Persian Gulf Inc. v. BP West Coast Products LLC

ORDER DENYING PLAINTIFF’S MOTION FOR LIMITED DISCOVERY AND SETTING FORTH NEW DEADLINE TO FILE AMENDED COMPLAINT

I. BACKGROUND

Plaintiff brought this action against the Defendants in the Superior Court of the State of California claiming the Defendants violated the Cartwright Act and the Unfair Competition Law. Plaintiff primarily alleged a price-fixing conspiracy among the Defendants. The Defendants removed the case to federal court under 28 U.S.C. §§ 1332 , 1463, and 1441. (ECF No. 1.) On March 7, 2016, Defendants moved to dismiss the complaint in its entirety, pursuant to Fed. R. Civ. P. 12(b)(6). (ECF No. 47.)

On July 14, 2016, the Honorable Judge M. James Lorenz Granted Defendants’ Motion to Dismiss for Failure to State a Claim with leave to amend. (ECF No. 66.) In that order, Judge Lorenz noted that the question before the court was whether Plaintiff pled sufficient facts to provide a plausible basis from which the Court can infer the alleged agreements’ existence. (Id. at 6.) After a thorough analysis, the Court concluded that Plaintiff had not alleged sufficient facts to “nudge (its) claim across the line from conceivable to plausible.” (Id. at 11 citing Bell Atl. Corp.…