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ST. LOUIS RECORD

Thursday, April 18, 2024

Contract dispute between propane monitoring services dismissed

Lawsuits
Satellite

ST. LOUIS –– A federal judge dismissed a case involving a dispute between businesses that use a satellite-based program that provides monitoring of propane and other gas tank storage levels.

In the Aug. 23 ruling, Judge John A. Ross of the U.S. District Court for the Eastern District of Missouri found the court does not have subject matter jurisdiction in the case between InSite Platform Partners Inc., which does business as North American Satellite, and Pacific LPG Corp., which does business as Pacific Propane.

InSite originally brought its lawsuit to state court, seeking damages for breach of contract, fraud and unjust enrichment. The case was moved to federal court in April 2016.

InSite's claims arise out of subscription agreements and Pacific’s use of "SkyTracker" systems and equipment following its cancellation of monitoring services. According to court documents, the SkyTracker system provides real-time monitoring of propane and other gas tank storage levels by satellite.

Ross explained in his ruling that a moving party is entitled to summary judgment if there is a showing of "no genuine issue as to any material fact" and that the moving party is entitled to judgment as a matter of law.

"However, the Court must first find it has jurisdiction to grant relief requested by the parties," Ross wrote. "If a plaintiff lacks standing to sue, the district court has no subject-matter jurisdiction."

Pacific argued that InSite lacks standing to assert any claims, because it is not the real party to enforce a contract between North American Satellite and Pacific.

Ross agreed with Pacific in that InSite lacks standing to sue for damages for breach of contract because it was not the real party of interest to enforce a contract between the parties.

"Thus, the Court does not have subject matter jurisdiction of the issues presented and must dismiss the complaint," he wrote.

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