Jasjeet Dhillon, Kamal Creations, Inc., Jasjeet Dhillon, Inc., J and K Convenience Store, Inc., Jassi and Mirna, Inc., and K & A Convenience Stores, Inc. v. 7-Eleven, Inc. and Does 1-10

Summary

The United States District Court for the Southern District of California denied 7-Eleven, Inc.’s motion for reconsideration of the court’s partial denial of its motion to dismiss. The court also denied 7-Eleven’s alternative request to certify two issues for interlocutory appeal under 28 U.S.C. § 1292(b).

Holdings

1. Reconsideration was not warranted because 7-Eleven did not establish newly discovered evidence, clear error or manifest injustice, or an intervening change in controlling law. The breach-of-contract claims at issue depended on the enforceability of the Sales Opportunity Agreement, an issue the court would not adjudicate on a motion to dismiss.
2. Certification for interlocutory appeal was denied because 7-Eleven failed to show a substantial ground for difference of opinion or otherwise satisfy the requirements of 28 U.S.C. § 1292(b).

Questions Presented

1. Whether reconsideration of the court's prior interlocutory ruling was warranted because the court allegedly relied on claims or allegations not asserted in the Second Amended Complaint.
2. Whether the court should certify two issues for interlocutory appeal under 28 U.S.C. § 1292(b).

Disposition

other