Modesto Irrigation District v. Pacific Gas & Electric Co.

MEMORANDUM AND ORDER

Motion for Summary Judgment

On August 3, 1998, plaintiff Modesto Irrigation District (“MID”) filed a complaint in this court against defendant Pacific Gas and Electric Company (“PG & E”). In pertinent part, MID’s complaint alleges that PG & E violated the Sherman Act, 15 U.S.C. §§ 1 , 2, and related provisions of state law when it attempted to prevent MID from offering electric services in Pittsburg, California. On February 2, 1999, this court dismissed MID’s clams under Federal Rule of Civil Procedure 12(b)(6), granting MID leave to amend. See Modesto Irrigation Dist. v. Pacific Gas & Elec. Co., 61 F.Supp.2d 1058, 1067-68 (N.D.Cal.1999). MID filed its first amended complaint on March 4, 1999, and this court again dismissed the action under Federal Rule of Civil Procedure 12(b)(6). See Modesto Irrigation Dist. v. Pacific Gas & Elec. Co., 61 F.Supp.2d 1058 (N.D.Cal.1999) (denying leave to amend). In an unpublished disposition, the Ninth Circuit reversed. Modesto Irrigation Dist. v. Pacific Gas & Elec. Co., 54 Fed.Appx. 882 (9th Cir.2002).

Two weeks after the Ninth Circuit entered its decision, MID filed a second amended complaint in this court. The parties…