Comanchie Peak Power Company LLC v. Quasar Resources Pty Ltd
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 COMANCHE PEAK POWER Case No.: 20-cv-1731-GPC-LL
COMPANY LLC,
ORDER GRANTING IN PART AND
Plaintiff, DENYING IN PART DEFENDANT’S v. MOTION TO DISMISS
QUASAR RESOURCES PTY LTD,
[ECF No. 4] Defendant.
Before this Court is Defendant’s Motion to Dismiss Complaint (“MTD”) pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (“Rule 12(b)(6)”). ECF No. 4. Upon considering the moving papers, response and reply, the Court GRANTS IN PART and DENIES IN PART Defendant’s Motion, with leave for Plaintiff to amend the Complaint. I. BACKGROUND Plaintiff is a nuclear energy facility. Compl. ¶ 2, ECF No. 1. It purchases uranium, a commodity, which is enriched and then used in the energy generating process. Id. Defendant sells Triuranium Octoxide (“U3O8”), which is a compound of uranium that 27 is used in the nuclear fuel cycle. See id. ¶ 14. Thus, according…