Fishman v. Tiger Natural Gas, Inc.
Filing
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ORDER GRANTING TIGER'S MOTION FOR LEAVE TO FILE AMENDED ANSWER TO PLAINTIFFS' THIRD AMENDED COMPLAINT by Judge William Alsup [granting #195 Motion for Leave to File]. Amended answer due by NOON on 11/26/2018. (whasec, COURT STAFF) (Filed on 11/19/2018)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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EMILY FISHMAN and SUSAN FARIA,
individually and on behalf of all others
similarly situated,
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No. C 17-05351 WHA
Plaintiffs,
v.
ORDER GRANTING
TIGER’S MOTION FOR
LEAVE TO FILE AMENDED
ANSWER TO PLAINTIFFS’
THIRD AMENDED
COMPLAINT
TIGER NATURAL GAS, INC., an Oklahoma
corporation; COMMUNITY GAS CENTER
INC., a Colorado corporation; JOHN DYET,
an individual; and DOES 3–100,
Defendants.
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/
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In this putative class action for fraudulent telemarketing, defendant gas supplier seeks
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leave to amend its answer to include additional factual allegations to support its affirmative
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defenses.
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The controversy allegedly began when defendant Tiger Natural Gas, Inc., through
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defendant Community Gas Center Inc. (“CGC”), called each of plaintiffs Emily Fishman and
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Susan Faria to solicit them to buy natural gas from Tiger through its price protection program.
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Plaintiffs’ allegations have been summarized in prior orders (see, e.g., Dkt. No. 175).
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In July 2018, plaintiffs moved to strike Tiger’s affirmative defenses to the operative
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third amended complaint. A September 18 order granted in part and denied in part plaintiffs’
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motion to strike without a hearing, striking thirty-four of Tiger’s thirty-five affirmative
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defenses. That order gave Tiger until October 4 to file a motion for leave to amend its answer.
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Tiger timely moved for leave to amend and submitted a proposed amended answer. At oral
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argument the undersigned judge indicated his tentative view that Tiger asserted too many
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conclusory affirmative defenses which lacked sufficient facts. Tiger was allowed to submit a
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new proposed answer, limited to pleading additional relevant facts supporting only those
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affirmative defenses previously asserted in its proposed amended answer. Tiger timely
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submitted a second proposed amended answer (Dkt. Nos. 116, 175, 195, 236, 241).
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The undersigned judge has reviewed the proposed amendments to Tiger’s six
operate to bar one or more of plaintiffs’ claims to relief, that can be determined at trial or on a
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For the Northern District of California
affirmative defenses and concludes they are not entirely futile. Although they may or may not
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United States District Court
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motion for summary judgment. For present purposes, these defenses have been sufficiently
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pleaded. Tiger’s motion for leave to amend is GRANTED. This order in no way suggests that
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Tiger has or will ultimately prevail on any of its affirmative defenses, only that enough
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plausibility has been shown to allow Tiger the chance to do so. Tiger must file and serve an
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amended answer that comports with this order by NOVEMBER 26 AT NOON.
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IT IS SO ORDERED.
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Dated: November 19, 2018.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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