BSD, Inc et al v. Equilon Enterprises, LLC et al

Filing 91

STIPULATION AND ORDER re 88 STIPULATION WITH PROPOSED ORDER re Filing of Two Motions for Summary Judgment by Equilon Enterprises LLC filed by 21st Century Group, Inc, Youstine, Inc, Equilon Enterprises, LLC. Signed by Judge ARMSTRONG on 3/16/12. (lrc, COURT STAFF) (Filed on 3/16/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 BSD, INC., a California corporation; 21st CENTURY GROUP, INC., a California corporation; and YOUSTINE, INC., a California corporation, 13 Plaintiffs, Case No. 10-CV-05223-SBA ORDER RE STIPULATION RE FILING OF TWO MOTIONS FOR SUMMARY JUDGMENT BY EQUILON ENTERPRISES LLC 14 v. 15 16 17 EQUILON ENTERPRISES, LLC, a Delaware limited liability company, ANABI OIL CORPORATION, a California corporation, and DOES 1 through 100, Inclusive, 18 Defendants. Complaint Filed: November 2, 2010 Dept.: Judge: Mag. Judge: Trial Date: Courtroom. 1, 4th Floor Hon. Saundra B. Armstrong Hon. Jacqueline S. Corley June 25, 2012 19 AND RELATED COUNTERCLAIMS. 20 21 22 The parties to this action have submitted a stipulation, agreeing as follows: 23 Defendant, Counter-Claimant and Counter-Defendant Equilon Enterprises LLC, dba Shell 24 Oil Products US (“Equilon”) may file in this action two motions for summary judgment/adjudication 25 as follows: 26 27 1. The first motion shall be limited to adjudication of the following counterclaims brought by Equilon against Plaintiff, Counter-Defendant and Counter-Claimant Youstine, Inc.: (1) 28 1 Case No. 10-CV-05223-SBA [PROPOSED] ORDER RE FILING OF TWO MOTIONS FOR SUMMARY JUDGMENT BY EQUILON ENTERPRISES LLC 1 First Counterclaim for Relief for Breach of Contract.; and (2) Third Counterclaim for Relief for 2 Declaratory Relief. 3 2. With regard to Equilon’s Third Counterclaim for Relief for Declaratory Relief, 4 Equilon shall only seek a determination by the Court as a matter of law that: (1) Equilon’s 5 termination of Youstine, Inc.’s Petroleum Marketing Practices Act (“PMPA”) franchise agreements 6 complied with the PMPA; and (2) Equilon properly terminated the Right of First Refusal Offer it 7 presented to Youstine, Inc. to purchase the land, equipment and improvements located at 2600 8 Pellissier Place, City of Industry, California. 9 10 3. The second motion shall be limited to the claims brought by Plaintiffs BSD, Inc., 21st Century Group, Inc. and Youstine, Inc. in their Complaint. 11 12 PURSUANT TO STIPULATION, IT IS SO ORDERED. 13 14 15 Dated: 3/16/12 _________________________________________ HON. SAUNDRA B. ARMSTRONG UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 10-CV-05223-SBA [PROPOSED] ORDER RE FILING OF TWO MOTIONS FOR SUMMARY JUDGMENT BY EQUILON ENTERPRISES LLC

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