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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 VISTA ENERGY MARKETING, LP, 8 Plaintiff, 9 10 11 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. 12 13 Defendant’s motion to dismiss the Complaint (“MTD”) is pending in this matter. Among 14 other things, the MTD seeks dismissal of Plaintiff’s Section 2 Sherman Act claim alleging 15 attempted monopolization. The Court notes that on May 19, 2017, the plaintiff in the action titled 16 United Energy Trading, LLC v. Pac. Gas and Elec., 15-cv-2383, stipulated to dismissal of the 17 substantially similar Section 2 Sherman Act claim in that case. The Court further notes that the 18 plaintiff in United Energy Trading is represented by the same counsel who represent Plaintiff in 19 this case. Accordingly, the Court DIRECTS Plaintiff to file a statement by August 31, 2017 20 indicating whether it seeks to continue to pursue the Section 2 Sherman Act claim in this case. If 21 Plaintiff seeks to pursue this claim, Plaintiff should explain what, if any, circumstances distinguish 22 this case from United Energy Trading. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: 8/29/2017 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge

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