State of California v. Valero Energy Corporation et al

Filing 13

ORDER DENYING TRO, SETTING BRIEFING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION, AND GRANTING LIMITED DISCOVERY Signed by Judge Alsup on 7/12/2017. (whalc1, COURT STAFF) (Filed on 7/12/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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STATE OF CALIFORNIA,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 17-03786 WHA

v.
VALERO ENERGY CORPORATION,
VALERO ENERGY PARTNERS LP, and
PLAINS ALL AMERICAN PIPELINE, L.P.,

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Defendants.

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ORDER DENYING TRO,
SETTING BRIEFING
SCHEDULE FOR
PRELIMINARY INJUNCTION
MOTION, AND GRANTING
LIMITED DISCOVERY

/

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On July 10, the State of California moved for a temporary restraining order to enjoin the

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proposed sale between defendants Valero Energy Corporation, Valero Energy Partners LP

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(“Valero”), and Plains All American Pipeline, L.P. (“Plains”). For the reasons stated on the

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record, the motion is DENIED without prejudice to the State of California moving for a

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preliminary injunction.

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If it should choose to move for a preliminary injunction, the following schedule, fixed

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after consulting counsel, shall apply. The State of California shall file its motion by JULY 24.

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Defendants shall file their response by JULY 31. The State of California shall file any reply by

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AUGUST 7. A hearing on the motion is scheduled for AUGUST 16 AT 8:00 A.M. If a fact dispute

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arises necessitating an evidentiary hearing, that hearing will take place on AUGUST 23 AT 8:00

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A.M.

Both motions will be heard in Courtroom 8 on the 19th Floor of 450 Golden Gate Avenue,

San Francisco.

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Furthermore, defendants observed that their transaction has been under the investigation

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of the California Attorney General for the past several months, during which time defendants

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have fully cooperated. Defendants therefore requested limited discovery to be able to meet the

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State of California’s charges.

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Defendants are hereby granted limited discovery as set forth below. Defendants may

document requests. Finally, subject to the protective order in this action, the State of California

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shall provide defendants with all third party documents that were generated in the course of its

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investigation of the transaction between Valero and Plains. In order to protect the privacy of

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third parties, the State of California shall send each third party notice that their documents are

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For the Northern District of California

take two depositions not to exceed seven hours each. Defendants may also make limited

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United States District Court

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being produced to the defendants in this action by JULY 14. Third parties shall have one week

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from the receipt of notice to object.

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IT IS SO ORDERED.

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Dated: July 12, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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