In Re: Western States Wholesale Natural Gas Antitrust Litigation (MDL 1566)

Filing 2074

AMENDED JUDGMENT. Signed by Clerk of Court, Lance S. Wilson on 8/18/11. (Copies have been distributed pursuant to the NEF - ECS)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
In re: Western States Wholesale Natural Gas
Antitrust Litigation
JUDGMENT IN A CIVIL CASE
Case Number: 2:03-CV-1431 PMP-PAL
Jury Verdict. This action came before the Court for a trial by jury. The issues have been
tried and the jury has rendered its verdict.
Decision by Court. This action came to trial or hearing before the Court. The issues
have been tried or heard and decision has been rendered.
Notice of Acceptance with Offer of Judgment. A notice of acceptance with offer of
judgment has been filed in this case.
IT IS ORDERED AND ADJUDGED
Defendants’ Joint Renewed Motion and Motion for Summary Judgment (Doc. #1880) is hereby
GRANTED in part and DENIED in part as follows:
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In Learjet, et al. v. ONEOK, Inc., et al., 2:06-CV-00233-PMP-PAL, all of Plaintiff’s
claims in the Second Amended Complaint (Doc. #1857) are hereby dismissed as preempted
against the following Defendants: ONEOK, Inc.; ONEOK Energy Marketing & Trading Co.,
L.P.; The Williams Companies, Inc.; Williams Merchant Services Company, Inc.; Williams
Energy Marketing & Trading; American Electric Power Company, Inc.; AEP Energy Services,
Inc.; Duke Energy Trading and Marketing, L.L.C.; Dynegy Marketing & Trade; El Paso
Corporation; El Paso Merchant Energy, L.P.; CMS Marketing Services & Trading Company;
CMS Field Services; Reliant Energy Services, Inc.; Coral Energy Resources, L.P.; Xcel Energy,
Inc.; ePrime, Inc.
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In Heartland Regional Medical Center, et al. v. ONEOK, Inc., et al., 2:07-CV-00987PMP-PAL, all of Plaintiff’s claims in the Amended Complaint (Doc. #1863) are hereby
dismissed as preempted against the following Defendants: ONEOK, Inc.; ONEOK Energy
Marketing & Trading Co., L.P.; The Williams Companies, Inc.; Williams Merchant Services
Company, Inc.; Williams Energy Marketing & Trading; Duke Energy Trading and Marketing,
L.L.C.; Dynegy Marketing & Trade; El Paso Corporation; El Paso Merchant Energy, L.P.; CMS
Marketing Services & Trading Company; CMS Field Services; Reliant Energy Services, Inc.;
Coral Energy Resources, L.P.; Xcel Energy, Inc.; ePrime, Inc.
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In Breckenridge Brewery of Colorado, LLC, et al. v. ONEOK, Inc., et al., 2:06-cv-01351PMP-PAL, all of Plaintiff’s claims in the Amended Complaint (Doc. #717) are hereby dismissed
as preempted against the following Defendants: Xcel Energy, Inc.; ePrime Energy Marketing,
Inc.

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In Reorganized FLI, Inc. v. Williams Companies Inc., et al., 2:05-CV-01331-PMP-PAL,
all of Plaintiff’s claims in the Amended Complaint (Doc. #11 in 2:05-CV-01331-PMP-PAL) are
hereby dismissed as preempted against the following Defendants: ONEOK, Inc.; ONEOK
Energy Marketing & Trading Co., L.P.; The Williams Companies, Inc.; Williams Merchant
Services Company, Inc.; Williams Energy Marketing & Trading; American Electric Power
Company, Inc.; AEP Energy Services, Inc.; Duke Energy Trading and Marketing, L.L.C.;
Dynegy Marketing & Trade; El Paso Corporation; El Paso Merchant Energy, L.P.; CMS
Marketing Services & Trading Company; CMS Field Services, Inc.; Reliant Energy Services,
Inc.; Coral Energy Resources, L.P.; Xcel Energy, Inc.; ePrime, Inc.
•
In Arandell Corp., et al. v. Xcel Energy, Inc., et al., 2:07-CV-01019-PMP-PAL, all of
Plaintiff’s claims in the Corrected Second Amended Complaint (Doc. # 190 in 2:07-CV-01019PMP-PAL) are hereby dismissed as preempted against the following Defendants: Xcel Energy,
Inc.; Northern States Power Company; CMS Energy Resources Management Company (f/k/a
CMS Marketing Services and Trading Company); Coral Energy Resources, L.P.; Duke Energy
Trading and Marketing, L.L.C.; Dynegy Illinois Inc.; DMT G.P. L.L.C.; Dynegy GP Inc.;
Dynegy Marketing and Trade; ePrime, Inc.; El Paso Corporation; El Paso Merchant Energy,
L.P.; ONEOK, Inc.; ONEOK Energy Services Company L.P. (f/k/a ONEOK Energy Marketing
and Trading Company, L.P.); Reliant Energy Services, Inc.; The Williams Companies, Inc.;
Williams Power Company, Inc. (Williams Energy Marketing & Trading); Williams Merchant
Services Company, Inc.
•
In Arandell Corp., et al. v. CMS Energy Corp., et al., 2:09-CV-01103-PMP-PAL, all of
Plaintiff’s claims in the Amended Complaint (Doc. #10-2 in 2:09-CV-01103-PMP-PAL) are
hereby dismissed as preempted against the following Defendants: CMS Energy Corporation;
CMS Energy Resources Management Company (f/k/a CMS Marketing Services and Trading
Company); Cantera Gas Company, LLC (f/k/a CMS Field Services, Inc.).
•
In NewPage Wisconsin System, Inc. v. CMS Energy Resource Management Co., et al.,
2:09- CV-00915-PMP-PAL, all of Plaintiff’s claims in the Amended Complaint (Doc. #1952) are
hereby dismissed as preempted against the following Defendants: CMS Energy Resources
Management Company (f/k/a CMS Marketing Services and Trading Company); Xcel Energy,
Inc.; Northern States Power Company; Coral Energy Resources, L.P.; Duke Energy Trading and
Marketing, L.L.C.; Dynegy Illinois Inc.; DMT G.P. L.L.C.; Dynegy GP Inc.; Dynegy Marketing
and Trade; ePrime, Inc.; El Paso Corporation; El Paso Marketing, L.P.; ONEOK, Inc.; ONEOK
Energy Services Company L.P. (f/k/a ONEOK Energy Marketing and Trading Company, L.P.);
Reliant Energy Services, Inc.; The Williams Companies, Inc.; Williams Power Company, Inc.
(Williams Energy Marketing & Trading); Williams Merchant Services Company, Inc.
The motion is DENIED as to the remaining Defendant in Learjet, et al. v. ONEOK, Inc.,
et al., and Heartland Regional Medical Center, et al. v. ONEOK, Inc., et al., 2:07-CV-00987PMP¬PAL, Defendant Kansas Gas Marketing Company.
The ePrime Defendants’ Notice of Motion and Motion for Partial Summary Judgment Based on
Preemption (Doc. #1884) is hereby GRANTED as follows:

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•
In Sinclair Oil Corporation v. e-Prime, Inc. & Xcel Energy Inc., 2:06-CV-00267-PMPPAL, counts 3 through 11 of Plaintiff’s Complaint (Doc. #1 in 2:06-CV-00267-PMP-PAL) are
hereby dismissed as preempted against the following Defendants: Xcel Energy, Inc.; ePrime, Inc.
Dynegy Inc. and Dynegy Marketing and Trade’s Motion for Partial Summary Judgment (Doc.
#1891) is hereby GRANTED as follows:
•
In Multiut Corporation v. Dynegy, Inc., et al., 2:05-CV-01300-PMP-PAL, counts 2 and 3
of Plaintiff’s Complaint (Doc. #1 in 2:05-CV-01300-PMP-PAL) are hereby dismissed as
preempted against the following Defendants: Dynegy, Inc.; Dynegy Marketing and Trade.
ONEOK Energy Services Company’s Motion for Partial Summary Judgment (Doc. #1944) is
hereby GRANTED as follows:
•
In Sinclair Oil Corporation v. OneOK Energy Services Company, L.P., 2:06-CV-00282PMP-PAL, counts 1-6, 8, and 10 of Plaintiff’s claims in the Complaint (Doc. #1 in 2:06-CV00282-PMP-PAL) are hereby dismissed as preempted against the following Defendants:
ONEOK Energy Services Company, L.P.
Plaintiffs’ Motion for Class Certification (Doc. #1383) and Plaintiffs’ Motion for Class
Certification (Doc. #1394) are hereby DENIED as moot.
To the extent this Order results in judgment against fewer than all Defendants and/or judgment
on fewer than all claims in any of the above actions, the Court directs final judgment be entered
on the above-identified claims for the above-identified Defendants, as no just reason for delay
exists.

August 18, 2011 Las Vegas NV
DATE

CLERK

(By) DEPUTY CLERK

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