Automated Summary
Key Facts
Plaintiff Victory Renewables, LLC (a Kansas LLC with a Texas business) alleges Defendant Energy Trading Co., LLC (a Delaware LLC with a California business) failed to pay for over 240 biodiesel deliveries. The dispute arises from a 2017 Asset Purchase Agreement where Victory Renewables acquired VicNRG's biodiesel business, including transitional operations and three sales agreements with the defendant. The case was transferred to the Central District of California in 2019, and the court granted the unopposed motion to dismiss without prejudice on August 20, 2019.
Transaction Type
Asset Purchase Agreement for the acquisition of VicNRG's biodiesel business assets and liabilities.
Issues
The court granted Plaintiff's Motion to Dismiss without prejudice because Defendant did not file an opposition or counterclaim, and there was no showing of legal prejudice. Under Local Rule 7-12, the Court deemed Defendant's inaction as consent to the motion.
Holdings
The court grants the plaintiff's motion to dismiss without prejudice, as the defendant failed to file an opposition or a counterclaim, and did not demonstrate legal prejudice. The dismissal is deemed consent under local rules.
Remedies
The Court grants Plaintiff's Motion to Dismiss without prejudice, allowing the plaintiff to pursue its rights under the arbitration provision of the Sales Agreements with the Defendant in Southlake, Texas.
Legal Principles
The court granted the motion to dismiss under Fed. R. Civ. P. 41(a)(2), noting that dismissal is appropriate unless the defendant demonstrates plain legal prejudice. The decision also relied on Local Rule 7-12, which deems consent to unopposed motions when no opposition is filed. No counterclaims or prejudice were identified by the defendant, leading to the dismissal without prejudice.
Precedent Name
- Alipot v. Aurora Loan Servs., LLC
- Westlands Water Dist. v. United States
- Smith v. Lenches
Cited Statute
- Federal Rules of Civil Procedure
- Central District of California Local Rules
Judge Name
Ronald S.W. Lew
Passage Text
- The Court deems Defendant's failure to file an opposition as consent to granting the Motion. Cf. Alipot v. Aurora Loan Servs., LLC, No. CV 09-08431 DDP (EX), 2010 WL 365975, at *1 (C.D. Cal. Jan. 25, 2010) ("[T]he Court deems Plaintiff's failure to oppose consent to granting Defendant's Motion to Dismiss.").
- Defendant has not filed a counterclaim in this Action, nor identified any legal prejudice it would suffer if the Action were dismissed. As such, the Court GRANTS Plaintiff's Motion.