ALBOYACIAN et al v. BP PRODUCTS NORTH AMERICA, INC.
Filing
38
ORDER granting 19 Motion for Partial Summary Judgment; denying 20 Motion to Dismiss, etc. Signed by Judge William J. Martini on 9/14/11. (gh, )
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
BP PRODUCTS NORTH AMERICA, INC.,
Plaintiff,
v.
Civ. Nos. 9-4210, 9-5143
HILLSIDE SERVICE, INC., et al.,
Defendants.
ORDER
ALBOYACIAN, et al.,
Plaintiffs,
HON. WILLIAM J. MARTINI
v.
BP PRODUCTS NORTH AMERICA, INC.,
Defendant.
THIS MATTER having come before the Court on motions for summary
judgment filed in both of the above-captioned cases; for the reasons set forth in this
Court’s accompanying Opinion; and good cause appearing;
IT IS on this 14th day of September 2011, hereby,
ORDERED that Defendants’ motion for summary judgment in Civil Action
Number 9-4210 is GRANTED; and it is further
ORDERED that Plaintiff’s motion for summary judgment in Civil Action
Number 9-4210 is DENIED; and it is further
ORDERED that Plaintiffs’ motion for partial summary judgment in Civil Action
Number 9-5143 is GRANTED; and it is further
ORDERED that Defendant’s motion for summary judgment in Civil Action
Number 9-5143 is DENIED; and it is further
ORDERED and DECLARED that BP Products North America, Inc.’s (“BP”)
announced non-renewal of the Commission Marketer’s Agreements would constitute a
violation of the New Jersey Franchise Practices Act for which BP would be obligated to
pay compensation in accordance with applicable law; and it is further
ORDERED that Civil Action Number 9-4210 is dismissed with prejudice.
/s/ William J. Martini
WILLIAM J. MARTINI, U.S.D.J.
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