Federal Energy Regulatory Commission v. Barclays Bank PLC et al

Filing 98

ORDER and REQUEST FOR SUPPLEMENTARY BRIEFING signed by District Judge Troy L. Nunley on 8/3/15. The parties shall provide further briefing in accordance with this order within 30 days. (Manzer, C)

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

REQUEST FOR SUPPLEMENTARY
BRIEFING

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

The Court has reviewed and considered the parties’ Joint Status Report (ECF No. 97).

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The Court requests supplementary briefing on the issue of separating the Court’s determination of

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disgorgement from a determination of Defendants’ liability and the amount in penalties, as

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discussed in the Joint Status Report, pages 18–19 and 27. FERC states expert testimony and

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discovery may be helpful for a determination of disgorgement, but is not necessary for a

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determination of liability and penalties. Defendants argue bifurcation will be prejudicial and

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inefficient. The Court requests further briefing from the parties in support of these positions.

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The Court reserves issuing a scheduling order at this juncture. The parties’ briefing

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should assume a scenario in which the Court, for the purposes of reviewing civil penalties,

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conducts a review of the record identified by FERC at page 16 of the Joint Status Report. The
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parties’ briefing should also assume briefing is completed in a manner similar to the schedule

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proposed by FERC at page 17 of the Joint Status Report. The parties need not address the scope

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of de novo review under section 31(d)(3) of the Federal Power Act.

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The parties (FERC and collectively Defendants) should limit their briefing to no more
than 10 pages per side, to be filed within 30 days of entry of this Order.

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Dated: August 3, 2015

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Troy L. Nunley
United States District Judge

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