Solyndra Residual Trust ex rel. Neilson v. Suntech Power Holdings Co.

Docket'

ORDER DENYING DEFENDANTS’ JOINT MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT

Solyndra LLC (“Solyndra”) was a domestic manufacturer of tubular solar panels which declared bankruptcy in late 2011. The Solyndra Residual Trust, as the assignee of Solyndra’s assets, brings this antitrust action alleging that various China-based solar panel manufacturers engaged in a predatory price-fixing conspiracy to drive domestic solar panel manufacturers, including Solyndra, out of business by selling their Chinese-made panels at below-market prices in the United States. The First Amended Complaint (“FAC”), the operative pleading before the Court, *1034 alleges a federal claim under the Sherman Antitrust Act, 15 U.S.C. § 1 , and various supplemental state law claims against the following Defendants: Suntech Power Holdings Co., Ltd.; (“Suntech”); Suntech America, Inc. (“Suntech America”); Trina Solar Limited (“Trina”); Trina Solar (U.S.) Inc. (“Trina U.S.”); Yingli Green Energy Holding Company Limited (“Ying-li”);’ and Yingli Green Energy Americas (“Yingli Americas”).

The parties are presently before the Court on Defendants’ Joint Motion to Dismiss Plaintiffs First Amended…