State of California v. Valero Energy Corporation et al

Filing 13


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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 STATE OF CALIFORNIA, 11 For the Northern District of California United States District Court 10 12 13 14 Plaintiff, No. C 17-03786 WHA v. VALERO ENERGY CORPORATION, VALERO ENERGY PARTNERS LP, and PLAINS ALL AMERICAN PIPELINE, L.P., 15 Defendants. 16 ORDER DENYING TRO, SETTING BRIEFING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION, AND GRANTING LIMITED DISCOVERY / 17 On July 10, the State of California moved for a temporary restraining order to enjoin the 18 19 proposed sale between defendants Valero Energy Corporation, Valero Energy Partners LP 20 (“Valero”), and Plains All American Pipeline, L.P. (“Plains”). For the reasons stated on the 21 record, the motion is DENIED without prejudice to the State of California moving for a 22 preliminary injunction. 23 If it should choose to move for a preliminary injunction, the following schedule, fixed 24 after consulting counsel, shall apply. The State of California shall file its motion by JULY 24. 25 Defendants shall file their response by JULY 31. The State of California shall file any reply by 26 AUGUST 7. A hearing on the motion is scheduled for AUGUST 16 AT 8:00 A.M. If a fact dispute 27 arises necessitating an evidentiary hearing, that hearing will take place on AUGUST 23 AT 8:00 28 A.M. Both motions will be heard in Courtroom 8 on the 19th Floor of 450 Golden Gate Avenue, San Francisco. 1 Furthermore, defendants observed that their transaction has been under the investigation 2 of the California Attorney General for the past several months, during which time defendants 3 have fully cooperated. Defendants therefore requested limited discovery to be able to meet the 4 State of California’s charges. 5 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 8 shall provide defendants with all third party documents that were generated in the course of its 9 investigation of the transaction between Valero and Plains. In order to protect the privacy of 10 third parties, the State of California shall send each third party notice that their documents are 11 For the Northern District of California take two depositions not to exceed seven hours each. Defendants may also make limited 7 United States District Court 6 being produced to the defendants in this action by JULY 14. Third parties shall have one week 12 from the receipt of notice to object. 13 14 IT IS SO ORDERED. 15 16 Dated: July 12, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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