Vista Energy Marketing, LP v. Pacific Gas & Electric Company et al
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
VISTA ENERGY MARKETING, LP,
Case No. 16-cv-04019-HSG
ORDER DIRECTING PLAINTIFF TO
PACIFIC GAS & ELECTRIC COMPANY,
United States District Court
Northern District of California
Defendant’s motion to dismiss the Complaint (“MTD”) is pending in this matter. Among
other things, the MTD seeks dismissal of Plaintiff’s Section 2 Sherman Act claim alleging
attempted monopolization. The Court notes that on May 19, 2017, the plaintiff in the action titled
United Energy Trading, LLC v. Pac. Gas and Elec., 15-cv-2383, stipulated to dismissal of the
substantially similar Section 2 Sherman Act claim in that case. The Court further notes that the
plaintiff in United Energy Trading is represented by the same counsel who represent Plaintiff in
this case. Accordingly, the Court DIRECTS Plaintiff to file a statement by August 31, 2017
indicating whether it seeks to continue to pursue the Section 2 Sherman Act claim in this case. If
Plaintiff seeks to pursue this claim, Plaintiff should explain what, if any, circumstances distinguish
this case from United Energy Trading.
IT IS SO ORDERED.
HAYWOOD S. GILLIAM, JR.
United States District Judge
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