Comanchie Peak Power Company LLC v. Quasar Resources Pty Ltd

Good Law
United States District Court, Southern District of CaliforniaApril 22, 20213:20-cv-01731California5,248 words

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…

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