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Commercial Lubricants LLC v. Safety-Kleen Systems Inc.

Firm Waived Claim's Arbitration But 2015 Letter Acted as Notice of Agreement's Termination

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MEMORANDUM & ORDER Plaintiff and Counterclaim-Defendant Commercial Lubricants, LLC commenced the above-captioned action against Defendant and Counterclaim-Plaintiff Safety-Kleen Systems, Inc., alleging that Defendant breached certain contracts relating to the distribution of recycled oil. (Compl., Docket Entry No. 1.) On August 13, 2015, Plaintiff filed a Second Amended Complaint (“SAC”), asserting claims for, inter alia, breach of a “Used Oil Incentive Agreement” governing the disposal of waste oil (the “Waste Oil Agreement”). (SAC

141-43, Docket Entry No. 14.)Currently before the Court is Defendant’s motion for summary judgment as to Plaintiff’s claim for breach of the Waste Oil Agreement. (Def. Mot. for Partial Summ. J. (“Def. Mot.”), Docket Entry No. 39; Def. Mem. in Supp. of Def. Mot. (“Def. Mem.”), Docket Entry No. 39-1; Def. Suppl. Mem. in Supp. of Def. Mot. (“Def. Suppl. Mem.”), Docket Entry No. 54.) For the reasons discussed below, the Court grants Defendant’s motion.I. BackgroundThe Court assumes the parties’ familiarity with the underlying facts and procedural history of the case as set forth in its prior decision, see Commercial Lubricants, LLC v. Safety-Kleen Sys., Inc., No. 14-CV-7483, 2017 WL 3432073, at *1 (E.D.N.Y. Aug. 8, 2017), and provides only a summary of the relevant facts and procedural history below.a. Factual backgroundThe facts are undisputed unless otherwise noted.¹ Defendant is a used oil-refiner, and Plaintiff is a distributor of recycled oil products in the New York metropolitan area. (Def. 56.1

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