BP Products North America Inc. v. Grand Petroleum, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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7 BP PRODUCTS NORTH AMERICA, INC., Case No.: 20-CV-901 YGR

8 Plaintiff, ORDER DENYING PRELIMINARY INJUNCTION;

GRANTING IN PART AND DENYING IN PART

9 vs. MOTION TO DISMISS COUNTERCLAIM; AND

ADVANCING CASE MANAGEMENT

10 GRAND PETROLEUM, et al. CONFERENCE

11 Defendants. DKT. NOS. 20, 39

12 Presently pending before the Court are the motions of plaintiff BP Products North America, 13 Inc. (“BP”) for preliminary injunctive relief (Dkt. No. 20) and to dismiss claims 1, 2, 3, and 5 of the 14 Counterclaim in this action (Dkt. No. 39). The Court has thoroughly reviewed the papers, pleadings, 15 and admissible evidence filed in support of and in opposition to the motions and ORDERS as follows: 16

I. PRELIMINARY INJUNCTION

17 BP’s motion for a preliminary injunction is DENIED. BP has not established a likelihood of 18 success on the merits of its claim that it is entitled to injunctive relief because it lawfully terminated 19 its franchise agreements with defendants. 20 The burden is on BP to establish a…