Badger Meter Inc. v. Vintage Water Works Supply, Inc.

ORDER OF PARTIAL SUMMARY JUDGMENT Granting in Part Docket # 53 Denying Docket # 43; Denying Docket # 84; Denying without prejudice Docket # s 71, 72, 77, 78, 79, 85, 86, 87, 88, 89, 90, 91 and

Introduction

Before the Court are the parties’ Cross-Motions for Partial Summary Judgment:

1) Whether the California Equipment Dealers Act; California Business and Professions Code sections 22900-22927 (“CEDA”) applies to the Distributor Agreement between Badger Meter, Inc. (“Badger”) and Vintage Water Works Supply (‘Vintage”);

2) Whether the Distributor Agreement’s choice of law provision is void;

3) Whether Badger violated CEDA when it unilaterally terminated Vintage’s distributor agreement in October 2002.

4) Procedural and evidentiary issues— whether Badger’s failure to file a Joint Statement of Undisputed Facts requires that the Court strike its pleadings; whether the Court should strike any of a number of declarations that the parties object to.

This Court has jurisdiction under 28 U.S.C. § 1332 , as the parties are citizens of different states and the amount in controversy meets the requisite standard. All parties have consented to the jurisdiction of this Court as required…