IN RE SUBPOENA ISSUED TO COMMODITY FUTURES TRADING

Misc. No. 04-564 (JDB).

370 F.Supp.2d 201 (2005)

In re SUBPOENA ISSUED TO COMMODITY FUTURES TRADING COMMISSION.

United States District Court, District of Columbia.

April 28, 2005.


Attorney(s) appearing for the Case

Gloria Peele Clement, U.S. Commodity Futures Trading Commission, Washington, DC, for Commodity Futures Trading Commission.

Jon Cuneo, David W. Stanley, Steven N. Berk, Cuneo Waldman & Gilbert, LLP, Washington, DC, for E. & J. Gallo Winery.

Diana Weiss, Orrick, Herrington & Sutcliffe LLP, Washington, DC, for Aquila Merchant Services, Inc.

Richard Liebeskind, Pillsbury Winthrop LLP, Washington, DC, for Dynegy Marketing and Trade.

Richard G. Murphy, Jr., Sutherland, Asbill & Brennan, L.L.P., Washington, DC, for Calpine Energy Services, L.P.

Geoffrey F. Aronow, Heller Ehrman White & McAuliffe LLP, Washington, DC, for Oneok Energy Services Company, L.P. and Oneok Inc.

Steven Barentzen, DLA Piper Rudnick Gray Cary, Washington, DC, for Williams Companies, Inc. and Williams Power Company.

Kenneth M. Raisler, Sullivan & Cromwell LLP, New York City, for Entergy-Koch Trading, LP.

Douglas F. John, John & Hengerer, Washington, DC, for WD Energy Services Inc.

Peter Romatowski, Jones Day Reavis & Pogue, Washington, DC, for e prime, Inc.

Joel B. Kleinman, Dickstein Shapiro Morin & Oshinsky, LLP, Washington, DC, for Duke Energy Corp.

Mark Robeck, Baker Botts LLP, Washington, DC, for Reliant Energy Services, Inc.


MEMORANDUM OPINION

BATES, District Judge.

WD Energy Services ("WD Energy") is one of many energy companies that came under investigation by the Commodity Futures Trading Commission ("CFTC") several years ago for their natural gas trading activities. In 2003, E. & J. Gallo Winery ("Gallo") brought an action in the United States District Court for the Eastern District of California against WD Energy over its alleged manipulation of energy prices...

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