E3 Biofuels, LLC v. Biothane, LLC

MEMORANDUM AND ORDER

LAURIE SMITH CAMP, Chief Judge.

This matter is before the Court on the Joint Motion for Summary Judgment (Filing No. 381) filed by Defendants Biothane, LLC (“Biothane”) and Perennial Energy Co. (“PEI”) (collectively “Defendants”). For the reasons discussed below, the Motion will be granted.

BACKGROUND

The following facts are those stated in the briefs and supported by pinpoint citations to evidence in the record, those the *996parties have admitted, and those the parties have not properly resisted as required NECivR 56.1 and Federal Rule of Civil Procedure 56.

This ease arose out…