1986); Waymanv. Although the contracts with the Dealers do not require them to buy Shell gasoline exclusively from Shell itself, agreements between Shell and its jobbers effectively eliminate the only major alternative source for Shell-branded gasoline. The sender requests that you send them money or pay in advance for services. Before assuming her current role, Rose served as General Manager of Supply & Logistics for Motiva, overseeing the safe, efficient operation of the companys terminal and pipeline assets, in addition to groups responsible for supply scheduling, commercial contracting, marine and land logistics. Shell submits that there is no evidence that its DTW price caused any particular Dealer to fail or be uncompetitive in the market. Id. Brenda joined Motiva in 2001 at the Port Arthur Refinery in Texas and has held a variety of positions in the environmental, compliance, and health, safety, security. [10] In March 2017, Royal Dutch Shell plc signed definitive agreements with Saudi Refining Inc. that gave full ownership of refining and marketing joint venture Motiva Enterprises, LLC to Saudi Refining.[1][2]. Always striving to understand how others see the world, Travis serves on the board of directors of FotoFest, a photography arts organization, in Houston. Shell points out that the Dealers= own expert agreed that the lessee dealer is Aa class of trade whose economic viability is dying@ due to broader market forces, including the entry of mass merchandisers into gasoline retailing. Lorsque vous utilisez nos sites et applications, nous utilisons des, authentifier les utilisateurs, appliquer des mesures de scurit, empcher les spams et les abus; et. Allapattah, 61 F. Supp. There are several ways to recognize if an email is fraudulent. In their free time they enjoy traveling, spending time with family and volunteering. Ct. App. In this role, Rose oversees management of all the companys financial functions including accounting, audit, treasury, tax, trading risk and compliance. [5] Motiva operates as a distributor of Shell and 76 branded gasolines within its operating territory. Kimberly earned an undergraduate degree in psychology from Baylor University and Master of Business Administration and Juris Doctorate degrees from the University of Houston. Get a D&B Hoovers Free Trial. @ Id. Committed to developing high-performing teams and empowering them to deliver exceptional results, Jeff brings more than 30 years of downstream and midstream energy experience to Motiva, including leading multiple international organizations. from Dartmouth College and her J.D. The Dealers rely extensively on the Fifth Circuit Court of Appeals= recent decision in Mathis v. Exxon Corp., 302 F.3d 448 (5th Cir. Get in touch to share your skills and experience. He has also completed executive programs at Harvard Business School, Stanford University, and Case Western Reserve University. They understood that requiring sellers in open-price industries, such as the oil and gas industry, to justify the reasonableness their prices in order to satisfy section 2.305 would Amean[] that in every case the seller is going to be in a lawsuit@ and that every sales contract would become Aa public utility rate case. WalletHub, Financial Company. See If You Prequalify*. 102 S.W.3d 205. Bill is a dynamic leader with more than three decades of global retail strategy, fuel sales marketing and energy operations experience. The drafters reasonably foresaw that almost any price could be attacked unless it benefitted from a strong presumption. Visit Website. She is at the forefront of protecting Motivas business interests and building the companys reputation in the industry. MOTIVA ENTERPRISES LLC CASH TENDER OFFER FOR ANY AND ALL OF ITS - Yahoo & Com. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. The court of appeals= wholesale cost analysis indiscriminately compares Shell=s DTW price to prices available to other classes of trade, with different contractual buying arrangements. Language links are at the top of the page across from the title. She is a member of the State Bar of Texas, the Houston Bar Association, the Texas General Counsel Forum, and the Association of Corporate Counsel. The Fortiva Credit Card, Fortiva Retail Credit and Fortiva Personal Loan products are issued by The Bank of Missouri, Perryville, MO, Member FDIC. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. at 1312-13. Were the proud distributor of two formidable fuel brands - Shell and 76. 2d 1308, 1322 (S.D. Code ' 2.305(b). The DTW price is typically higher than the rack price, although Shell does not set either price in relation to the other. And the court of appeals agreed that there was enough circumstantial evidence to raise a fact issue about Shell=s subjective motives and therefore its good faith. Use the unsecured Fortiva Credit Card anywhere Mastercard. She joined Motiva in January of 2020 as Motivas Executive Vice President, General Counsel, Secretary and Business Compliance Officer. Motiva Enterprises LLC Company Profile | Baltimore, MD | Competitors 664 F.2d at 778. Id. 2. TARGET00024653SANDIEGOCA Thus, the court placed the following limitation on Comment 3's safe harbor: [Comment 3] avoids challenges to prices set according to an open price term unless that challenge is outside the normal type of case. She serves on the board of directors of First Coast Energy and volunteers her time as an organizational mentor within Motiva and as a community partner with organizations such as Big Brothers Big Sisters of America, Buffalo Bayou Partnership and the United Negro College Fund. Click View Statement (or Account Activity or Transactions or Whatever), Click Download (or download statement or whatever), Choose the maximum date range if you can (you may have to do this once per month), Choose CSV or Excel or Spreadsheet format, Open the downloaded file in Excel or another spreadsheet application, Select the entire column of the charge names (they look like the grey box above). The charge on your credit card statement that you don't recognize could be a charge from an unfamiliar merchant, a fee charged by the card issuer, a mistake of some sort, or an unauthorized credit card transaction. Finally, Shell sells branded and unbranded gasoline to jobbers. Justice O=Neill, Justice Schneider, and Justice Brister did not participate in the decision. Motiva communicates via email only where an established commercial relationship between Motiva and a supplier or customer already exists. Open-price-term contracts are commonly used in the gasoline refining and marketing industry due to price volatility. The sender pressures you to act immediately. @ Wayman, 923 F. Supp. .@). Prior to Husky Energy, Jeff served for 11 years in executive-level roles at the Vienna-based integrated energy company OMV, including head of Refining and Petrochemicals at the Petrom subsidiary, head of Downstream Optimization, Supply and Trading, and head of M&A and Corporate Development. Jobbers may have distribution agreements with several refiners simultaneously. 102 S.W.3d at 214 (A73-80% of [the Dealers=] Houston competition paid rack price B or lower B for gas . The email is written using poor English and includes grammatical errors. 1 complaints closed in last 12 months. Moreover, the court=s description of the Dealers as A>captive buyers= required to purchase Shell-branded gas at Shell=s price@ is not evidence of bad faith or an abnormal case within the meaning of Comment 3. "As supply chain uncertainty continues to create disruptions for businesses across the globe, Motiva has found it more critical than ever to transform its IT services, increase IT operational efficiencies, and enhance digital workplace services," said Anthony Dayao, Motiva Chief Information Officer. Bills, Inc. v. Tzucanow, 700 P2d 1280 (Cal. . Environmental, Social and Governance (ESG), HVAC (Heating, Ventilation and Air-Conditioning), Machine Tools, Metalworking and Metallurgy, Aboriginal, First Nations & Native American. Best Charge Cards of 2021: Compare & Apply | CreditCards.com Your pasted text should look like this: PANERA BREAD #688 TROY MI. Shell moved for summary judgment on Dealers= good-faith pricing claims, contending that it was entitled to judgment as a matter of law because it charged a posted price applied uniformly to all Dealers and was a commercially reasonable price as well. "Our partnership with Kyndryl is an important step on the path to better optimize IT operational costs while advancing our digital transformation strategy. We agree with those decisions that have upheld the posted price presumption against similar attacks. AMAZONMKTPLACEPMTSAMZN.COM/BILLWA. Kimberly was instrumental in standing up the companys current HR organization and employee benefit plans and has been involved in several of the companys largest initiatives and transactions. It has a $0 annual fee, a 0% foreign transaction fee and plenty of rewards. motiva enterprises houston tx charge on credit card 2003). Website. 61980AAD5 (144A . Motiva operates as a distributor of Shell and 76 branded gasolines within its operating territory.. Search. Here, you'll find details about all the transactions on your account, including purchases charged to the card during the last billing period. @), aff=d, 185 F.3d 865 (table), 1999 WL 393666 (9th Cir. Motivas suppliers and customers will only be asked to interact with us through a Contact Us link on motiva.com or through an approved E-Service Portal link. Mysterious or fraudulent charges on your credit card statement are no need to panic, but they do require quick action. The average credit card processing fee ranges between 1.5% and 3.5%. R. 36-3(b)(iii). Pa. 1982); Adams v. G.J. at 806. Those dealers similarly complained that the refiner had breached its duty of good faith by purposefully setting its dealer price for gasoline at uncompetitively high levels to run them out of business. - About Us She is licensed to practice in the state of Texas and before the U.S. Supreme Court, U.S. Courts of Appeals for the Fifth, Eighth and Federal Circuits, as well as the U.S. District Courts of the Northern, Eastern, Southern and Western Districts of Texas. 1981), and Allapattah Serv., Inc v. Exxon Corp., 61 F. Supp. Motiva Enterprises LLC (Motiva) announced today the expiration of the previously announced cash tender offer (the Offer) for any and all of its outstanding 6.85% senior notes due January 15, 2040 (CUSIP Nos. |, Los productos Fortiva Credit Card (Tarjeta de Crdito Fortiva) y Fortiva Retail Credit (Crdito Minorista de Fortiva) son emitidos por The Bank of Missouri, Perryville, MO. 499, 509 (E.D. 1981); Harvey v. Fearless Farris Wholesale, Inc., 589 F.2d 451, 461 (9th Cir. Although Shell has the right under the Dealer Agreement to fix the DTW price at which the Dealers must buy its gasoline, all parties agree that it must exercise this right in good faith. Dealers further assert that Shell=s DTW pricing is part of a plan to replace them with company-operated outlets which are more profitable for Shell. Approved communications from Motiva, including our subsidiaries, will be sent using an @motiva.com email address. 1998); T.A.M., Inc. v. Gulf Oil Corp., 553 F. Supp. What is MOTIVA ENTERPRISES HOUSTON TX? | Scam Charge at 454-55. Amy leads with integrity and is fully committed to strong business compliance principles and risk mitigation. motiva enterprises houston tx charge on credit card From environmental oversight to community involvement, being a good neighbor - every day - is something we are proud of. But good faith under section 2.305(b) does not mandate a competitive price for each individual Dealer, nor could it. Most contracts for the sale of goods specify a price, but some do not because either the parties fail to consider the issue directly or purposefully leave it for later determination. Id. Allapattah, 61 F. Supp. PO Box 4369. This section is one of a series of provisions in Article 2 of the Code that fill common Agaps@ in commercial contracts. Travis helped guide Motivas early entry into the chemicals business with the 2019 acquisition of Flint Hills Port Arthurs chemicals facility. He also serves on the board and executive committee of the American Fuel and Petrochemical Manufacturers (AFPM), the Board of the American Petroleum Institute (API) and the Board of the Greater Houston Partnership. The Offer to Purchase and the Notice of Guaranteed Delivery are referred to herein collectively as the Offer Documents., 76 is a registered trademark owned by Phillips 66 Company. Chief Justice Phillips delivered the opinion of the Court. What's This Charge on My Credit Card? | Capital One You can track the letter by sending it via . Bill earned a Bachelor of Science degree in finance from the University of Colorado. ; see also Tex. Brenda and her husband Conly have been married for 28 years and have two children. 3 (emphasis added). Id. He and his wife Becky have been married for 31 years and have two children. 1979); see also 1 James J. My Account. from the University of Texas School of Law. In doing so, the company is delivering technology efficiency for employees, improved backend workflows, and high value to its customers in today's increasingly complex energy market. Financial solutions for everyday needs & unexpected expenses.