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IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTI-TRUST LITIGATION – December 18, 2006 (TLR Note: Morrison & Foerster,Diane Pritchard, DLA Piper, Jeffrey Shohet, Duke, Williams, El Paso) )

IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTI-TRUST LITIGATION

471 F.Supp.2d 1076 (2006)

In re: WESTERN STATES WHOLSALE NATURAL GAS ANTI-TRUST LITIGATION

J.P. Morgan Trust Company, National Association, in its Capacity as Trustee of FLT Liquidating Trust, Plaintiff,

v.

The Williams Companies, Inc., et al., Defendants.

No. MDL 1566, Nos. 2:03-CV-01431-PMPPAL, 2:05-CV-01331-PMPPAL.

United States District Court, D. Nevada.

December 18, 2006.

Donald D. Barry, Barry Law Offices, L.L.C., Topeka, SK, Eric I. Unrein, Davis, Unrein, McCallister, Biggs & Head, L.L.C., Topeka, KS, Gary D. McCallister, Gary D. McCallister & Associates, Ltd, Chicago, IL, Isaac L. Diel, Isaac L. Diel Law Offices, Law Offices of Isaac L. Diel, Bonner Springs, KS, Thomas H. Brill, Law Office of Thomas H. Brill, Mission Hills, KS, for JP Morgan Trust Company, NA, Plaintiff.
Robert B. Wolinsky, Steven J. Routh, Hogan & Hartson, LLP, Washington, DC, Orrin L Harrison, III, Akin Gump Strauss Hauer & Feld LLP, Dallas, TX, Reginald D. Steer, Akin Gump Strauss Hauer & Feld LLP, San Francisco, CA, Mark E Haddad, Sidley Austin LLP, Los Angeles, CA, Joshua D. Lichtman, Fulbright & Jaworski, L.L.P., Los Angeles, CA, Joel B. Kleinman, Dickstein Shapiro Morin & Oshinsky, LLP, Washington, DC, Jerome T. Wolf, Sonnenschein Nath & Rosenthal LLP, Kansas City, MO, Leslie H. Spiegel, Dickstein Shapiro Morin & Oshinsky, LLP, Washington, DC, Douglas R. Tribble, Pillsbury Winthrop Shaw Pittman LLP, San Diego, CA, John M. Grenfell, Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA, Joseph Duffy, Morgan Lewis & Bockius, Los Angeles, CA, Diane E. Pritchard, Morrison & Foerster, San Francisco, CA, Oliver S Howard, Amelia A Fogleman, Gable & Gotwals, Mason G Patterson, Gable & Gotwals, Tulsa, OK, Joseph P. Hardy, Bullivant Houser Bailey, PC, Las Vegas, NV, James E Scarboro, Jessica Brody; Matthew Douglas, Arnold & Porter, Denver, CO, Jeffrey M. Shohet, DLA Piper Rudnick Gray Cary U.S. LLP, San Diego, CA, for AEP Energy Services, Inc., American Electric Power Company, Inc., Centerpoint Energy Inc., CMS Energy Corporation, CMS Field Services, CMS Marketing, Service & Trading Company, Coral Energy Resources, LP, Duke Energy Corporation, Duke Energy Trading & Marketing, LLC, Dynegy Marketing & Trade, e prime Inc., El Paso Corporation, El Paso Merchant Energy LP, Oneoak, Inc., Oneok Energy Marketing & Trading Company, LP, Reliant Energy Services, Reliant Energy, Inc., Western Gas Resources, Inc., Williams Companies, Inc., Williams Energy Marketing & Trading Company, Williams Merchant Services Company, Inc., Xcel Energy Inc., Defendants.

 

 

ORDER
PRO, Chief Judge.
Presently before this Court is Defendants’ Motion to Dismiss (2:05-CV-01331, Doc. # 32), filed on June 22, 2006. Plaintiff filed an Opposition (2:05-CV-01331, Doc. # 38) on August 4, 2006. Defendants filed a Reply (2:05-CV-01331, Doc. # 41) on August 18, 2006.
I. BACKGROUND
This case is one of many in consolidated Multi District Litigation arising out of the energy crisis of 2000-2001. During that time, the national energy and natural gas markets became mutually dysfunctional, and, feeding off each other spiraled into a nationwide energy crisis. Amendments to Blanket Sales Certificate, 105 F.E.R.C. ¶ 61,217, at ¶ 12, 2003 WL 22758080 (2003). The Federal Energy Regulatory Commission (“FERC”) undertook a fact finding investigation of the market crisis in which it concluded, “spot gas prices rose to extraordinary levels, facilitating the unprecedented price increase in the electricity market.” Id. FERC found the dysfunctions in the natural gas market stemmed from efforts to manipulate price indices compiled by private trade publications, including reporting of false data and wash trading.1Id.
Plaintiff originally filed this action in the District Court of Wyandotte County, Kansas. (Notice of Removal, [2:05—CV-01331, Doc. # 1] at 2.) Defendants removed the case to the United States District Court for the District of Kansas. (Id.) The Judicial Panel on Multidistrict Litigation entered a Transfer Order pursuant to 28 U.S.C. § 1407 centralizing the foregoing action in this Court for coordinated or consolidated pretrial proceedings.

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Leslie Brodie is a reporter, writer, blogger, activist, and a religious leader in the community.

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