E. & J. Gallo Winery v. EnCana Energy Services, Inc.

MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS, OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT OR ADJUDICATION, OR TO DISMISS PURSUANT TO FRCP 12(b)(3)

INTRODUCTION

This is an action for damages and declaratory relief by plaintiff E. & J. Gallo Winery (“Gallo”) against defendants En-Cana Corp. (“EnCana”), a Canadian producer of natural gas, and WD Energy Services, Inc. (“WD”) (formerly EnCana Energy Services, formerly Pan Canadian Energy Services, Inc.), a wholly-owned marketing subsidiary of EnCana Corp. (collectively, “Defendants”). On January 24, 2005, Gallo filed its first amended complaint for damages, disgorgement/restitution, constructive trust, and injunctive relief (the “FAC”), which differs from the original complaint in that it clarifies that Gallo is claiming damages on behalf of itself and Gallo’s affiliated companies. On February 9, 2005, Defendants filed the instant motion to dismiss pursuant to FRCP 12(b)(6), or in the alternative to transfer or dismiss pursuant to FRCP 12(b)(3), or in the alternative to strike allegations in the complaint (the “Motion to Dismiss the FAC”). Defendants contend the preclu-sive effects of prior litigation between…