Flannery Assoc. LLC v. Barnes Family Ranch Assoc., LLC

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FLANNERY ASSOCIATES LLC, No. 2:23-cv-00927-TLN-AC 12 Plaintiff, 13 v. ORDER 14 BARNES FAMILY RANCH ASSOCIATES, LLC, et al., 15 Defendants. 16 17 18 This matter is before the Court on Defendants1 Barnes Family Ranch Associates, LLC, et 19 al.’s (collectively, “Defendants”) Motion to Dismiss under Federal Rule of Civil Procedure 20 (“Rule”) 12(b)(6). (ECF No. 78.) Plaintiff Flannery Associates LLC (“Plaintiff”) filed an 21 opposition. (ECF No. 80.) Defendants filed a reply. (ECF No. 82.) On March 7, 2024, the 22 Court held a hearing on Defendants’ motion. (ECF No. 106.) For the reasons set forth below, the 23 Court DENIES Defendants’ motion. 24 /// 25 /// 26 /// 27 1 The Court notes all named Defendants in this action, except Richard Anderson, are party 28 to the instant motion. Richard Anderson filed an Answer to Plaintiff’s Complaint. (ECF No. 53.) 1 I. FACTUAL AND PROCEDURAL BACKGROUND 2 This case arises out of an alleged horizontal price-fixing conspiracy…