Milliken & Co. v. CNA Holdings, Inc., No. 3:08-CV-578, 2011 U.S. Dist. LEXIS 87677, at *39-*40 (W.D.N.C. Aug. 8, 2011) (citing Starr v. Sony BMG Music Entm’t, 592 F.3d 314, 324-25 (2d Cir. 2010) (finding that investigations by New York State Attorney General and DOJ Antitrust into defendants' price-fixing support plausibility of §1 claim)); In re Tableware Antitrust Litig., 363 F. Supp. 2d 1203, 1205 (N.D. Cal. 2005) (“A plaintiff may surely rely on governmental investigations, but must also . . . undertake his own reasonable inquiry and frame his complaint with 19 The Attorney General is the State’s chief law enforcement officer and has a duty to see state laws are enforced, and is specifically authorized to bring actions. The Attorney General also possesses broad pre-litigation powers under California Government Code section 11180, et seq. to investigate and prosecute actions concerning: (a) all matters relating to the business activities and subjects under the jurisdiction of the department; (b) violations of any law or rule or order of the department; and (c) such other matters as may be provided by law. Case 3:15-cv-01749-L-BGS Document 82 Filed 11/11/16 Page 31 of 33 1205757_2 PLAINTIFF’S OPPOSITION TO DEFS’ JOINT MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT - 25 - 3:15-cv-01749-L-BGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 allegations of his own design.”)

Op.Br. at 37-40.) However, both Craib and Millan address the scope of subpoenas issued by the Labor Commissionerin an agency investigation into potential violations of the Labor Code. Government Code section 11180 empowers - 28 - the Labor Commissioner to “make investigations and prosecute actions” concerning violations of the Labor Code. These two sets of powers—to investigate and to prosecute—were not conferred upona private litigant by passage of the PAGA. (Lab. Code, § 2699.3(a)(2)(A); see also Iskanian vy. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 391 (“The qui tam litigant has only his or her resources and mayincursignificant cost if unsuccessful.”).)