Sunoco Partners Marketing & Terminals L.P. v. Powder Springs Logistics, LLC et al

Filing 791

MEMORANDUM: Resolving the Motion for Permanent Injunction (D.I. 763 ). Signed by Judge Richard G. Andrews on 1/14/2022. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SUNOCO PARTNERS MARKETING &
TERMINALS L.P.,
Plaintiff,

Civil Action No. 17-1390-RGA

v.
POWDER SPRINGS LOGISTICS, LLC, and
MAGELLAN MIDSTREAM PARTNERS,
L.P.,
Defendants.

MEMORANDUM
Plaintiff seeks a permanent injunction until April 5, 2022, to prevent automated blending
at Powder Springs. (D.I. 763). The motion has been fully briefed. (D.I. 764, 782, 785).
Given the usual backlog of cases and motions in this District, it is regrettable that the
parties could not resolve this without me. This is particularly so because Defendants seem to
have stopped the infringing conduct after the adverse verdict. (D.I. 782-2 (Hitz Decl.)).
Defendants do not object to the form of Plaintiff’s proposed permanent injunction. Plaintiff does
not argue that what Defendants say they will do is insufficient to avoid infringement. Thus, I
conclude that Defendants have stated that they will abide by what Plaintiff seems to concede is
all that is required to avoid infringement.
I will separately enter a modification of the proposed permanent injunction, without
making any of the findings required for a permanent injunction, recognizing that at this time it is
essentially a “maintain the status quo” order. I see no prejudice to either side in doing so, and it
puts the Court’s imprimatur on Plaintiff’s request that Defendants adhere to what Defendants
have voluntarily agreed to do.
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A separate order will issue. The motion (D.I. 763) is RESOLVED.
Entered this 14th day of January 2022.
/s/ Richard G. Andrews_____
United States District Judge

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