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

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

ORDER DIRECTING SUPPLEMENTAL BRIEFING ON DEFENDANTS' {{60}} MOTION TO DISMISS. Signed by Judge Haywood S. Gilliam, Jr. on 1/24/2017.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 NORTH STAR GAS COMPANY, 7 Case No. 15-cv-02575-HSG Plaintiff, 8 ORDER DIRECTING SUPPLEMENTAL v. BRIEFING ON DEFENDANTS' 9 MOTION TO DISMISS PACIFIC GAS AND ELECTRIC 10 COMPANY, et al., Re: Dkt. No. 60 11 Defendants. 12 Northern District of California United States District Court 13 The parties are directed to submit simultaneous supplemental briefs, not to exceed 15 14 pages, focusing on the legal basis for allowing (or prohibiting) a showing of anticompetitive 15 conduct under Section 2 in a regulated industry based on a "business torts" theory, however 16 named. The parties should discuss why the Court should or should not extend the application of 17 Section 2 to this case under the Ninth Circuit's analysis in MetroNet Servs. Corp. v. Qwest Corp., 18 383 F.3d 1124 (9th Cir. 2004), and why the Court should or should not make that determination as 19 a matter of law at the motion to dismiss stage. 20 In addition, the parties are directed to submit a list of Supreme Court and Circuit Court 21 cases that consider the application of Verizon to allegedly anticompetitive conduct in regulated industries. The briefs must be submitted by February 6, 2017. No responsive filings are 22 permitted. 23 IT IS SO ORDERED. 24 Dated: 1/24/2017 25 ______________________________________ 26 HAYWOOD S. GILLIAM, JR. 27 United States District Judge 28