State of California v. Valero Energy Corporation et al, No. 3:2017cv03786 - Document 115 (N.D. Cal. 2017)
Court Description: ORDER OF DISMISSAL AND FINAL JUDGMENT Signed by Judge Alsup on 10/12/2017. (whalc1, COURT STAFF) (Filed on 10/12/2017)
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State of California v. Valero Energy Corporation et al 1 Doc. 115 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 4 5 6 7 8 9 10 11 12 13 STATE OF CALIFORNIA, Plaintiff, Civil Action No. 17-cv-3786 (WHA) v. VALERO ENERGY CORPORATION, VALERO ENERGY PARTNERS LP, and PLAINS ALL AMERICAN PIPELINE, L.P., Defendants. 1. [PROPOSED] STIPULATED ORDER OF DISMISSAL AND FINAL JUDGMENT All parties have agreed to the provisions of this order through their designated counsel. 2. Subject to the provisions of paragraph 5 below, Defendants Valero Energy 14 Corporation, Valero Energy Partners LP, and any Affiliate (as defined below) are 15 hereby ordered and enjoined for a period of 10 years from the date of entry of this order 16 not to acquire or seek to acquire the Martinez and Richmond Facilities (as defined 17 below). 18 subsidiary of Valero Energy Corporation or Valero Energy Partners LP, or any other 19 20 21 22 23 24 25 As used in this order, the term “Affiliate” means any direct or indirect entity that controls, is controlled by, or is under common control with either Valero Energy Corporation or Valero Energy Partners LP, where the terms “controls,” “controlled by” and “under common control with” mean the power to direct the management and policies of an entity, directly or indirectly, through the ownership of voting securities, by contract, or otherwise. As used in this order, the term “Martinez Order and Final Judgment No. 17-cv-3786 (WHA) 1 Dockets.Justia.com 1 and Richmond Facilities” means the petroleum storage and distribution terminals 2 presently owned by a subsidiary of Plains All American Pipeline, L.P. and located in 3 Martinez and Richmond, California, and/or any of the pipelines presently owned by a 4 5 6 7 8 9 10 11 subsidiary of Plains All American Pipeline, L.P. leading to or from the Martinez and Richmond terminals. 3. Subject to the provisions of paragraph 5 below, if defendants Valero Energy Corporation, Valero Energy Partners LP, or any Affiliate, attempts to acquire or seek to acquire the Martinez and Richmond Facilities, they are ordered, for a period of 10 years from the date of entry of this order, to provide written notice to the California Attorney General’s Office, Antitrust Section no later than the date of filing of a form 12 required to be submitted to the Federal Trade Commission by the Hart-Scott-Rodino 13 Act, 15 U.S.C. § 18A, or 30 days prior to the proposed closing, whichever is earlier. 14 4. Pursuant to Federal Rule of Civil Procedure 60(b)(5) or (6), Valero 15 Energy Corporation, Valero Energy Partners LP, or any Affiliate, may apply to this 16 Court for a termination or modification of this Order if there is a change in factual 17 18 19 20 21 22 23 24 25 conditions or in law sufficient to satisfy Rules 60(b)(5) or (6). 5. Neither the parties nor this Court shall use, cite or rely upon the provisions of this order, or any of the discussions at the October 5, 2017 case management conference, as a basis for any claim for attorney’s fees or costs in this case. 6. Subject to the provisions of paragraph 5 above, this Court shall retain jurisdiction for a period of 10 years to enforce the terms of this order. Order and Final Judgment No. 17-cv-3786 (WHA) 2 7. 2 3 4 5 Nothing herein shall be construed as an admission on the merits by any 8. This case is dismissed in its entirety as moot and administratively closed. 9. 1 Final judgment is hereby entered. Judgment shall not be in favor or party. against either side. 6 7 8 12 Dated: October ___, 2017 . 9 10 11 _______________________________ Hon. William H. Alsup United States District Court Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Order and Final Judgment No. 17-cv-3786 (WHA) 3 Case 3:17-cv-03786-WHA Document 114 Filed 10/11/17 Page 4 of 4 1 Dated: October 11, 2017 2 3 4 ESTES LAW GROUP 5 /S/ Polly J. Estes Polly J. Estes Attorneys for Plaintiff State of California 6 7 8 9 XAVIER BECERRA Attorney General KATHLEEN E. FOOTE Senior Assistant Attorney General PAUL MOORE Deputy Attorney General Dated: October 11, 2017 . VINSON & ELKINS L.L.P Dated: October 11, 2017 BAKER BOTTS LLP 10 11 /s/ William R. Vigdor William R. Vigdor (admitted pro hac vice) Attorneys for Defendant Plains All American Pipeline, L.P. 12 13 14 15 16 17 18 19 20 /s/ Stephen Weissman Stephen Weissman (pro hac vice) Counsel for Defendants Valero Energy Corporation and Valero Energy Partners, LP I attest that concurrence in the filing of this document has been obtained from all signatories. /s/ Polly J. Estes Polly J. Estes Attorneys for Plaintiff State of California 21 22 23 24 25 Order and Final Judgment No. 17-cv-3786 (WHA) 4
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