Light Petroleum Inc et al v ExxonMobil Oil Corporation et al

Filing 354

JUDGMENT AS TO SPECIFIED PLAINTIFFS by Judge Percy Anderson 353 . (pso)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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In re: EXXONMOBIL OIL
CORPORATION, et al., SOUTHERN
CALIFORNIA BULK SALE
LITIGATION

Case No. 12-CV-04689-PA (VBKx)

JUDGMENT AS TO SPECIFIED
PLAINTIFFS

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Through an order dated January 31, 2013 (Dkt. No. 240), this Court granted

19 partial summary judgment in favor of defendants ExxonMobil Oil Corporation, Exxon
20 Mobil Corporation, and Circle K Stores Inc. ("Defendants") and against plaintiffs
21 Efram Don, Fujio Shoji, VC Chao Enterprises Group, VC Chao Retails Group, and
22 Alicia-Laguna, Inc. (collectively referred to herein as "Specified Plaintiffs"), finding
23 that the non-price terms and alleged waivers of rights (the "Non-Price Terms") in the
24 June 2012 Revised Sale and Purchase Agreement Retail Marketing Assets Southern
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California and Environmental Responsibility Agreement (the "Offer") do not violate

26 Business & Professions Code section 20999.25.
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Case No. 12-CV-04689-PA
JUDGMENT AS TO SPECIFIED PLAINTIFFS

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Specified Plaintiffs and Defendants have stipulated that judgment shall be

2 entered against Specified Plaintiffs and in favor of Defendants on each of Specified
3 Plaintiffs’ three claims for relief to the extent each such claim for relief is based upon
4 the allegation that the Offer included unreasonable and/or illegal Non-Price Terms.
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Pursuant to agreement of the parties, Specified Plaintiffs have voluntarily

6 dismissed their remaining claims against Defendants in this action (that is, their claims
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that remain after entry of the stipulated judgment), and the Court has entered such

8 dismissal.
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Pursuant to agreement of the parties, Defendants have voluntarily dismissed

10 their counter-claims for relief against Specified Plaintiffs, and the Court has entered
11 such dismissal.
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There are no remaining claims for relief or causes of action pending in this case

13 with respect to Specified Plaintiffs.
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NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that:

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1)

Judgment is entered against Specified Plaintiffs and in favor of

16 Defendants ExxonMobil Oil Corporation and Exxon Mobil Corporation on Specified
17 Plaintiffs’ first claim for relief for violation of Business & Professions Code section
18 20999.25, et seq. to the extent such claim is based on the allegation that the Offer
19 included unreasonable and/or illegal Non-Price Terms; and
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2)

Judgment is entered against Specified Plaintiffs and in favor of

21 Defendants ExxonMobil Oil Corporation, Exxon Mobil Corporation, and Circle K
22 Stores Inc. on Specified Plaintiffs’ second claim for relief for violation of Business &
23 Professions Code section 17200, et seq. to the extent such claim is based on the
24 allegation that the Offer included unreasonable and/or illegal Non-Price Terms; and
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3)

Judgment is entered against Specified Plaintiffs and in favor of

26 Defendants ExxonMobil Oil Corporation, Exxon Mobil Corporation, and Circle K
27 Stores Inc. on Specified Plaintiffs’ third claim for relief for declaratory relief to the
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Case No. 12-CV-04689-PA
JUDGMENT AS TO SPECIFIED PLAINTIFFS

1 extent such claim is based on the allegation that the Offer included unreasonable
2 and/or illegal Non-Price Terms;
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4)

Specified Plaintiffs shall recover nothing; and

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5)

Each party is to bear their own costs.

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Dated: November 6, 2013
Percy Anderson
UNITED STATES DISTRICT JUDGE

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Case No. 12-CV-04689-PA (VBKx
JUDGMENT AS TO SPECIFIED PLAINTIFFS