BP West Coast Products LLC v. Crossroad Petroleum, Inc. et al

Filing 661

ORDER granting #654 Leave to File Motion for Summary Judgment. BP shall file its Motion for Partial Summary Judgment and supporting memorandum on or before February 28, 2017. The Lacey Defendants shall file their Opposition on or before March 30, 2017. BP shall file its response, if any, on or before April 17, 2017. Signed by Judge Janis L. Sammartino on 12/19/2016. (kcm)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 11 BP WEST COAST PRODUCTS, LLC, Plaintiff and Counter-Defendant, v. 12 13 14 15 16 17 Case No.: 12cv665 JLS (JLB) Lead Case ORDER GRANTING LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT CROSSROAD PETROLEUM, INC., ET AL., (ECF No. 654) Defendants and Counter-Claimants. AND RELATED CONSOLIDATED ACTIONS 18 Presently before the Court is Plaintiff and Counter-Defendant BP West Coast 19 Products, LLC’s (“BP”) Motion for Leave to File Motion for Partial Summary Judgment 20 (“Leave Request”). (ECF No. 654.) Although the deadline for filing dispositive motions 21 was set for April 15, 2016, (ECF Nos. 318, 486), BP requests leave to file a post-deadline 22 Motion for Partial Summary Judgment “directed to one discrete issue: unpaid motor 23 fuel[,]” (Mot. 1). 24 Federal Rule of Civil Procedure 56 permits a party to bring a motion for summary 25 judgment “at any time until 30 days after the close of all discovery.” Fed. R. Civ. P. 56(b). 26 However, Rule 56 also allows the deadline by which a party may bring a motion for 27 summary judgment to be extended or shortened by “local rule or . . . court order[] . . . .” 28 Id. “[S]o long as no prejudice results, the policies underlying [Rule] 56 favor extending 1 12cv665 JLS (JLB) Lead Case 1 the time in which summary judgment motions may be made when material facts are 2 undisputed, and one of the parties is entitled to judgment as a matter of law.” 3 Tungjunyatham v. Johanns, No. 1:06-CV-01764-SMS, 2010 WL 1797264, at *2 (E.D. Cal. 4 May 4, 2010) (citing Util. Control Corp. v. Prince William Constr. Co., 558 F.2d 716, 719 5 (4th Cir. 1977)). 6 In support of BP’s Leave Request, BP notes that: (1) it did, in fact, file motions for 7 summary judgment prior to the dispositive motion deadline, (id. at 3); (2) that resolution 8 of the remaining unpaid motor fuel claims will likely “eliminate the need for trial against” 9 six Defendants and Counter-Claimants and thus narrow the issues such that those 10 remaining can all be disposed of in one trial, (id.); (3) Defendants and Counter-Claimants 11 have adequate notice of BP’s leave request and potential summary judgment filing, (id. at 12 3–4); and (4) BP’s request is not the product of negligence, carelessness, or mistake[,]” but 13 instead is designed “to expedite finality of claims in the most efficient form—briefing 14 rather than a jury trial[,]” (id. at 3). Additionally, resolving the claims for unpaid motor 15 fuel will likely implicate limited factual and legal issues, all of which have been narrowed 16 by discovery. (See id. at 2–3.) Finally, litigation is unable to proceed for at least the next 17 three months due to the Lacey Defendants’ Counsel’s recent accident. (See ECF Nos. 659, 18 660.) 19 Given the foregoing, and good cause appearing, the Court GRANTS BP’s Leave 20 Request. However, the Court is mindful that Counsel for the Lacey Defendants will be 21 unable to respond for at least ninety days. Accordingly, the Court sets the following 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 12cv665 JLS (JLB) Lead Case 1 briefing schedule for BP’s Motion for Partial Summary Judgment. BP SHALL FILE its 2 Motion for Partial Summary Judgment and supporting memorandum on or before February 3 28, 2017. The Lacey Defendants SHALL FILE their Opposition on or before March 30, 4 2017.1 BP SHALL FILE its response, if any, on or before April 17, 2017. 5 6 IT IS SO ORDERED. Dated: December 19, 2016 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 This is fourteen days after the next scheduled hearing and several weeks after the end of the period during which Ms. Lacey’s doctor advised the Court that Ms. Lacey’s “cases must be stayed or delayed . . . .” (Lacey Decl. 5, ECF No. 657.) However, should the Lacey Defendants need more time to file their Opposition due to further medical complications, they may of course move the Court for additional time. 3 12cv665 JLS (JLB) Lead Case

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