Z VIEW ENTERPRISES, LLC et al v. GIANT EAGLE, INC.

Filing 351

ORDER (Memorandum 350 previously entered as separate docket entry) - It is hereby ORDERED that: 1. Deft Giant Eagle's motion 179 for partial jdgmt on pleadings GRANTED in part & DENIED in part as follows... (see paras 1a-1b for specifics).; 2. Clrk of Ct shall enter jdgmt in deft's favor on its supp'l counterclaim Ct 7 - Pltf & counterclaim deft Mon Valley must w/in reasonable time perform in acc w/ para 23 of Fisher Heights sublease agrmnt 79 36p23 re: option to purchase.; 3 . ORDERED & DECLARED that Retailer's Agrmt 79 -5 btwn Mon Valley & Giant Eagle for Fisher Heights & Finleyville stores is TERMINATED.; 4. Clrk of Ct shall enter declaratory jdgmt in favor of Giant on its supp'l counterclaim Ct 7 in acc w/ para 3 above.; 5. ORDERED & DECLARED that following contracts btwn Mon Valley & Giant are TERMINATED... (see par 5 for specifics).; 6. Clrk of Ct shall enter declaratory jdgmt in favor of Giant Eagle on its supp'l counterclaim Ct 9 in acc w/ para 5 above.; 7. Entry of jdgmt per paras 2,4 & 6 re: Giant's supp'l counterclaims Cts 7, 8 & 9 shall be final jdgmt pursuant to FRCP 54(b).... (See order for complete details.) Signed by Christopher C. Conner on 12/23/19. (kmMD)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SEVEN Z ENTERPRISES, INC.,
et al.,
Plaintiffs
v.
GIANT EAGLE, INC.,
Defendant

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CIVIL ACTION NO. 2:17-CV-740
(Chief Judge Conner)

ORDER
AND NOW, this 23rd day of December, 2019, upon consideration of the
motion (Doc. 179) for partial judgment on the pleadings pursuant to Federal Rule of
Civil Procedure 12(c) filed by defendant and counterclaim plaintiff Giant Eagle, Inc.
(“Giant Eagle”), and for the reasons stated in the accompanying memorandum, it is
hereby ORDERED that:
1.

Giant Eagle’s motion (Doc. 179) for partial judgment on the pleadings
is GRANTED in part and DENIED in part as follows:
a.

b.
2.

The motion is GRANTED as to Giant Eagle’s supplemental
counterclaim Counts 7, 8, and 9, (Doc. 150 ¶¶ 166-99), to the
extent set forth in the accompanying memorandum.
The motion is DENIED in all other respects.

The Clerk of Court shall enter judgment in Giant Eagle’s favor on
Giant Eagle’s supplemental counterclaim Count 7. Plaintiff and
counterclaim defendant Mon Valley Foods, Inc. (“Mon Valley”) must,
within a reasonable time, SPECIFICALLY PERFORM in accordance
with paragraph 23 of the Fisher Heights sublease agreement, (Doc. 7936 ¶ 23), regarding the option to purchase.

3.

It is ORDERED and DECLARED that the Retailer’s Agreement (Doc.
79-5) between Mon Valley and Giant Eagle for the Fisher Heights and
Finleyville stores is TERMINATED.

4.

The Clerk of Court shall enter declaratory judgment in favor of Giant
Eagle on Giant Eagle’s supplemental counterclaim Count 8 in
accordance with paragraph 3 above.

5.

It is ORDERED and DECLARED that the following contracts between
Mon Valley and Giant Eagle are TERMINATED: the Finleyville
sublease agreement (Doc. 150-1); the Uniontown Retailer’s Agreement
(Doc. 150-2); and the Uniontown sublease agreement (Doc. 150-3).

6.

The Clerk of Court shall enter declaratory judgment in favor of Giant
Eagle on Giant Eagle’s supplemental counterclaim Count 9 in
accordance with paragraph 5 above.

7.

The entry of judgment referenced above in paragraphs 2, 4, and 6
concerning Giant Eagle’s supplemental counterclaim Counts 7, 8, and
9 shall be final judgment pursuant to Federal Rule of Civil Procedure
54(b). After considering the requisite factors provided by the Third
Circuit Court of Appeals, see Berckeley Inv. Grp., Ltd. v. Colkitt, 455
F.3d 195, 203 (3d Cir. 2006), the court finds that there is no just reason
for delay, see FED. R. CIV. P. 54(b).

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania