Marks v. Shell Oil Co‪.‬

Plaintiff-appellant Rose Marks ("Marks") appeals from a summary judgment of the United States District Court for the Eastern District of Michigan, dismissing her action under the Petroleum Marketing Practices Act ("PMPA"), 15 U.S.C. § 2801 et seq., against defendant-appellee Shell Oil Company ("Shell"). Because we believe that it was an abuse of discretion for the district court to grant Shells summary judgment motion without first considering and ruling on Marks pending motion to amend her complaint, we VACATE the judgment of the district court and REMAND for further proceedings.