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

Filing 87

ORDER DIRECTING PLAINTIFF TO FILE STATEMENT. Statement due by 8/31/2017. Signed by Judge Haywood S. Gilliam, Jr. on 8/29/2017. (ndrS, COURT STAFF) (Filed on 8/29/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NORTH STAR GAS COMPANY,
Plaintiff,

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Case No. 15-cv-02575-HSG
ORDER DIRECTING PLAINTIFF TO
FILE STATEMENT

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

United States District Court
Northern District of California

Defendants.
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Defendant’s motion to dismiss the First Amended Complaint (“MTD”) is pending in this

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matter. Among other things, the MTD seeks dismissal of Plaintiff’s Section 2 Sherman Act claim

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alleging attempted monopolization. The Court notes that on May 19, 2017, the plaintiff in the

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action titled United Energy Trading, LLC v. Pac. Gas and Elec., 15-cv-2383, stipulated to

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dismissal of the substantially similar Section 2 Sherman Act claim in that case. The Court further

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notes that the plaintiff in United Energy Trading is represented by the same counsel who represent

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Plaintiff in this case. Accordingly, the Court DIRECTS Plaintiff to file a statement by August 31,

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2017 indicating whether it seeks to continue to pursue the Section 2 Sherman Act claim in this

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case. If Plaintiff seeks to pursue this claim, Plaintiff should explain what, if any, circumstances

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distinguish this case from United Energy Trading.

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IT IS SO ORDERED.
Dated: 8/29/2017
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge