Wilmar Oleo North America LLC v. Eastman Chemical Company

IN TIIE UNITED STATES DISTRICT COURT
FOR TIIE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
Wilmar Oleo North America LLC,
Plaintiff,
v.
Eastman Chemical Company,
Defendant.
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§ 	Civil Action No. H-24-3171
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ORDER OF ADOPTION
The 	Court 	has 	carefully 	considered 	the 	Magistrate 	Judge's 	Memorandum 	and
Recommendation (docket no. 62) dated June 9, 2026, and Defendant, Eastman Chemical Company's
objections (docket no. 63) and Plaintiff, Wilmar Oleo North America LLC' s objections (docket no.
64) and concludes that the Memorandum and Recommendation should be adopted by this Court.
It is, therefore, ORDERED that the Magistrate Judge's Memorandum and Recommendation
is hereby ADOPTED by this Court.
It is further ORDERED that Defendant, Eastman Chemical Company's Motion for Summary
Judgment (docket no. 51) is GRANTED IN PART as to the unjust enrichment claim (Count III) and
DENIED IN PART as to the breach-of-contract claims (Counts I and II).
It is further ORDERED that Defendant, Eastman Chemical Company's Motion to Exclude
the Testimony of Karl L. Killian (docket no. 53) is GRANTED as to the breach-of-contract damages
and DENIED AS MOOT as to the unjust enrichment damages.
United States District Court
Southern District of Texas
ENTERED
June 25, 2026
Nathan Ochsner, Clerk
Case 4:24-cv-03171 Document 65 Filed 06/25/26 in TXSD Page 1 of 2

The Court considers this case appropriate for mediation. If the Parties are not able to settle
the case in the next thirty (30) days, they will provide the Court with the name and contact
information of an agreed mediator or request the Court to refer the case to a Magistrate Judge for a
settlement conference.
Paragraphs 11 and 12 of the Amended Docket Control Order (docket no. 49) are VA CATED.
SIGNED at Houston, Texas, on this the 25th day of June, 2026.
SIM LAKE
SENIOR UNITED STATES DISTRICT JUDGE
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Case 4:24-cv-03171 Document 65 Filed 06/25/26 in TXSD Page 2 of 2