Vista Energy Marketing, LP v. Pacific Gas & Electric Company et al

Filing 42

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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VISTA ENERGY MARKETING, LP,

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Plaintiff,

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v.

Case No. 16-cv-04019-HSG
ORDER DIRECTING PLAINTIFF TO
FILE STATEMENT

PACIFIC GAS & ELECTRIC COMPANY,
et al.,

United States District Court
Northern District of California

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

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

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

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United Energy Trading, LLC v. Pac. Gas and Elec., 15-cv-2383, stipulated to dismissal of the

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

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

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this case. Accordingly, the Court DIRECTS Plaintiff to file a statement by August 31, 2017

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indicating whether it seeks to continue to pursue the Section 2 Sherman Act claim in this case. If

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Plaintiff seeks to pursue this claim, Plaintiff should explain what, if any, circumstances distinguish

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this case from United Energy Trading.

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IT IS SO ORDERED.

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Dated: 8/29/2017
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HAYWOOD S. GILLIAM, JR.
United States District Judge