Pacific Gas & Electric Co. v. Arizona Electric Power Cooperative, Inc.

MEMORANDUM AND ORDER

Before the Court are numerous motions seeking dismissal of the two above captioned cases. The lead case, civil case no. 2:06-cv-0559, was filed on March 16, 2006, and its companion case, civil case no. 2:06-cv-0592, was filed five (5) days later on March 21, 2006. These actions involve identical Defendants and are based on same or similar allegations, same or similar events and pose same or similar questions of fact and law.

Due to this marked similarity, the Court ordered the cases related. See Civ. Case No. 2:06-cv-0559, Docket 15, March 28, 2006. The Motions to Dismiss filed in these actions seek dismissal through virtually identical mechanisms. Given the likeness of the Parties, the underlying factual predicate, and the bases of the motions filed in both actions, the Court shall herein dispose of all pending motions in both the lead case as well as the member case (collectively, the “Action”) as set forth below.

BACKGROUND

The present Action was brought by Pacific Gas & Electric (“PG & E”), Southern California Edison Company (“SCEC”), the California Electricity Oversight Board (“CEOB”) and San Diego Gas & Electric (“SDGE”) (collectively, “Plaintiffs”)…