Western States Wholesale Natural Gas Antitrust Litigation.: Settled and/or Concluded Case

• [Proposed] Order Determining Good Faith Settlement Pursuant To California Code Of Civil Procedure 877.6 (91 KB)
  Case 2:03-cv-01431-PMP-PAL Document 676 Filed 09/10/2007 Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTITRUST LITIGATION, THIS DOCUMENT RELATES TO: Texas-Ohio Energy, Inc., Plaintiff, v. Centerpoint Energy, Inc., et a!., Defendants. Fairhaven Power Company, Plaintiff, v. EnCana Corporation, et al., Defendants. Abelman Art Glass Company, Plaintiff, v. EnCana Corp., Defendants. Utility Savings & Refund Services, Inc., Plaintiff, v. Reliant Energy Services, Inc., et al. Defendants. Ever-Bloom, Inc., and Maximum Nursery, Inc., Plaintiffs, v. AEP Energy Services, Inc., et al., Defendants. MDLNo. 1566 FILED SEP 05 2007 CLERK, U.S. DISTRICT COURT DISTRICT OF NEVADA Case No. CV-S-|03-lBfQl PMP (PAL)—DEPUTY BASE FILE CV-S-O-l-0465-PMr-PAL CV-S-05-0243-PMP (PAL) CV-S-05-0437-PMP (LRL) CV-S-05-0110-PMP (LRL) CV-S-05-0808-PMP [PROPOSED] ORDER DETERMINING GOOD FAITH SETTLEMENT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCE
  
  
• [Proposed] Final Order Approving Settlements And Dismissing Setting Defendants With Prejudice (204 KB)
  Case 2:03-cv-01431-PMP-PAL Document 677 Filed 09/10/2007 Page|1 of 9 IN THE UNITED STATES DISTRICT COUR FOR THE DISTRICT OF NEVADA IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTITRUST LITIGATION THIS DOCUMENT RELATES TO: Texas-Ohio Energy, Inc., Plaintiff, Centerpoint Energy, Inc., et al., Defendants. Fairhaven Power Company, EnCana Corporation, et al., Plaintiff, Defendants. Abelman Art Glass Company, EnCana Corp., et al, Plaintiff, Defendants. Utility Savings & Refund Services, Inc., Plaintiff, v. Reliant Energy Services, Inc., et al., Defendants. Ever-Bloom, Inc., and Maximum Nursery, Inc., Plaintiffs, v. AEP Energy Services, Inc., et al., Defendants. Page .1 of 9h, SEP 05 2007 CLERK, U.S. DISTRICT COURT DISTRICT OF NEVADA BY___________________DEPUTY MDLNo. 1566; Case No. CV-S-03-1431 PMP-(PAL) BASE FILE CV-S-04-0465-PMP-PAL [PROPOSED] FINAL ORDER APPROVING SETTLEMENTS AND DISMISSING SETTLING DEFENDANTS WITH PREJUDICE CV-S-05-0243-PMP (PAL) CV-S—05-0437-PMP (
  
  
• Order Preliminarily Approving AMS Settlement And Authorizing Dissemination Of Notice (0.53 MB)
  Case 2;03-cv-01431 -PMP-PAL Document 529 Filed 06/15/2007 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTITRUST LITIGATION MDLNo. 1566 Case No. CV-S-03-1431 PMP-(PAL) BASE FILE THIS DOCUMENT RELATES TO: Texas-Ohio Energy, Inc., Plaintiff, v. Centerpoint Energy, Inc., et al., Defendants. CV-S-04-0465-PMP-PAL Fairhaven Power Company, v. EnCana Corporation, et al. Plaintiff, ) Defendants. ) ) Abelman Art Glass Company, nainuiT, CV-S-05-0243-PMP (PAL) CV-S—05-0437-PMP (LRL) EnCana Corp., et al, ) Defendants. ) _________) Utility Savings & Refund Services, Inc., Plaintiff, v. Reliant Energy Services, Inc., et al., Defendants. Ever-Bloom, Inc., and Maximum Nursery, Inc., Plaintiffs, v. AEP Energy Services, Inc., et al., Defendants. CV-S-05-0110-PMP(LRL) CV-S-05-0808-PMP ORDER PRELIMINARILY APPROVING AMS SETTLEMENT AND AUTHORIZING DISSEMINATION OF NOTICE MDLNO. 1566
  
  
• [Proposed] Final Order Approving Settlments And Dismissing Setting Defendants With Prejudice (204 KB)
  Case 2:03-cv-01431-PMP-PAL Document 677 Filed 09/10/2007 Page|1 of 9 IN THE UNITED STATES DISTRICT COUR FOR THE DISTRICT OF NEVADA IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTITRUST LITIGATION THIS DOCUMENT RELATES TO: Texas-Ohio Energy, Inc., Plaintiff, Centerpoint Energy, Inc., et al., Defendants. Fairhaven Power Company, EnCana Corporation, et al., Plaintiff, Defendants. Abelman Art Glass Company, EnCana Corp., et al, Plaintiff, Defendants. Utility Savings & Refund Services, Inc., Plaintiff, v. Reliant Energy Services, Inc., et al., Defendants. Ever-Bloom, Inc., and Maximum Nursery, Inc., Plaintiffs, v. AEP Energy Services, Inc., et al., Defendants. Page .1 of 9h, SEP 05 2007 CLERK, U.S. DISTRICT COURT DISTRICT OF NEVADA BY___________________DEPUTY MDLNo. 1566; Case No. CV-S-03-1431 PMP-(PAL) BASE FILE CV-S-04-0465-PMP-PAL [PROPOSED] FINAL ORDER APPROVING SETTLEMENTS AND DISMISSING SETTLING DEFENDANTS WITH PREJUDICE CV-S-05-0243-PMP (PAL) CV-S—05-0437-PMP (
  
  
• Settlement Agreement (AMS) (1.57 MB)
  SETTLEMENT AGREEMENT k THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of /j-ffal T? 2007, by and among, on the one hand, defendant Aquila Merchant Services, Inc. ("AMS"), and, on the other hand, plaintiffs Texas-Ohio Energy, Inc., Fairhaven Power Company, Abelman Art Glass Co., Utility Savings & Refund Services, LLP, Ever-Bloom, Inc., and Maximum Nursery, Inc. (collectively, "MDL Plaintiffs"), individually and on behalf of the MDL Class (as defined below). 1. DEFINITIONS The following terms, which are in addition to other terms defined in the body of this Agreement, shall have the following meanings when used in this Agreement: 1.1 "Final" means, with respect to any court order, including but not limited to the judgment, that either (a) the time to appeal therefrom has expired (i.e., 60 days after entry of the Court's judgment and order approving the Settlement) and no appeal has been taken, or (b) an appeal therefrom has been taken or other challenge thereto has b
  
  
• Settlement Agreement (CMS) (3.57 MB)
  SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of March 1, 2007, by and among, on the one hand, defendant CMS Energy Resources Management Company ("CMS"), and, on the other hand, plaintiffs Texas-Ohio Energy, Inc., Fairhaven Power Company, Abelman Art Glass Co., Utility Savings & Refund Services, LLP, Ever-Bloom, Inc., and Maximum Nursery, Inc. (collectively, "MDL Plaintiffs"), individually and on behalf of the MDL Class (as defined below). 1. DEFINITIONS The following terms, which are in addition to other terms defined in the body of this Agreement, shall have the following meanings when used in this Agreement: 1.1 "Final" means, with respect to any court order, including but not limited to the judgment, that either (a) the time to appeal therefrom has expired (i.e., 60 days after entry of the Court's judgment and order approving the Settlement) and no appeal has been taken, or (b) an appeal therefrom has been taken or other challenge thereto has bee
  
  
• Settlement Agreement (Coral) (3.57 MB)
  SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement*) is made and entered into as of3tt^wtiw 1%, , 20G]ff, by and among, on the one hand, defendant Coral Energy ResourcefuPTc'CoraF),. and, on the other hand, plaintiffs Texas-Ohio Energy, Inc.,-Faiirhaven Power Company, Abelman Art Glass Co., Utility Savings & Refund Services, LLP, Ever-Bloom, Inc., and Maximum Nursery, Inc. (collectively,. "MDL PlaintififP), individually and on behalf of tb© MDL Class (as defined below). 1- DEFINITIONS The following terms, which are in addition to other terms defined in the body of this Agrfeement, shall have the following meanings when used in this Agreement: 1.1 "Final'* means, withrespect to any court order, including but.not limited to the judgment, that either (a) the time to appeal therefrom, has expired (i.e., 60 days after entry of the Court's judgment and order approving the Settlement) and no appeal has been taken, or (b) an appeal therefrom lias been taken or other challenge thereto has been
  
  
• Settlement Agreement (Dynegy) (3.49 MB)
  SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of__________, 2006, by and among, on Hie one hand, Dynegy Inc., Dynegy Holdings Inc., Dynegy Marketing and Trade, Dynegy Power Marketing, Inc., Cabrillo Power I LLC, Cabrillo Power II LLC, El Segundo Power I LLC, El Segundo Power II LLC, Long Beach Generation LLC, WCP (Generation) Holdings LLC, and West Coast Power LLC (collectively, "Dynegy"), and, on the other hand, plaintiffs AX. Gilbert Company, Mark and Susan Benseheidt dba Madera Wash Depot and Coimtrywood Laundromat, David C. Brown, H & M Roses, Inc., Lois the Pie Queen, Celina Martinez, Oberti Wholesale Foods, Inc., Dan L. Older, Craig Podesta, Shanghai 1930 Restaurant Partners, L.P., Michael and Haleema Silverman, Tom and Lynette Stevenson, Timothy Engeln, Inc. dba Team Design, Laurence Uyedaj and Vittice Corporation (collectively, "JCCP Plaintiffs"), individually and on behalf of the JCCP Class (as defined below), and plaintiffs Texas-Ohio Energy, Inc., Pairh
  
  
• Settlement Agreement (EnCana) (3.27 MB)
  SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of June 16, 2006, by and among, on the one hand, EnCana Corporation and WD Energy Services, Inc. ("WD Energy") (collectively, the "EnCana Defendants"), and, on the other hand, plaintiffs A.L. Gilbert Company, Mark and Susan Benscheidt dba Madera Wash Depot and Countrywood Laundromat, David C. Brown, H & M Roses, Inc., Lois the Pie Queen, Celina Martinez, Oberti Wholesale Foods, Inc., Dan L. Older, Craig Podesta, Shanghai 1930 Restaurant Partners, L.P., Michael and Haleema Silverman, Tom and Lynetle Stevenson, Timothy Engeln, Inc. dba Team Design, Laurence Uyeda, and Vittice Corporation (collectively, "JCCP Plaintiffs"), individually and on behalf of the JCCP Class (as defined below), and plaintiffs Texas-Ohio Energy, Inc., Fairhaven Power Company, Abelman Art Glass Co., Utility Savings & Refund Services, LLP, and Ever-Bloom, Inc., and Maximum Nursery, Inc. (collectively, "MDL Plaintiffs"), individually and on behalf of t
  
  
• Settlelement Agreement (Williams) (3.27 MB)
  SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of June 16, 2006, by and among, on the one hand, EnCana Corporation and WD Energy Services, Inc. ("WD Energy") (collectively, the "EnCana Defendants"), and, on the other hand, plaintiffs A.L. Gilbert Company, Mark and Susan Benscheidt dba Madera Wash Depot and Countrywood Laundromat, David C. Brown, H & M Roses, Inc., Lois the Pie Queen, Celina Martinez, Oberti Wholesale Foods, Inc., Dan L. Older, Craig Podesta, Shanghai 1930 Restaurant Partners, L.P., Michael and Haleema Silverman, Tom and Lynetle Stevenson, Timothy Engeln, Inc. dba Team Design, Laurence Uyeda, and Vittice Corporation (collectively, "JCCP Plaintiffs"), individually and on behalf of the JCCP Class (as defined below), and plaintiffs Texas-Ohio Energy, Inc., Fairhaven Power Company, Abelman Art Glass Co., Utility Savings & Refund Services, LLP, and Ever-Bloom, Inc., and Maximum Nursery, Inc. (collectively, "MDL Plaintiffs"), individually and on behalf of t
  
  

• Proof Of Claim Form (143 KB)
  
  
  
• [Proposed] Amended Order Preliminarily Approving Six Settlements In The California Class Actions, Certifying Settlement Class, And Authorizing Dissemination Of Notice And Proof Of Claim Form (0.66 MB)
  ;ase2:03-cv-01431-PMP-PAL Document 1850 Filed 05/28/2009 Page 7 of 18 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTITRUST LITIGATION THIS DOCUMENT RELATES TO: AbelmanArt Glass Co. v EnCcma Corp., et al. Fairhaven Power Co. v. EnCana Corp., et al. Utility Savings & Refund Services LLP v. Reliant Energy Services, et al. Ever-Bloom, Inc., et al. v. AEP Energy Services, Inc., et al. Texas-Ohio Energy, Inc. v. AEP Energy Services, Inc., et al MDL Docket No. 1566 Case No. CV-S-03-1431 PMP-(PAL) BASE FILE 2:05-cv-00437-PMP-PAL 2:05-cv-00243-PMP-PAL 2:05-cv-00110-PMP-PAL 2:05-cv-001169- PMP-PAL 2:04-cv-00465- PMP-PAL [PROPOSED] AMENDED ORDER PRELIMINARILY APPROVING SLX SETTLEMENTS IN THE CALIFORNIA CLASS ACTIONS, CERTIFYING SETTLEMENT CLASS, AND AUTHORIZING DISSEMINATION OF NOTICE AND PROOF OF CLAIM FORM MDL NO. 1566 1 [PROPOSED] AMENDED ORDER PRELIMINARILY APPROVINO
  
  
• Settlement Agreement (e prime) (1.28 MB)
  SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of March 19, 2009, by and among, on the one hand, e prime, inc., Xcel Energy Inc., e prime Energy Marketing, Inc. and Northern States Power Company (collectively the "e prime Defendants") and, on the other hand, plaintiffs Texas-Ohio Energy, Inc., Fairhaven Power Company, Abelman Art Glass Co., Utility Savings & Refund Services, LLP, Ever-Bloom, Inc., and Maximum Nursery, Inc. (collectively, "MDL Plaintiffs"), individually and on behalf of the MDL Class (as defined below). 1. DEFINITIONS The following terms, which are in addition to other terms defined in the body of this Agreement, shall have the following meanings when used in this Agreement: 1.1 "Final" means, with respect to any court order, including but not limited to the judgment, that either (a) the time to appeal therefrom has expired (i.e., 60 days after entry of the Court's judgment and order approving the Settlement) and no appeal has been t
  
  
• Settlement Agreement (Sempra) (2.01 MB)
  Execution Version SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made and entered into as of January 23, 2009, by and among, on the one hand, Sempra Energy, a California corporation ("SE"), Southern California Gas Company, a California corporation ("SoCalGas"), San Diego Gas & Electric Company, a California corporation ("SDG&E"), and Sempra Energy Trading LLC, formerly Sempra Energy Trading Corp., a Delaware corporation ("SET") (collectively the "Sempra Parties"), and, on the other hand, Texas-Ohio Energy, Inc., a Texas corporation ("Texas-Ohio"), Ever-Bloom, Inc., a California corporation ("Ever-Bloom"), Maximum Nursery, Inc., a California corporation ("Maximum Nursery"), Abelman Art Glass, a sole proprietorship ("Abelman"), Fairhaven Power Co., a California corporation ("Fairhaven"), and Utility Savings & Refund Services, LLP, a California limited liability partnership formerly doing business as Charles Toca d/b/a Utility Savings & Refund Services ("Utility Savings"), each on its own behalf and on beha
  
  
• Settlement Agreement (El Paso) (1.47 MB)
  SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of February 12, 2009, by and among, on the one hand, defendant El Paso Corporation f/k/a El Paso Energy Corporation, El Paso Tennessee Pipeline Company, El Paso Marketing, L.P, f/k/a El Paso Merchant Energy, L.P. and f/k/a El Paso Merchant Energy-Gas, L.P., El Paso Merchant Energy North America Company, L.L.C. f/k/a El Paso Merchant Energy Holding Company, El Paso Merchant Energy Company, El Paso Natural Gas Company, Mojave Pipeline Company, El Paso Mojave Pipeline Co., Mojave Pipeline Operating Company, EPNG Mojave, Inc. (collectively "El Paso"), and, on the other hand, plaintiffs Texas-Ohio Energy, Inc., Fairhaven Power Company, Abelman Art Glass Co., Utility Savings & Refund Services, LLP, Ever-Bloom, Inc, and Maximum Nursery, Inc. (collectively, "MDL Plaintiffs"), individually and on behalf of the MDL Class (as defined below). 1. DEFINITIONS The following terms, which are in addition to other terms defined i
  
  
• Exhibit A To Settlement Agreement (AEP) (1.43 MB)
  EXHIBIT A SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of May 30, 2008, by and among, on the one hand, AEP Energy Services, Inc. ("AEP"), and, on the other hand, plaintiffs A.L. Gilbert Company, Mark and Susan Benscheidt dba Madera Wash Depot and Countrywood Laundromat, David C. Brown, H & M Roses, Inc., Lois the Pie Queen, Celina Martinez, Oberti Wholesale Foods, Inc., Dan L. Older, Craig Podesta, Shanghai 1930 Restaurant Partners, L.P., Michael and Haleema Silverman, Tom and Lynette Stevenson, Timothy Engeln, Inc. dba Team Design, Laurence Uyeda, and Vittice Corporation (collectively, "Plaintiffs"), individually and on behalf of the plaintiff Class (as defined below). 1- DEFINITIONS The following terms, which are in addition to other terms defined in the body of this Agreement, shall have the following meanings when used in this Agreement: 1.1 "Court" means Department 71 of the Superior Court of the State of California, County of San Diego, or s
  
  
• Settlement Agreement (AEP) (1.64 MB)
  SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of February 28, 2009, by and among, on the one hand, defendants American Electric Power Company, Inc. and AEP Energy Services, Inc. (collectively, "AEP" or "the AEP Defendants") and, on the other hand, plaintiffs Texas-Ohio Energy, Inc., Fairhaven Power Company, Abelman Art Glass Co., Utility Savings & Refund Services, LLP, Ever-Bloom, Inc., and Maximum Nursery, Inc. (collectively, "MDL Plaintiffs"), individually and on behalf of the MDL Class (as defined below). 1. DEFINITIONS The following terms, which are in addition to other terms defined in the body of this Agreement, shall have the following meanings when used in this Agreement: 1.1 "Final" means, with respect to any court order, including but not limited to the judgment, that either (a) the time to appeal therefrom has expired (i.e., 60 days after entry of the Court's judgment and order approving the Settlement) and no appeal has been taken, or (b
  
  
• Settlement Agreement (Reliant) (1.45 MB)
  SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of January 29, 2009, by and among, on the one hand, defendants Reliant Energy, Inc., Reliant Resources Inc. and Reliant Energy Services, Inc. (collectively "Reliant"), and, on the other hand, plaintiffs Texas-Ohio Energy, Inc., Fairhaven Power Company, Abelman Art Glass Co., Utility Savings & Refund Services, LLP, Ever-Bloom, Inc., and Maximum Nursery, Inc. (collectively, "MDL Plaintiffs"), individually and on behalf of the MDL Class (as defined below). 1. DEFINITIONS The following terms, which are in addition to other terms defined in the body of this Agreement, shall have the following meanings when used in this Agreement: 1.1 "Agreement" means this Settlement Agreement and any written amendments or modifications that are approved in writing by the Parties. 1.2 "Business Day" means any day other than a Saturday, Sunday, or legal holiday recognized by either the federal government or t
  
  
• Settlement Agreement (Duke) (1.48 MB)
  SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of January 14, 2009, by and among, on the one hand, defendant Duke Energy Carolinas, LLC and Duke Energy Trading and Marketing LLC (collectively "DEC"), and, on the other hand, plaintiffs Texas-Ohio Energy, Inc., Fairhaven Power Company, Abelman Art Glass Co., Utility Savings & Refund Services, LLP, Ever-Bloom, Inc., and Maximum Nursery, Inc. (collectively, "MDL Plaintiffs"), individually and on behalf of the MDL Class (as defined below). 1. DEFINITIONS ' The following terms, which are in addition to other terms defined in the body of this Agreement, shall have the following meanings when used in this Agreement: 1.1 "Agreement" means this Settlement Agreement and any written amendments or modifications that are approved in writing by the Parties. 1.2 "Business Day" means any day other than a Saturday, Sunday, or legal holiday recognized by either the federal government or the State of