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

Case 1:07-cv-00207-GMS

Document 39

Filed 04/07/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE BCG, INC. and CHESAPEAKE PRODUCTS & SERVICES, Plaintiffs, v. GLES, INC. d/b/a SWEET OIL COMPANY, Defendant/Third-Party Plaintiff, v. SUNOCO, INC., Third-Party Defendant. : : : : : : : : : : : : : :

C.A. No. 07-cv-207 (GMS) TRIAL BY JURY OF TWELVE DEMANDED NON-ARBITRATION CASE

THIRD-PARTY DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON COUNT I OF THE AMENDED THIRD-PARTY COMPLAINT PURSUANT TO FED. R. CIV. P. 56 For the reasons set forth in the accompanying Opening Brief, Third-Party Defendant Sunoco Inc. (R&M), improperly identified as Sunoco, Inc., by and through its undersigned counsel, hereby moves pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment on Count I of the Amended Third-Party Complaint as there is no genuine issue as to any material fact and Sunoco, Inc. (R&M) is entitled to judgment as a matter of law. PEPPER HAMILTON LLP /s/ Matthew A. Kaplan Matthew A. Kaplan (#4956) PEPPER HAMILTON LLP Hercules Plaza, Suite 5100 1313 N. Market Street P.O. Box 1709 Wilmington, DE 19899-1709 Telephone No.: 302-777-6528 A. Christopher Young Jennifer Lori Lambert PEPPER HAMILTON LLP

Case 1:07-cv-00207-GMS

Document 39

Filed 04/07/2008

Page 2 of 3

3000 Two Logan Square Eighteenth and Arch Streets Philadelphia, PA 19103-2799 Telephone No.: 215-981-4190 Dated: April 7, 2008 Attorneys for Third-Party Defendant, Sunoco, Inc. (R&M)

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Case 1:07-cv-00207-GMS

Document 39

Filed 04/07/2008

Page 3 of 3

Case 1:07-cv-00207-GMS

Document 39-2

Filed 04/07/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE BCG, INC. and CHESAPEAKE PRODUCTS & SERVICES, Plaintiffs, v. GLES, INC. d/b/a SWEET OIL COMPANY, Defendant/Third-Party Plaintiff, v. SUNOCO, INC., Third-Party Defendant. : : : : : : : : : : : : : : :

C.A. No. 07-cv-207 (GMS) TRIAL BY JURY OF TWELVE DEMANDED NON-ARBITRATION CASE

ORDER AND NOW, on this ___ day of _____, 2008, upon consideration of Third-Party Defendant's Motion for Summary Judgment and supporting Brief, and Defendant/Third Party Plaintiff's response thereto, it is hereby ORDERED that the Motion is GRANTED in favor of Third-Party Defendant Sunoco, Inc. (R&M) as there is no genuine issue as to any material fact and Sunoco, Inc. (R&M) is entitled to judgment as a matter of law as to Count I of Defendant/Third-Party Plaintiff's Amended Third-Party Complaint declaring that GLeS, Inc. d/b/a Sweet Oil Company is liable to pay Sunoco liquidated damages under the Incentive Agreements as a result of the non-renewal of the Distributor Agreement and the debranding of the Delmar and Duck-In stations in February 2007.

UNITED STATES DISTRICT JUDGE