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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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BSD, INC., a California corporation; 21st
CENTURY GROUP, INC., a California
corporation; and YOUSTINE, INC., a California
corporation,

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Plaintiffs,

Case No. 10-CV-05223-SBA
ORDER RE STIPULATION RE
FILING OF TWO MOTIONS FOR
SUMMARY JUDGMENT BY
EQUILON ENTERPRISES LLC

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v.
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EQUILON ENTERPRISES, LLC, a Delaware
limited liability company, ANABI OIL
CORPORATION, a California corporation, and
DOES 1 through 100, Inclusive,

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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

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AND RELATED COUNTERCLAIMS.
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The parties to this action have submitted a stipulation, agreeing as follows:

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Defendant, Counter-Claimant and Counter-Defendant Equilon Enterprises LLC, dba Shell

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Oil Products US (“Equilon”) may file in this action two motions for summary judgment/adjudication

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as follows:

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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)

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1
Case No. 10-CV-05223-SBA
[PROPOSED] ORDER RE FILING OF TWO MOTIONS FOR SUMMARY JUDGMENT BY
EQUILON ENTERPRISES LLC

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First Counterclaim for Relief for Breach of Contract.; and (2) Third Counterclaim for Relief for

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Declaratory Relief.

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2.

With regard to Equilon’s Third Counterclaim for Relief for Declaratory Relief,

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Equilon shall only seek a determination by the Court as a matter of law that: (1) Equilon’s

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termination of Youstine, Inc.’s Petroleum Marketing Practices Act (“PMPA”) franchise agreements

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complied with the PMPA; and (2) Equilon properly terminated the Right of First Refusal Offer it

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presented to Youstine, Inc. to purchase the land, equipment and improvements located at 2600

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Pellissier Place, City of Industry, California.

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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.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 3/16/12

_________________________________________
HON. SAUNDRA B. ARMSTRONG
UNITED STATES DISTRICT COURT JUDGE

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Case No. 10-CV-05223-SBA
[PROPOSED] ORDER RE FILING OF TWO MOTIONS FOR SUMMARY JUDGMENT BY
EQUILON ENTERPRISES LLC