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

Filing 3116

ORDER granting ECF No. 3111 Stipulation for Court to Separate Claims against Settling Defendants El Paso, Centerpoint and Genon, and Retain Jurisdiction Over Those Claims for the Purpose of Approving Settlements. Signed by Judge Robert C. Jones on 2/19/2019. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
IN RE WESTERN STATES WHOLESALE
NATURAL GAS ANTITRUST LITIGATION

MDL 1566
CV-S-03-1431-RCJ-PAL
BASE FILE

THIS DOCUMENT RELATES TO:
Arandell Corp., et al. v. Xcel Energy Inc.,
et al.
NewPage Wisconsin System Inc., et al. v. CMS Energy
Resource Management Company, et al.

Case No. 2:07-CV-01019-RCJ-PAL
Case No. 2:09-CV-00915-RCJ-PAL

STIPULATION AND JOINT MOTION FOR COURT TO SEPARATE CLAIMS
AGAINST SETTLING DEFENDANTS EL PASO, CENTERPOINT AND GENON, AND
RETAIN JURISDICTION OVER THOSE CLAIMS FOR THE PURPOSE OF
APPROVING SETTLEMENTS

WHEREAS, in October 2018, plaintiffs in the above-captioned cases (the “Wisconsin
Plaintiffs,” in the “Wisconsin Actions”) reached an agreement in principle to settle all their claims
against the following Defendants:
(1) El Paso Corporation (n/k/a El Paso LLC), and El Paso Merchant Energy,
L.P. (n/k/a El Paso Marketing Company, L.L.C.) (collectively “El Paso”);
(2) CenterPoint Energy Services, Inc., (“CenterPoint,” collectively with El
Paso, the “Settled Defendants”); and
(3) Reliant Energy, Inc. (n/k/a GenOn Energy, Inc.), and Reliant Energy
Services, Inc. (n/k/a RRI Energy Services, LLC) (collectively “Reliant,” and
with the Wisconsin Plaintiffs and Settled Defendants, “Parties”).

WHEREAS, the proposed class settlements would resolve all remaining claims by the
Wisconsin Plaintiffs against the Settled Defendants, and thus would result, if approved, in the final
and complete dismissal of the Wisconsin Plaintiffs’ claims against the Settled Defendants;
WHEREAS, the Wisconsin Plaintiffs’ separate settlement with Reliant, in the Bankruptcy
Court of the Southern District of Texas (the “Bankruptcy Court”), when consummated, is
conditioned on the dismissal of all the Wisconsin Plaintiffs’ claims against Reliant in these
Wisconsin Actions;
WHEREAS, the Reliant settlement only becomes effective when the separate class
settlement between the Wisconsin Plaintiffs and CenterPoint here is finally approved;
WHEREAS, on January 14, 2019, the Court entered its Order granting motions for
suggestions of remand filed in all remaining cases consolidated in this Court (ECF. No. 3105);
WHEREAS, this Court has successfully overseen several class settlements in this
consolidated litigation over the last three years;
WHEREAS, the Parties accordingly contemplated and agreed as part of their settlements
that this Court should retain the Wisconsin Plaintiffs’ claims against the Settled Defendants and
Reliant for purposes of settlement approval and consummating the settlements, thereby obviating
any need to remand the Wisconsin Plaintiffs’ claims against the Settled Defendants and Reliant to
the transferor court for trial and avoiding unnecessary delay;
WHEREAS, the Parties believe that this Court’s retention of jurisdiction over the
Wisconsin Plaintiffs’ claims against the Settled Defendants and Reliant will be the most effective
means to complete consummation of those settlements quickly and to provide tens of millions of
dollars in additional recovery to Wisconsin class members in the most expeditious manner
possible;

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WHEREAS, on February 1, 2019, the Wisconsin Plaintiffs filed their motion for
preliminary approval of the class action settlements in the Wisconsin Actions with El Paso and
CenterPoint (ECF No. 3109).
NOW THEREFORE, the Wisconsin Plaintiffs, Settled Defendants, and Reliant jointly and
respectfully stipulate that this Court should retain jurisdiction over the Wisconsin Plaintiffs’ claims
in the Wisconsin Actions against the Settled Defendants and Reliant for the purpose of overseeing
the class settlement approval process, and thus request that the Court consent to retain jurisdiction
over these settlements for the purposes of (a) overseeing the class settlement approval process with
El Paso and CenterPoint and the dismissal of claims against Reliant, and (b) if the settlements
satisfy the requirements for final approval, entering final judgments fully resolving and dismissing
the Wisconsin Plaintiffs’ claims in the Wisconsin Actions against the Settled Defendants and
Reliant.

IT IS SO ORDERED:
_______________________________________
Hon. Robert C. Jones
United States District Judge
DATED:

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February 18, 2019

Respectfully submitted,
On behalf of the Wisconsin Plaintiffs
/s/ Ryan M. Billings
Robert L. Gegios
Ryan M. Billings
Melinda A. Bialzik
KOHNER, MANN & KAILAS, S.C.
4650 N. Port Washington Road
Milwaukee, WI 53212
Telephone: [phone]
Email: [e-mail]
Counsel for Plaintiffs Arandell Corp., et al
and NewPage Wisconsin System, et al.;
On behalf of El Paso Corporation (n/k/a El Paso
LLC) and El Paso Merchant Energy, L.P. (n/k/a El
Paso Marketing, L.L.C.):
/s/ Bradley C. Weber
Bradley C. Weber
Locke Lord LLP
2200 Ross Avenue, Suite 2800
Dallas, TX 75201
Telephone: [phone]
Email: [e-mail]
Counsel for El Paso; -ANDOn behalf of CenterPoint Energy Services, Inc.,
Reliant Energy, Inc., (n/k/a GenOn Energy, Inc.),
and Reliant Energy Services, Inc., (n/k/a RRI
Energy Services, LLC)
/s/ Neal Tomlinson
Neal Tomlinson
HYPERION ADVISORS
3960 Howard Hughes Parkway Suite 500
Las Vegas, NV 89169
Telephone: [phone]
Email: [e-mail]
Counsel for CenterPoint and Reliant

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