et al

Filing 106

ORDER signed by District Judge Troy L. Nunley on 10/1/2015 ORDERING the Federal Energy Regulatory Commission to file with the Court within 30 days, the administrative record used in assessing civil penalties and a motion for an order affirming the ci vil penalties assessed by the Federal Energy Regulatory Commission; ORDERING the defendants to file an opposition within 60 days of the filing of the Federal Energy Regulatory Commission's motion; ORDERING the Federal Energy Regulatory Commission to file any reply within 21 days of the filing of the defendants' opposition; BIFURCATING the determination of disengorgement from the review of liability and the assessed civil penalties. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FEDERAL ENERGY REGULATORY
COMMISSION,
Plaintiff,

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SCHEDULING ORDER
v.

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No. 2:13-cv-2093-TLN-DAD

BARCLAYS BANK PLC, DANIEL
BRIN, SCOTT CONNELLY, KAREN
LEVINE, and RYAN SMITH,
Defendants.

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The parties have briefed the nature of the subsequent proceedings in a joint status report

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and in supplemental briefing.1 (ECF Nos. 97, 101, 103.) In consideration of those arguments the

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Court issues the following Scheduling Order:


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Within 30 days after issuance of this Order, FERC shall file with the Court the
administrative record used by FERC in assessing civil penalties.

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

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Within 30 days of the filing of the record, FERC shall file a motion for an order
affirming the civil penalties assessed by FERC.

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

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Within 60 days of the filing of FERC’s motion, Defendants shall file an opposition.

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Defendants’ motion for leave to file a memorandum on the scope of de novo review under the Federal Power Act
(ECF No. 102) is denied.

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

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The Court will review FERC’s assessment to determine whether penalties shall be

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affirmed, vacated, or modified. 16 U.S.C. § 823b(d)(3)(B). The Court will also consider whether

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a determination as to this assessment requires supplementation of the record submitted by FERC

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and/or alternative means of fact-finding.

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Within 21 days of the filing of Defendants’ opposition, FERC may file a reply.

The Court hereby bifurcates its determination of disgorgement from its review of liability

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and the assessed civil penalties. The Court finds bifurcation facilities a just and expeditious

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resolution of this litigation. Exxon Co. v. Sofec, Inc., 54 F.3d 570, 575 (9th Cir. 1995).

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Accordingly, the parties may address issues relevant to disgorgement only to the extent they are

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relevant to the Court’s review of liability and civil penalties. If necessary at a later date the Court

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will set forth a schedule for a determination of disgorgement.

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Dated: October 1, 2015

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Troy L. Nunley
United States District Judge

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