North Star Gas Company v. Pacific Gas and Electric Company et al

Filing 75

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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NORTH STAR GAS COMPANY,

Case No. 15-cv-02575-HSG

Plaintiff,
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ORDER DIRECTING SUPPLEMENTAL
BRIEFING ON DEFENDANTS'
MOTION TO DISMISS

v.
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PACIFIC GAS AND ELECTRIC
COMPANY, et al.,
Defendants.

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United States District Court
Northern District of California

Re: Dkt. No. 60

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The parties are directed to submit simultaneous supplemental briefs, not to exceed 15

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pages, focusing on the legal basis for allowing (or prohibiting) a showing of anticompetitive

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conduct under Section 2 in a regulated industry based on a “business torts” theory, however

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named. The parties should discuss why the Court should or should not extend the application of

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Section 2 to this case under the Ninth Circuit’s analysis in MetroNet Servs. Corp. v. Qwest Corp.,

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383 F.3d 1124 (9th Cir. 2004), and why the Court should or should not make that determination as

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a matter of law at the motion to dismiss stage.

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In addition, the parties are directed to submit a list of Supreme Court and Circuit Court

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cases that consider the application of Verizon to allegedly anticompetitive conduct in regulated

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industries. The briefs must be submitted by February 6, 2017. No responsive filings are
permitted.
IT IS SO ORDERED.
Dated: 1/24/2017
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HAYWOOD S. GILLIAM, JR.
United States District Judge