Shahbazi

Shahbazi v. Equilon Enters., LLC

Good Law
116 F. App'x 157
United States Court of Appeals for the Ninth CircuitDecember 16, 2004No. 03-17275California307 words

Opinion

Lead Opinion

MEMORANDUM **

Mehdi Shahbazi and Balwinder Singh appeal the district court’s grant of summary judgment in favor of Equilon Enterprises, LLC. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the grant of summary judgment and review for abuse of discretion the denial of additional discovery, U.S. v. Kitsap Physicians Service, 314 F.3d 995, 1000 (9th Cir.2002), and reconsideration, Carroll v. Nakatani, 342 F.3d 934, 940 (9th Cir.2003). We affirm.

The district properly granted summary judgment in favor of the defendants after determining that Equilon’s assignment of their franchise-related, fuel supply obligations to a third party did not violate the terms of the Petroleum Marketing Protection Act (“PMPA”). See, e.g., Portland 76 Auto/Truck Plaza, Inc. v. Union Oil Co., 153 F.3d 938, 948-49 (9th Cir.1998) (PMPA not implicated by assignment that does not force franchisee out of business either by violating the underlying franchise agreement or violating state law).

The district court properly denied the Appellants’ request to conduct further discovery before summary judgment was granted because the Appellants did not indicate why further discovery was necessary. See…

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