In Re: Western States Wholesale Natural Gas Antitrust Litigation (MDL 1566)
ORDER denying ECF No. 2673 Motion to Reconsider; granting ECF No. 2677 Motion to Clarify. Signed by Judge Robert C. Jones on 1/5/2017. (Copies have been distributed pursuant to the NEF - KR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
In re WESTERN STATES WHOLESALE
NATURAL GAS ANTITRUST
MDL No. 1566
These consolidated cases arise out of the energy crisis of 2000–2002. Plaintiffs (retail
buyers of natural gas) allege that Defendants (natural gas traders) manipulated the price of
natural gas by reporting false information to price indices published by trade publications and
engaging in wash sales. On November 16, 2016, the Court ruled on 19 of 40 pending motions.
The present order concerns two motions for reconsideration as to the November 16, 2016 order.
First, Plaintiffs in Case Nos. 2:07-cv-1019 and 2:09-cv-915 previously asked the Court to
overrule the Magistrate Judge’s order of September 13, 2016 denying their motion to compel.
The Court denied the motion as untimely. But even assuming for the sake of argument that the
motion was timely, the Court cannot find that the Magistrate Judge committed clear error in
finding that CES did not waive the attorney–client privilege when Mr. Sullivan spoke to Mr.
Hepburn in preparation for his Rule 30(b)(6) deposition and, accordingly, denying the motion to
Second, several parties have asked the Court to clarify or reconsider its ruling on
November 16, 2016 that “Any dispositive motions filed by the December 8, 2016 deadline will
also be argued at that time [January 26, 2017], and the Court will not extend the December 8,
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2016 deadline.” They note that the Magistrate Judge approved a previous stipulation by the
parties extending the dispositive motions deadline to January 13, 2017. The Court will permit
dispositive motions to be filed by January 13, 2017, in accordance with the stipulation approved
by the Magistrate Judge on August 17, 2016. When authoring the previous order, the Court did
not notice the latest stipulated amendment to the scheduling order because the title of the
relevant stipulation and order did not include the words “scheduling order” or “dispositive
motions deadline” but were titled “[ORDER granting ECF No. 2507] Motion to Modify Class
Certification and Merits Expert Report Deadlines.” The latest entry in the docket referring to the
“scheduling order” was the May 31, 2016 order of the Magistrate Judge approving a stipulation
to amend the scheduling order to designate December 8, 2016 as the dispositive motions
deadline. In summary, the deadline is January 13, 2017, and if any party filed a dispositive
motion between the entry of the Court’s November 16, 2016 order and December 8, 2016 and
wishes to refile the motion on or before January 13, 2017, it may do so but should also withdraw
the previous motion to avoid duplication. Only unwithdrawn motions filed on or before
December 8, 2016 will be heard on January 26, 2017.
IT IS HEREBY ORDERED that the Motion to Reconsider (ECF No. 2673) is DENIED.
IT IS FURTHER ORDERED that the Motion to Clarify (ECF No. 2677) is GRANTED.
IT IS SO ORDERED.
5th day January, 2016.
Dated this 13th day of December,2017.
ROBERT C. JONES
United States District Judge
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