Equitable Resources, Inc.
Volume 143 · 143 F.T.C. 823
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Equitable Resources, Inc., 143 F.T.C. 823 (2007). Consumer Law Library, https://consumerlawlibrary.org/decisions/v143-0022
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IN THE MATTER OF EQUITABLE RESOURCES, INC. ET AL.
Docket No. 9322 – Order, April 16, 2007 ORDER STAYING FURTHER BRIEFING ON COMPLAINT COUNSEL'S MOTION TO STRIKE Complaint Counsel filed a AMotion to Strike the Affirmative Defense of State Action” with the Commission on April 11, 2007, moving that the Commission strike defenses pled by both Equitable Resources and Dominion Resources to the effect that the Commission’s Complaint was precluded by the state action doctrine. Pursuant to Commission Rule 3.22(c), 16 C.F.R. § 3.22(c), the Respondents must file an answer or answers to Complaint Counsel’s motion on or before April 23, 2007. On April13, 2007, the Commission filed a complaint and motions for a temporary restraining order and a preliminary injunction against Respondents in federal district court in the Western District of Pennsylvania. At the hearing on the temporary restraining order, the court scheduled briefing and argument on a motion to dismiss the complaint based on state action grounds, and stated that it would contemplate a decision on that motion during the week of May 7, 2007. For these reasons, the Commission stays all further briefing on Complaint Counsel’s motion until further notice.
Accordingly, IT IS ORDERED THAT all further briefing on Complaint Counsel’s motion to strike be stayed pending the proceedings in the federal district court (Case Number 07CV0490). By the Commission.
VOLUME 143 Interlocutory Orders, etc.