E. & J. Gallo Winery v. EnCana Energy Services, Inc.

MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS, OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT OR ADJUDICATION, OR TO DISMISS PURSUANT TO FRCP 12(b)(3)

ISHII, District Judge.

INTRODUCTION

This is an action for damages and declaratory relief by plaintiff E. & J. Gallo Winery (“Gallo”) against defendants En-Cana Corp. (“EnCana”), a Canadian producer of natural gas, and WD Energy Services, Inc. (“WD”) (formerly EnCana Energy Services, formerly Pan Canadian Energy Services, Inc.), a wholly-owned marketing subsidiary of EnCana Corp. (collectively, “Defendants”). On January 24, 2005,…