North Star Gas Company v. Pacific Gas and Electric Company et al
ORDER DIRECTING SUPPLEMENTAL BRIEFING ON DEFENDANTS' 60 MOTION TO DISMISS. Signed by Judge Haywood S. Gilliam, Jr. on 1/24/2017. (ndrS, COURT STAFF) (Filed on 1/24/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
NORTH STAR GAS COMPANY,
Case No. 15-cv-02575-HSG
ORDER DIRECTING SUPPLEMENTAL
BRIEFING ON DEFENDANTS'
MOTION TO DISMISS
PACIFIC GAS AND ELECTRIC
COMPANY, et al.,
United States District Court
Northern District of California
Re: Dkt. No. 60
The parties are directed to submit simultaneous supplemental briefs, not to exceed 15
pages, focusing on the legal basis for allowing (or prohibiting) a showing of anticompetitive
conduct under Section 2 in a regulated industry based on a “business torts” theory, however
named. The parties should discuss why the Court should or should not extend the application of
Section 2 to this case under the Ninth Circuit’s analysis in MetroNet Servs. Corp. v. Qwest Corp.,
383 F.3d 1124 (9th Cir. 2004), and why the Court should or should not make that determination as
a matter of law at the motion to dismiss stage.
In addition, the parties are directed to submit a list of Supreme Court and Circuit Court
cases that consider the application of Verizon to allegedly anticompetitive conduct in regulated
industries. The briefs must be submitted by February 6, 2017. No responsive filings are
IT IS SO ORDERED.
HAYWOOD S. GILLIAM, JR.
United States District Judge
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