Los Feliz Ford, Inc. v. Chrysler Group, LLC

FILED

UNITED STATES COURT OF APPEALS MAY 22 2014

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

LOS FELIZ FORD, INC., DBA Star No. 12-56082 Chrysler Jeep, D.C. No. 2:10-CV-06077-GAF- Plaintiff - Appellant, MAN Central District of California, v. Los Angeles

CHRYSLER GROUP, LLC,

ORDER

Defendant - Appellee,

and

UNITED STATES OF AMERICA,

Intervenor.

Before: D.W. NELSON, PAEZ, and NGUYEN, Circuit Judges.

Chrysler’s Petition for Panel Rehearing is granted, and the Memorandum

Disposition filed April 24, 2014 is amended as follows.

In the second sentence of the second paragraph on the third page, “franchise

agreements” is changed to “LOIs.” The sentence now states: The relevant inquiry

in analyzing § 747(e)’s “customary and usual” requirement is the terms of LOIs

that new Chrysler dealers actually agreed to.

At the end of the same sentence, a footnote is added that states: The LOI Chrysler offered to Star states “[t]his letter of intent . . . [is] to enter

into Chrysler and Jeep Sales and Service Agreements . . . in their…