North Star Gas Company v. Pacific Gas and Electric Company et al

Northern District of California, cand-4:2015-cv-02575

ORDER DIRECTING PLAINTIFF TO FILE STATEMENT. Statement due by 8/31/2017. Signed by Judge Haywood S. Gilliam, Jr. on 8/29/2017.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NORTH STAR GAS COMPANY, Case No. 15-cv-02575-HSG 8 Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE STATEMENT 9 v. 10 PACIFIC GAS AND ELECTRIC COMPANY, et al., 11 Defendants. 12 Northern District of California United States District Court 13 Defendant's motion to dismiss the First Amended Complaint ("MTD") is pending in this 14 matter. Among other things, the MTD seeks dismissal of Plaintiff's Section 2 Sherman Act claim 15 alleging attempted monopolization. The Court notes that on May 19, 2017, the plaintiff in the 16 action titled United Energy Trading, LLC v. Pac. Gas and Elec., 15-cv-2383, stipulated to 17 dismissal of the substantially similar Section 2 Sherman Act claim in that case. The Court further 18 notes that the plaintiff in United Energy Trading is represented by the same counsel who represent 19 Plaintiff in this case. Accordingly, the Court DIRECTS Plaintiff to file a statement by August 31, 20 2017 indicating whether it seeks to continue to pursue the Section 2 Sherman Act claim in this 21 case. If Plaintiff seeks to pursue this claim, Plaintiff should explain what, if any, circumstances 22 distinguish this case from United Energy Trading. 23 IT IS SO ORDERED. 24 Dated: 8/29/2017 25 ______________________________________ HAYWOOD S. GILLIAM, JR. 26 United States District Judge 27 28