Can-Am Fuel Distribution, LLC v. Sinclair Oil, LLC, et al.
| CAN-AM FUEL DISTRIBUTION, LLC, SINCLAIR OIL, LLC, FKA: Sinclair Oil Corporation and GLOVIS AMERICA, INC. |
| 25-3141 |
| May 15, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 CAN-AM FUEL DISTRIBUTION, LLC V. SINCLAIR OIL, LLC, ET AL.Tacoma, Western WashingtonCivilW. FLETCHER
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Docket Report
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This docket was last retrieved on November 7, 2025. A more recent docket listing may be available from PACER.
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Filing 49
ORDER FILED. William A. FLETCHER, Morgan B. CHRISTEN, Andrew D. HURWITZ This court notes that it has received Plaintiff/Appellant Can-Am Fuel Distribution, LLCs Petition to Appeal Pursuant to 28 U.S.C. 1292(b). Dkt. No. 48. A petition for permission to appeal must be filed as a new case in the court of appeals. See, e.g., Fed. R. App. P. 5; Rutter Group Practice Guide: Federal Ninth Circuit Civil Appellate Practice, Ch. 2, 170. The Clerk will open a new petition for permission to appeal from Docket Entry No. 48. This court will continue to hold this appeal, No. 25-3141, in abeyance pending resolution of the petition for permission to appeal. [Entered: 11/07/2025 04:20 PM]
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| Filing 48 RESPONSE to Court Order (DE 46) filed by Appellant Can-Am Fuel Distribution, LLC. [Court entered filing to correct DE 47] [COURT UPDATE: per court order at DE 49, filing opened a petition for permission to appeal, case no. 25-7091] [Entered: 11/06/2025 03:29 PM] [Edited: 11/07/2025 04:50 PM] |
| Filing 47 DEFECTIVE --- SUPPLEMENTAL BRIEF submitted for filing by Appellant Can-Am Fuel Distribution, LLC. [Wrong filing type used, corrected in DE 48] [Entered: 11/06/2025 01:57 PM] [Edited: 11/06/2025 03:30 PM] |
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Filing 46
ORDER FILED. William A. FLETCHER, Morgan B. CHRISTEN, Andrew D. HURWITZ This court notes that it has received the district courts order granting Plaintiff/Appellant Can-Am Fuel Distribution, LLCs Motion for Entry of an Interlocutory Order. Dkt. No. 44. This court will continue to hold this appeal in abeyance pending receipt of a timely notice of appeal pursuant to 28 U.S.C. 1292(b)s ten-day filing requirement. [Entered: 11/03/2025 10:29 AM]
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| Filing 45 MOTION to Reset Briefing Schedule filed by Appellee Sinclair Oil, LLC. [Entered: 10/31/2025 04:11 PM] |
| Filing 44 RESPONSE to Court Order (DE 42) filed by Appellant Can-Am Fuel Distribution, LLC. [Court entered filing to correct DE 43] [Entered: 10/31/2025 12:23 PM] |
| Filing 43 DEFECTIVE --- STATUS REPORT filed by Appellant Can-Am Fuel Distribution, LLC. [Wrong filingtype used, corrected in DE 44] [Entered: 10/31/2025 12:07 PM] [Edited: 10/31/2025 12:24 PM] |
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Filing 42
ORDER FILED. William A. FLETCHER, Morgan B. CHRISTEN, Andrew D. HURWITZ This court holds this appeal in abeyance to allow Plaintiff/Appellant Can- Am Fuel Distribution, LLC, to move promptly in the district court for entry of an interlocutory order under 28 U.S.C. 1292(b) with respect to the district courts dismissal under Federal Rule of Civil Procedure 12(b)(6) of Can-Ams claim for relief under the Petroleum Marketing Practices Act, 15 U.S.C. 2801 et seq. See district court order of February 25, 2025. Entry of an order by the district court under 1292(b) will allow this court to facilitate the efficient management of the case now before the district court. If the district court is willing to enter such order under 1292(b), it should enter a new order granting dismissal under Rule 12(b)(6) in order to comply with the ten-day requirement of 1292(b). [Entered: 10/24/2025 02:42 PM]
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| Filing 41 ARGUED AND SUBMITTED to William A. FLETCHER, Morgan B. CHRISTEN, Andrew D. HURWITZ. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [Entered: 10/23/2025 11:21 AM] |
| Filing 40 NOTICE OF ORAL ARGUMENT on Thursday, October 23, 2025 - 09:00 A.M. - PO 2nd Floor Ctrm - Scheduled Location: Portland OR View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-3141] [Entered: 10/14/2025 12:01 PM] |
| Filing 39 ACKNOWLEDGMENT of hearing notice filed by Michael J. Lockerby for Appellant Can-Am Fuel Distribution, LLC. Hearing in Portland - 2nd Floor Courtroom in Portland, on 10/24/2025 9:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Court edit to correct argument date] [Entered: 09/23/2025 06:01 PM] [Edited: 09/24/2025 09:16 AM] |
| Filing 38 ACKNOWLEDGMENT of hearing notice filed by Mary W. Cullen for Appellee Glovis America, Inc.. Hearing in Portland - 2nd Floor Courtroom in Portland, on 10/24/2025 9:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 5). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Court edit to correct argument date] [Entered: 09/23/2025 11:41 AM] [Edited: 09/23/2025 11:44 AM] |
| Filing 37 ACKNOWLEDGMENT of hearing notice filed by Abby Risner for Appellee Sinclair Oil, LLC. Hearing in Portland - 2nd Floor Courtroom in Portland, on 10/24/2025 9:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 10). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Court edit to correct argument date] [Entered: 09/23/2025 11:15 AM] [Edited: 09/23/2025 11:24 AM] |
| Filing 36 NOTICE OF ORAL ARGUMENT on Friday, October 24, 2025 - 09:00 A.M. - PO 2nd Floor Ctrm - Scheduled Location: Portland OR View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available #here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-3141] [Entered: 08/26/2025 12:01 PM] |
| Filing 35 Paper copies (6) of Reply Brief submitted at DE 33 by Appellant Can-Am Fuel Distribution, LLC received. [Entered: 08/06/2025 10:46 AM] |
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Filing 34
ORDER FILED. Reply Brief submitted at DE 33 by Appellant Can-Am Fuel Distribution, LLC is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with gray front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 07/31/2025 03:33 PM]
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| Filing 33 REPLY BRIEF submitted for filing by Appellant Can-Am Fuel Distribution, LLC. [Entered: 07/31/2025 12:25 PM] |
| Filing 32 Paper copies (6) of Answering Brief submitted at DE 26 by Appellee Sinclair Oil, LLC received. [Entered: 07/17/2025 04:10 PM] |
| Filing 31 Paper copies (6) of Answering Brief submitted at DE 28 by Appellee Glovis America, Inc. received. [Entered: 07/16/2025 04:56 PM] |
| Filing 30 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Glovis America, Inc.. [Entered: 07/15/2025 10:13 AM] |
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Filing 29
ORDER FILED. Answering Brief submitted at DE 28 by Appellee Glovis America, Inc. is filed. Within 7 days of this order, Appellee must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 07/11/2025 08:57 AM]
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| Filing 28 ANSWERING BRIEF submitted for filing by Appellee Glovis America, Inc.. [Entered: 07/10/2025 03:36 PM] |
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Filing 27
ORDER FILED. Answering Brief submitted at DE 26 by Appellee Sinclair Oil, LLC is filed. Within 7 days of this order, Appellee must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 07/10/2025 12:43 PM]
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| Filing 26 ANSWERING BRIEF submitted for filing by Appellee Sinclair Oil, LLC. [Entered: 07/10/2025 12:16 PM] |
| Filing 25 Paper copies (6) of Opening Brief submitted at DE 17 by Appellant Can-Am Fuel Distribution, LLC received. [Entered: 06/18/2025 10:00 AM] |
| Filing 24 Paper copies (3) of Excerpts of Record in 5 Volumes and Index Volume submitted at DE 18 by Appellant Can-Am Fuel Distribution, LLC received. [Entered: 06/18/2025 09:54 AM] |
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Filing 23
ORDER FILED. Opening Brief submitted at DE 17 by Appellant Can-Am Fuel Distribution, LLC is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 18 by Appellant Can-Am Fuel Distribution, LLC are filed. Within 7 days of this order, Appellant must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 06/13/2025 10:29 AM]
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| Filing 22 ADDED Counsel for Appellee Ryan Vollans [Entered: 06/12/2025 04:26 PM] |
| Filing 21 NOTICE OF APPEARANCE by Ryan Vollans for Appellee Glovis America, Inc.. [Entered: 06/12/2025 04:21 PM] |
| Filing 20 ADDED Counsel for Appellee Mary W. Cullen [Entered: 06/12/2025 04:13 PM] |
| Filing 19 NOTICE OF APPEARANCE by Mary W. Cullen for Appellee Glovis America, Inc.. [Entered: 06/12/2025 04:06 PM] |
| Filing 18 EXCERPTS OF RECORD submitted for filing by Appellant Can-Am Fuel Distribution, LLC. [Entered: 06/12/2025 02:42 PM] |
| Filing 17 OPENING BRIEF submitted for filing by Appellant Can-Am Fuel Distribution, LLC. [Entered: 06/12/2025 02:36 PM] |
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Filing 16
ORDER FILED. Kim McLane WARDLAW, Gabriel P. SANCHEZ The motion (Docket Entry No. 6) to stay the district courts May 12, 2025 order is denied. See Nken v. Holder, 556 U.S. 418, 434 (2009) (defining standard for stay pending appeal). The existing briefing schedule remains in effect.} [Entered: 06/06/2025 02:15 PM]
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| Filing 15 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 13) filed by Appellant Can-Am Fuel Distribution, LLC. [Entered: 06/05/2025 07:35 PM] |
| Filing 14 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [Entered: 06/02/2025 05:13 PM] |
| Filing 13 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 6) filed by Appellee Sinclair Oil, LLC. [Entered: 06/02/2025 03:37 PM] |
| Filing 12 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Sinclair Oil, LLC. [Entered: 05/29/2025 08:52 AM] |
| Filing 11 ADDED Counsel for Appellee Abby Risner [Entered: 05/28/2025 10:25 AM] |
| Filing 10 NOTICE OF APPEARANCE by Abby Risner for Appellee Sinclair Oil, LLC. [Entered: 05/28/2025 07:17 AM] |
| Filing 9 MEDIATION ORDER: By 5/30/2025, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 05/27/2025 01:19 PM] |
| Filing 8 MEDIATION QUESTIONNAIRE filed by Appellant Can-Am Fuel Distribution, LLC. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 05/23/2025 11:08 AM] |
| Filing 7 MEDIATION ORDER (text only): Mediation Questionnaire due (Appellant) 5/28/2025. The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Appellant shall file a Mediation Questionnaire (#form07.pdf (uscourts.gov)) or dismiss the appeal voluntarily. Information about the mediation program may be found on the court's website: #www.ca9.uscourts.gov/mediation. [Entered: 05/23/2025 10:27 AM] |
| Filing 6 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Can-Am Fuel Distribution, LLC. [Court entered filing to correct DE 5] [Entered: 05/22/2025 10:52 AM] |
| Filing 5 DEFECTIVE --- Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Can-Am Fuel Distribution, LLC. [Wrong filing type used, corrected in DE 6] [Entered: 05/21/2025 10:05 PM] [Edited: 05/22/2025 10:53 AM] |
| Filing 4 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Can-Am Fuel Distribution, LLC. [Entered: 05/21/2025 09:21 PM] |
| Filing 3 Amended Notice of Appeal Received. [Entered: 05/19/2025 04:32 PM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 5/20/2025, Preliminary Injunction Opening Brief Due (Appellant) 6/12/2025, Preliminary Injunction Answering Brief Due (Appellee) 7/10/2025. For appeal no. 25-3141, 3:24-cv-05743-DGE.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 05/15/2025 04:40 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:24-cv-05743-DGE has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-3141 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 05/15/2025 04:36 PM] |
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