Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1 :07-cv—OO207-GIVIS Document 40 Filed O4/07/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
BCG, INC., a Delaware corporation, :
CI-H-ESAPEAKE PRODUCTS & : C.A. No. O7—cv~207 (GMS)
SERVICES, INC., a Delaware corporation :
: TRIAL BY JURY
Plaintiffs, : OF TWELVE DEMANDED
v. 1 :
GLES, INC., a Delaware corporation,
d/b/a SWEET OIL COMPANY, :
Defendant/Third-Party Plaintiff ·
v. :
Sunoco, Inc.
Third—Party Defendant
MOTION OF THIRD—PARTY PLAINTIFF GLES, INC. d/b/ a
SWEET OIL COMPANY FOR SUMMARY JUDGMENT ON
"COUNT I-DECLARATORY .]"UDGMENT" OF AIVIENDED
THIRD-PARTY COMPLAINT AGAINST SUNOCO, INC. gR&ly![
Third-Party Plaintiff GLES, Inc., d/b/a Sweet Oil Company, hereby moves for
Surnrnary Judgment pursuant to Federal Rules of Civil Procedure 56 on Count I-
Declaratory Judgment of the Amended Third-Party Complaint against Sunoco, Inc.
(R&M). Third—Party Plaintiff seeks judgment, as a matter of law, declaring that the
"incentive payrnents" under certain Incentive Agreements belong to Sweet Oil and not to
Sunoco. In support of this Motion, Third-Party Plaintiff relies on the Statement of
Undisputed Facts and the Opening Brief in Support of Third—Party Plaintiff GLES, Inc.
d/b/a Sweet Oil Company for Summary Judgment on Count I- Declaratory Judgment of
Amended Third-Party Complaint against Sunoco, Inc. (R&M) that are incorporated
herein by reference.
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Case 1:07-cv—OO207-G|\/IS Document 40 Filed O4/07/2008 Page 2 of 3
Respectfully submitted, _
Seth J. Reidenberg, Esquire (No. 3657)
YOUNG CONAWAY STARGATT
& TAYLOR, LLP
The Brandywine Building g
1000 West Street, 17th 19801
P.O. Box 391
Wilmington, DE 19899-0391
(302) 571-6600
A Hugh J. Hutchison, Esquire
Leonard, Sciolla, Hutchison,
Leonard & Tinari, LLP ·
1515 Market Street, 18th Floor
Philadelphia, PA 19102
(215) 567-1530
(215) 564-4611 (fax)
Attorneys for Defendant/Third-Party Plaintiff
GLES, Inc., a Delaware Corporation, d/b/a Sweet
Oil Company
Dated: April 7, 2008
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Case 1:07-cv—OO207-G|\/IS Document 40 Filed O4/07/2008 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
. BCG, INC., a Delaware corporation, :
CHESAPEAKE PRODUCTS & 2 C.A. No. 07-cv-207 (GMS)
SERVICES, INC., a Delaware corporation :
: TRIAL BY JURY
Plaintiffs, : OF TWELVE DEMANDED
v. : —
GLES, INC., a Delaware corporation,
dfb/a SVVEET OIL COMPANY, :
Defendant/Third-Party Plaintiff
v. :
Sunoco, Inc.
Third-P aity Defendant
ORDER
AND NOW, this day of , upon consideration of the Motion of Third- ·
Party Plaintiff, GLES, Inc., d//b/a/ Sweet Oil Company for Summary Judgment on Count
I—Declarato1y Judgment of the Amended Third~Pa1ty Complaint Against Sunoco,
Inc.,(R&M), and any response thereto, it is hereby ORDERED that the Motion is
GRANTED. On the basis of the stipulated facts and the intent of the parties, as reflected
in the clear and unambiguous language of the relevant agreements, is that Sweet Oil has
not breached the Incentive Agreements for either the Delmar station or the Duck—In
station and is entitled to the incentive payments eamed under those Agreements.
BY THE COURT:
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