Board of Trustees of LeLand Stanford Junior University v. Modual A/C Systems, Inc.

ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS AND DENYING PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

This case arises from a series of contracts between the United States Department of Energy (DOE) and Plaintiff Board of Trustees of the Leland Stanford Junior University (Stanford), Stanford and PBS Building Systems, Inc. (PBS), and PBS and Defendants. Defendants move to dismiss Stanford’s complaint. Stanford opposes Defendants’ motions and moves for a preliminary injunction to prevent Defendants from enforcing the judgment obtained against Stanford in State court. Having considered all of the papers filed by the parties, the Court grants Defendants’ motions to dismiss and denies Stanford’s motion for a preliminary injunction.

BACKGROUND

Pursuant to a contract between the DOE and Stanford (the DOE contract), Stanford operates the Stanford Linear Accelerator Center (SLAC), a federal research facility, in San Mateo County.

In 1994, Stanford engaged PBS to construct and install a modular structure at SLAC. Neither Stanford nor PBS obtained a Miller Act bond. See 40 U.S.C. § 270a, et seq During the course of the project, PBS filed for bankruptcy. Although Defendants, a group…