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In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

 
Case Number: 1:2000cv01898
Filed: March 10, 2000
 
Court: New York Southern District Court
Office: Foley Square Office [ Court Info ]
Presiding Judge: Judge Shira A. Scheindlin
 
Nature of Suit: Torts - Property - Property Damage Product Liability
Cause: 28:1452 R&R re motions to remand (non-core)
Jury Demanded By: Both
 

Docket Report

We have record of the following docket entries for this case.
Date Filed#Document Text
March 10, 20001NOTICE OF REMOVAL from Supreme State Court County of New York; State Court Case # 100884-00; FILING FEE $150.00. RECEIPT # 369087. (em)
March 10, 2000 Magistrate Judge Ronald L. Ellis is so Designated. (em)
March 10, 20002RULE 1.9 CERTIFICATE filed by Texaco Inc. (em) Modified on 03/13/2000
March 10, 20003NOTICE of notice of filing of notice of removal by Texaco Inc. (sn) Modified on 03/13/2000
March 22, 20004Court Opinion or Order ORDER; that the request for the pro hac vice admission of Richard Wallace, and Anthony King to appear on behalf of defts Texaco Inc., Chevron USA, Inc. (named by pltffs as Chevron Corporation), Exxon Corporation, Mobil Oil Corporation, and Shell Oil Products Company in this matter is granted; the request for the pro hac vice admission of Robert Jones, to appear on behalf of deft Texaco Inc. in this matter is granted . ( signed by Judge Shira A. Scheindlin ); Copies mailed. Document sent to Attorney Admissions Clerk. (jp)
March 24, 20005CERTIFICATE OF Mailing of a true and correct copy of the Deft Texaco's Notice of Removal, Notice of Filing of Notice of Removal and Notice of Notice of Filing of Notice of Removal by Texaco Inc., by reg. mail on 3/14/00, to counsel of record for both pltffs and defts (ls)
April 12, 20006Court Opinion or Order ORDER; that the Motion for Admission Pro Hac Vice of Visiting Attorneys, dated 4/7/00, with respect to Lewis J. Saul, Jon Hinck, and Jennifer Martin-Frank in this case is hereby granted . ( signed by Judge Shira A. Scheindlin ); Copies mailed; forwarded orig. document to the Atty. Admissions Clerk. (pl)
April 24, 2000 Pretrial Conference held before Judge Shira A. Scheindlin . (jp)
April 28, 20007Order admitting attorney pro hac vice; that Mark E. Tully and Andrew R. Levin are admitted pro hac vice as counsel for Gulf Oil Ltd. Partnership ( signed by Judge Shira A. Scheindlin ); Copies mailed. Original document sent to Attorney Admissions Clerk. (jp)
April 28, 2000 Received $50.00 in Cashiers Office on 4/28/00, Receipt #372330. (jp)
May 1, 2000 Remark from cashiers' office on copy of pro hac vice Order of 04/28/00 states: paid $75, receipt #372434 on 05/01/00 (djc)
May 3, 20008Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 03/17/00. (djc)
May 8, 20009AMENDED COMPLAINT by Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa (Answer due 5/22/00 for Texaco Inc., for Does 1 through 100, for Tosco Corporation, for Sunoco, Inc., for Shell Oil Products, for Mobil Oil Corp., for Gulf Oil Ltd., for Exxon Corporation, for Citgo Petroleum, for Chevron Corporation, for BP Amoco Corporation, for Amerada Hess Corp. ) amending against Atlantic Richfield, United Refining, Valero Energy, Inc.; Summons issued. (jp)
May 10, 2000 fld receipt of $25.00 fee re pro hac vice admission for Lisa Meyer (cd)
May 11, 2000 Payment of fee for Pro Hac Vice admission in the amount of $75.00, check #373206 on 5/11/00, for Richard C. Godfrey, J. Andrew Lagan and Mark S. Lillie. (pl)
May 11, 200010Court Opinion or Order ORDER; granting on admission pro hac vice of Richard C. Godfrey, J. Andrew Langan and Mark S. Lillie as counsel to BP Amoco Corpoartion ; (signed by Judge Shira A. Scheindlin ); Copies mailed. (docmt forwrded to Atty Admissions Clerk) (djc)
May 19, 200011Court Opinion or Order CONFIDENTIALITY AGREEMENT AND ORDER; regarding procedures that will govern the handling of "Confidential Document(s), Information, or Other Things" . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sn)
May 25, 200012Court Opinion or Order ORDER, for Katherine L. Adams to appear pro hac vice . (); Copies mailed. (djc)
May 25, 200012Court Opinion or Order ORDER the motion for Admission Pro Hac Vice of Lisa Meyer is allowed. Lisa Meyer is admitted pro hac vice as counsel for CITGO Petroleum Corporation ; (signed by Judge Shira A. Scheindlin ); Copies mailed. (docmt forwarded to Atty Admissions Clerk) (djc)
May 25, 200013Court Opinion or Order ORDER; defts are to make available for inspection all documents produced in the Lake Tahoe and Santa Monica litigations. At this initial stage, defts are not required to make available documents produced in any other MTBE-related action. As litigation proceeds and the scope of discovery expands, defts may be required to make available those documents produced in MTBE-related actions other than the 2 California cases . Mr. Saul and Mr. Condron are directed to serve a copy of this letter order on all counsel . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sn) Additional attachment(s) added on 2/25/2005 (sac, ).
June 7, 2000 Received payment at cashiers office on 6/7/00 for Pro Hac Vice fees in the amount of $25.00, check #375334 (pl)
June 9, 200014Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 4/24/00. (jp)
June 9, 200015Order; that the request for the pro hac vice admission of Christopher S. Coleman, Esq. filed by Sedgwick, Detert Moran & Arnold, to appear on behalf of defendant Amerada Hess in the matter is hereby granted. ( signed by Judge Shira A. Scheindlin ); Copies mailed (Original forwarded to the Attorney Admissions Clerk) (ri)
June 16, 200016Court Opinion or Order STIPULATION AND ORDER of discontinuance; that the action is discontinued without prejudice as against Defendant Getty Properties Corp. and its related companies without costs to either party as against the other. ( signed by Judge Shira A. Scheindlin ) (ri)
June 16, 200017STIPULATION; that the time for deft Valero Energy, Inc. to move, answer or otherwise respond to the First Amended Complaint in this action is extended to and including 6/19/00 . ( signed by Judge Shira A. Scheindlin) (jp) Modified on 06/21/2000
June 19, 200018Court Opinion or Order STIPULATION and ORDER; that Atlantic Richfield Company's ("ARCO's") time to answer or otherwise move shall be extended in accordance with the deadlines set forth in the Court's Scheduling Order ; ARCO will be joining in the joint defts' motion to dismiss to be filed on 6/19/00 . ( signed by Judge Shira A. Scheindlin ) (jp)
June 19, 200019ANSWER to Amended Complaint by Tosco Corporation (Attorney Kenneth Pasquale from the Firm: Strook, Strook & Lavan). (jp)
June 19, 200020RULE 1.9 CERTIFICATE filed by Tosco Corporation . (jp)
June 19, 200049NOTICE OF MOTION by Amerada Hess Corp., Atlantic Richfield, BP Amoco Corporation, Citgo Petroleum, Exxon Corporation, Mobil Oil Corp., Motiva Enterprises, Shell Oil Products, Texaco Inc., Valero Energy, Inc.; for an order pursuant to Rule 12(b)(6) of the F.R.C.P. dismissing the Amended Complaint ; Return date: 8/29/00. (pl)
June 20, 200021Affidavit of service as to Valero Energy, Inc. c/o CT Corporation, by Nancy Schmidt on 5/24/00 . Answer due on 6/13/00 for Valero Energy, Inc. . (jp) Modified on 06/22/2000
June 20, 200022Affidavit of service as to Atlantic Richfield c/o CT Corporation by Nancy Schmidt on 5/24/00 . Answer due on 6/13/00 for Atlantic Richfield . (jp)
June 20, 200023Affidavit of service as to United Refining c/o CT Corporation, by Nancy Schmidt on 5/24/00 . Answer due on 6/13/00 for United Refining . (jp)
June 20, 200024Affidavit of service as to Costal Oil New York, Inc. c/o CT Corporation, by Nancy Schmidt on 5/24/00 . . (jp)
June 20, 200025Affidavit of service by Nancy Schmidt on 5/24/00 . . (jp)
June 20, 200026Affidavit of service as to Atlantic Richfield, United Refining, Valero Energy, Inc., Costal Oil New York, Inc., and Motiva Enterprises c/o CT Corporation, by Nancy Schmidt on 5/24/00. (jp)
June 20, 200027RULE 1.9 CERTIFICATE filed by Gulf Oil Ltd. . (pl)
June 20, 200028ANSWER to First Amended Class Action Complaint by Gulf Oil Ltd.; (Attorney Mark E. Tully from the Firm: Goodwin, Procter & Hoar LLP); jury demand. (pl)
June 21, 200032RULE 1.9 CERTIFICATE filed by Valero Energy, Inc. (lam)
June 21, 200031STIPULATION to substitute Chevron U.S.A., Inc. for Chervron Corporation; Chevron U.S.A., Inc. shall be substituted into this case as a deft in place of Chevron Corp.; pltffs named Chevron Corp as a deft in the orig complaint filed in state court, but did not effect service on Chevron Corp; pltffs named Chevron U.S.A., Inc. rather than Chevron Corp., as a deft in the amended complaint filed in this Court; pltffs must still effect service on Chevron U.S.A., Inc.; the counsel for Chevron U.S.A., Inc. has limited authority to accept service of the Amended Complaint in this case, and only the amended complaint in this case, on behalf of Chevron U.S.A., Inc. ( signed by Judge Shira A. Scheindlin ) (lam)
June 22, 200029NOTICE OF CROSS MOTION by Tosco Corporation to dismiss the complaint purs to FRCP12(b)(6) ; for judgment on the pleadings purs to FRCP 12(c) ; Return date 8/29/00 (cd)
June 23, 200030NOTICE of attorney appearance for Shell Oil Products by Edward S. Weltman. (lf)
June 23, 2000 Remark by Cashier's on copy of ORder on admissin pro hac vice of Steven L. Leifer: 377193 6/23/00 ck. $25. (lf)
June 26, 200033Court Opinion or Order STIPULATION and ORDER; reset answer due for 6/19/00 for Motiva Enterprises . ( signed by Judge Shira A. Scheindlin ) (sn)
July 5, 200034NOTICE OF MOTION (FILED ON SERVICE DATE) by Gulf Oil Ltd.; for an order pursuant to F.R.C.P. 12(b)(6) to dismiss the Amended Complaint ; in the alternative, pursuant to Rule 12(c) granting Gulf Oil judgment on the pleadings ; Return date: not indicated (pl)
July 11, 200035Memo-Endorsement on letter addressed to Judge Scheindlin from Charlotte Biblow, dated 7/5/00, deft Getty Petroleum does not need to attend the 7/21 status conference ( signed by Judge Shira A. Scheindlin ); Copies mailed. (cd)
July 12, 200036RULE 1.9 CERTIFICATE filed by BP Amoco Corporation . (jp)
July 12, 200037RULE 1.9 CERTIFICATE filed by Atlantic Richfield . (jp)
July 21, 200038Confidentiality Agreement And Order; the parties having so agreed, and Good Cause Appearing Therefore, it is hereby ordered that the terms and agreements set forth in this Confidentiality Agreement and Order, shall be, and hereby are, adopted by the Court ; ( signed by Judge Shira A. Scheindlin ); Copies mailed. (lf) Modified on 07/24/2000
July 21, 2000 Pretrial Conference held before Judge Shira A. Scheindlin . (jp)
July 21, 200040NOTICE OF MOTION (FILED ON SERVICE DATE) by Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa for admission pro hac vice as co-counsel in this action, of John M. Broaddus . Return date 5/22/00. Affidavit of John McNeill Broaddus in support attached. (sn)
July 24, 200039NOTICE of attorney appearance for Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa by Perry Weitz, Robert J. Gordon. (sn)
July 26, 200041Court Opinion or Order ORDER; granting [40-1] motion for admission pro hac vice as co-counsel in this action, of John M. Broaddus . ( signed Judge Shira A. Scheindlin ); Copies mailed. Original document sent to Attorney Admissions Clerk. (jp)
July 26, 200042Order for admission pro hac vice; that John McNeill Broaddus is admitted pro hac vice to practice in this case on behalf of the plaintiffs, with all pleadings, orders, notices, etc. to be served on all counsel. (signed by Judge Shira A. Scheindlin); Copies mailed. (Original forwarded to the Attorney Admissions Clerk) (ri) Modified on 07/27/2000
July 28, 2000 Pretrial Conference held before Judge Shira A. Scheindlin . (jp)
August 7, 200043NOTICE of attorney appearance for Costal Corporation by Mindy G. Davis, Howrey Simon Arnold & White, LLP 1299 Pennsylvania Ave, NW Washington DC 20004 (202) 783-0800 (cd)
August 10, 200044NOTICE of attorney appearance for Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa by Morris A. Ratner. (sn)
August 11, 200045NOTICE of attorney appearance for Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa by A. Hoyt Rowell. (cd)
August 14, 200046NOTICE of change of address by counsel for Citgo Petroleum (lf)
August 18, 200047Court Opinion or Order STIPULATION AND ORDER of dismissal, purs. to F.R.C.P. 41(a)(1)(ii), of Gulf Oil Ltd. Partnership from this action without prejudice to the rights of any party, each party to bear its own costs. ( signed by Judge Shira A. Scheindlin ) (sn)
August 18, 2000 Pretrial Conference held before Judge Shira A. Scheindlin . (jp)
August 21, 200048STIPULATION of dismissal; that, purs. to FRCP 41(a)(1)(ii), the parties stipulate to the dismissal of Gulf Oil Ltd. Partnership from this action without prejudice to the rights of any party, each party to bear its own costs. ( signed by Judge Shira A. Scheindlin ) (jp)
August 26, 200052NOTICE OF MOTION (filed on service date) by Coastal Oil New York; for an order pursuant to Rule 12(b)(6) of the F.R.C.P. dismissing the Amended Complaint ; w/ attch. Memorandum of Law in support; Return date: 8/29/00. (pl) Modified on 08/29/2000
August 28, 200050MEMORANDUM OF LAW by BP Amoco Corporation, Amerada Hess Corp., Exxon Corporation, Mobil Oil Corp., Shell Oil Products, Texaco Inc., Valero Energy, Inc. in support of [49-1] motion for an order pursuant to Rule 12(b)(6) of the F.R.C.P. dismissing the Amended Complaint; along with appendexs (pl)
August 28, 200051REPLY MEMORANDUM by Amerada Hess Corp., BP Amoco Corporation, Exxon Corporation, Mobil Oil Corp., Shell Oil Products, Texaco Inc., Valero Energy, Inc. re: [49-1] motion for an order pursuant to Rule 12(b)(6) of the F.R.C.P. dismissing the Amended Complaint (pl)
August 28, 200053MEMORANDUM OF LAW by Steven C. Greene, Melanie J. Arcure, Donna Berisha in opposition to [49-1] motion for an order pursuant to Rule 12(b)(6) of the F.R.C.P. dismissing the Amended Complaint and to Sunoco's supplemental Memorandu of Law. (pl)
August 28, 200054MEMORANDUM OF LAW by Sunoco, Inc. in support of [52-1] motion for an order pursuant to Rule 12(b)(6) of the F.R.C.P. dismissing the Amended Complaint. (kw)
August 28, 200055REPLY by Sunoco, Inc. in support of Re: [52-1] motion for an order pursuant to Rule 12(b)(6) of the F.R.C.P. dismissing the Amended Complaint. (kw)
August 29, 200056NOTICE of attorney appearance for Chevron Corporation, Exxon Corporation, Mobil Oil Corp., Shell Oil Products, Texaco Inc. by Peter John Sacripanti. (djc)
August 31, 2000 Pretrial Conference held before Judge Shira A. Scheindlin . (jp)
September 6, 200057Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 7/28/00. (jp)
September 6, 2000 Remark by Cashier's Office on copy of order dated 9/6/00: #383769 $25.00 9/6/00 (lf)
September 6, 200058Joinder by Chevron U.S.A., Inc. to join [49-1] motion for an order pursuant to Rule 12(b)(6) of the F.R.C.P. dismissing the Amended Complaint (lf)
September 6, 200059RULE 1.9 CERTIFICATE filed by Chevron U.S.A., Inc. (lf)
September 8, 200060Order; that Christine R. Fitzgerald is admitted pro hac vice, as counsel for Tosco Corporation in this action. ( signed by Judge Shira A. Scheindlin ); Copies mailed. Document sent to Attorney Admissions Clerk. (jp)
September 12, 200061Court Opinion or Order ORDER; the request for the Pro Hac Vice admission of Brent H. Allen, Esq., filed by Sedgwick, Detert, Moran & Arnold, to appear on behalf of defendant Amerada Hess in this matter is granted ; (signed by Judge Shira A. Scheindlin); Copies mailed. (docmt forwarded to atty admissions clerk) (djc)
September 19, 200063NOTICE OF MOTION, filed on service date, by Costal Corporation to dismiss the amended complaint . With Memorandum of Law attached. Return date not indicated. (lam)
September 20, 200062RULE 1.9 CERTIFICATE filed by Citgo Petroleum. (rec'd in the night deposit box on 9/20/00 at 5:13 p.m.) (sac)
September 20, 200064NOTICE of attorney appearance for Costal Corporation by Mark G. O'Connor. (lam)
September 29, 200065Court Opinion or Order ORDER; that the motion for admission pro hac vice of Pamela R. Hanebutt, a member in good standing of the Bar of the State of Illinois, as counsel for CITGO Petroleum Corp. is granted ; ( signed by Judge Shira A. Scheindlin ); Copies mailed; forwarded orig. doc. to Attny. Admissions Clerk (lf) Modified on 10/03/2000
October 4, 200066Memo-Endorsement on letter addressed to Judge Scheindlin from Mitchell M. Breit, dated 9/28/00; granting pltffs' request for a 30-day extension of time to provide expert reports to defts, to 10/30/00. The deadlines for defts to name their experts and produce expert reports are also extended for 30 days . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sn)
October 4, 2000 Pretrial Conference held before Judge Shira A. Scheindlin . (jp)
October 13, 200067Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 8/18/00 12:00 PM. (sn)
October 13, 200068Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 8/31/00 11:55 AM. (sn)
October 20, 200069NOTICE OF MOTION, filed on service date, by pltffs in the MDL actions No.1358 for enty of Case Management Order No.1 . With Memorandum of Law in support attached. Return date not indicated. (lam)
October 20, 200070DECLARATION of Morris a. Ratner, atty for Donna Berisha in support Re: [69-1] motion for entry of Case Management Order No.1. (lam)
October 26, 200071Affidavit of service of summons and complaint as to C T Corporation by delivering to Leann Cis on 8/30/00. (djc)
November 1, 200074NOTICE OF MOTION by Donna Berisha for entryof Case Management Order #2 ; Return date not indicated; attached is a Memo in Support (cd)
November 1, 200075DECLARATION of Morris A. Ratner by Donna Berisha in support Re: [74-1] motion for entryof Case Management Order #2 . (cd)
November 2, 200072Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 9/19/00. (sac)
November 2, 2000 Pretrial Conference held before Judge Shira A. Scheindlin . (jp)
November 8, 200073Court Opinion or Order CASE MANAGEMENT ORDER NO. 1; A copy of this Order shall be filed in each case listed in Attachment A herein. In cases subsequently filed, removed or transferred as part of MDL No. 1358, a copy of this Order will be provided by the Clerk to each pltff at the time of filing the complaint , and will be served with the complaint on any deft not previously a party in these cases, S.D. IL, C.A. No. 3:00-370; S.D. IL C.A. No. 3:00-371; and S.D. NY C.A. No. 1:00-1898 . In cases subsequently removed or transferred to this Court, a copy will be provided by the Clerk to each new party upon removal or transfer . The cases listed on Attachment A hereto are consolidated for pre-trial proceedings, as further set forth in this Order. This Order does not constitute a determination that these actions shall be consolidated for trial; nor does it have the effect of making any entity a party to an action in which it has not been joined and served in accordance with the F.R.C.P. All cases subsequently filed, removed or transferred, as part of MDL No. 1358, shall be similarly consolidated . Pltffs' Co-Lead Counsel, identified herein, shall be responsible for coordinating the activities of pltffs during pre-trial proceedings, as set forth in this Order. Pltffs' Liason Counsel, identified herein, shall participate as set forth in this Order . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sn) Modified on 11/09/2000
December 1, 200076Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 10/04/00. (db)
December 1, 200077Memo-Endorsement on letter addressed to Judge Sceheindlin from Richard E. Wallace, Jr., dated 11/29/00. Re: dft's request an extension of time for two additional days to serve their answer to interrogatories on plaintiffs; defendants request for a two day extension to serve answers to interrogatories is granted. Defendants must serve their answers up by 12/01/00 . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (pl)
December 14, 200078Letter filed by Amerada Hess Corp., BP Amoco Corporation, Citgo Petroleum, Exxon Corporation, Mobil Oil Corp., Shell Oil Products, Sunoco, Inc., Tosco Corporation, Does 1 through 100, Texaco Inc., Atlantic Richfield, United Refining, Valero Energy, Inc., Chevron U.S.A., Inc., Costal Corporation, Motiva Enterprises addressed to Judge Scheindlin from J. Andrew Langan, dated 11/1/00, re: counsel for defts encloses herewith a draft of defts' proposes Case Management Order No. 2. The issues set forth herein are unresolved at this time. (Docket and file as per Chambers) (sn)
December 27, 200079Case Management Order No. 3: plaintiffs shall disclose all expert witnesses who may offer expert opinions as a part of the class certification phase by no later than 2/15/01. Such disclosures shall comply fully with Federal Rule 26, including the provision of an expert report signed by each expert witness; defendants shall disclose all expert witnesses who may offer expert opinions as a part of the class certification phase by no later than 3/15/01; for experts identified in accordance with the schedule set by paragraph 3, plaintiffs may submit rebuttal expert reports no later than 3/29/01. Furthermore, if plaintiff seek to add additional experts not previously identified for purposes of rebuttal, they shall seek leave to do so no later than 3/29/01, in accordance withthe standard for such new experts set forth by the Court on 12/8/00; the parties may depose the other sides' expert witnesses between 3/30/01 and 4/30/01, if they so choose. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (ae)
January 3, 200180CERTIFICATE OF SERVICE, by the England plntfs re Responses to Defts' Interrogatories et al (cd)
January 3, 2001 Pretrial Conference held before Judge Shira A. Scheindlin . (jp)
January 9, 200181NOTICE of Filing of Consolidated Master Complaint, by Donna Berisha . (cd)
January 21, 2001226Plaintiffs' Preliminary Trial Plan by Robert O'Brien, Berrian, England and Young (djc)
January 26, 200182Court Opinion or Order STIPULATION and ORDER, withdrawing [52-1] motion for an order pursuant to Rule 12(b)(6) of the F.R.C.P. dismissing the Amended Complaint, [29-1] cross motion to dismiss the complaint purs to FRCP12(b)(6), [29-2] cross motion for judgment on the pleadings purs to FRCP 12(c), [49-1] motion for an order pursuant to Rule 12(b)(6) of the F.R.C.P. dismissing the Amended Complaint ( signed by Judge Shira A. Scheindlin ) (cd)
January 26, 200183Letter filed addressed to Daniel Patrick Moynihan from Dawn A. Ellison, dated 01/18/01, re: to add Robert E. Kelly Jr., to the Panel Attorney Service List for this case as an attorney for Defendant The Coastal Corporation: Tobert E. Kelly, Jr., Esq. The Coastal Corporation, 9 Greenway Plaza, Houston, TX 77046-0995; (djc)
February 5, 200190NOTICE OF MOTION (Filed on Service Date) by Amerada Hess Corp., Atlantic Richfield, BP Amoco Corporation, Chevron U.S.A., Inc., Citgo Petroleum, Costal Corporation, Exxon Corporation, Mobil Oil Corp., Motiva Enterprises, Shell Oil Products, Sunoco, Inc., Texaco Inc., Tosco Corporation, Valero Energy, Inc. and United Refining Company for an order, dismissing Count III and the "alternative liability" allegations of the amended complaint in this action purs. to Rule 12(b)(6) of the FRCP ; Return date not indicated. Oral Argument Requested. (rec'd in the night deposit box on 3/19/01 at 5:41 p.m.) (sac)
February 5, 200193NOTICE OF MOTION (Filed on Service Date) by Atlantic Richfield Co., BP Amoco Corp., Amoco Oil Co., CITGO Petroleum Corp., Conoco Inc., ExxonMobil Corp., Equilon Enterprises, LLC, Chevron U.S.A., Inc., Philips Petroleum Co., Shell Oil Co., Texaco Refining & Marketing Inc., Amerada Hess Corp., Coastal Corp., Coastal Oil N.Y., Inc. Motiva Enterprises, LLC, Shell Oil Products Co., Sunoco, Inc. (R&M), Valero Marketing & Supply Co., Texaco Inc., Tosco Corp., United Refining Co. for an order, dismissing the Master Complaint, as adopted by both the La Susa and England Amended Complaint, purs. to Rules 8(a), 9(b) and 12(b)(6) of the FRCP ; Return date not indicated. (rec'd in the night deposit box on 3/19/01 at 5:40 p.m.) (sac)
February 9, 200184NOTICE of attorney appearance for Costal Corporation by Mindy Davis. (djc)
February 22, 200185CERTIFICATE OF SERVICE of Second Supplemental Responses to Defendant's First Master Set of Interogatories and Second Supplemental Responses to Defendant's First Request for Production of Documents and Things, served upon John Galvin, and twenty copies upon Peter Sacripanti by Federal Express on 2/19/01. (bm) Modified on 02/23/2001
February 26, 200186CERTIFICATE OF SERVICE of 20 copies of the England Pltffs' supplemental responses to defts' first master set of interrogatories and the England Pltffs' supplemental responses to defts' first request for production of documents and things, via Federal Express upon Peter Sacripanti, Esq., filed by the England Pltffs. (sn)
February 28, 200187AMENDED COMPLAINT by Donna Berisha, Robert O'Brien (Answer due 3/13/01 for Motiva Enterprises, for Costal Corporation, for Chevron U.S.A., Inc., for Valero Energy, Inc., for United Refining, for Atlantic Richfield, for Texaco Inc., for Does 1 through 100, for Tosco Corporation, for Sunoco, Inc., for Shell Oil Products, for Mobil Oil Corp., for Exxon Corporation, for Citgo Petroleum, for BP Amoco Corporation, for Amerada Hess Corp. ) amending [9-1] amended complaint; Summons issued. (lf)
March 7, 200188DECLARATION of Morris A. Ratner by Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien in support of pltffs' response and opposition to defts' motions to dismiss. (sn)
March 7, 200189RESPONSE AND OPPOSITION by Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien to defts' motion to dismiss and supplemental motion to dismiss. (sn)
March 19, 200191SUPPLEMENTAL MEMORANDUM OF LAW by Amerada Hess Corp., Atlantic Richfield, BP Amoco Corporation, Chevron U.S.A., Inc., Citgo Petroleum, Costal Corporation, Exxon Corporation, Mobil Oil Corp., Motiva Enterprises, Shell Oil Products, Sunoco, Inc., Texaco Inc., Tosco Corporation, Valero Energy, Inc., United Refining in support of [90-1] motion for an order, dismissing Count III and the "alternative liability" allegations of the amended complaint in this action purs. to Rule 12(b)(6) of the FRCP. (rec'd in the night deposit box on 3/19/01 at 5:41 p.m.) (sac)
March 19, 200192REPLY BRIEF by Amerada Hess Corp., Atlantic Richfield, BP Amoco Corporation, Chevron U.S.A., Inc., Citgo Petroleum, Costal Corporation, Exxon Corporation, Mobil Oil Corp., Motiva Enterprises, Shell Oil Products, Sunoco, Inc., Texaco Inc., Tosco Corporation, Valero Energy, Inc., United Refining Re: [90-1] motion for an order, dismissing Count III and the "alternative liability" allegations of the amended complaint in this action purs. to Rule 12(b)(6) of the FRCP. (rec'd in the night deposit box on 3/19/01 at 5:42 p.m.) (sac)
March 19, 200194MEMORANDUM OF LAW by Atlantic Richfield, etc. in support of [93-1] motion for an order, dismissing the Master Complaint, as adopted by both the La Susa and England Amended Complaint, purs. to Rules 8(a), 9(b) and 12(b)(6) of the FRCP. Oral Argument Requested. (rec'd in the night deposit box on 3/19/01 at 5:41 p.m.) (sac)
March 19, 200195REPLY MEMORANDUM by Atlantic Richfield, etc. in support of re: [93-1] motion for an order, dismissing the Master Complaint, as adopted by both the La Susa and England Amended Complaint, purs. to Rules 8(a), 9(b) and 12(b)(6) of the FRCP. Oral Argument Requested. (rec'd in the night deposit box on 3/19/01 at 5:42 p.m.) (sac)
March 30, 200196NOTICE OF MOTION (filed on service date) by Atlantic Richfield, BP Amoco Corporation, Chevron Corporation, Exxon Corporation, Texaco Refining and Marketing Inc., Motiva Enterprises, Shell Oil Company, Shell Oil Products Company, Texaco Inc.; for an order dismissing the pltffs' Donna Berisha and Robert O'Brien's Second Amended Complt. purs. to F.R.C.P., Rule 12(b) ; Return date not indicated. Memorandum of Law in support attached` (lf)
March 30, 200197STIPULATION; that pltff will file the Third Amended Complaint (attached to this Stipulation) without opposition to such amendment by deft Exxon Mobil Corporation; and such filing shall be without prejudice to any defense that deft Exxon Mobil Corporation would otherwise have, including the defense of lack of subject matter jurisdiction; this Stipulation may be executed in counterparts . ( signed by Judge Shira A. Scheindlin ) (jp)
April 2, 200198NOTICE OF CHANGE OF LAW FIRM by attorneys for United Refining. (lfa) Modified on 04/03/2001
April 2, 200199NOTICE OF CHANGE OF LAW FIRM by attorneys for United Refining. (lf) Modified on 04/03/2001
April 2, 2001100NOTICE OF MOTION (filed on service date) by Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien; for a order for leave to serve two rebuttal expert reports ; w/ attch. mem. in support; Return date 5/22/00. (pl)
April 4, 2001101NOTICE OF MOTION by Citgo Petroleum Corp., Amerada Hess Corp., El Paso CGP Company, Sunoco Inc., Valero Marketing and Supply Company, Tosco Corporation and United Refining Company (filed on service date); for an order dismissing the Second Amended Complt. in this action purs. to Rules 12(b)(1) and 12(b)(6) of the F.R.C.P. ; Return date 4/30/01.(lf) Modified on 04/05/2001
April 4, 2001102MEMORANDUM OF LAW by Citgo Petroleum, Amerada Hess Corporation, El Paso CGP Company, Sunoco Inc., Valero Marketing and Supply Company, Tosco Corporation and untied Refining Company in support of [101-1] motion for an order dismissing the Second Amended Complt. this action purs. to Rules 12(b)(1) and 12(b)(6) of the F.R.C.P. . (lf)
April 4, 2001103Court Opinion or Order STIPULATION REGARDING MODIFICATION OF CASE MANAGEMENT ORDER NO. 3; The parties have agreed to minor modifications in the deadlines established in the Court's Case Management Order No. 3 (Doc. #79): The deadline for disclosure of deft's expert witnesses set by paragraph 4 of CMO No. 3 is modified to be 3/19/01. The deadlines, for disclosure of pltffs' rebuttal reports and pltffs' motion for leave to add additional experts not previously identified for purposes of rebuttal, set by paragraph 5 of CMO No. 3, is modified to be 4/2/01. The deadline for completing the deposition of any such expert as set by paragraph 6 of CMO No. 3, is modified to be 5/18/01 . ( signed by Judge Shira A. Scheindlin ) (sn)
April 5, 2001104CORRECTED NOTICE OF MOTION (filed on service date) by Citgo Petroleum, Amerada Hess Corp., Sunoco, Inc., Valero Energy, Inc., Tosco Corporation, Refining for an order prusuant to F.R.C.P. 12(b)(1) and 12(b)(6) dismissing this the second amended complaint action ; Return date 4/30/01. (pl)
April 5, 2001105MEMORANDUM OF LAW in support of [104-1] motion for an order prusuant to F.R.C.P. 12(b)(1) and 12(b)(6) dismissing this the second amended complaint action . (pl)
April 16, 2001116NOTICE OF MOTION (filed on service date) by Atlantic Richfield, BP Amoco Corporation, Chevron U.S.A., Inc., Exxon Corporation, Shell Oil Products, Motiva Enterprises, Sunoco, Inc., Texaco Inc.; for an Order dismissing the Berrian Pltffs Amended Complaint purs. to FRCP Rule 12(b) . Return date not indicated. Memorandum of Law in support of motion attached. (jp)
April 16, 2001119NOTICE OF JOINT MOTION by Defendants'; for an order pursuant to Rule 12 of the F.R.C.P. to dismiss the Third Amended Complaint ; Return date: not indicated. (pl)
April 22, 2001106NOTICE OF MOTION (FILED ON SERVICE DATE) by Donna Berisha, for an order granting appointment of two additional counsel to plaintiffs' Executive Committee . Memo in support is attached. No return date. (kw) Modified on 04/25/2001
April 27, 2001107CERTIFICATE OF SERVICE of England Rhonda Aylward's Resposnes to defts' First Master set of Interrogatories et al on 4/24/01 (cd)
May 4, 2001108Court Opinion or Order ORDER MODIFYING CASE MANAGEMENT ORDER NO.1, granting [106-1] motion for an order granting appointment of two additional counsel to plaintiffs' Executive Committee. Case Management Order No.1, III.C., is hereby modified to add the following counsel as members of the Executive Committee: Dennis Reich, of Reich & Binstock and Timothy Crowley of Crowley & Douglas, LLP. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (kw) Modified on 05/10/2001
May 9, 2001109NOTICE OF MOTION by Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien for Andrew Hoyt Rowell to appear pro hac vice to plntfs ; Return date not indicated (cd)
May 9, 2001110NOTICE OF MOTION by Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien for Thomas Christopher Tuck to appear pro hac vice for plntfs ; Return date not indicated (cd)
May 14, 2001111CERTIFICATE OF SERVICE of copy of England Plaintiffs' Fifth Supplemental Responses to Defendants First Set of Interrog. and plaintiff's First Supplement Responses to dft. First Request for Prod. of Documents and Things by personal servic3e on 5/7/01 . . (pl)
May 14, 2001112CERTIFICATE OF SERVICE of Fourth Supple. Respnoses to dfts' First Master Set of Interrogatories and copy of England Plaintiffs' Fourth Supplement Responses to dfts' Frirst Request For Prod. of Documents and Things by personal service on 5/7/01. (pl)
May 17, 2001113Notice of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P. without prejudice by plaintiff Donna Azbill. ( signed by Judge Shira A. Scheindlin ) (kw) Modified on 05/18/2001
May 21, 2001115NOTICE of attorney appearance for Phillips Petroleum by Brent H. Allen. (sac)
May 22, 2001114CERTIFICATE OF SERVICE of England Plaintiffs' Sixth Supplemental Responses to dfts' First Master Set of Interrogatories, copy of England Plaintiffs' Sixth Supplement Response to dfts' First Request for Production of Document and Things, copy of the documents, copy of plaintiffs' Privilege Log, and a copy of Plaintiffs' Redaction Log by hand-delivery on 5/17/01 and copies of said documents by Mail to Peter Scripanti, Esq. of the Law Firm McDermott, Will & Emery on 5/17/01. (pl)
June 4, 2001117Defendants' Supplemental Request for Judical Notice (pl)
June 4, 2001118DEFENDANTS REPLY To Plaintiff's objection to defendants' supplemental request for Judical Notice. (pl)
June 4, 2001120MEMORANDUM OF LAW in support of [119-1] motion for an order pursuant to Rule 12 of the F.R.C.P. to dismiss the Third Amended Complaint . (pl)
June 4, 2001121JOINT REPLY MEMORANDUM by defendants re: [119-1] motion for an order pursuant to Rule 12 of the F.R.C.P. to dismiss the Third Amended Complaint (pl)
June 4, 2001122OPPOSITION BRIEF by Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien re: [117-1] remark (pl)
June 4, 2001123MEMORANDUM OF LAW by Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien in opposition to [119-1] motion for an order pursuant to Rule 12 of the F.R.C.P. to dismiss the Third Amended Complaint . (pl)
June 4, 2001124DECLARATION of John R. Low-Geer by Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien in opposition Re: [116-1] motion for an Order dismissing the Berrian Pltffs Amended Complaint purs. to FRCP Rule 12(b), [119-1] motion for an order pursuant to Rule 12 of the F.R.C.P. to dismiss the Third Amended Complaint, [104-1] motion for an order prusuant to F.R.C.P. 12(b)(1) and 12(b)(6) dismissing this the second amended complaint action, [101-1] motion for an order dismissing the Second Amended Complt. in this action purs. to Rules 12(b)(1) and 12(b)(6) of the F.R.C.P., [96-1] motion for an order dismissing the pltffs' Donna Berisha and Robert O'Brien's Second Amended Complt. purs. to F.R.C.P., Rule 12(b), [93-1] motion for an order, dismissing the Master Complaint, as adopted by both the La Susa and England Amended Complaint, purs. to Rules 8(a), 9(b) and 12(b)(6) of the FRCP, [90-1] motion for an order, dismissing Count III and the "alternative liability" allegations of the amended complaint in this action purs. to Rule 12(b)(6) of the FRCP, [63-1] motion to dismiss the amended complaint . (pl)
June 11, 2001125Letter filed addressed to Judge Scheindlin from Peter John Sacripanti, dated 5/9/01. (jp)
June 25, 2001126Rule 41(a)(1) Joint Notice of Dismissal of deft Conoco, Inc.; pursuant to Rule 41(a)(1) of the F.R.C.P., deft Conoco, Inc. is dismissed, without prejudice, from this action. Additionally, deft Conoco, Inc.'s Rule 12(b)(2) motion to dismiss is withdrawn. ( signed by Judge Shira A. Scheindlin ) (sn)
June 25, 2001127NOTICE of name Change by BP Amoco Corporation to BP Corporation North America (indicated on the System) (cd)
July 3, 2001128MEMORANDUM OF LAW by Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien in opposition to [116-1] motion for an Order dismissing the Berrian Pltffs Amended Complaint purs. to FRCP Rule 12(b), [119-1] motion for an order pursuant to Rule 12 of the F.R.C.P. to dismiss the Third Amended Complaint, [104-1] motion for an order prusuant to F.R.C.P. 12(b)(1) and 12(b)(6) dismissing this the second amended complaint action, [101-1] motion for an order dismissing the Second Amended Complt. in this action purs. to Rules 12(b)(1) and 12(b)(6) of the F.R.C.P., [96-1] motion for an order dismissing the pltffs' Donna Berisha and Robert O'Brien's Second Amended Complt. purs. to F.R.C.P., Rule 12(b), [93-1] motion for an order, dismissing the Master Complaint, as adopted by both the La Susa and England Amended Complaint, purs. to Rules 8(a), 9(b) and 12(b)(6) of the FRCP, [90-1] motion for an order, dismissing Count III and the "alternative liability" allegations of the amended complaint in this action purs. to Rule 12(b)(6) of the FRCP (sac)
July 13, 2001129Deft Exxon Mobil Corporation's Second Supplemental Request for Judicial Notice. (sn)
July 25, 2001130Memo endorsed on copy of motion; granting [100-1] motion for a order for leave to serve two rebuttal expert reports; in accordance with rulings set forth at the conference held on 4/26/01, plaintiffs' [100-1] motion for leave to serve 2 rebuttal expert reports is granted. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (kkc)
July 25, 2001131Memo endorsed on (Copy) motion; granting [109-1] motion for Andrew Hoyt Rowell to appear pro hac vice to plntfs. ( signed by Judge Shira A. Scheindlin ); Copies mailed. Document sent to Attorney Admissions Clerk. (tp)
July 25, 2001 Memo endorsed on motion (copy of doc #110); granting [110-1] motion for Thomas Christopher Tuck to appear pro hac vice for plntfs ( signed by Judge Shira A. Scheindlin ); Copies mailed; (forwarded doc to the Attorney Admissions Clerk) (cd)
August 16, 2001133Letter filed by Chevron U.S.A., Inc., Equilon, Shell Oil Products, Texaco Inc. addressed to Judge Scheindlin from Richard E. Wallace Jr., dated 8/8/01; counsel writes to correct misstatements in the letter to your Honor from Morris Ratner dated 7/27/01. (kkc)
August 20, 2001132Court Opinion or Order OPINION AND ORDER #85993; the La Susa action is dismissed for lack of standing. The claims of Bauer and McMannis are dismissed for lack of standing. Christiansen, the California pltff, may proceed under the market-share and concert of action theories of liability. Englang and Aylward, the Illinois pltffs, may proceed under the concert of action theory of liability. Pltffs in this action may proceed under the market-share and concert of action theories of liability. Young may proceed under the market-share and concert of action theories of liability. Pltffs in this action may proceed under the market-share and concert of action theories of liability. A conference is scheduled for 9/24/01 at 4:30 p.m. ; denying [116-1] motion for an Order dismissing the Berrian Pltffs Amended Complaint purs. to FRCP Rule 12(b), denying [119-1] motion for an order pursuant to Rule 12 of the F.R.C.P. to dismiss the Third Amended Complaint, denying [104-1] motion for an order prusuant to F.R.C.P. 12(b)(1) and 12(b)(6) dismissing this the second amended complaint action, denying [101-1] motion for an order dismissing the Second Amended Complt. in this action purs. to Rules 12(b)(1) and 12(b)(6) of the F.R.C.P., denying [96-1] motion for an order dismissing the pltffs' Donna Berisha and Robert O'Brien's Second Amended Complt. purs. to F.R.C.P., Rule 12(b), denying [93-1] motion for an order, dismissing the Master Complaint, as adopted by both the La Susa and England Amended Complaint, purs. to Rules 8(a), 9(b) and 12(b)(6) of the FRCP, denying [90-1] motion for an order, dismissing Count III and the "alternative liability" allegations of the amended complaint in this action purs. to Rule 12(b)(6) of the FRCP . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sac) Modified on 08/20/2001
August 30, 2001134Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 7/13/01. (yv)
September 4, 2001135Court Opinion or Order STIPULATION and ORDER, that the time within which defendants must answer the pending Master Complaint and amended complaints shall be filed and served on or before 9/21/01 . ( signed by Judge Shira A. Scheindlin ) (tp)
September 4, 2001136NOTICE OF MOTION by Atlantic Richfield, BP Amoco Corp., Amoco Oil Co., Citgo Petroleum Corp., Conoco, Inc. Exxon Mobil Corp., Equilon Enterprises, LLC, Chevron U.S.A., Inc., Phillips Petroleum Co., Shell Oil Co., Texaco Refining and Marketing, Inc., Amerada Hess Corp., El Paso CGP Co., Motiva Enterprises, LLC, Shell Oil Products Co., Sunoco, Inc., Valero Marketing and Supply Co., Tosco Corp., and United Refining Co. for an order, to reconsider its holding that pltffs' state law claims are not conflict preempted, or alternatively, for an Order purs. to 28 U.S.C. 1292(b), certifying the interlocutory review ; Return date 9/24/01. (rec'd in the night deposit box on 9/4/01 at 5:09 p.m.) (sac)
September 4, 2001137MEMORANDUM OF LAW by Atlantic Richfield in support of [136-1] motion for an order, to reconsider its holding that pltffs' state law claims are not conflict preempted, or alternatively, for an Order purs. to 28 U.S.C. 1292(b), certifying the interlocutory review. (rec'd in the night deposit box on 9/4/01 at 5:09 p.m.) (sac)
September 5, 2001138NOTICE OF MOTION (filed on service date) by Amerada Hess Corp., BP Amoco Corporation, Citgo Petroleum, Exxon Corporation, Mobil Oil Corp., Shell Oil Products, Sunoco, Inc., Tosco Corporation, Does 1 through 100, Texaco Inc., Atlantic Richfield, United Refining, Valero Energy, Inc., Chevron U.S.A., Inc., Costal Corporation, Motiva Enterprises, BP Corporation North for an order to reconsider its holding that plaintiffs' state law claims are not conflict preempted ; or alternative; for an order pursuant to 28 U.S.C. section 1292(b), certifying the question set forth in this motion for interlocutory reveiw ; Return date: not indicated . (pl)
September 5, 2001139MEMORANDUM OF LAW by Defendants in support of [138-1] motion for an order to reconsider its holding that plaintiffs' state law claims are not conflict preempted, [138-2] motion for an order pursuant to 28 U.S.C. section 1292(b), certifying the question set forth in this motion for interlocutory reveiw . (pl)
September 7, 2001140Court Opinion or Order MEMORANDUM DECISION AND ORDER; denying [138-1] motion for an order to reconsider its holding that plaintiffs' state law claims are not conflict preempted; Defendants' motion for certification will be considered after the issue has been completely birefed ; Liaison Counsel are directed to circulate this Memoranudm Decision and Order to their respective co-counsel ; ( signed by Judge Shira A. Scheindlin ); Copies mailed. (djc)
September 20, 2001141MEMORANDUM OF LAW by Robert O'Brien in opposition to defendants' joint motion to certify question for interlocutory review. (tp)
September 24, 2001142REPLY MEMORANDUM by defendants in support of re: [138-1] motion for an order to reconsider its holding that plaintiffs' state law claims are not conflict preempted, [138-2] motion for an order pursuant to 28 U.S.C. section 1292(b), certifying the question set forth in this motion for interlocutory reveiw. (kw)
October 2, 2001143Plaintiffs' Surreply Memorandum in further opposition to defendants' joint motion to certify Question for intrlocutory review. (tp)
October 5, 2001144NOTICE of Name Change by Amoco Oil Company. (kkc)
October 15, 2001146CONSOLIDATED RESPONSE by Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien to defendants' request for pre-motion conference, and joint reply memorandum in support of plaintiffs' motions for leave to amend. (kkc)
October 18, 2001145Court Opinion or Order MEMORANDUM DECISION AND ORDER; that for the reasons set forth in this Order, defendants' [138-2] request for certification for interlocutory review pursuant to 1292(b) is denied; liaison counsel are directed to circulate this Memorandum Decision and Order to their respective co-counsel . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (kkc)
October 29, 2001147RULE 1.9 CERTIFICATE filed by Tosco Corporation. (db)
October 29, 2001148ANSWER TO THE THIRD AMENDED COMPLAINT by Tosco Corporation (Attorney Kenneth Pasquale from the Firm: Stroock & Stroock & Lavan, L.L.P.). (db)
October 29, 2001154RULE 1.9 CERTIFICATE filed by Citgo Petroleum . (djc)
October 29, 2001155ANSWER and DEFENSES TO THE THIRD AMENDED COMPLAINT by Citgo Petroleum (Attorney Nathan Eimer from the Firm: Eimer Stahl Klevorn & Solberg). (djc)
October 29, 2001198ANSWER and Separate Defenses to Master Complaint (MDL 1358) by Citgo Petroleum (Attorney Nathan P. Eimer from the Firm: Eimer Stahl Klevorn & Solberg). (djc)
October 30, 2001149Court Opinion or Order STIPULATION and ORDER; reset scheduling order deadlines: Deadline for filing of motion for certification by 12/18/01 ; Defendants' papers in Opposition to certification due 02/11/02; plaintiff's reply papers in support of certification due 03/11/02 . ( signed by Judge Shira A. Scheindlin ) (djc)
October 30, 2001 Deadline(s) updated: reset scheduling order deadlines: Response to motion deadline 2/11/02 ; Reply to response to motion deadline 3/11/02 ; . (djc)
October 30, 2001 Deadline(s) updated: set scheduling order deadlines: Defendants' Response to motion deadline 2/11/02; Plaintiffs' Reply to response to motion deadline 3/11/02 ; (djc)
November 1, 2001150RULE 1.9 CERTIFICATE filed by United Refining . (moc)
November 1, 2001151AFFIDAVIT OF SERVICE of Valero Marketing and Supply Company's Answer and Defenses as to Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa by Morris A. Ratner, Esq. on 10/29/01. (moc)
November 1, 2001153RULE 1.9 CERTIFICATE filed by Chevron Corporation, Motiva Enterprises, Shell Oil Products, Texaco Inc. (cd)
November 5, 2001152Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 9/24/01. (moc)
November 5, 2001156RULE 1.9 CERTIFICATE filed by Citgo Petroleum, Getty Petroleum . (bai)
November 6, 2001157RULE 1.9 CERTIFICATE filed by Amerada Hess Corp. RE:Berisha. . (bai)
November 6, 2001158RULE 1.9 CERTIFICATE filed by Amerada Hess Corp. RE: Young. . (bai)
November 6, 2001159RULE 1.9 CERTIFICATE filed by Conoco Inc, RE: all cases . (bai)
November 8, 2001160RULE 1.9 CERTIFICATE filed by El Paso CGP Company. (kkc)
November 13, 2001161ANSWER and seperate defenses to Master Complaint by Exxon Corporation (Attorney Peter John Sacripanti from the Firm: McDermott, Will & Emery); jury demand. (bai)
November 13, 2001162ANSWER TO THE THIRD AMENDED COMPLAINT with seperate defenses by Exxon Corporation (Attorney Peter John Sacripanti from the Firm: McDermott, Will & Emery); jury demand. a[pplied to Donna Berisha. (bai) Modified on 11/14/2001
November 13, 2001163ANSWER TO THE THIRD AMENDED COMPLAINT by Exxon Corporation (Attorney Peter John Sacripanti from the Firm: McDermott, Will & Emery); jury demand. applied to Rebecca Young. (bai)
November 13, 2001164RULE 1.9 CERTIFICATE filed by Exxon Corporation . (bai)
November 13, 2001165ANSWER TO THE SECOND AMENDED COMPLAINT with seperate defenses by Exxon Corporation (Attorney Peter John Sacripanti from the Firm: McDermott, Will & Emery); jury demand. (bai)
November 14, 2001166ANSWER to Amended Complaint by Equilon Enterprises (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, PLLC). (jco) Modified on 11/16/2001
November 14, 2001167ANSWER to Amended Complaint by Shell Oil Company (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, PLLC). (jco) Modified on 11/16/2001
November 14, 2001168ANSWER to Third Amended Complaint by Shell Oil Company (Attorney Richard E. Wallace Jr.from the Firm: Wallace, King, Marraro & Branson, PLLC). (jco)
November 14, 2001169ANSWER to Third Amended Complaint by Shell Oil Products (Attorney Richard E. Wallace Jr.from the Firm: Wallace, King, Marraro & Branson, PLLC). (jco)
November 14, 2001170ANSWER to Amended Complaint by Chevron U.S.A., Inc. (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, & Branson). (jco)
November 14, 2001171ANSWER to Second Amended Complaint by Chevron U.S.A., Inc. (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, PLLC). (jco)
November 14, 2001172ANSWER to Third Amended Complaint by Chevron U.S.A., Inc. (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, & Branson, PLLC). (jco)
November 14, 2001173ANSWER to Amended Complaint by Texaco Refining (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, PLLC). (jco)
November 14, 2001174ANSWER to Third Amended Complaint by Texaco Refining (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, PLLC). (jco)
November 14, 2001175ANSWER to Amended Complaint by Texaco Inc. (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, PLLC). (jco)
November 14, 2001176ANSWER to Third Amended Complaint by Texaco Inc. (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, PLLC). (jco)
November 14, 2001177ANSWER to Amended Complaint by Motiva Enterprises (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson). (jco)
November 14, 2001178ANSWER to Third Amended Complaint by Motiva Enterprises (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, PLLC). (jco)
November 14, 2001181ANSWER to Complaint by Sunoco, Inc. (Attorney John Guttman from the Firm: Beveridge & Diamond, P.C.) . (bai)
November 14, 2001183ANSWER TO THE THIRD AMENDED COMPLAINT by El Paso CGP Company (Attorney Brent H. Allen from the Firm: Howrey Simon Arnold & White, LLP); jury demand. (kkc)
November 14, 2001184ANSWER TO THE THIRD AMENDED COMPLAINT by Amerada Hess Corp. (Attorney Brent H. Allen from the Firm: Howrey Simon Arnold & White, LLP); jury demand. (kkc)
November 14, 2001185ANSWER TO THE THIRD AMENDED COMPLAINT (Young v. Exxon) by Amerada Hess Corp. (Attorney Brent H. Allen from the Firm: Howrey Simon Arnold & White, LLP); jury demand. (kkc)
November 14, 2001186ANSWER to Master Complaint by Conoco Inc. (Attorney Edward A. Cohen from the Firm: Thompson Coburn LLP). (kkc)
November 14, 2001187ANSWER TO THE THIRD AMENDED COMPLAINT (Young) by Conoco Inc. (Attorney Edward A. Cohen from the Firm: Thompson Coburn LLP). (kkc)
November 14, 2001188ANSWER TO THE AMENDED COMPLAINT (England v. Atlantic) by Conoco Inc. (Attorney Edward A. Cohen from the Firm: Thompson Coburn LLP). (kkc)
November 14, 2001189ANSWER TO THE AMENDED COMPLAINT (England v. Atlantic) by Phillips Petroleum (Attorney Brent H. Allen from the Firm: Howrey Simon Arnold & White, LLP); jury demand. (kkc)
November 14, 2001190ANSWER to Master Complaint by Valero Marketing (Attorney Kenneth M. Bialo from the Firm: Baker Botts LLP); jury demand. (kkc)
November 14, 2001197RULE 1.9 CERTIFICATE filed by defendant El Paso CGP Company. (kw)
November 15, 2001179ANSWER TO THE THIRD AMENDED COMPLAINT by United Refining (Attorney Edward S. Weltman from the Firm: Goodwin Procter LLP). (bai)
November 15, 2001180RULE 1.9 CERTIFICATE filed by Sunoco, Inc. . (bai)
November 15, 2001182CERTIFICATE OF SERVICE of copy of England pltffs' 7th Supplemental Responses to Defts' First Master Set of Interrogatories; copy of England pltffs' 7th Supplement Responses to Defts' First Request for Production of Documents and Things; copy of the documents produced; and copy of Pltffs' redaction Log, upon Edward Cohen, Esq., and John Galvin Esq., by U.S. mail; and 20 copies of England pltffs' 7th Supplemental Responses to Defts' First Master Set of Interrogatories; 20 copies of England Pltffs' 7th Supplement Responses to Defts' First Request for Production of Documents and Things; and 1 copy of the documents produced; and 20 copies of Pltffs' Redaction Log, by U.S. Mail, on 11/5/01. (sn) Modified on 11/19/2001
November 19, 2001191FINAL JUDGMENT, that judgment be entered against plntf La Susa and in favor of defts dismissing the claims of Mr. La Susa without prejudice ( signed by Judge Shira A. Scheindlin ); Mailed copies and notice of right to appeal. Entered On Docket: 11/19/01. (cd) Modified on 11/20/2001
November 19, 2001192RULE 1.9 CERTIFICATE filed by BP Corporation North, BP Products North, Atlantic Richfield. (kkc)
November 19, 2001193ANSWER TO THE AMENDED COMPLAINT (Berisha v. Amereda Hess) by BP Corporation North, BP Products North, Atlantic Richfield (Attorney Thomas A. Tozer from the Firm: Kirkland & Ellis); jury demand. (kkc) Modified on 11/21/2001
November 19, 2001194ANSWER TO THE SECOND AMENDED COMPLAINT (England v. Atlantic) by BP Corporation North, BP Products North, Atlantic Richfield (Attorney Thomas A. Tozer from the Firm: Kirkland & Ellis); jury demand. (kkc)
November 19, 2001195ANSWER TO THE THIRD AMENDED COMPLAINT (Young v. Exxon) by BP Corporation North, BP Products North, Atlantic Richfield (Attorney Thomas A. Tozer from the Firm: Kirkland & Ellis); jury demand. (kkc)
November 19, 2001196ANSWER to Master Complaint by BP Corporation North, BP Products North, Atlantic Richfield (Attorney Thomas A. Tozer from the Firm: Kirkland & Ellis); jury demand. (kkc)
December 3, 2001199THIRD AMENDED COMPLAINT by Robert O'Brien and Adeline Reynolds (Answer due 12/17/01 for BP Corporation North, for Motiva Enterprises, for Corporation, for Chevron U.S.A., Inc., for Valero Energy, Inc., for United Refining, for Atlantic Richfield, for Texaco Inc., for Does 1 through 100, for Tosco Corporation, for Sunoco, Inc., for Shell Oil Products, for Mobil Oil Corp., for Exxon Corporation, for Citgo Petroleum, for BP Amoco Corporation, for Amerada Hess Corp. ) amending ; Summons issued. (db)
December 6, 2001200Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 10/26/01. (moc)
December 6, 2001201Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 10/18/01. (moc)
December 12, 2001202Court Opinion or Order STIPULATION AND SCHEDULING ORDER; the Berrian & O'Brien motions for leave to amend are granted. The O'Brien & Berrian cases are hereby consolidated purs. to FRCP 42. The claims of Barbara and James Hayes and Felicia Ritter, asserted in the Berrian case, are hereby dismissed with prejudice and without costs. The claims of Donna Berisha are hereby severed from the claims asserted in the O'Brien case and the Berisha case will proceed independently as a severed, non-class claim. ( signed by Judge Shira A. Scheindlin ) (sac)
December 17, 2001203ANSWER TO THE THIRD AMENDED COMPLAINT by Exxon Corporation (Attorney Peter John Sacripanti, James Anthony Pardo from the Firm: McDermott, Will & Emery). Jury Trial Demanded. (db) Modified on 12/18/2001
December 17, 2001204ANSWER TO THE SECOND AMENDED COMPLAINT by BP Amoco Corporation, BP Corporation North (Attorney Thomas A. Tozer from the Firm: Kirkland & Ellis). (db)
December 17, 2001205ANSWER to Complaint by Valero Energy, Inc. (Attorney Kenneth M. Bialo from the Firm: Baker Botts, L.L.P.); jury demand. (db)
December 17, 2001206ANSWER TO THE SECOND AMENDED COMPLAINT by Equilon Enterprises LLC (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, P.L.L.C.). (db)
December 17, 2001207ANSWER TO THE SECOND AMENDED COMPLAINT by Shell Oil Products (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, P.L.L.C.). (db)
December 17, 2001208ANSWER TO THE SECOND AMENDED COMPLAINT by Texaco Inc. (Attorney Anthony F. King, Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, P.L.L.C.). (db)
December 17, 2001209ANSWER TO THE SECOND AMENDED COMPLAINT by Shell Oil Products (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, P.L.L.C.). (db)
December 17, 2001210ANSWER TO THE SECOND AMENDED COMPLAINT by Texaco Refining and Marketing Inc. (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, P.L.L.C.). (db)
December 17, 2001211ANSWER TO THE SECOND AMENDED COMPLAINT by Motiva Enterprises (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, P.L.L.C.). (db)
December 17, 2001212ANSWER TO THE THIRD AMENDED COMPLAINT by Motiva Enterprises (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, P.L.L.C.). (db)
December 17, 2001213ANSWER TO THE THIRD AMENDED COMPLAINT (Attorney Brent H. Allen from the Firm: Howrey, Simon, Arnold & White, L.L.P.). (db)
December 17, 2001214ANSWER TO THE THIRD AMENDED COMPLAINT by Amerada Hess Corp. (Attorney Brent H. Allen from the Firm: Howrey, Simon, Arnold & White, L.L.P.); jury demand. (db)
December 17, 2001215ANSWER TO THE THIRD AMENDED COMPLAINT by Texaco Inc. (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, & Branson, P.L.L.C.). (db)
December 17, 2001216ANSWER TO THE THIRD AMENDED COMPLAINT (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, P.L.L.C.). (db)
December 17, 2001217ANSWER TO THE THIRD AMENDED COMPLAINT by Shell Oil Products (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, P.L.L.C.). (db)
December 17, 2001218ANSWER TO THE THIRD AMENDED COMPLAINT by Chevron U.S.A., Inc. (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, P.L.L.C.). (db)
December 17, 2001219ANSWER TO THE THIRD AMENDED COMPLAINT (Attorney Richard E. Wallace Jr. from the Firm: Wallace, King, Marraro & Branson, P.L.L.C.). (db)
December 17, 2001220ANSWER TO THE SECOND AMENDED COMPLAINT by Citgo Petroleum (Attorney Lisa S. Meyer, Pamela R. Hanebutt, Nathan Eimer from the Firm: Eimer, Stahl, Klevorn & Solberg); jury demand. (db)
December 17, 2001221RULE 1.9 CERTIFICATE filed by Citgo Petroleum . (db)
December 17, 2001222ANSWER TO THE THIRD AMENDED COMPLAINT by Citgo Petroleum (Attorney Lisa S. Meyer, Pamela R. Hanebutt, Nathan Eimer from the Firm: Eimer, Stahl, Klevorn & Solberg); jury demand. (db)
December 17, 2001223RULE 1.9 CERTIFICATE filed by Citgo Petroleum. (db)
December 19, 2001224ANSWER TO THE THIRD AMENDED COMPLAINT by United Refining (Attorney Christopher J. Garvey from the Firm: Goodwin Procter LLP). (bai)
December 19, 2001227ANSWER and DEFENSES TO THE AMENDED COMPLAINT by Sunoco, Inc. (Attorney John S. Guttmann from the Firm: Beveridge & Diamond). (djc)
December 21, 2001225DECLARATION of Dennis C. Reich Re: Class Action Trial Plan/Structure (docmt applied to La Susa) (djc)
December 21, 2001229NOTICE OF MOTION by Robert O'Brien for certification of the following classes under FRCP 23(a), 23(b)(2) and 23(c)(4)(A) ; Return date not indicated. (djc)
December 21, 2001230MEMORANDUM OF LAW by Robert O'Brien in support of [229-1] motion for certification of the following classes under FRCP 23(a), 23(b)(2) and 23(c)(4)(A) . (djc)
December 21, 2001231Class Plaintiffs' DECLARATION of Elizabeth J. Cabraser Re: Class Action Trial Plan/Trial Structure. (djc)
December 21, 2001232DECLARATION of Morris A. Ratner in support Re: [229-1] motion for certification of the following classes under FRCP 23(a), 23(b)(2) and 23(c)(4)(A) . (djc)
December 21, 2001233Plaintiffs' DECLARATION of Scott Summy in support Re: support of [229-1] motion for certification of the following classes under FRCP 23(b)(2) and 23(c)(4)(A). (djc)
December 26, 2001228CERTIFICATE OF SERVICE of 22 copies of Plaintiffs' Motion for class certification; Memorandum in support of plaintiffs' motion for class certification; Plaintiffs' preliminary trial plan; declaration of Elizabeth J. Cabraser Re: Class Action Trial Plan/Trial Structure; Declaration of Scott Summy; Declaration of Morris A. Ratner; and Certificate of Service by hand delivery pon Peter J. Sacripanti of McDermott, Will & Emery on 12/18/01. (djc)
January 2, 2002234Plaintiffs' Report to the Court Regarding Developments in Related Cases by Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien . (yv)
February 13, 2002236NOTICE OF MOTION (FILED ON SERVICE DATE) by Donna Berisha, Amerada Hess Corp., BP Amoco Corporation, Chevron Corporation, Citgo Petroleum, Exxon Corporation, Getty Petroleum, Gulf Oil Ltd., Mobil Corp., Shell Oil Products, Sunoco, Inc., Tosco Corporation, Does 1 through 100, Texaco Inc., Steven C. Greene, Melanie J. Arcure, Ron La Susa, Atlantic Richfield, United Valero Energy, Inc., Chevron U.S.A., Inc., Costal Corporation, Motiva Enterprises, Robert O'Brien, BP Corporation North for an order pursuant to Rule 26(a)(2)(B) of the FRCP granting defendant's motion for leave to supplement the expert report of Dr. Robert H. Harris in order to address certain limited issues raised in plaintiff's motion for class certification . No Return date indicated. (db) Modified on 03/05/2002
February 26, 2002235RESPONSE by plaintiffs' to defendants' motion for leave to supplement the expert report of Dr. Robert H. Harris. (kw)
March 1, 2002238NOTICE of change of firm name and address by Steven C. Greene, Melanie J. Arcure, Robert O'Brien. New name and address is Scott Summy and Celeste Evangelisti at Baron & Budd, P.C., 3102 Oak Lawn Avenue, Suite # 1100, Dallas, Texas 75219-4281. Telephone # (214) 521-3605. (db)
March 4, 2002237REPLY by Donna Berisha, Amerada Hess Corp., BP Amoco Corporation, Chevron Corporation, Citgo Petroleum, Exxon Corporation, Getty Petroleum, Gulf Oil Ltd., Mobil Oil Corp., Shell Oil Products, Sunoco, Inc., Tosco Corporation, Does 1 through 100, Texaco Inc., Steven C. Greene, Melanie J. Arcure, Ron La Susa, Atlantic Richfield, United Refining, Valero Energy, Inc., Chevron U.S.A., Inc., Costal Corporation, Motiva Enterprises, Robert O'Brien, BP Corporation North in support of [236-1] motion for an order granting defendant's motion for leave to supplement the expert report of Dr. Robert H. Harris in order to address certain limited issues raised in plaintiff's motion for class certification (db)
May 10, 2002239REPLY MEMORANDUM by Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien in support of: [229-1] motion for certification of the following classes under FRCP 23(a), 23(b)(2) and 23(c)(4)(A) (moc)
May 10, 2002240REPLY by Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien in support of Trial Plan. (moc)
May 10, 2002241REPLY DECLARATION of Morria A. Ratner by Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien in support of: [229-1] motion for certification of the following classes under FRCP 23(a), 23(b)(2) and 23(c)(4)(A) . (moc)
May 10, 2002242REPLY DECLARATION of Elizabeth J. Cabraser by Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien in support of: [229-1] motion for certification of the following classes under FRCP 23(a), 23(b)(2) and 23(c)(4)(A) . (moc)
May 10, 2002243DECLARATION of Marco Kaltofen, P.E. by Robert O'Brien. (moc)
May 10, 2002244DECLARATION of Vivian Vines Campbell by Donna Berisha, Steven C. Greene, Melanie J. Arcure, Ron La Susa, Robert O'Brien in support of: [229-1] motion for certification of the following classes under FRCP 23(a), 23(b)(2) and 23(c)(4)(A) . (moc)
May 10, 2002 DEFENDANTS JOINT RESPONSE to Plaintiffs Preliminary Trial (pl)
May 10, 2002 DEFENDANTS JOINT MEMORANDUM OF LAW in opposition to [229-1] motion for certification of the following classes under FRCP 23(a), 23(b)(2) and 23(c)(4)(A) along with dft.'s Joint Appendix of Unreported Legal Authorities to the Oppositon to Plaintiffs' motion for Class Certification Volumes I-X and CD containing Hyperlinked versions of: 1. Defts' Joint Memo of Law in opposition to Plaintiffs' motion for Class Certification, 2) Defts' Joint REsponse to Plaintiffs' Preliminary Trial Plan and 3) Defts' Joint Appendix to the Opposition to Plaintiffs' motion for class certification. (orig. document docketed in M21-88, Miscellaneous Docket as document #32) (pl)
May 28, 2002248NOTICE of change of attorney address by Valero Energy, Inc. New address is Kenneth M. Bialo at Baker, Botts, L.L.P., 599 Lexington Avenue, New York, New York 10022. Telephone # (212) 705-5000. (db)
May 29, 2002245Court Opinion or Order ORDER, denying [136-1] motion for an order, to reconsider its holding that pltffs' state law claims are not conflict preempted, or alternatively, for an Order purs. to 28 U.S.C. 1292(b), certifying the interlocutory review; the Clerk of the Court, or other appropriate person, is directed to close the motion doc. #136 . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (kw)
May 29, 2002246Court Opinion or Order ORDER, denying [236-1] motion for an order pursuant to Rule 26(a)(2)(B) of the FRCP granting defendant's motion for leave to supplement the expert report of Dr. Robert H. Harris in order to address certain limited issues raised in plaintiff's motion for class certification; the Clerk of the Court, or other appropriate person, is directed to close the motion doc. #236 . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (kw)
May 29, 2002247MEMORANDUM OPINION # 86997, denying [136-1] motion for an order, to reconsider its holding that pltffs' state law claims are not conflict preempted, or alternatively, for an Order purs. to 28 U.S.C. 1292(b), certifying the interlocutory review. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (jco)
June 25, 2002249NOTICE of change of attorney address by Citgo Petroleum. New address is Nathan P. Eimer at Eimer, Stahl, Klevorn & Solberg, 224 South Michigan Avenue, Suite # 1100, Chicago, Illinois 60604. Telephone (312) 660-7600. (db)
July 16, 2002250MEMORANDUM OPINION # 87167, denying [229-1] motion for certification of the classes under FRCP 23(a), 23(b)(2) and 23(c)(4)(A); a conference in these cases is scheduled for 8/7/02 at 4:30 p.m. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (jp)
July 18, 2002251Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 5/28/02 at 10:25 am. (gf)
August 19, 2002252NOTICE of CHANGE OF AFFILIATION: (This Document relates to: Berisha and Young) that A. Hoyt Rowell, III formerly of Ness, Motley, Loadholt, Richardson & Poole, is now affiliated w/ the firm of Richardson, Patrick, Westbrook & Brickman, LLC. The new address is: 174 East Bay Street, P.O. Box 879, Charleston, SC 29401. (ae)
November 25, 2002253NOTICE OF MOTION by Claudia Christiansen for an Order voluntarily dismissing her claim without prejudice, pursuant to FRCP 41(a)(2) . Return Date not indicated. Proposed Order attached. (yv)
January 30, 2003254Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 12/10/02 at 5:20 p.m.. (ae)
February 25, 2003255Order of discontinuance; that this action be, and the same hereby is, discontinued with prejudice but without costs; provided, however, that within 45 days of the date of this Order, counsel for plaintiff may apply by letter for restoration of the action to the calendar of the undersigned if the settlement is not effected, in which event the action will be restored. ( signed by Judge Shira A. Scheindlin ) (jco)
February 25, 2003 Case closed. (jco)
April 8, 2003256Memo-Endorsement on letter addressed to Judge Scheindlin from Mitchell M. Breit, dated 4/3/03. The requested substitution of Gary Klein, Esq. in place of Mitchell M. Breit as Depository Custodian is hereby so ordered . ( signed by Judge Shira A. Scheindlin ); (kw)
December 15, 2003340MOTION (FILED ON SERVICE DATE) to Remand Based on Sovereign Immunity Made by the Plaintiff People of the STate of California. (djc, )
January 4, 2004448Pretrial Order #3 (re:modification application) signed by Kenneth E. Warner, Special Master. (dle, )
April 2, 2004257RULE 7.1 DISCLOSURE STATEMENT. Document filed by Frontier El Dorado Refining Company.(db, )
April 2, 2004258NOTICE of Appearance by James D. Payne on behalf of Frontier El Dorado Refining Company (db, )
April 2, 2004259CONSENT TO REMOVAL. Document filed by Frontier El Dorado Refining Company.(db, )
April 2, 2004 Court Opinion or Order CASE MANAGEMENT ORDER; The Clerk will maintain a master docket and case file under the style In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation, MDL No. 1358, as Master File No. 1:00-1898 (SAS). Orders, pleadings, motions and other documents bearing a caption similar to that of this Order will, when docketed and filed in the Master File, be deemed docketed and filed in each individual case to the extent applicable, and ordinarily will not be docketed separately or physically filed in such individual cases. (Orig. doc. filed in case M-21-88, MDL No. 1348 (SAS), as doc. #49) (Signed by Judge Shira A. Scheindlin on 4/1/04) (ae, ) .
May 11, 2004260NOTICE of Appearance by Daniel K. Winters on behalf of American Agip Co. Inc. (Winters, Daniel)
June 14, 2004261MOTION (FILED ON SERVICE DATE) for an order clarifying the Court's Opinion and Order dated 3/16/04 pursuant to FRCP 12(b)(1) and 28 USC 1447(c). Filed by certain plaintiffs. (kw, )
June 14, 2004262MEMORANDUM OF LAW in Support re: 261 MOTION (FILED ON SERVICE DATE) for an order clarifying the Court's Opinion and Order. Filed by certain plaintiffs. (kw, )
June 14, 2004263DECLARATION of Michael Graboski in Support re: 261 MOTION (FILED ON SERVICE DATE) for an order clarifying the Court's Opinion and Order. Filed by certain plaintiffs. (kw, )
June 14, 2004264RESPONSE in Opposition re: 261 MOTION (FILED ON SERVICE DATE) for an order clarifying the Court's Opinion and Order. Filed by certain defendants. (kw, )
June 14, 2004265REPLY MEMORANDUM OF LAW in Support re: 261 MOTION (FILED ON SERVICE DATE) for an order clarifying the Court's Opinion and Order. Filed by certain plaintiffs. (kw, )
June 29, 2004266MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. Memorandum of Law in Support for Cases Filed in Connecticut. Document filed by Defendants Marathon Ashland Petroleum LLC, Marathon Oil Corporation, Marathan Oil Company, and Kock Industries, Inc. (sac, )
June 29, 2004267MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. Memorandum of Law in Support for Case filed in Florida. Document filed by Defendants Lyondell Chemical Company and Koch Industries, Inc. (sac, )
June 29, 2004268MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. Memoradum of Law in Support for Case filed in Illinois. Document filed Defendant Koch Industries, Inc. (sac, )
June 29, 2004269MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. Memorandum of Law in Support for Cases filed in Indiana. Document filed by Lyondell Chemical Company and Koch Industries, Inc.. (sac, )
June 29, 2004270MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. Memorandum of Law in Support for Case filed in Iowa. Document filed by Defendants Lyondell Chemical Company and Koch Industries, Inc.. (sac, )
June 29, 2004271MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. Memorandum of Law in Support for Cases filed in Kansas. Document filed by Defendant Lyondell Chemical Company. (sac, )
June 29, 2004272MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction.Memorandum of Law in Support for Cases filed in Louisiana. Document filed by Defendant Koch Industries, Inc. (sac, )
June 29, 2004273MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. Memorandum of Law in Support for Case filed in Massachusetts. Document filed by Defendants Marathan Ashland Petroleum LLC, Marathon Oil Corporation, Marathan Oil Company, Lyondell Chemical Company, and Koch Industries, Inc.. (sac, )
June 29, 2004274MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. Memorandum of Law in Support for Cases filed in New Hampshire. Document filed by Defendants Marathon Ashland Petroleum LLC, Marathon Oil Corporation, Marathon Oil Company, Lyondell Chemical Company, and Koch Industries, Inc. (sac, )
June 29, 2004275MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. Memorandum of Law in Support for Cases filed in Vermont. Document filed by Defendants Marathon Ashland Petroleum LLC, Marathon Oil Corporation, Marathon Oil Company, Lyondell Chemical Company, and Koch Industries, Inc.. (sac, )
June 29, 2004276MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. Memorandum of Law in Support for Cases filed in Virginia. Document filed by Defendant Koch Industries, Inc. (sac, )
June 29, 2004277MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. Memorandum of Law in Support for Case filed in West Virginia. Document filed by Defendants Lyondell Chemical Company and Koch Industries, Inc. (sac, )
June 29, 2004278MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following Massachesetts case. (sac, )
June 29, 2004279MEMORANDUM OF LAW in Support re: 278 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 29, 2004280MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following Kansas cases. (sac, )
June 29, 2004281MEMORANDUM OF LAW in Support re: 280 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 29, 2004282MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following Louisiana cases. (sac, )
June 29, 2004283MEMORANDUM OF LAW in Support re: 282 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 29, 2004284MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following Indiana cases. (sac, )
June 29, 2004285MEMORANDUM OF LAW in Support re: 284 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 29, 2004286MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following Iowa cases. (sac, )
June 29, 2004287MEMORANDUM OF LAW in Support re: 286 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 29, 2004288MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following Illinois cases. (sac, )
June 29, 2004289MEMORANDUM OF LAW in Support re: 288 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 29, 2004290MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following Connecticut cases. (sac, )
June 29, 2004291MEMORANDUM OF LAW in Support re: 290 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 29, 2004292MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following Florida cases. (sac, )
June 29, 2004293MEMORANDUM OF LAW in Support re: 292 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 29, 2004294MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following New York cases. (sac, )
June 29, 2004295MEMORANDUM OF LAW in Support re: 294 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 29, 2004296MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following West Virginia cases. (sac, )
June 29, 2004297MEMORANDUM OF LAW in Support re: 296 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 29, 2004298MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following Virginia cases. (sac, )
June 29, 2004299MEMORANDUM OF LAW in Support re: 298 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 29, 2004300MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following Vermont cases. (sac, )
June 29, 2004301MEMORANDUM OF LAW in Support re: 300 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 29, 2004302MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following New Hampshire cases. (sac, )
June 29, 2004303MEMORANDUM OF LAW in Support re: 302 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 29, 2004304MOTION (FILED ON SERVICE DATE) for an order, dismissing all counts and the "alternative liability" allegations of this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Exxon Corporation, et al. This document refers to the following New Jersey case. (sac, )
June 29, 2004305MEMORANDUM OF LAW in Support re: 304 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Corporation. (sac, )
June 30, 2004306MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction over Premcor, Inc.. Document filed by Defendant Premcor, Inc.. Affirmation of Peter R. Paden, the Affidavit of Jeffrey Dill attached. This document relates to: 03Civ10053; 03Civ.10051; 03Civ.10056; 03Civ.10054; 03Civ.10055; 03Civ.10052; 03Civ.10057.(sac, )
June 30, 2004307MEMORANDUM OF LAW in Support re: 306 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction over Premcor, Inc.. Document filed by Defendant Premcor, Inc.. Affirmation of Peter R. Paden, the Affidavit of Jeffrey Dill attached. This document relates to: 03Civ10053; 03Civ.10051; 03Civ.10056; 03Civ.10054; 03Civ.10055; 03Civ.10052; 03Civ.10057.( (sac, )
June 30, 2004308MOTION (FILED ON SERVICE DATE); for an order, to Dismiss for Lack of Jurisdiction for Cases filed in Louisiana. Document filed by Defendant Kock Industries, Inc. (sac, )
June 30, 2004309MOTION (FILED ON SERVICE DATE); for an order pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure, to Dismiss for Lack of Jurisdiction for Case filed in Florida. Document filed by Defendants Lyondell Chemicall. (sac, )
June 30, 2004310MOTION (FILED ON SERVICE DATE); for an order pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure, to Dismiss for Lack of Jurisdiction for Cases filed in Kansas. Document filed by Defendant Lyondell Chemicall. (sac, )
June 30, 2004311MOTION (FILED ON SERVICE DATE); for an order pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure, to Dismiss for Lack of Jurisdiction for Case filed in Illinois. Document filed by Defendants Koch Industries, Inc.. (sac, )
June 30, 2004312MOTION (FILED ON SERVICE DATE); for an order pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure, to Dismiss for Lack of Jurisdiction for Cases filed in Virginia. Document filed by Defendant Koch Industries, Inc.. (sac, )
June 30, 2004313MOTION (FILED ON SERVICE DATE); for an order pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure, to Dismiss for Lack of Jurisdiction for Case filed in Indiana. Document filed by Defendants Lyondell Chemicall and Koch Industries, Inc.. (sac, )
June 30, 2004314MOTION (FILED ON SERVICE DATE); for an order pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure, to Dismiss for Lack of Jurisdiction for Case filed in West Virginia. Document filed by Defendants Lyondell Chemicall and Koch Industries, Inc.. (sac, )
June 30, 2004315MOTION (FILED ON SERVICE DATE); for an order pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure, to Dismiss for Lack of Jurisdiction for Cases filed in Vermont. Document filed by Defendants Marathon Ashland Petroleum LLC, Marathon Oil Corporation, Marathan Oil Company, Koch Industries, Inc. and Lyondell Chemical Company. (sac, )
June 30, 2004316MOTION (FILED ON SERVICE DATE); for an order pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure, to Dismiss for Lack of Jurisdiction for Cases filed in New Hampshire. Document filed by Defendants Marathon Ashland Petroleum LLC, Marathon Oil Corporation, Marathon Oil Company, Koch Industries, Inc. and Lyondell Chemical Company. (sac, )
June 30, 2004317MOTION (FILED ON SERVICE DATE); for an order pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure, to Dismiss for Lack of Jurisdiction for Case filed in Massachusetts. Document filed by Defendants Marathon Ashland Petroleum LLC, Marathon Oil Corporation, Marathon Oil Company, Koch Industries, Inc. and Lyondell Chemical Company. (sac, )
June 30, 2004318Motion to Dismiss for Lack of Personal Jurisidiction for Cases filed in Connecticut. Document filed by Defendants Marathon Ashland Petroleum LLC, Marathon Oil Corporation, Marathon Oil Company and Koch Industries, Inc.. (sac, )
July 6, 2004319Exxon Mobil Corporation's amended answer and separate defenses to second amended complaint. Document filed by Exxon Corporation.(dle, )
July 16, 2004 Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL of Premcor Inc. This document relates to 03cv10053, 03cv10051, 03cv10056, 03cv10054, 03cv10055, 03cv10052, and 03cv10057. Original filed in case M21-88 doc# 81. (Signed by Judge Shira A. Scheindlin on 7/15/04) (jco, )
July 27, 2004320Court Opinion or Order ORDER; Robert Doty and the law firm of Cox, Castle & Nicholson LLP are permitted to withdraw as counsel for 7-Eleven, Inc and that Michael A.Walsh and the firm of Strasburger & Price, L.L.P. are hereby substituted as counsel of record for Defendant 7-Eleven, Inc in the above-referenced case. (Signed by Judge Shira A. Scheindlin on 7/23/04) (djc, )
July 29, 2004321Court Opinion or Order CASE MANAGEMENT ORDER #2: regarding procedures that will govern the Status Conference and discovery, in the manner that is set forth in this Case Management Plan. (Signed by Judge Shira A. Scheindlin on 7/27/04) (pl, ) Modified on 7/30/2004 (pl, ). This document relates to: All Cases
August 3, 2004322Court Opinion or Order CASE MANAGEMENT ORDER #3; Regarding the Court issued case management order filed on 4/1/04, setting forth procedures governing all cases then pending before the Court. Since the entry of CMO I, the Judicial Panel on MDL has transferred additional related cases to this Court, including, but not limited to, cases filed by the State of New Hampshire, the People of California, and non-state plaintiffs from five additional states. These newly-transferred cases are therefore not bound by the deadlines set purs. to CMO I. In order to advance all cases in MDL 1358 in the most efficient manner, newly-transferred cases must be "caught up" to and coordinated w/ the previously pending cases. This Order memorializes certain deadlines established by the Court at a status conference on 7/28/04. The schedule as set forth in this Case Management Order #3, shall apply to All Cases. (Signed by Judge Shira A. Scheindlin on 7/29/04) (ae, )
August 3, 2004324ENDORSED LETTER addressed to Judge Shira A. Scheindlin from C. Sanders McNew dated 7/26/04 re: plaintiffs requests that the Court permit the parties to vary the briefing schedule on the dfts Rule 12(b) motions; Plaintiffs' requests is hereby granted. Plaintiffs shall serve their oppositions to dfts' Rule 12(b) motions on Friday, 8/6/04. Dfts shall serve their replies on Thursday, 9/9/04.. (Signed by Judge Shira A. Scheindlin on 7/27/04) (pl, )
August 4, 2004323Court Opinion or Order STIPULATION AND ORDER that plainitffs shall serve and file amended complaints within 21 days of the date of entry of this order; dfts shall file renewed motions to dismiss the amended complaints in the actions as further set forth herein within 21 days after plaintiffs serve and file the amended complaints; dfts' currently pending motions to dismiss are withdrawn, without prejudice to their filing any renewed motions to dismiss the amended complaints as provided for herein. This document relates to 04cv1719, 04cv1720, 04cv1718, 04cv1721, 04cv1716, 04cv3413, and 04cv3412. (Signed by Judge Shira A. Scheindlin on 8/2/04) (dle, )
August 9, 2004371SECOND AMENDED COMPLAINT (JURY TRIAL DEMANDED) against 7-Eleven, Inc., Atlantic Richfield Company, BP Products North America, Inc., Sartaj Bains, Bains Brothers, LLC, Chevron U.S.A., Inc., Chevrontexaco Corporation, Circle K Stores, Inc., Citgo Petroleum Corporation, ConocoPhillips Company, Digol's Gas, Does 26-1000, Equilon Enterprises LLC, Exxon Mobil Corporation, Ghulam Fareed, Mohammed Faruk, Ferg's Market, Fuel Stop, Full Stop Mini Market, Gold Star Gas/Food, Elias Jbeily, Julius Juhasz, Klara Juhasz, Lyondell Chemical Company, Edward Marrach, Safdar Naiz, New West Stations, Inc., New West petroleum, Sajda Perveen, Petro Star, R&B Stations, Inc., Abdul Rauf, Mohammad Shamshad, Shell Oil Company, Shell Oil Products Company, Speed Bird, Inc., Sunoco, Inc., Super Star Plus Corporation, Tesoro Refining and Marketing Company, Inc., Texaco Inc., Texaco Refining and Marketing, Inc., Tosco Corporation, Ultramar, Inc., United Refining Company, Unocal Corporation, Valero Energy, Inc., Lo J. Yang.Document filed by California-American Water Company, Citrus Heights Water District, City of Sacramento, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento County Water Agency, Sacramento Goundwater Authority, Sacramento Suburban Water District, San Juan Water District, The People of the State of California.(ae, )
August 10, 2004325SPECIAL MASTER PRE-TRIAL ORDER # 1 (PROCEDURES). Document filed by Kenneth E. Warner. (db, )
August 18, 2004326MEMORANDUM OF LAW in Support of plaintiffs response to defendants motion to dismiss filed in VERMONT cases. Document filed by Melanie J. Arcure, Donna Berisha, Steven C. Greene, Ron La Susa, Robert O'Brien. (db, )
August 18, 2004327MEMORANDUM OF LAW in Support of plaintiffs response to defendants motion to dismiss filed in MASSACHUSETTS cases. Document filed by Melanie J. Arcure, Donna Berisha, Steven C. Greene, Ron La Susa, Robert O'Brien. (db, )
August 18, 2004328MEMORANDUM OF LAW in Support of plaintiffs' response to defendants' motion to dismiss filed in KANSAS. Document filed by Melanie J. Arcure, Donna Berisha, Steven C. Greene, Ron La Susa, Robert O'Brien. (db, )
August 18, 2004329MEMORANDUM OF LAW in Support of plaintiffs' response to defendants' motion to dismiss filed in IOWA. Document filed by Melanie J. Arcure, Donna Berisha, Steven C. Greene, Ron La Susa, Robert O'Brien. (db, )
August 18, 2004330MEMORANDUM OF LAW in Support of plaintiffs' response to defendants' motion to dismiss filed in INDIANA. Document filed by Melanie J. Arcure, Donna Berisha, Steven C. Greene, Ron La Susa, Robert O'Brien. (db, )
August 18, 2004331MEMORANDUM OF LAW in Support of plaintiffs' response to defendants' motion to dismiss filed in FLORIDA. Document filed by Melanie J. Arcure, Donna Berisha, Steven C. Greene, Ron La Susa, Robert O'Brien. (db, )
August 18, 2004332MEMORANDUM OF LAW in Support of plaintiffs' response to defendants' motion to dismiss filed in WEST VIRGINIA. Document filed by Melanie J. Arcure, Donna Berisha, Steven C. Greene, Ron La Susa, Robert O'Brien. (db, )
August 24, 2004333Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL without prejudice.... (Signed by Judge Shira A. Scheindlin on 8/24/04) (jf, )
August 31, 2004334DECLARATION of Dr Michael Graboski in support of plaintiffs' Reply Brief Motion for Clarification; (djc, )
August 31, 2004335Plaintiffs' Reply to Defendants' Oppositoin to Plaintiffs' Notices of Joinder to the Pending Motion for Clarification; Document filed by Melanie J. Arcure. (djc, )
August 31, 2004336Defendants' Response to State Plaintiffs' Motions to Remand. (djc, )
August 31, 2004337Defendants' MEMORANDUM in Opposition to California Plaintiffs' Motion for Remand. (djc, )
August 31, 2004338REPLY Brief in Support of Motion to Remand Based on Sovereign Immunity Made by the Plaintiff People of the State of China. (djc, )
August 31, 2004339California Plaintiffs' Reply to Defendants' Opposition to Motion to Remand.. (djc, )
September 3, 2004341MEMORANDUM AND OPINION # 90611 that for the reasons set forth in this opinion this court has federal agent jurisdiction over certain California, Indiana, Vermont and Virginia cases and bankruptcy jurisdiction over all consolidated cases. Dfts have met their burden of establishing federal subject matter jurisdiction and their right to removal. The clerk of the court is directed to close these motions. A conference is scheduled for 9/23/04 at 10:00 a.m. (Signed by Judge Shira A. Scheindlin on 9/3/04); (This Document Relates to: 04 cv 2059; 04 cv 2060; 04 cv 2061; 04 cv 2062; 04 cv 1723; 04 cv 2055; 04 cv 2056; 04 cv 2057; 04 cv 1724; 04 cv 1722; 04 cv 2070; 04 cv 2072; 04 cv 4970; 04 cv 3412; 04 cv 3413; 04 cv 3418; 04 cv 3419; 04 cv 3420; and 04 cv 4990) (dle, ) Modified on 9/16/2004 (ae, ).
September 9, 2004343Reply in Further Support of Defendant Lyondell Chemical Company's Motion to Dismiss for Lack of Personal Jurisdiction Under FRCP 12(B)(2) for Case filed in Florida;(djc, )
September 9, 2004344Reply in Further Support of Defendant Lyondell Chemical Company's Motion to Dismiss for lack of personal jurisdiction Under FRCP 12(B)2) for cases filed in Indiana. (djc, )
September 9, 2004345Reply in Further Support of Defendant Lyondell Chemical Company's Motion to Dismiss for Lack of personal Jurisdiction under FRCP 12(B)(2) for cases filed in Iowa. (djc, )
September 9, 2004346Reply in Further Support of Defendant Lyondell Chemical Company's Motion to Dismiss for Lack of personal Jurisdiction under FRCP 12(B)(2) for Cases fileld in Massachusetts; (djc, )
September 9, 2004347Reply in Further Support of Defendant Lyondell Chemical Company's Motion to Dismiss for Lack of Personal Jurisdiction Under FRCP 12(B)(2) for Case filed in Vermont;(djc, ) (djc, )
September 9, 2004348Reply in Further Support of Defendant Lyondell Chemical Company's Motion to Dismiss for Lack of Personal Jurisdiction Under FRCP 12(B)(2) for Case filed in Kansas;(djc, ) (djc, )
September 9, 2004349Reply in Further support of Defendant Lyondell Chemical Company' Motion to Dismiss for Lack of Personal Jurisdiction Under FRCP 12(B)(2) for Case filed in West Virginia. (djc, )
September 9, 2004350Reply Memorandum in support of Irving Oil Defendants' Motion to dismiss for Failure to State a Claim or for Summary Judgment; (djc, )
September 10, 2004342ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Scott Pasternack dated 9/8/04 re: plaintiff's request is hereby GRANTED. The Court shall refrain from issuing the confidentiality Order in this action until 9/15/04. (Signed by Judge Shira A. Scheindlin on 9/8/04) (db, )
September 10, 2004351Court Opinion or Order ORDER; denying 340 Motion to Remand. The Court has not made a ruling concerning the discovery plan in MDL 1358 and has not approved the focus cases proposed by the steering committees. All parties will be given a full a fair opportunity to be heard on the matter at the appropriate time. Accordingly, California must refile its reply brief in support of its motion to remand, omitting its "Supplemental Statement of the Case." However, it need not delete that part of its remand argument based on the possibility that focus cases will be selected for fast-track discovery, i.e., the argument on page 3 of its reply brief that the possibility that this proposal will be adopted by the Court strengthens its argument that the proceedings are "anomalous" and "unheard of" within the meaning of Hans v. Louisiana, 134 U.S. 1 (1890). This Document Relates to: 04Civ.4972. (Signed by Judge Shira A. Scheindlin on 9/8/04) (sac, )
September 13, 2004354REPLY BRIEF in Support of defendants motion to dismiss the NEW JERSEY complaint pursuant to FRCP 12(B)(6). Document filed by Exxon Corporation. (db, )
September 13, 2004355REPLY BRIEF in Support of defendants motion to dismiss the NEW YORK complaint pursuant to FRCP 12(B)(6). Document filed by Exxon Corporation. (db, )
September 13, 2004356REPLY BRIEF in Support of defendants motion to dismiss the IOWA complaint pursuant to FRCP 12(B)(6). Document filed by Exxon Corporation. (db, )
September 13, 2004357REPLY BRIEF in Support of defendants motion to dismiss the FLORIDA complaint pursuant to FRCP 12(B)(6). Document filed by Exxon Corporation. (db, )
September 13, 2004358REPLY BRIEF in Support of defendants motion to dismiss the VERMONTcomplaint pursuant to FRCP 12(B)(6). Document filed by Exxon Corporation. (db, ) Modified on 9/17/2004 (db, ).
September 13, 2004359REPLY BRIEF in Support of defendants motion to dismiss the VIRGINIA complaint pursuant to FRCP 12(B)(6). Document filed by Exxon Corporation. (db, )
September 13, 2004360REPLY BRIEF in Support of defendants motion to dismiss the WEST VIRGINIA complaint pursuant to FRCP 12(B)(6). Document filed by Exxon Corporation. (db, )
September 13, 2004361REPLY BRIEF in Support of defendants motion to dismiss the ILLINOIS complaint pursuant to FRCP 12(B)(6). Document filed by Exxon Corporation. (db, )
September 13, 2004362REPLY BRIEF in Support of defendants motion to dismiss the KANSAS complaint pursuant to FRCP 12(B)(6). Document filed by Exxon Corporation. (db, )
September 13, 2004363CERTIFICATE OF SERVICE of (11) REPLY BRIEF'S in Support of defendants motion to dismiss the complaint pursuant to FRCP 12(B)(6). Served on PLAINTIFFS on 9/9/04. Service was made by FIRST CLASS MAIL. Document filed by Exxon Corporation. (db, )
September 13, 2004364REPLY BRIEF in Support of defendants motion to dismiss the MASSACHUSETTS complaint pursuant to FRCP 12(B)(6). Document filed by Exxon Corporation. (db, )
September 13, 2004365REPLY BRIEF in Support of defendants motion to dismiss the INDIANA complaint pursuant to FRCP 12(B)(6). Document filed by Exxon Corporation. (db, )
September 15, 2004352NOTICE of Voluntary Dismissal, pursuant to Rule 41(a)(1)(i) of the F.R.C.P., the above referenced action as to Total Holdings, USA, Inc. is hereby dismissed without prejudice, and each party to bear it own costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 9/9/04) (dt, )
September 15, 2004353NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1)(i) of the F.R.C.P. as to GETTY PETROLEUM MARKETING INC., the above-referenced action as to GETTY PETROMEUM MARKETING, INC. (OLNY), is dismissed without prejudice, with each party to bear its own costs. Plaintiffs reserve all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 9/9/04) (dt, )
September 15, 2004366Plaintiff State of New Hampshire's RESPONSE to defendants' sur-reply re: Motion to Remand. (db, )
September 17, 2004367Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL, pursuant to Fed. R. of Civ. P. 41(a)(1), Plaintiffs voluntarily dismiss without prejudice the Summonses with Notice and the Complaints in the above-caption actions against Defendants El Paso Corpoation, El Paso CGP Company, The Coastal Corporation, El Paso CGP Corporation, Coastal Refining and Marketing Inc., Coastal Mobile Refining Company, and Coastal States Trading Inc. and reserves all of Plaintiffs' rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 9/13/04) (dt, )
September 17, 2004369ENDORSED LETTER addressed to Judge Scheindlin from Steven German dated 9/9/04; plntf's request is hereby granted. Plntf may submit a Supplemental Declaration in support of plntf Town of Hartland's Memo In Opposition to defts' Motion to Dismiss or for Summary Judgment, attaching certain documents. The Supplemetnal Declarationmust be fld nolater than 9/24/04. Defts may respond no later than 10/1/04. No further submissions will be accepted from any party thereafter. (Signed by Judge Shira A. Scheindlin on 9/10/04) (cd, )
September 17, 2004370Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE, the attorneys listed on Attachment "A" (45 in total are admitted on behalf of defts. (Signed by Judge Shira A. Scheindlin on 9/15/04) (cd, )
September 17, 2004 Transmission to Attorney Admissions Clerk. Transmitted re: 370 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, )
September 22, 2004368Court Opinion or Order STIPULATION AND ORDER; that whenever a party to this Litigation is required by the F.R.C.P. to serve a document on counsel of record, that party may effectuate service of the document by the procedure set forth in this Stipulation and Order, subject tot he exceptions outlined in this Stipulation and Order. All references to document in this Stipulation and Order shall be interpreted to include any exhibits or attachments to said document. (Signed by Judge Shira A. Scheindlin on 9/21/04) (pl, )
September 24, 2004372Court Opinion or Order ORDER regrding procedures to be followed that shall govern the handling of "confidential materials". (Signed by Judge Shira A. Scheindlin on 9/23/04) (jco, )
September 28, 2004373ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Matthew T. Heartney and Mae Wu dated 9/24/04. The parties' request is hereby granted. The New Hampshire and California cases [04 civ. 4968, 04 civ. 4969, 04 civ. 4970, 04 civ. 4971, 04 civ. 4972, 04 civ. 4973, 04 civ. 4974, 04 civ. 4975, 04 civ. 4976] shall be subject to the following schedule: Amended Complaints due: 10/29/04 Rule 12 motions: to be filed: 11/29/04; oppositions: 12/31/04; Replies: 1/14/05. (Signed by Judge Shira A. Scheindlin on 9/27/04) (kw, )
September 30, 2004375RESPONSE to Plaintiff's Supplemental Declaration of Robert Stacey and in support of Irving Oil's Motion to dismiss. Document filed by Irving Oil Defendants. (sac, )
October 4, 2004374REPORT AND RECOMMENDATION #2 (CONFIDENTIALITY). Document filed by Kenneth E. Warner. (pl, )
October 13, 2004376MOTION (FILED ON SERVICE DATE) to Dismiss all counst of the complaints purs to FRCP 12(b)(6). Document filed by Exxon Mobil Corporation. (cd, )
October 13, 2004377MEMORANDUM OF LAW in Support re: 376 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Mobil Corporation. (cd, )
October 13, 2004378MOTION (FILED ON SERVICE DATE) to Dismiss all counts and the "alternative liability" allegations. Document filed by Exxon Mobil Corporation. (cd, )
October 13, 2004379MEMORANDUM OF LAW in Support re: 378 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Mobil Corporation. (cd, )
October 18, 2004382ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Toddd F. Robbins dated 10/11/04 re: granting the parties joint requests that the Courit approve the revised proposed schedule: the parties request is hereby granted. The following schedule shall apply to 04cv4968, 04cv4969, 04cv4970,04cv4971,04cv4972,04cv7973,04cv4974,04cv4975,04cv4976: preliminary Interrogatories due: 11/12/04; Plaintiffs? responses due: 12/13/04; Rule 12 motions to be filed 12/1/04; oppositions due: 1/4/05; replies due: 1/18/05. . (Signed by Judge Shira A. Scheindlin on 10/13/04) (pl, ) Modified on 10/22/2004 (pl, ).
October 18, 2004 Set Deadlines/Hearings: Answer to Interrogatories due by 12/13/2004. Interrogatories due by 11/12/2004. Motions due by 12/1/2004. Reply to Response to Brief due by 1/18/2005. Responses due by 1/4/2005 (pl, )
October 19, 2004380Court Opinion or Order ORDER REFERRING DISPUTED ITEMS TO MAGISTRATE JUDGE AS SPECIAL MASTER Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge as Special Master. (Signed by Judge Shira A. Scheindlin on 10/18/2004) (jp, )
October 19, 2004 Transmission to Case Assignment Clerk. Transmitted re: 380 Order Referring Case to Magistrate Judge - Special Master, to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (jp, )
October 19, 2004381Court Opinion or Order OPINION AND ORDER #90795: (This document relates to 04 civ. 4976 and 4972). State Plaintiffs' motions to remand are denied. The Clerk of the Court is directed to close these motions. (Signed by Judge Shira A. Scheindlin on 10/19/04) Copies Mailed By Chambers.(kw, ) Modified on 10/22/2004 (kw, ).
October 20, 2004383Court Opinion or Order CASE MANAGEMENT ORDER #4; All case management orders requiring production of documents or other information, previously made by the Court, shall remain in full force and effect. For the purposes of this Order, the following cases are focus cases: 04 cv 5424; 04 cv 4968; 04 cv 3417; and 04 cv 2389. For purposes of this Order, all cases not listed in subsection 11(A) are non-focus cases at this time; See Case Management Order #4 for further scheduling dates. (Signed by Judge Shira A. Scheindlin on 10/19/04) (ae, )
November 3, 2004421CERTIFICATE OF SERVICE of Summons and Amended Complaint,,,,,. Chevron Corporation served on 4/1/2004, answer due 4/21/2004; Exxon Mobil Corporation served on 4/1/2004, answer due 4/21/2004; Mobil Oil Corporation served on 4/1/2004, answer due 4/21/2004; Shell Oil Products Company served on 4/1/2004, answer due 4/21/2004; Texaco Inc. served on 4/1/2004, answer due 4/21/2004. Service was made by e-mail. Document filed by Melanie J. Arcure ; California-American Water Company ; Citrus Heights Water District ; City of Sacramento ; Del Paso Manor Water District ; Fair Oaks Water District ; Florin Resource Conservation District ; Steven C. Greene ; Robert O'Brien ; Rio Linda Elverta Community Water District ; Sacramento County Water Agency ; Sacramento Goundwater Authority ; Sacramento Suburban Water District ; San Juan Water District ; The People of the State of California. (yv, )
November 4, 2004384Court Opinion or Order OPINION AND ORDER # 90850; that plaintiffs' motion to remand is denied. Preemption constitutes a colorable federal defense for purposes of federal office removal statue. As noted in the Court's prior opinions, defendants have averred facts sufficient to support removal. The Clerk of the Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 11/3/04) (pl, ) Modified on 11/8/2004 (pl, ).
November 10, 2004385NOTICE OF INTERLOCUTORY APPEAL (This Document Relates To Case #04cv4972) from 383 Order. Document filed by The People of the State of California. Filing fee $ 255.00, receipt number E 525616. Copies of Notice of Interlocutory Appeal mailed to Attorney(s) of Record: Kirkland & Ellis, LLP; McDermott, Will & Emery; Digol's Gas c/o EliasJbeily; Gordon & Rees, LLP; Ghulam Fareed individually and dba Speed Bird, Inc.;Wallace, King, Marrero & Branson, PLLC; Bingham McCutchen; Mohammed Faruk dba Fuel Stop dba Fuel Stop Mini Market; Eimer, Stahl, Klevorn & Solberg, LLP; Fuel Stop; Latham & Watkins, LLP; Full Stop Mini Market c/o Mohammed Faruk; Howrey, Simon, Arnold & White, LLP; Bracewell & Patterson; Elias Jbeily individually and dba Digol's Gas; Edwards & Angell, LLP; Edward Marrach individually and dba Digol's Gas; Blank Rome, LLP; Safdar Naiz individually and dba Speed Bird, Inc.; Strasburger & Price, LLP; Spencer T. Malysiak; Goldsberry, Freeman, Guzman & Ditora, LLP; Speed Bird, Inc. c/o Safdar Naiz; Lo J. Yang individually and dba Full Stop Mini Market; Desmond, Nolan, Livaich & Cunningham; James L. Brunello. (tp, )
November 10, 2004 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 385 Notice of Interlocutory Appeal. (tp, )
November 10, 2004 Transmission of Notice of Appeal to the District Judge re: 385 Notice of Interlocutory Appeal. (tp, )
November 15, 2004409PRE-TRIAL ORDER #2 (Re: Case Management Order #4 Disputes) (sac, )
November 16, 2004386NOTICE OF INTERLOCUTORY APPEAL (This Document Relates To: 04cv4976(SAS)) from 381 Memorandum & Opinion. Document filed by The State of New Hampshire. Filing fee $ 255.00, receipt number E 526035. Copies of Notice of Interlocutory Appeal mailed to Attorney(s) of Record: All 34 parties listed on the attached service list. (tp, ).
November 16, 2004 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 386 Notice of Interlocutory Appeal. (tp, )
November 16, 2004 Transmission of Notice of Appeal to the District Judge re: 386 Notice of Interlocutory Appeal. (tp, )
November 16, 2004387Irving Oil Dfts' Acknowledgment of Revised Confidentiality Order. (dle, )
November 16, 2004388Defendant Exxon Mobil Corporation's Acknowledgment of Revised Confidentiality Order. Document filed by Exxon Mobil Corporation. (dle, )
November 16, 2004390Court Opinion or Order STIPULATION AND ORDER; [this document relates to the following Connecticut cases: 04cv1718, 04cv1720, 04cv1721, 04cv1719, 04cv1716]; that the time for dft. Phibro Inc. to answer or otherwise move with respect to plaintiffs' complaints in the captioned matters is extended through and including 11/30/04. (Signed by Judge Shira A. Scheindlin on 11/15/04) (pl, ) Modified on 11/24/2004 (pl, ). Modified on 11/24/2004 (pl, ).
November 18, 2004389LETTER addressed to Clerk of the Court from Todd E. Robins, Esq. dated 11/15/04 re: this letter serves as an acknowledgment, pursuant to section S of the Revised Confidentiality Order entered on 9/24/04 in MDL 1358.. (sac, )
November 19, 2004391Acknowledgment of Revised Confidentiality Order. Document filed by Phibro, Inc. (yv, )
November 19, 2004392MEMORANDUM OF LAW in Support re: 282 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Mobil Corporation. (yv, )
November 19, 2004393REPLY MEMORANDUM OF LAW in Support re: 290 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Mobil Corporation. (yv, )
November 19, 2004396Acknowledgement of Revised Confidentiality Order. Document filed by Westport Petroleum, Inc. (yv, )
November 19, 2004397Acknowledgment of Revised Confidentiality Order. Document filed by Tesoro Petroleum Corporation and Tesoro Refining and Marketing Company, Inc. (yv, )
November 22, 2004394Acknowledgment Pertaining to Revised Confidentiality Order. Document filed by City of New York. (yv, )
November 22, 2004395NOTICE of Appearance by Steven L. Leifer on behalf of Ashland Inc. (yv, )
November 22, 2004417Acknowledgement of Revised Confidentiality Order. Document filed by Amerada Hess Corporation. (yv, )
November 22, 2004418Acknowledgement of Revised Confidentiality Order. Document filed by United Refining Company. (yv, )
November 22, 2004419Acknowledgement of Revised Confidentiality Order. Document filed by Union Oil Company of California and Unocal Corporation. (yv, )
November 22, 2004423Defendants' ACKNOWLEDGEMENT OF SERVICE of Revised Confidentiality Order. (djc, )
November 23, 2004398Acknowledgement of Revised Confidentiality Order. Document filed by Sunoco, Inc. and Sunoco, Inc. (R&M) (yv, )
November 23, 2004399Acknowledgement of Revised Confidentiality Order. Document filed by Valero Energy, Inc. Valero Marketing and Supply Company, Valero Refining and Marketing Company, Colorado Refining Company, Valero Refining Company-Louisiana, Valero Refining-Texas, L.P., Valero Refining Company-California, Valero Refining Company-New Jersey, Diamond Shamrock Refining and Marketing Company, Ultramar Inc., Ultramar Energy, Inc., Ultramar Ltd., and TPI Petroleum, Inc. (yv, )
November 23, 2004400Acknowledgement of Revised Confidentiality Order. Document filed by Total Petrochemicals USA, Inc. (yv, )
November 23, 2004401Acknowledgment of Revised Confidentiality Order. Document filed by USA Gasoline Corporation (yv, )
November 23, 2004402LETTER addressed to Mr. McMahon from Gale R. Lea dated 11/16/04 re: letters dated 11/8/04 acknowledging receipt and review of the Revised Confidentiality Order. Document filed by Go-Mart, Inc.(yv, )
November 23, 2004403Acknowledgment of Revised Confidentiality Order. Document filed by Frontier El Dorado Refining Company. (yv, )
November 23, 2004404Acknowledgment of Revised Confidentiality Order. Document filed by Citgo Petroleum Corporation and CITGO Refining and Chemicals Company, L.P. (yv, )
November 23, 2004405Acknowledgment of Revised Confidentiality Order. Document filed by ConocoPhillips Company. (yv, )
November 23, 2004406Acknowledgment of Revised Confidentiality Order. Document filed by the Premcor Refining Group, Inc. (yv, )
November 23, 2004407Acknowledgment of Revised Confidentiality Order. Document filed by Getty Properties Corp. and Leemilt's Petroleum, Inc. (yv, )
November 23, 2004422ACKNOWLEDGEMENT OF SERVICE; purs to Section II.S of the Revised confidentiality Order entered by this Court on 09/23/04, counsel for International Matex Tank Terminals in the Louisiana MTBE cses hereby acknowledge that they have received and reviewed a copy of the Order. (djc, )
November 29, 2004408Acknowledgment by dft Giant Yorktown, Inc. of revised confidentiality order. (dle, )
November 29, 2004426RULE 7.1 DISCLOSURE STATEMENT by Philbro Inc.. (pl, ) Modified on 12/15/2004 (pl, ). (This Document Relates to MDL 1358 and Connecticut cases: 04cv1718, 04cv1720, 04cv1721, 04cv1719, and 04cv1716.
November 29, 2004427MOTION for an order dismissing all counts of the complaints pursuant to Rule 12(b)(6) of the F.R.C.P. in Connecticut cases: 04cv1718, 04cv1720, 04cv1721, 04cv1719, and 04cv1716. (relates to MDL 1358). (pl, )
November 29, 2004428REPLY BRIEF for certification pursuant to 28 U.S.C. section 1292. (pl, ) Modified on 12/15/2004 (pl, ). (This document relates to 04cv4968, C.A. 8:04-53, C.A. 2: 03-2582, C.A. 2:03-2601, C.A. 2:03-2653, 04-cv-4973, C.A. 3:03-5379, C.A. 3: 03-2408, 04-2060, 0402061, 04-2062, 04-2059.
November 30, 2004410Acknowledgment of Revised Confidentiality Order. Document filed by Johnson & Dix Fuel Corp. (yv, )
November 30, 2004411RULE 7.1 DISCLOSURE STATEMENT. Document filed by La Gloria Oil and Gas Company(yv, )
November 30, 2004412NOTICE of Appearance by Ben M.. Krowicki on behalf of La Gloria Oil and Gas Company (yv, )
November 30, 2004413NOTICE of Appearance by Rebecca L. Bouchard on behalf of La Gloria Oil and Gas Company (yv, )
November 30, 2004414Acknowledgement of revised confidentiality order. Document filed by Crown Central Petroleum Corporation (yv, )
December 1, 2004420Defendant Toms Sierra Company, Inc.'s and defendant Sierra Energy's Acknowledgment of Revised 9/23/04 Confidentiality Order. (db, )
December 1, 2004429NOTICE of Appearance by Robert F. Redmond Jr. on behalf of Giant Yorktown, Inc. (jco, )
December 1, 2004430Defendant American Refining Group Inc's Acknowledgement of Revised Confidentiality Order. Document filed by American Refining Group Inc.'s. (jco, )
December 1, 2004431RULE 7.1 DISCLOSURE STATEMENT. Document filed by American Refining Group Inc.'s.(jco, )
December 1, 2004432NOTICE of Appearance by Michael R. Gordon on behalf of American Refining Group Inc.'s (jco, )
December 2, 2004415Court Opinion or Order CASE MANAGEMENT ORDER #5; plaintiffs are in the process of serving amended complaints adding new dfts on both the previously-named dfts and new dfts. To avoid a multiplicity of responsive pleadings on varying deadlines, the schedule must be amended to allow new defendants to "catch up" and coordinate with the other parties. The amended schedule as set forth in this Order shall apply. (Signed by Judge Shira A. Scheindlin on 11/29/04) (pl, ) Modified on 12/7/2004 (pl, ).
December 3, 2004437ACKNOWLEDGEMENT OF SERVICE of Revised Confidentiality Order on 09/23/04 to counsel for Koch Industries, Inc., (djc, )
December 3, 2004440ACKNOWLEDGEMENT OF SERVICE of Revised Confidentiality Order on 11/23/2004. Document filed by Lassus Bros. Oil, Inc. (kkc, )
December 6, 2004 Received returned mail re: 386 Notice of Interlocutory Appeal. Mail was addressed to CT Corporation System, Service Agent for Lyondell-Citgo Refining, L.P. at 811 Dallas Avenue, Houston, TX 77002 and was returned for the following reason(s): Not Deliverable As Addressed. Unable To Forward. (tp, )
December 6, 2004438NOTICE of Appearance by Michael Rosini Galligan on behalf of Plaacid REfining Company, LLC (djc, )
December 6, 2004439RULE 7.1 DISCLOSURE STATEMENT. Document filed by Plaacid REfining Company, LLC.(djc, )
December 6, 2004441CERTIFICATE OF SERVICE of Notice of Appearance, Corporate Disclosure Statement, Acknowledgement of Revised Confidentiality Order served on all counsel of record on 12/6/2004. Service was made by Lexis Nexis. Document filed by Plaacid REfining Company, LLC. (kkc, )
December 6, 2004442ACKNOWLEDGEMENT OF SERVICE of Revised Confidentiality Order served on Placid Refining Company, LLC on 12/6/2004. Document filed by Placid Refining Company, LLC. (kkc, )
December 7, 2004416Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 386 Notice of Interlocutory Appeal, filed by The State of New Hampshire, 385 Notice of Interlocutory Appeal, filed by The People of the State of California USCA Case Number 04-5974-cv; 04-6056-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, )
December 8, 2004425WAIVER OF SERVICE RETURNED EXECUTED Document filed by Melanie J. Arcure, California-American Water Company, Citrus Heights Water District, City of Sacramento, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Steven C. Greene, Robert O'Brien, Rio Linda Elverta Community Water District, Sacramento County Water Agency, Sacramento Goundwater Authority, Sacramento Suburban Water District, San Juan Water District, The People of the State of California. BP West Coast LLC waiver sent on 11/30/2004, answer due 1/29/2005. (jco, )
December 9, 2004433NOTICE of Appearance by Brent H. Allen, Mindy Davis on behalf of United Refining Company (db, )
December 9, 2004434NOTICE of Appearance of Howrey, Simon, Arnold & White, LLP on behalf of the "El Paso" defendants, and the "Coastal" defendants. (db, )
December 9, 2004435NOTICE of Appearance by Brent H. Allen, Mindy Davis on behalf of Amerada Hess Corporation (db, )
December 10, 2004424ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Scott Pasternack dated 12/5/04 re: counsel for dfts requests leave to file its second amended complaint. The City of New York's request is hereby granted. The City may file its second amended complaint to add and remove certain defendants. (Signed by Judge Shira A. Scheindlin on 12/9/04) (dle, )
December 13, 2004436MEMORANDUM OF LAW in Opposition to plaintiffs' motions for certification pursuant to 28 USC 1292(b). Document filed by Citgo Refining and Chemicals Company L.P., Citgo Petroleum Corporation. (db, )
December 21, 2004444Notice of Appearance: of attorneys Joseph Kearfott, George P. Sibley, Stuart A. Raphael and Carolyn Dubay on behalf of dfts Koch Industries, Inc., Flint Hills Resources LP and FHR/GP, LLC n those case in which they have been named as dfts.(dle, )
December 22, 2004443ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Peter J. Sacripanti dated 12/17/04 re: Defendants respectfully request that this Court adopt the following schedule for briefing of the remaining disputed items concerning the Preservation Order: Parties to file Proposed Order and letter briefs 12/30/04; Parties file responses 1/7/05; Parties file reply papaers 1/10/05. Defendants' request is hereby granted. The parties shall file their proposed Document Preservation Order and letter briefs by 12/30/04. The parties shall file their responses by 1/7/05 and their replies by 1/10/05. Replies due by 1/10/2005. Responses due by 1/7/2005 (Signed by Judge Shira A. Scheindlin on 12/20/04) (dfe, )
December 27, 2004446Court Opinion or Order ORDER. The State of New Hampshire's request for a stay of substantive motion practice in City of Dover v. Amerada Hess Corp., et al., No. 04cv2067, and City of Portsmouth v. Amerada Hess Corp., No. 04cv2066, is hereby denied (Signed by Judge Shira A. Scheindlin on 12/22/04) (yv, )
December 28, 2004445ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Steven J. German dated 11/29/04 re: The parties' request is hereby granted. The deadline to submit a joint proposed Document Preservation Order is extended from 12/1/04 to 12/21/04. (Signed by Judge Shira A. Scheindlin on 11/30/04) (kw, )
December 29, 2004447NOTICE of Appearance by James D. Payne on behalf of Frontier El Dorado Refining Company (yv, )
January 6, 2005449Court Opinion or Order OPINION AND ORDER #91094: the plaintiffs' request for certification to pursue interlocutory appeal is denied. The Clerk of the Court is directed to close this motion. A conference is scheduled for 1/13/05 at 2:00 p.m. (Signed by Judge Shira A. Scheindlin on 1/6/05) Copies Mailed By Chambers.(kw, )
January 7, 2005450RULE 7.1 DISCLOSURE STATEMENT filed by PDV Midwest Refining, L.L.C. (db, )
January 7, 2005451RULE 7.1 DISCLOSURE STATEMENT. Document filed by Citgo Petroleum Corporation.(db, )
January 7, 2005452RULE 7.1 DISCLOSURE STATEMENT. Document filed by Citgo Refining and Chemicals Company L.P.(db, )
January 7, 2005453NOTICE of Appearance of Eimer Stahl Klevorn & Solberg LLP on behalf of defendant PDV Midwest Refining, L.L.C. (db, )
January 7, 2005454NOTICE of Appearance by Nathan P. Eimer, Pamela R. Hanebutt, Lisa S. Meyer on behalf of Citgo Refining and Chemicals Company L.P. (db, )
January 7, 2005455NOTICE of Appearance by Nathan P. Eimer, Pamela R. Hanebutt, Lisa S. Meyer on behalf of Citgo Petroleum Corporation. (db, )
January 18, 2005456Court Opinion or Order OPINION AND ORDER #91126 re: 309 ; 310 ; 267 ; 277 ; 269 ; 270 and 271 . Plaintiffs have shown that Lyondell has sufficient contacts with each of the forum states to support the exercise of personal jurisdiction. Accordingly, Lyondell's motions to dismiss the Florida, Indiana, Iowa, Kansas, Massachusetts, Vermont and West Virginia Complaints pursuant to Rule 12(b)(2) are denied. The Clerk of the Court is directed to close these motions. A conference is scheduled for 2/24/05 at 10:00 a.m.. (Signed by Judge Shira A. Scheindlin on 1/18/05) (sac, )
January 18, 2005457Court Opinion or Order STIPULATION AND ORDER SUBSTITUTING COUNSEL OF RECORD FOR DEFENDANT GETTY PETROLEUM MARKETING, INC. Pursuant to Local Civil Rule 1.4 of the Court Rules of the Southern District of New York, defendant Getty Petroleum Marketing, Inc. substitutes the law firm of Bleakley Platt & Schmidt, LLP, in place of Cullen and Dykman Bleakley Platt LLP, as its counsel and attorneys of record in this matter, effective 1/1/05 (Signed by Judge Shira A. Scheindlin on 1/13/05) (yv, )
January 18, 2005458Court Opinion or Order CASE MANAGEMENT ORDER #6 (this document relates to all cases). All case management orders requiring the production of documents or other information, previously made by the Court, shall remain in full force and effect. A copy of this Order shall be filed in each case listed in Appendix A of Case Management Order #4. This Court issued CMO #4 on 10/19/04, to govern the course of discovery in this multi-district litigation. The Court referred 5 discovery disputes to the Special Master, which he resolved on 11/12/04, through Pre-Trial Order #2. Since that time, the parties have asked the Court to amend CMO #4 to incorporate certain agreed upon language and the findings of the Special Master. There is no reason to deny the request. Accordingly, CMO #4 is modified to the extent as further set forth in this Order. Case Management Order #5 requires newly added defendants to file Rule 12 motions or other responsive pleadings by 1/18/05. However, that date does not give the parties enough time to meet and confer regarding potential Rule 12(b)(2) motions. Previous discussions between plaintiffs and the original defendants resulted in a number of voluntary dismissals. Because discussions could result in additional dismissals and avoid some motion practice, CMO #5 is modified to the extent as further set forth in this Order. The limits set forth in Rules 30 and 33 of the FRCP shall not apply in this MDL. Any disputes regarding the number of interrogatories or the number of depositions shall be decided on a case by case basis by the Special Master. Defendants may respond to the common allegations of the complaints in a Master Answer in accordance with Section 40.52(6)(b) of the Manual for Complex Litigation. However, they must also address case specific allegations to the extent they exist. Newly added defendants that intend to join in the filing of a Master Answer are not bound by the previously set deadline for responsive pleadings. The Master Answer is due 30 days after the Court's ruling on the pending 12(b)(6) motions to dismiss. Defendants are not precluded from arguing, at the appropriate time, both prongs of their conflict preemption defense. The parties are permitted to take discovery regarding the quantity of oxygenates available to implement the Reformulated Gasoline Program. This discovery is aimed at preparing defendants' potential motion for summary judgment based on the impossibility of complying with both state and federal requirements. At this time, they are not permitted to take discovery regarding frustration of purpose. To the extent there are no genuine issues of material fact, defendants may bring a summary judgment motion based on the impossibility prong of conflict preemption. They may argue frustration of purpose only to the extent it is based on the same factual predicate as the impossibility argument. The parties shall meet and confer regarding the preservation of "current" back-up tapes. They should use Section A of the Court's proposed Document Retention Questionnaire as a starting point for discussions. Defendants shall submit responses to Sections B and C of the Questionnaire to the Court and plaintiffs by 2/3/05 (Signed by Judge Shira A. Scheindlin on 1/14/05) (yv, )
January 18, 2005459MOTION (FILED ON SERVICE DATE) (This document relates to 04cv5424)for an order dismissing this matter pursuant to Rule 12(b)(6) of the FRCP. Document filed by Amerada Hess Corporation, BP Amoco Corporation, Unocal Corporation, Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., American Refining Group Inc.'s, Citgo Refining and Chemicals Company L.P., Plaacid REfining Company, LLC. (dle, ) Modified on 1/24/2005 (dle, ).
January 18, 2005461NOTICE of Voluntary Dismissal of defendant Sinclair Oil Corp., without prejudice and with each party bearing its own costs, pursuant to Rule 41(a)(1) of the F.R.C.P. (Signed by Judge Shira A. Scheindlin on 1/13/05) (jf, )
January 18, 2005462MOTION (FILED ON SERVICE DATE) for an order dismissing all counts and the "alternative liability" allegations of this matter pursuant to Rule 12(b)(6) of the FRCP. This document relates to 04cv6993. Document filed by Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Does 1 through 100, Texaco Inc., Atlantic Richfield Company, United Refining Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Corporation North America Inc., BP Amoco Corporation, Frontier El Dorado Refining Company, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Tesoro Refining and Marketing Company, Inc., Texaco Refining and Marketing, Inc., Ultramar, Inc., Unocal Corporation, Lyondell Chemical Company, Circle K Stores, Inc., 7-Eleven, Inc., Bains Brothers, LLC, Sartaj Bains, Digol's Gas, Ghulam Fareed, Mohammed Faruk, Ferg's Market, Fuel Stop, Full Stop Mini Market, Gold Star Gas/Food, Elias Jbeily, Julius Juhasz, Klara Juhasz, Edward Marrach, Safdar Naiz, New West petroleum, New West Stations, Inc., Sajda Perveen, Petro Star, R&B Stations, Inc., Abdul Rauf, Mohammad Shamshad, Speed Bird, Inc., Super Star Plus Corporation, Lo J. Yang, Does 26-1000, La Gloria Oil and Gas Company, BP West Coast LLC, Giant Yorktown, Inc., American Refining Group Inc.'s, Plaacid REfining Company, LLC, Lassus Bros. Oil, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation. (dle, )
January 18, 2005488NOTICE of Appearance by Robert W. Bollar on behalf of Southern Countries Oil Co. (jco, )
January 18, 2005501MOTION (FILED ON SERVICE DATE) to Dismiss and to strike California complaints and amended complaints pursuant to F.R.C.P. 12(b)(6) and 12(f) and for a more definite statement pursuant to F.R.C.P. 12(e). Document filed by ConocoPhillips Company. (jco, )
January 19, 2005460MEMORANDUM OF LAW in Support re: 459 MOTION (FILED ON SERVICE DATE) to Dismiss.. (dle, )
January 19, 2005463MEMORANDUM OF LAW in support of dfts' motion to dismiss the Pennsylvania Complaint pursuant to FRCP 12(b)(6). Document filed by Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Does 1 through 100, Texaco Inc., Atlantic Richfield Company, United Refining Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Corporation North America Inc., BP Amoco Corporation, Frontier El Dorado Refining Company, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Tesoro Refining and Marketing Company, Inc., Texaco Refining and Marketing, Inc., Ultramar, Inc., Unocal Corporation, Lyondell Chemical Company, Circle K Stores, Inc., 7-Eleven, Inc., Bains Brothers, LLC, Sartaj Bains, Digol's Gas, Ghulam Fareed, Mohammed Faruk, Ferg's Market, Fuel Stop, Full Stop Mini Market, Gold Star Gas/Food, Elias Jbeily, Julius Juhasz, Klara Juhasz, Edward Marrach, Safdar Naiz, New West petroleum, New West Stations, Inc., Sajda Perveen, Petro Star, R&B Stations, Inc., Abdul Rauf, Mohammad Shamshad, Speed Bird, Inc., Super Star Plus Corporation, Lo J. Yang, Does 26-1000, Ashland Inc., La Gloria Oil and Gas Company, BP West Coast LLC, Giant Yorktown, Inc., American Refining Group Inc.'s, Plaacid REfining Company, LLC, Lassus Bros. Oil, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation. (dle, )
January 19, 2005464JOINDER of certain dfts in the motion to dismiss the Vermont complaints pursuant to FRCP 12(b)(6). This document relates to 04cv3419 and 04cv2072. Document filed by Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Does 1 through 100, Texaco Inc., Atlantic Richfield Company, United Refining Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Corporation North America Inc., BP Amoco Corporation, Frontier El Dorado Refining Company, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Tesoro Refining and Marketing Company, Inc., Texaco Refining and Marketing, Inc., Ultramar, Inc., Unocal Corporation, Lyondell Chemical Company, Circle K Stores, Inc., 7-Eleven, Inc., Bains Brothers, LLC, Sartaj Bains, Digol's Gas, Ghulam Fareed, Mohammed Faruk, Ferg's Market, Fuel Stop, Full Stop Mini Market, Gold Star Gas/Food, Elias Jbeily, Julius Juhasz, Klara Juhasz, Edward Marrach, Safdar Naiz, New West petroleum, New West Stations, Inc., Sajda Perveen, Petro Star, R&B Stations, Inc., Abdul Rauf, Mohammad Shamshad, Speed Bird, Inc., Super Star Plus Corporation, Lo J. Yang, Does 26-1000, Ashland Inc., La Gloria Oil and Gas Company, BP West Coast LLC, Giant Yorktown, Inc., American Refining Group Inc.'s, Plaacid REfining Company, LLC, Lassus Bros. Oil, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.(dle, ) Modified on 1/26/2005 (dle, ).
January 19, 2005465Joinder of Certain dfts in the motion to dismiss the Virginia Complaintf pursuant to FRCP 12(b)(6). This document relates to 04cv3418 and 04cv2070. Document filed by Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Does 1 through 100, Texaco Inc., Atlantic Richfield Company, United Refining Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Corporation North America Inc., BP Amoco Corporation, Frontier El Dorado Refining Company, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Tesoro Refining and Marketing Company, Inc., Texaco Refining and Marketing, Inc., Ultramar, Inc., Unocal Corporation, Lyondell Chemical Company, Circle K Stores, Inc., 7-Eleven, Inc., Bains Brothers, LLC, Sartaj Bains, Digol's Gas, Ghulam Fareed, Mohammed Faruk, Ferg's Market, Fuel Stop, Full Stop Mini Market, Gold Star Gas/Food, Elias Jbeily, Julius Juhasz, Klara Juhasz, Edward Marrach, Safdar Naiz, New West petroleum, New West Stations, Inc., Sajda Perveen, Petro Star, R&B Stations, Inc., Abdul Rauf, Mohammad Shamshad, Speed Bird, Inc., Super Star Plus Corporation, Lo J. Yang, Does 26-1000, Ashland Inc., BP West Coast LLC, Giant Yorktown, Inc., American Refining Group Inc.'s, Plaacid REfining Company, LLC, Lassus Bros. Oil, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.(dle, )
January 19, 2005466Joinder of Certain dfts in the motion to dismiss the West Virginia complaints pursuant to FRCP 12 (b)(6). Document filed by Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., American Refining Group Inc.'s, Plaacid REfining Company, LLC.(dle, )
January 19, 2005467Joinder of certain dfts in the motin to dismiss the New Jersey complaint pursuant to FRCP 12(b)(6). This document relates to 04cv1726. Document filed by Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., American Refining Group Inc.'s, Plaacid REfining Company, LLC; Coastal Oil New England, Inc., Colorado Refining Co., Exxon Chemical U.S.A., PDV Midwest Refining LLC, Total Petrochemicals USA, Inc., TPI Petroleum, Inc., Valero Refining Company.(dle, )
January 19, 2005468Joinder of Certain dfts in the motion to dismiss the New Hampshire complaints pursuant to FRCP 12(b)(6). This document relates to 04cv2067 and 04cv2066. Document filed by Lyondell Chemical Company, Giant Yorktown, Inc., American Refining Group Inc.'s, Plaacid REfining Company, LLC, Coastal Oil New England, Inc., Colorado Refining Company, Giant Yorktown, Inc., Lyondell Chemical Company, PDV Midwest Refining, LLC, Placid Refining Company LLC, TMR Company, Total Petrochemicals USA, TPI Petroleum, Inc., Valero Refining Company.(dle, ) Modified on 1/26/2005 (dle, ).
January 19, 2005469Joinder of certain dfts in the motion to dismiss the Massachusetts complaints pursuant to FRCP 12(b)(6). This document relates to 04cv1725. Document filed by Lyondell Chemical Company, Giant Yorktown, Inc., American Refining Group Inc.'s, Plaacid REfining Company, LLC, Coastal Oil New England, Colorado Refining Co., Equistar Chemicals LP, Exxon Chemical U.S.A., Lyondell Chemical Company, Lyondell Petrochemical GP, Inc., Lyondell Citgo Refining LP, PDV Midwest Refining, LLC, TMR Company, Total Petrochemicals USA, Inc., TPI Petroleum, Valero Refining Company.(dle, )
January 19, 2005470Joinder of certain dfts in the motion to dismiss the Louisiana complaints pursuant to FRCP 12(b)(6). This document relates to 04cv3412, 04cv3413. Document filed by Lyondell Chemical Company, Ashland Inc., American Refining Group Inc.'s, Plaacid REfining Company, LLC, Colorado Refining Company, Equistar Chemicals LP, Exxon Chemical U.S.A., La Gloria Oil and Gas Company, Lyondell etrochemical GP, Lyondell Citgo Refining, LP, PDV Midwest Refining, LLC, Placid Refining Company LLC, TMR Company, TPI Petroleum, Inc..(dle, )
January 19, 2005471Joinder of certain dfts in the motion to dismiss the Kansas complaints pursuant to FRCP 12(b)(6). This document relates to 04cv2061, 04cv2062, 04cv2060, 04cv2059.Document filed by Tesoro Refining and Marketing Company, Inc., Lyondell Chemical Company, Ashland Inc., American Refining Group Inc.'s, Plaacid REfining Company, LLC, Colorado Refining Company, Equistar Chemicals LP, Exxon Chemicals LP, Exxon Chemical U.S.A., FHR GP/LLC, Flint Hills Resources, LP, Frontier Refining Inc., PDV Midwest Refining, LLC, TPI Petroleum, Inc., Valero Refining Company.(dle, )
January 19, 2005472Joinder of certain dfts in the motion to dismiss the Iowa Complaints pursuant to FRCP 12(b)(6). This document relates to 04cv1723.cument filed by Lyondell Chemical Company, Ashland Inc., American Refining Group Inc.'s, Plaacid REfining Company, LLC, Coastal Oil New England, Inc., Colorado Refining Company, FHR GP/LLC, Flint Hills Resources, LP, PDV Midwest Refining LLC, TMR Company, TPI Petroleum, Inc., Valero Refining Company.(dle, )
January 19, 2005473Joinder of certain dfts in the motion to dismiss the Indiana complaints pursuant to FRCP 12(b)(6). This document relates to 04cv2055, 04cv1724, 04cv2057, 04cv2056, 04cv4990.Document filed by Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., American Refining Group Inc.'s, Plaacid REfining Company, LLC.(dle, )
January 19, 2005475Joinder of Certain dfts in the motion to dismiss the Illinois complaints pursuant to FRCP 12(b)(6). Document filed by Lyondell Chemical Company, Ashland Inc., La Gloria Oil and Gas Company, Giant Yorktown, Inc., American Refining Group Inc.'s.(dle, )
January 19, 2005476Joinder of certain dfts in the motion to dismiss the Florida complaints pursuant to FRCP 12(b)(6). Document filed by Lyondell Chemical Company, Ashland Inc., La Gloria Oil and Gas Company, American Refining Group Inc.'s, Plaacid REfining Company, LLC. This document relates to 04cv1722.(dle, )
January 19, 2005477Joinder of certain Exxonmobil entities to the notice of motion and motion to dismiss and to strike California complaints and amended complaints pursuant to FRCP 12(b)(6) and 12(f), and for a more definite statement pursuant to FRCP 12(e). Document filed by Exxon Mobil Corporation.(dle, )
January 19, 2005478Joinder of Certain dfts in the motion to dismiss the Connecticut complaints pursuant to FRCP 12(b)(6). Document filed by Lyondell Chemical Company, Giant Yorktown, Inc., American Refining Group Inc.'s, Plaacid REfining Company, LLC.(dle, )
January 19, 2005479RULE 7.1 DISCLOSURE STATEMENT. Document filed by Exxon Mobil Corporation.(dle, )
January 19, 2005480Joinder of certain dfts in the motion to dismiss the New York complaints pursuant to FRCP 12(b)(6). Document filed by American Refining Group, Inc., Ashland Inc., Coastal Oil New England, Inc., Colorado Refining Company, Duke Energy Marketing, California, Inc., Duke Energy Merchants, LLC, Duke Energy Trading and Marketing, LLC, Exxon Chemical U.S.A., Giant Yorktown, Inc., Lyondell Chimical Company, Marathon Ashland Petroleum LLC, Marathon Il Company, Northridge Petroleum Marketing U.S. Inc., PDV Midwest Refining, LLC, Placid Refining Company LLC, Shell Oil Products Company LLC, TMR Company, Total Petrochemicals USA, Inc., TPI Petroleum, Inc., TRMI Holdings, Inc., Valero Refining Company.(dle, )
January 19, 2005481NOTICE of Appearance by James Anthony Pardo, Stephen Joseph Riccardulli, Peter John Sacripanti on behalf of Exxon Mobil Corporation (dle, )
January 19, 2005505NOTICE of Appearance by Michael Robert Hepworth, David Peter Langlois on behalf of Vitol, S.A. (djc, )
January 19, 2005506NOTICE of Appearance by Michael Robert Hepworth, David Peter Langlois on behalf of North Atlantic Refinery (djc, )
January 25, 2005494REPLY in support of defendant's motion to dismiss for lack of personal jurisdiction under F.R.C.P. 12(B)(2) for cases filed in New Hampshire. Document filed by Lyondell Chemical Company. (jco, )
January 25, 2005502MEMORANDUM OF LAW in Support re: 501 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by ConocoPhillips Company. (jco, )
January 25, 2005503Request for judicial notice in support of defendants' motion to dimiss and to strike California complaint and amended complaints pursuant to F.R.C.P. 12(b)(6) and 12(f), and for a more definite statement pursuant to F.R.C.P. 12(e). Document filed by ConocoPhillips Company. (jco, )
January 25, 2005504DECLARATION of Jon D. Anderson in Support re: 501 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by ConocoPhillips Company. (jco, )
January 27, 2005474TRANSCRIPT of proceedings held on 1/13/05, 2:00pm. before the Hon. Shira A. Scheindlin (rjm, )
January 27, 2005496AMICUS CURIAE State of New Hampshire's memorandum of law re: defendants' motion to dimiss certain New Hampshire Complaints pursuant to F.R.C.P. 12(b)(6). (jco, )
January 30, 2005493Acknowledgment by Defendant Petroleum Products, Inc. of Revised Confidentiality Order filed. (dcr, )
January 31, 2005485Pre-Trial Order #4. Document filed by Kenneth E. Warner. (kw, )
January 31, 2005486MOTION (FILED ON SERVICE DATE) to Dismiss or for a more definite statement pursuant to FRCP 12. Document filed by 7-Eleven, Inc. (kw, )
February 1, 2005489AFFIDAVIT OF SERVICE of First Amended Complaint; Orders dated 12/23/03, 5/17 & 25, 6/18, 7/15 & 27, 8/16, 9/9, 10/4, 18, 26 & 28, 2004; Transfer Order dated 6/16/04; Opinion and Order(s) dated 3/16, 7/13, 9/3, 10/19, 11/3/04; Case Management Order dated 4/1/04; Case Management Order No. 2 dated 7/27/04; Case Management Order No. 3 dated 7/29/04; Case Management Order No. 4 dated 10/19/04; Case Management Order No. 5 dated 11/29/04 (sic); Pre-Trial Order No. 2 dated 11/12/04; Revised Confidentiality Order dated 11/12/04; Revised Confidentiality Order dated 9/23/04; and Order and Stipulation re LexisNexis File & Serve dated 9/21/04. Valero Marketing and Supply Company c/o C.T. Corporation, Registered Agent served on 12/27/2004, answer due 1/18/2005. Service was accepted by Paula Kash, Process Specialist. (ae, )
February 1, 2005490AFFIDAVIT OF SERVICE of First Amended Complaint; Orders dated 12/23/03, 5/17 & 25, 6/18, 7/15 & 27, 8/16, 9/9, 10/4, 18, 26 & 28, 2004; Transfer Order dated 6/16/04; Opinion and Order(s) dated 3/16, 7/13, 9/3, 10/19, 11/3/04; Case Management Order dated 4/1/04; Case Management Order No. 2 dated 7/27/04; Case Management Order No. 3 dated 7/29/04; Case Management Order No. 4 dated 10/19/04; Case Management Order No. 5 dated 11/29/04 (sic); Pre-Trial Order No. 2 dated 11/12/04; Revised Confidentiality Order dated 11/12/04; Revised Confidentiality Order dated 9/23/04; and Order and Stipulation re LexisNexis File & Serve dated 9/21/04 as to Tesoro Petroleum Corporation c/o C.T. Corporation, Registered Agent, served on 12/27/2004, answer due 1/18/2005. Service was accepted by Paula Kash, Process Specialist. (ae, )
February 1, 2005491AFFIDAVIT OF SERVICE of First Amended Complaint; Orders dated 12/23/03, 5/17 & 25, 6/18, 7/15 & 27, 8/16, 9/9, 10/4, 18, 26 & 28, 2004; Transfer Order dated 6/16/04; Opinion and Order(s) dated 3/16, 7/13, 9/3, 10/19, 11/3/04; Case Management Order dated 4/1/04; Case Management Order No. 2 dated 7/27/04; Case Management Order No. 3 dated 7/29/04; Case Management Order No. 4 dated 10/19/04; Case Management Order No. 5 dated 11/29/04 (sic); Pre-Trial Order No. 2 dated 11/12/04; Revised Confidentiality Order dated 11/12/04; Revised Confidentiality Order dated 9/23/04; and Order and Stipulation re LexisNexis File & Serve dated 9/21/04. Citgo Petroleum Corporation c/o C.T. Corporation, Registered Agent served on 12/27/2004, answer due 1/18/2005. Service was accepted by Paula Kash, Process Specialist. (ae, )
February 1, 2005492AFFIDAVIT OF SERVICE of First Amended Complaint; Orders dated 12/23/03, 5/17 & 25, 6/18, 7/15 & 27, 8/16, 9/9, 10/4, 18, 26 & 28, 2004; Transfer Order dated 6/16/04; Opinion and Order(s) dated 3/16, 7/13, 9/3, 10/19, 11/3/04; Case Management Order dated 4/1/04; Case Management Order No. 2 dated 7/27/04; Case Management Order No. 3 dated 7/29/04; Case Management Order No. 4 dated 10/19/04; Case Management Order No. 5 dated 11/29/04 (sic); Pre-Trial Order No. 2 dated 11/12/04; Revised Confidentiality Order dated 11/12/04; Revised Confidentiality Order dated 9/23/04; and Order and Stipulation re LexisNexis File & Serve dated 9/21/04. Tesoro Refining and Marketing Company, Inc. served on 1/6/2005, answer due 1/26/2005. Service was accepted by Gladys Aguilera, authorized to accept service of process. (ae, )
February 2, 2005487MEMORANDUM OF LAW in Support of re: 486 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by 7-Eleven, Inc. (kw, )
February 2, 2005495MOTION (FILED ON SERVICE DATE) to Dismiss or strike portions of the second amended complaint pursuant to F.R.C.P. 12(b)(6) and 12(f). Document filed by Atlantic Richfield Company, Chevron U.S.A., Inc., BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Tesoro Refining and Marketing Company, Inc., Texaco Refining and Marketing, Inc., Unocal Corporation, Lyondell Chemical Company, 7-Eleven, Inc., BP West Coast LLC, Tesoro Petroleum Corporation., Citgo Petroleum Corporation, Mobil Oil Corporation. (jco, )
February 2, 2005497DECLARATION of James A. Pardo in Support re: 495 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Mobil Corporation. (jco, )
February 2, 2005498MEMORANDUM OF LAW in Support re: 495 MOTION (FILED ON SERVICE DATE) to Dismiss. (jco, )
February 2, 2005499REPLY MEMORANDUM OF LAW in Support re: 495 MOTION (FILED ON SERVICE DATE) to Dismiss. (jco, )
February 2, 2005500Request for Judicial notice in support of defendants' motion to dismiss or strike portions of the second amdned complaint pursuant to F.R.C.P. 12(b)(6) and 12(f). (jco, )
February 3, 2005507MOTION (FILED ON SERVICE DATE) to Substitute Attorney. Old Attorney: Lynn Wright, Esq. and the law firm of Edwards & Angell LLP, and Michael T. Zarro, Es. and the law firm of Morgan, Lewis & Bockius, New Attorney: Mindy G. Davis of the law firm of Howrey Simon Arnold & White, LLP., MOTION (FILED ON SERVICE DATE) for Lynn Wright, Esq. and the law firm of Edwards & Angell LLP, and Michael T. Zarro, Es. and the law firm of Morgan, Lewis & Bockius to Withdraw as Attorney. Document filed by Union Oil Company of California, Unocal Corporation, (ae, )
February 4, 2005482NOTICE of Appearance by Lisa Kim Axelrod on behalf of Dupre Transport, LLC (Axelrod, Lisa)
February 4, 2005483MOTION to Dismiss. Document filed by Dupre Transport, LLC. (Axelrod, Lisa)
February 4, 2005561SUMMONS TO THIRD AMENDED COMPLAINT AND PROOF OF SERVICE ON DEFENDANTS as to BP West Coast Products, LLC.; Citgo Refining and Chemical Company, L.P. (Doe 27); El Paso Merchant Energy-Petroleum Company; Equistar Chemicals, LP; Kern Oil and Refining Company; Lyondell Petrochemicals GP, Inc.; Shell Oil Products Company; Shell Oil Products Company LLC; Tesoro Petroleum Corporation; Valero Marketing and Supply Company; and, Valero Refining Company-California. (See Document for dates of service and person(s) served)... This Document Relates to: 04cv4972. (sac, )
February 5, 2005484TRANSCRIPT of proceedings held on 12/22/04 before Judge Shira A. Scheindlin. (kj, )
February 14, 2005509JOINDER of Dupre Transport, LLC. in the motion to dismiss the Louisiana complaints pursuant to FRCP 12(b)(6). This document relates to 04cv3412, 04cv3413. Document filed by Dupre Transport, LLC.(pl, )
February 16, 2005508Court Opinion or Order ORDER: plaintiff's are to file a sur-reply briefin response to the 1/25/05 reply brief not to exceed ten (10) pages by 2/28/05. (Signed by Judge Shira A. Scheindlin on 2/15/05) (db, )
February 16, 2005510Court Opinion or Order ORDER: plaintiff's sur-reply as further set forth in said Order may not exceed ten (10) pages in length and is due on 2/28/05. (Signed by Judge Shira A. Scheindlin on 2/15/05) (db, )
February 18, 2005512MOTION (FILED ON SERVICE DATE) pursuant to FRCP 12(b)(2) Dismissing these cases against it for Lack of personal Jurisdiction. Document filed by Flint Hills Resources, LP. (yv, )
February 18, 2005513MEMORANDUM OF LAW in Support re: 512 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. Document filed by Flint Hills Resources, LP. (yv, )
February 18, 2005514Supplemental Statement of Defendant Flint Hills Resources, LP, in Support of Motion to Dismiss for Lack of Personal Jurisdiction. Document filed by Flint Hills Resources, LP. (yv, )
February 18, 2005524MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar for lack of personal jurisdiction for cases filed in New York. Document filed by Equistar Chemicals, LP.Received in the night deposit box on 2/18/05 at 7:21 p.m.. (sac, )
February 18, 2005525MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar for lack of personal jurisdiction for cases filed in Virginia. Document filed by Equistar Chemicals, LP.Received in the night deposit box on 2/18/05 at 7:21 p.m.. (sac, )
February 18, 2005526MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in Massachusetts. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:22 p.m.. (sac, )
February 18, 2005527MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in Connecticut. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:24 p.m.. (sac, )
February 18, 2005528MEMORANDUM OF LAW in Support re: 524 MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar for lack of personal jurisdiction for cases filed in New York. Document filed by Equistar Chemicals, LP.Received in the night deposit box on 2/18/05 at 7:21 p.m.. (sac, )
February 18, 2005529MEMORANDUM OF LAW in Support re: 525 MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar for lack of personal jurisdiction for cases filed in Virginia. Document filed by Equistar Chemicals, LP.Received in the night deposit box on 2/18/05 at 7:21 p.m.. (sac, )
February 18, 2005530MEMORANDUM OF LAW in Support re: 526 MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in Massachusetts. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:22 p.m.. (sac, )
February 18, 2005531MEMORANDUM OF LAW in Support re: 527 MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in Connecticut. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:24 p.m..(sac, )
February 18, 2005532MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in New Hampshire. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:23 p.m.. (sac, )
February 18, 2005533MEMORANDUM OF LAW in Support re: 532 MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in New Hampshire. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:23 p.m.. (sac, )
February 18, 2005535MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in Vermont. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:22 p.m..(sac, )
February 18, 2005536MEMORANDUM OF LAW in Support re: 535 MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in Vermont. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:22 p.m.. (sac, )
February 18, 2005537MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in West Virginia. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:23 p.m..(sac, )
February 18, 2005541BRIEF in Support re: 537 MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in West Virginia. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:23 p.m.. (sac, )
February 18, 2005542MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in Indiana. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:25 p.m.. (sac, )
February 18, 2005544BRIEF in Support re: 542 MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in Indiana. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:25 p.m.. (sac, )
February 18, 2005546MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in Kansas. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:24 p.m..(sac, )
February 18, 2005547BRIEF in Support re: 546 MOTION (FILED ON SERVICE DATE) for an order, dismissing this action against Equistar Chemicals, LP for lack of personal jurisdiction for cases filed in Kansas. Document filed by Equistar Chemicals, LP. Received in the night deposit box on 2/18/05 at 7:24 p.m.. (sac, )
February 18, 2005567REPLY MEMORANDUM OF LAW in Support re: 524 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction (NY). Document filed by Equistar Chemicals, LP. (cd, )
February 18, 2005568REPLY MEMORANDUM OF LAW in Support re: 537 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction (W.Va.). Document filed by Equistar Chemicals, LP. (cd, )
February 18, 2005569REPLY MEMORANDUM OF LAW in Support re: 535 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction (Vt). Document filed by Equistar Chemicals, LP. (cd, )
February 18, 2005570REPLY MEMORANDUM OF LAW in Support re: 525 MOTION (FILED ON SERVICE DATE) to Dismiss (Vt). Document filed by Equistar Chemicals, LP. (cd, )
February 18, 2005571REPLY MEMORANDUM OF LAW in Support re: 532 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction (NH). Document filed by Equistar Chemicals, LP. (cd, )
February 18, 2005576MEMORANDUM OF LAW in Opposition to defts' Motion to Dismiss the Pennsylvania complaint. filed by Plaintiffs. (cd, )
February 18, 2005593MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction for cases fld in Massachusetts. Document filed by Equistar Chemicals, LP. (cd, )
February 18, 2005594MEMORANDUM OF LAW in Support re: 593 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction.. Document filed by Equistar Chemicals, LP. (cd, )
February 22, 2005511PRETRIAL ORDER #5 (Timing of Document Responses and Productions) by Kenneth E. Warner, Special Master. (kw, )
February 24, 2005515PRE-TRIAL ORDER #6 (Number of Interrogatories) filed by Kenneht E. Warner, Special Master. MDL No. 1358(SAS). (sac, )
March 7, 2005518REPLY MEMORANDUM OF LAW in Support re: 501 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Does 1 through 100, Texaco Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, Frontier El Dorado Refining Company, Fair Oaks Water District, Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Tesoro Refining and Marketing Company, Inc., Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Circle K Stores, Inc., Digol's Gas, Ghulam Fareed, Mohammed Faruk, Ferg's Market, Fuel Stop, Full Stop Mini Market, Gold Star Gas/Food, Elias Jbeily, Julius Juhasz, Klara Juhasz, Edward Marrach, Safdar Naiz, New West petroleum, New West Stations, Inc., Sajda Perveen, Petro Star, R&B Stations, Inc., Abdul Rauf, Mohammad Shamshad, Speed Bird, Inc., Super Star Plus Corporation, Does 26-1000, La Gloria Oil and Gas Company, Giant Yorktown, Inc., Plaacid REfining Company, LLC, Lassus Bros. Oil, Inc., Dupre Transport, LLC, Southern Countries Oil Co., Tesoro Petroleum Corporation., North Atlantic Refinery, Citgo Petroleum Corporation, Mobil Oil Corporation. (pl, )
March 7, 2005519REPLY MEMORANDUM OF LAW in Support of DFts' motion to dismiss the Third Amended Complaint. Document filed by Does 1 through 100, Atlantic Richfield Company, Chevron U.S.A., Inc., BP Corporation North America Inc., BP Amoco Corporation, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Circle K Stores, Inc., 7-Eleven, Inc., Bains Brothers, LLC, Sartaj Bains, Digol's Gas, Ghulam Fareed, Mohammed Faruk, Does 26-1000, Ashland Inc., BP West Coast LLC, American Refining Group Inc.'s, Dupre Transport, LLC, Citgo Petroleum Corporation. (pl, )
March 8, 2005516MEMORANDUM OF LAW in Opposition re: 495 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (jp, )
March 8, 2005517DECLARATION of Michael D. Axline in Opposition re: 495 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (jp, )
March 8, 2005520Court Opinion or Order CASE MANAGEMENT ORDER #7 (This document relates to ALL CASES); by 3/31/05, each deft, to the extent it is named as a deft in United Water New York, Inc. v. Amerada Hess Corp., et al, 04 cv 2389, shall provide a declaration purs. to the requirement set forth in CMO #4, Sec. III.B.2. (Signed by Judge Shira A. Scheindlin on 3/7/05) (sn)
March 9, 2005550PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE in support of Certain California Plaintiffs' Opposition to Defendants' Motion to dismiss and to strike California Complaints and Amended Complaints pursuant to Fed. R. Civ. P. 12(b)(6) and 12(f), and for a more definite statement pursuant to Fed. R. Civ. P. 12(e). (sac, )
March 9, 2005552SACRAMENTO PLAINTIFFS' separate opposition to Defendant 7-Eleven, Inc.'s Supplemental Motion to dismiss pursuant to Fed. R. Civ. P. 12. Document filed by Sacramento County Water Agency, Sacramento Goundwater Authority, Sacramento Suburban Water District. (sac, )
March 9, 2005553CERTAIN CALIFORNIA PLAINTIFFS' OBJECTION to Defendants' Request for Judicial Notice in support of Motion to dismiss and to strike California Complaint and Amended Complaints pursuant to Fed. R. Civ. P. 12(b)(6) and 12(f), and for a more definite statement pursuant to Fed. R. Civ. P. 12(e). (sac, )
March 9, 2005554CERTAIN CALIFORNIA PLAINTIFFS' OPPOSITION to Defendants' Motion to dismiss and to strike California Complaints and Amended Complaints pursuant to Fed. R. Civ. P. 12(b)(6) and 12(f), and for a more definite statement pursuant to Fed. R. Civ. P. 12(e). (sac, )
March 10, 2005521REPLY MEMORANDUM OF LAW in Support re: 501 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by ConocoPhillips Company. (This Document Relates to the California Cases as listed in this Reply Memorandum) (ae, )
March 10, 2005522DECLARATION of Jon D. Anderson in Support re: 521 Reply Memorandum of Law in Support of Motion to Dismiss and to Strike California Complaints and Amended Complaints purs. to FRCP 12(b)(6) and 12(f), and for a more definite statement purs. to FRCP 12(e). Document filed by ConocoPhillips Company. (ae, )
March 15, 2005523Court Opinion or Order ORDER; : re: Preservation of documents....; (Signed by Judge Shira A. Scheindlin on 3/15/05) (djc, )
March 18, 2005534RESPONSE to Motion re: 532 MOTION (FILED ON SERVICE DATE) to Dismiss the New Hampshire Cases for Lack of Jurisdiction. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (ps, )
March 18, 2005538RESPONSE to Motion re: 512 MOTION (FILED ON SERVICE DATE) to Dismiss the New Hampshire cases for Lack of Jurisdiction. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (ps, )
March 18, 2005539RESPONSE to Motion re: 535 MOTION (FILED ON SERVICE DATE) to Dismiss the Vermont cases for Lack of Jurisdiction. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (ps, )
March 18, 2005540RESPONSE to Motion re: 526 MOTION (FILED ON SERVICE DATE) to Dismiss the Massachusetts cases for Lack of Jurisdiction. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (ps, )
March 18, 2005543RESPONSE to Motion re: 537 MOTION (FILED ON SERVICE DATE) to Dismiss the West Virginia cases for Lack of Jurisdiction. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (ps, )
March 18, 2005545RESPONSE to Motion re: 525 MOTION (FILED ON SERVICE DATE) to Dismiss the Virginia cases for Lack of Jurisdiction. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (ps, )
March 18, 2005548RESPONSE to Motion re: 527 MOTION (FILED ON SERVICE DATE) to Dismiss the Connecticut cases for Lack of Jurisdiction. Document filed by Steven C. Greene, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, City of Sacramento. (ps, )
March 18, 2005549RESPONSE to Motion re: 542 MOTION (FILED ON SERVICE DATE) to Dismiss the Indiana cases for Lack of Jurisdiction. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (ps, )
March 18, 2005551RESPONSE to Motion re: 546 MOTION (FILED ON SERVICE DATE) to Dismiss the Kanses cases for Lack of Jurisdiction. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (ps, )
March 24, 2005557RESPONSE to Motion re: 317 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction the Massachusetts cases. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (ps, ) Modified on 3/31/2005 (ps, ).
March 24, 2005558RESPONSE to Motion re: 316 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction in the New Hampshire cases. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (ps, ) Modified on 3/31/2005 (ps, ).
March 24, 2005559RESPONSE to Motion re: 309 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction in the Florida cases. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (ps, )
March 24, 2005560RESPONSE to Motion re: MOTION to Dismiss for Lack of Jurisdiction in the Illinois cases. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (ps, )
March 24, 2005578RESPONSE to deft Lyondell-Citgo's motion to dismiss the Louisiana cases, fld by plaintiffs. (cd, )
March 24, 2005579RESPONSE to deft Lyondell-Citgo's motion to dismiss the Iowa cases. (cd, )
March 24, 2005580RESPONSE to deft Lyondell-Citgo's motion to dismiss the Kansas cases, fld by plaintiffs. (cd, )
March 24, 2005581RESPONSE to deft Lyondell-Citgo's motion to dismiss the W. Va cases, fld by plaintiffs. (cd, )
March 24, 2005582RESPONSE to deft Lyondell-Citgo's motion to dismiss the Connecticut cases, fld by plaintiffs. (cd, )
March 24, 2005583RESPONSE to deft Lyondell-Citgo's motion to dismiss the Indiana cases. (cd, )
March 24, 2005584RESPONSE to deft Lyondell-Citgo's motion to dismiss the NY cases. (cd, )
March 24, 2005585RESPONSE to deft Lyondell-Citgo's motion to dismiss the Pennsylvania cases. (cd, )
March 24, 2005586RESPONSE to deft Lyondell-Citgo's motion to dismiss the Va cases, fld by plaintiffs. (cd, )
March 24, 2005587RESPONSE to deft Lyondell-Citgo's motiont o dismiss the New Jersey cases, fld by plaintiffs. (cd, )
March 25, 2005555NOTICE of Appearance by James Anthony Pardo, Stephen Joseph Riccardulli, Peter John Sacripanti on behalf of Exxon Mobil Corporation (djc, )
March 25, 2005556RESPONSE to Defendant Lyondell-Citgo Refining LP's Rule 12(b)(2) Motion to Dismiss the Vermont Cases. Document filed by Steven C. Greene, Melanie J. Arcure, Robert O'Brien, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento. (djc, )
March 25, 2005562OPPOSITION/Objection to defendants' reaquest for Judicial Notice in Support of Defendants' Reply Memorandum in Support of Motion to Dismiss or Strike Portions of the Second Amended Complaint Prusuant to FRCP 12(b)(6) and 12(f). Document filed by Melanie J. Arcure, California-American Water Company. (djc, )
March 28, 2005577DECLARATION of Robert Bollar re Case Management Order #4. Document filed by Southern Countries Oil Co. (cd, )
March 31, 2005563Court Opinion or Order ORDER on Motion to Withdraw (unfiled) and for Substitution of Counsel for Deft 7-Eleven. Robert Doty and the law firm of Cox Castle & Nicholson LLP are permitted to withdraw as counsel for 7-Eleven and that Michael A. Walsh and the firm of Strasburger & Price LLP are herby substituted as counsel for deft 7-Eleven. (Signed by Judge Shira A. Scheindlin on 3/31/05) (cd, )
April 4, 2005572REPLY MEMORANDUM OF LAW in Support re: 546 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction (Ct). Document filed by Equistar Chemicals, LP. (cd, )
April 4, 2005573REPLY MEMORANDUM OF LAW in Support re: 546 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction (Ks). Document filed by Equistar Chemicals, LP. (cd, )
April 4, 2005574REPLY MEMORANDUM OF LAW in Support re: 542 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction (Indiana). Document filed by Equistar Chemicals, LP. (cd, )
April 4, 2005595REPLY MEMORANDUM OF LAW in Support re: 593 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction.. Document filed by Equistar Chemicals, LP. (cd, )
April 5, 2005565RESPONSE to Defendant Lyondell-Citgo Refining LP's Rule 12(b)(2) Motion to Dismiss The Vermont Cases. Document filed by All Plaintiffs. (ae, )
April 6, 2005564Court Opinion or Order ORDER; re: grants 546 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. filed by Equistar Chemicals, LP, (Signed by Judge Shira A. Scheindlin on 4/4/05) (pl, ) Modified on 4/8/2005 (pl, ).
April 8, 2005566REPLY in support of defendants' request for judicial notice in support of defendants' reply memorandum in support of motion to dismiss or strike portions of the second amended complaint pursuant to F.R.C.P. 12(b)(6) and 12(F). (jco, )
April 18, 2005575REPLY MEMORANDUM OF LAW in Support re: 512 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. Document filed by Flint Hills Resources, LP. (cd, )
April 19, 2005588CASE MANAGEMENT PLAN #8: this order supersedes secs II.B and II.C of the case management order dated 4/1/05: all orders, pleadings, motions, and other documents shall bear a caption similar to that of this order, including the master file number (1:00-1898), MDL number (1358) and MDL docket number (M21-88), as further set forth in this document. The Clerk shall file and docket all original documents under Master File 00-1898. For documents related to "all cases," the Clerk shall file and docket copies under M21-88, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 4/18/05) (cd, )
April 20, 2005591Court Opinion or Order OPINION & ORDER #91505 that defts' motions to dismiss the complaint fld in Florida, Kansas, Massachusetts, New York, Pennsylvania, Vermont, Virginia, and West Virginia are denied in their entirety. Defts' motions to dismiss the complaints fld in Connecticut, Illinois, Indiana, Iowa, Louisiana, New Hampshire, and New Jersey are granted in part and denied in part, as further set forth in this document. The Clerk of the Court is directed to close these motions. (Signed by Judge Shira A. Scheindlin on 4/20/05) copies sent by chambers.(cd, ) Modified on 4/26/2005 (rag, ). (this document was also docketed on 4/21/05 and given document # 589)
April 21, 2005590MEMO ENDORSEMENT on Notice of Withdrawal of Pillsbury Withrop LLP as Counsel to Citgo Petroleum. Citgo will continue to be represented by its counsel of record Elmer Stahl Klevorn & Stolberg LLP, so ordered (Signed by Judge Shira A. Scheindlin on 4/20/05) (cd, )
April 21, 2005596Court Opinion or Order ORDER re 4/20/05 opinion, defts are ordered to file, by 5/6/05, a list of defts that were members of the API, OFA, and MTBE Committee, respectively, during the period from 1/1/80, to the date of the first filing in the above captioned cases. (Signed by Judge Shira A. Scheindlin on 4/20/05) (cd, )
April 21, 2005597NOTICE of Appearance by James C. Macdonald, Thomas J. Bois on behalf of Petro-Diamond, Inc. (cd, )
April 21, 2005599Conditional Transfer Order (CTO-12) re 05-4018, signed by Michael J. Beck, Clerk of the Panel. (cd, )
April 21, 2005589Court Opinion or Order OPINION AND ORDER # 91505: for reasons further set forth in said Order, defendants motions to dismiss complaints filed in Florida, Kansas, Massachussetts, New York, Pennsylvania, Vermont, West Virginia are DENIED in their entirety. Defendants motions to dismiss complaints filed in Connecticut, Illinois, Indiana, Iowa, Louisiana, New Hampshire and New Jersey are GRANTED IN PART AND DENIED IN PART. The Clerk of the Court is directed to close these motions: 459 MOTION (FILED ON SERVICE DATE) to Dismiss. filed by Amerada Hess Corporation,, Unocal Corporation,, Ashland Inc.,, BP Amoco Corporation,, Lyondell Chemical Company,, Citgo Refining and Chemicals Company L.P.,, Giant Yorktown, Inc.,, American Refining Group Inc.'s,, Plaacid REfining Company, LLC,, 462 MOTION (FILED ON SERVICE DATE) to Dismiss. filed by Shell Oil Company,, Texaco Inc.,, Does 1 through 100,, Atlantic Richfield Company,, Chevron U.S.A., Inc.,, Citgo Petroleum Corporation,, Mobil Oil Corporation,, Unocal Corporation,, Tosco Corporation,, BP Amoco Corporation,, Abdul Rauf,, Shell Oil Products Company,, Sunoco, Inc.,, United Refining Company,, Valero Energy, Inc.,, Motiva Enterprises, LLC,, Texaco Refining and Marketing, Inc.,, Equilon Enterprises LLC,, BP Corporation North America Inc.,, 7-Eleven, Inc.,, Exxon Mobil Corporation,, ConocoPhillips Company,, Lyondell Chemical Company,, BP Products North America, Inc.,, Chevrontexaco Corporation,, Lassus Bros. Oil, Inc.,, Frontier El Dorado Refining Company,, Ultramar, Inc.,, New West petroleum,, Tesoro Refining and Marketing Company, Inc.,, Bains Brothers, LLC,, Sartaj Bains,, Digol's Gas,, Ghulam Fareed,, Mohammed Faruk,, Ferg's Market,, Fuel Stop,, Full Stop Mini Market,, Gold Star Gas/Food,, Elias Jbeily,, Julius Juhasz,, Klara Juhasz,, Edward Marrach,, Safdar Naiz,, New West Stations, Inc.,, Sajda Perveen,, R&B Stations, Inc.,, Mohammad Shamshad,, Speed Bird, Inc.,, Super Star Plus Corporation,, Lo J. Yang,, Does 26-1000,, Circle K Stores, Inc.,, Petro Star,, Giant Yorktown, Inc.,, La Gloria Oil and Gas Company,, BP West Coast LLC,, American Refining Group Inc.'s,, Plaacid REfining Company, LLC,, 292 MOTION (FILED ON SERVICE DATE) to Dismiss., 278 MOTION (FILED ON SERVICE DATE) to Dismiss., 280 MOTION (FILED ON SERVICE DATE) to Dismiss., 294 MOTION (FILED ON SERVICE DATE) to Dismiss., 296 MOTION (FILED ON SERVICE DATE) to Dismiss., 284 MOTION (FILED ON SERVICE DATE) to Dismiss., 298 MOTION (FILED ON SERVICE DATE) to Dismiss., 300 MOTION (FILED ON SERVICE DATE) to Dismiss., 286 MOTION (FILED ON SERVICE DATE) to Dismiss., 288 MOTION (FILED ON SERVICE DATE) to Dismiss., 302 MOTION (FILED ON SERVICE DATE) to Dismiss., 304 MOTION (FILED ON SERVICE DATE) to Dismiss.. (Signed by Judge Shira A. Scheindlin on 4/20/05) (db, )
April 22, 2005600Designation purs to Sec 5(B) of the order for preservation of documents, dated 3/15/05 (re 04-3417). Document filed by The City of New York. (cd, )
April 22, 2005605Designation of Judah Prero purs to Sec 5(B) of the Order for Preservation of Documents, dated 3/15/05. Document filed by The City of New York. (cd, )
April 25, 2005592DEMAND for Trial by Jury. Document filed by All Plaintiffs(cd, )
April 25, 2005598Designation purs to Sec 5(b) of the 3/15/05 Order for Preservation of Documents. Document filed by Go-Mart, Inc. (cd, )
April 29, 2005601REVISED COUNTER STATEMENT PURS TO 56.1. Document filed by Town of Hartland. (cd, )
May 3, 2005602NOTICE of Voluntary Dismissal as to BP America, pursuant to Rule 41(a)(1) of the F.R.C.P.without prejudice and with each party bearing its own costs (Signed by Judge Shira A. Scheindlin on 5/3/05) (jf, )
May 3, 2005604MOTION for Joinder in the Motion to Dismiss or Strike Portions of the Orange County Water District's Second Amended Complaint purs to FRCP 12(b)(6). Document filed by Petro-Diamond, Inc. (cd, )
May 3, 2005610ENDORSED LETTER addressed to Judge Shira A. Scheindlin from James C. Macdonald dated 4/25/2005; counsel for Petro-Diamond writes to request that the Court allow it to join in the Rule 12(b)(6) Motion. Petro-Diamond's request is hereby granted. Petro-Diamond may join in defendants' Rule 12(b)(6) motion in Orange County Water District v. Unocal Corp., et al., no. 04 Civ. 4968. This document relates to 04cv4968. (Signed by Judge Shira A. Scheindlin on 5/2/2005) (kkc, )
May 4, 2005603Pretrial Order #8 re Motion against Coastal defts to Compel Production fld by Kenneth Warner, Special Master. (cd, )
May 5, 2005613Amended Pre-Trial Order #7 (Supplemental Procedures on Motions). Document filed by Kenneth E. Warner. (cd, )
May 6, 2005606NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P. Plaintiff Buchanan County School Board hereby dismisses without prejudice BP America, Inc., BP Company North America, Inc., BP Corporation North America, Inc., Individually and as successor-by-merger to Amoco Oil Company and BP Exploration and Oil, Inc., BP Global Special Products (America), Inc., and BP Products North Americas, Inc. from each of the actions with each party to bear its own attorney's fees and costs. Plaintiff reserves all other rights as against all other defendants (Signed by Judge Shira A. Scheindlin on 5/6/05) (yv, ) Modified on 5/9/2005 (yv, ).
May 6, 2005607Court Opinion or Order CASE MANAGEMENT ORDER #9. Upon plaintiffs' request, CMO #1 re: 73 Order is amended so that effective 6/1/05 plaintiffs' liaison counsel shall be Robin Greenwald, Esq., Weitz & Luxenberg, 180 Maiden Lane, 17th Floor, New York, NY (Signed by Judge Shira A. Scheindlin on 5/2/05) (yv, )
May 6, 2005614Fld Amended Pre-Trial Order #8 (Motion Against Coastal Defts to Compel Production). Document filed by Kenneth E. Warner. (cd, )
May 9, 2005608ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Stephen J. Riccardulli dated 5/5/05 re: counsel for defendants requests an extension of time until 5/20/05 to submit the requested list of member defendants. Application GRANTED. Defendants may have until 5/20/05 to file a list of defendants that were members of the API, OFA and the MTBE committee, during the period of 1/1/80 to the first filing in the Connecticut and Iowa cases. This document relates to : 04cv1716, 04cv1718, 04cv1719,04cv1720, 04cv1721 and 04cv1723. (Signed by Judge Shira A. Scheindlin on 5/6/05) (db, )
May 11, 2005609Court Opinion or Order ORDER; Liaison counsel for plaintiffs and defendants have agreed to a 7 dat extesion to this deadline. This extension is granted and applies to those cases that were addressed in the 4/20/05 Opinion and Order. Answers in those cased listed in caption are due Thursday, 5/26/05. (Signed by Judge Shira A. Scheindlin on 5/10/05) (sac, )
May 11, 2005611MEMORANDUM AND OPINION # 91602 that for the resons set forth, Gulf Oil LImited motion for a more definite statement is denied. The Clerk of the Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 5/10/05) (cd, )
May 12, 2005612Court Opinion or Order OPINION AND ORDER #91610; Irving Oil's motion for summary judgment is denied. The Clerk of the Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 5/11/05). This Document Relates to: 04civ2072. (sac, )
May 13, 2005615Court Opinion or Order AMENDED OPINION AND ORDER #91505; the OPINION AND ORDER, Doc#589, filed on 4/20/05 shall be amended as follows: See Restatement (Third) of Torts: Liability for Physical Harm 28 cmt. o (Proposed Final Draft No. 1, 2005). The text accompanying Footnote 103: With respect to toxic substances, a draft of the Restatement (Third) of Torts explains: When market-share liabiliy is limited to fungible products that pose equivalent risks to users who have no reasonable means to prove which manufacturer provided the product that caused plaintiff's harm, it has an exceedingly limited reach.... Only products that cause harm after a lengthy latency period between exposure and development of harm are likely to create the systemic proof problems that market-share liability addresses. Many toxic substances, including asbestos products, do not pose equivalent risks to all exposed to the products. (Signed by Judge Shira A. Scheindlin on 5/13/05) (sac, )
May 13, 2005616Stipulated Modification to Amended Pre-Trial Order #8 (Motion against Coastal defts to Compel Production), fld by Kenneth Warner, Special Master. (cd, )
May 16, 2005617Pre-Trial Order #9 (Motion to Compel By Plaintiff against defts). Document filed by Kenneth E. Warner. (cd, )
May 17, 2005618AGREED MOTION TO SUBSTITUTE PARTIES; Plaintiffs and defendant Atofina Petrochemicals, Inc hereby request that the Court substitute Total Petrochemicals USA, Inc for Atofina Petrochemicals, Inc as a defendant in the captioned matters; (Signed by Judge Shira A. Scheindlin on 5/11/05) (djc, )
May 18, 2005619NOTICE of of Compliance with Sec 2(C) of the order for Preservation of Documents. Document filed by Petro-Diamond, Inc. (cd, )
May 23, 2005620ANSWER to the Fifth Amended Complaint with JURY DEMAND. Document filed by Fauser Oil Co. Inc., Keck, Inc., Mulgrew Oil Company.(cd, )
May 23, 2005621ENDORSED LETTER addressed to Judge Scheindlin from Joanne Lichtman dated 5/19/05: the deadline for defts Unocal and Union Oil to file their master answer is hereby extended to 6/9/05. (Signed by Judge Shira A. Scheindlin on 5/20/05) (cd, )
May 23, 2005 Set Answer Due Date purs. to 621 Endorsed Letter as to Unocal Corporation answer due on 6/9/2005. (cd, )
May 24, 2005622Disclosure Purs to 4/20/05 Order that deft TMR states it was a member of the Oxygenated Fuels Assoc. Document filed by Texaco Refining and Marketing, Inc. (cd, )
May 24, 2005628ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Christopher J. Garvey dated 5/20/05 re: The defendants' request is hereby granted. Gulf Oil Limited Partnership, Cumberland Farms, Inc., Coastal Fuels Marketing, Inc., Chelsa Sandwich LLC, Global Companies LLC, Global Montello Group LLC, and Global Petroleum Corp. shall have until 6/9/05, to file their respective answers. (Signed by Judge Shira A. Scheindlin on 5/20/05) (sac, )
May 26, 2005630MASTER ANSWER to Complaint; THIRD PARTY COMPLAINT against John and Jane Does Nos. 501-1000; CROSSCLAIM against John and Jane Does Nos. 501-1000. Document filed by Lyondell Chemical Company.(sac, )
May 26, 2005631MASTER ANSWER to Complaint; THIRD PARTY COMPLAINT against John and Jane Does Nos. 501-1000; CROSSCLAIM against John and Jane Does Nos. 501-1000. Document filed by Equistar Chemicals, LP.. Received in the night deposit box on 5/26/05 at 7:34 p.m..(sac, )
May 26, 2005638MASTER ANSWER to Amended Complaint. Document filed by Koch Industries, Inc. Related document: 371 Amended Complaint,,,,, filed by City of Sacramento,, California-American Water Company,, The People of the State of California,, Sacramento County Water Agency,, Sacramento Goundwater Authority,, Citrus Heights Water District,, Del Paso Manor Water District,, Fair Oaks Water District,, Florin Resource Conservation District,, Rio Linda Elverta Community Water District,, Sacramento Suburban Water District,, San Juan Water District,.(cd, )
May 26, 2005639ANSWER to Complaint. Document filed by Sunoco, Inc. (R&M), Sunoco, Inc.(cd, )
May 26, 2005640SUPPLEMENTAL ANSWER to Complaint. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).(cd, ).
May 26, 2005641SUPPLEMENTAL ANSWER to Complaint. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M). (re 03-8248)(cd, )
May 26, 2005642MASTER ANSWER to Complaint. Document filed by Flint Hills Resources, LP.(cd, )
May 26, 2005643MASTER ANSWER to Complaint. Document filed by Irving Oil Corporation, Irving Oil Limited, Irving Oil Terminals, Inc.(cd, )
May 26, 2005644MASTER ANSWER to Complaint. Document filed by Phibro Inc.(cd, )
May 26, 2005645MASTER ANSWER to Complaint. Document filed by Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Refining and Chemicals Company L.P., Citgo Petroleum Corporation.(cd, )
May 26, 2005646MASTER ANSWER to Complaint. Document filed by Valero Marketing and Supply Company, Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas.(cd, )
May 27, 2005623ENDORSED LETTER addressed to Judge Scheindlin from Michael A. Walsh dated 5/25/05 re: agreement that 7-Eleven file its answer within 30 days of receipt of the amended complaint. Defendant's request is hereby granted. 7-Eleven shall file its answer within 30 days of receipt of the amended complaint in City of Mishawaka v. Amevada Hess Corp., No. 04cv2055 (Signed by Judge Shira A. Scheindlin on 5/26/05) Copy faxed by Chambers.(yv, )
May 27, 2005624ENDORSED LETTER addressed to Judge Scheindlin from Karleen M. O'Connor dated 5/25/05 re: request for approval of extension of time to file answer until 6/2/05. Defendant's request is hereby granted. Duke Energy Merchants shall have until 6/2/05 to file its answer in City of New York v. Amerada Hess, et al., 04cv3417 (Signed by Judge Shira A. Scheindlin on 5/26/05) Copy faxed by Chambers.(yv, )
May 27, 2005625ENDORSED LETTER addressed to Judge Scheindlin from Thomas J. Pappas dated 5/25/05 re: request the Court's approval for an extension of time to file its answer in 04cv2067 and 04cv2066. Defendant's request is hereby granted. Sprague Energy Corp. shall have until 6/2/05 to file its answers in City of Dover v. Amerada Hess, et al 04cv2067, and City of Portsmouth v. Amerada Hess, et al., 04cv2066 (Signed by Judge Shira A. Scheindlin on 5/26/05) Copy faxed by Chambers.(yv, )
May 27, 2005626ENDORSED LETTER addressed to Judge Scheindlin from Erich H. Gaston dated 5/25/05 re: request for an extension of time for Premcor to file answers for cases in which an answer is due. Defendant's request is hereby granted. The Premcor Refining Group, Inc. shall have until 6/9/05, to file its answer (Signed by Judge Shira A. Scheindlin on 5/26/05) Copy faxed by Chambers.(yv, )
May 27, 2005627ENDORSED LETTER addressed to Judge Scheindlin from Keene R. Kelley dated 5/25/05 re: approval of agreement to allow extension of time to file its answers until Wednesday, 6/8/05. Defendant's request is hereby granted. International-Matex Tank Terminals shall have until 6/8/05, to file its answers in City of Marksville v. Alon Energy, Inc., No. 04cv3412 and Town of Rayville v. Alon Energy, Inc. No. 04cv3413 (Signed by Judge Shira A. Scheindlin on 5/26/05) Copy faxed by Chambers.(yv, )
May 27, 2005629ANSWER to Master Complaint; THIRD PARTY COMPLAINT against John and Jane Does Nos. 1-500; CROSSCLAIM against John and Jane Does 1-500. Document filed by Colorado Refining Company, Diamond Shamrock Refining and Marketing Company, TPI Petroleum, Inc., Ultramar Energy, Inc., Ultramar Limited, Ultramar, Inc.. Related to: MDL 1358(SAS); No. M21-88.(sac, )
May 27, 2005647MASTER ANSWER to Complaint. Document filed by Texaco Inc., Chevron U.S.A., Inc., Chevron Corporation, TRMI Holdings Inc.(cd, )
May 27, 2005648MASTER ANSWER to Complaint. Document filed by Exxon Mobil Corporation.(cd, )
May 27, 2005649MASTER ANSWER to Complaint. Document filed by Total Petrochemicals USA, Inc.(cd, )
May 27, 2005650MASTER ANSWER to Complaint. Document filed by Equiva Services, LLC, Shell Petroleum, Inc., Shell Trading (US) Company, Star Enterprises, TMR Company, Shell Oil Products Company, Motiva Enterprises, LLC, Equilon Enterprises LLC, Shell Oil Company.(cd, )
May 31, 2005651MASTER ANSWER to Complaint. Document filed by Ultramar, Inc., Colorado Refining Company, Diamond Shamrock Refining and Marketing Company, TPI Petroleum, Inc., Ultramar Energy, Inc., Ultramar Limited.(cd, )
May 31, 2005652MASTER ANSWER to Complaint. Document filed by Parker Holding Company Inc, Parker Oil Company. (cd, )
May 31, 2005654MASTER ANSWER to Complaint. Document filed by Getty Petroleum Marketing Inc.(cd, )
June 1, 2005632ENDORSED LETTER addressed to Judge Scheindlin from J. Stephen Bennett dated 5/26/05: deft's request is hereby granted. Lassus Bros Oil shall have until 6/2/05, to file its answers in the following actions: 04-1724, 04-2055, 04-2057, 04-2056, 04-4990. (Signed by Judge Shira A. Scheindlin on 5/26/05) copies sent by chambers(cd, )
June 1, 2005633ENDORSED LETTER addressed to Judge Scheindlin from Michael Galligan dated 5/26/05: deft's request is hereby granted. Placid Refining shall have until 6/9/05 to file its anwer in the following cases: 04-3413, 04-3412, 04-3418, 04-2070, 05-1310, 04-3420. (Signed by Judge Shira A. Scheindlin on 5/26/05) (cd, )
June 1, 2005655MASTER ANSWER to Complaint. Document filed by Atlantic Richfield Company, BP Corporation North America Inc., BP Amoco Corporation, BP Products North America, Inc., BP West Coast LLC.(cd, )
June 1, 2005656MASTER ANSWER to Complaint. Document filed by ConocoPhillips Company.(cd, )
June 1, 2005660MASTER ANSWER to Complaint. Document filed by Leemilt's Petroleum Inc.(cd, )
June 1, 2005661ANSWER to the Third Amended Complaint. Document filed by Mercury Fuel Service, Incorporated.(cd, )
June 1, 2005662ANSWER to Fourth Amended Complaint. Document filed by Buckley Energy Group, Ltd., Buckley Gasoline Marketers, Inc., Santa Fuel Inc., Santa Holding Company. (cd, )
June 1, 2005663ANSWER to Fourth Amended Complaint. Document filed by Mercury Fuel Service, Incorporated.(cd, )
June 1, 2005664ANSWER to Fourth Amended Complaint. Document filed by Mercury Fuel Service, Incorporated. (cd, )
June 1, 2005665ANSWER to Third Amended Complaint. Document filed by Mercury Fuel Service, Incorporated. (cd, )
June 1, 2005666ANSWER to Fourth Amended Complaint. Document filed by Mercury Fuel Service, Incorporated. (cd, )
June 1, 2005671MASTER ANSWER to Complaints. Document filed by Getty Properties Corp..(cd, )
June 2, 2005634OPINION and Order # 91704 granting 501 MOTION to Dismiss and to strike plntfs' prayers for treble damages and attorneys' fees. The Clerk of the Court is directed to close this motion. A conference is scheduled for 10 am on 6/9/05, in Courtroom 15C. (Signed by Judge Shira A. Scheindlin on 5/31/05) (cd, )
June 2, 2005635ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Peter M. Hart dated 5/27/05 re: Defendant's request is hereby granted. Nella Oil Co., LLC shall have until 6/9/05 to file its answer in City of Fresno v. Chevron, USA, Inc. No. 04cv4973. (Signed by Judge Shira A. Scheindlin on 5/31/05) (sac, )
June 2, 2005667MASTER ANSWER to Complaint. Document filed by Amerada Hess Corporation. (cd, )
June 2, 2005668ANSWER to Complaint. Document filed by Hess Energy, Inc.(cd, )
June 2, 2005670MASTER ANSWER to Complaints. Document filed by Coastal Chem, Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company.(cd, )
June 2, 2005672MOTION (FILED ON SERVICE DATE) for Certificate of Appealability re 4/20/05 order. Document filed by Amerada Hess Corporation, BP Products North America, Inc., Ashland Inc. et al(cd, )
June 2, 2005673MEMORANDUM OF LAW in Support re: 672 MOTION for Certificate of Appealability.. Document filed by Amerada Hess Corporation, BP Products North America, Inc., Ashland Inc.(cd, )
June 6, 2005636ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Joanne Lichtman dated 6/2/05 re: Application GRANTED. The deadline for defendants Unolocal Corporation and Union Oil Company of California to file their master answer is extended to 6/30/05. No further extensions will be granted. (Signed by Judge Shira A. Scheindlin on 6/2/05) (db, )
June 6, 2005 Set Answer Due Date purs. to 636 Endorsed Letter, as to Unocal Corporation answer due on 6/30/2005; Union Oil Company of California answer due on 6/30/2005; Union Oil Company of California answer due on 6/30/2005. (db, )
June 6, 2005637ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Karleen M. O'Conner dated 6/1/05 re: defendant's request is hereby GRANTED. Duke Energy Merchants. LLC shall have until 6/9/05 to file its answer in City of New York v. Amerida Hess 04cv3417. No further extensions will be granted. (Signed by Judge Shira A. Scheindlin on 6/2/05) (db, )
June 6, 2005674List of Covered Persons. Document filed by Johnson & Dix Fuel Corp. (cd, )
June 7, 2005675MASTER ANSWER to Complaint. Document filed by Johnson & Dix Fuel Corp.(cd, )
June 8, 2005684MJASTER ANSWER to Complaints. Document filed by International Matex Tank Terminals. (cd, )
June 9, 2005676ANSWER to Complaints. Document filed by Placid Refining Company, LLC.(cd, )
June 9, 2005677MASTER ANSWER to Complaints. Document filed by Coastal Fuels Marketing, Inc. (orig fld in 00-1898 doc #677)(cd, )
June 9, 2005678MASTER ANSWER to Complaints. Document filed by Chelsea Sandwich, LLC., Global Companies, LLC, Global Montello Group, Global Petroleum Corporation.(cd, )
June 9, 2005679ANSWER to Complaints. Document filed by Cumberland Farms Inc.(cd, )
June 9, 2005680Court Opinion or Order ORDER denying 495 Motion to Dismiss . (Signed by Judge Shira A. Scheindlin on 6/9/05)(cd, )
June 9, 2005681MASTER ANSWER to Complaints. Document filed by Gulf Oil Ltd. Partnership. (cd, )
June 10, 2005682ANSWER to Complaints. Document filed by Bartco Corp..(cd, )
June 10, 2005683Supplemental List of Covered Persons. Document filed by Johnson & Dix Fuel Corp. (cd, )
June 10, 2005685NOTICE of Appearance by Craig A. Caldwell on behalf of Warner Petroleum, Inc., (cd, )
June 10, 2005687MASTER ANSWER to Complaints. Document filed by Atlantic Richfield Company, BP Corporation North America Inc., BP Amoco Corporation, BP Products North America, Inc., BP West Coast LLC.(cd, )
June 10, 2005688AMENDED ANSWER to the Fourth Amended Complaint. Document filed by Buckley Energy Group, Ltd., Buckley Gasoline Marketers, Inc., Santa Fuel Inc., Santa Holding Company.(cd, )
June 13, 2005689MASTER ANSWER to Complaint. Document filed by The Premcor Refining Group Inc. (cd, )
June 17, 2005653Court Opinion or Order ORDER pursuant to F.R.C.P. 53(a), I am appointing Bethany Davis Noll to replace Kanchana Wangkeo as Special Master to further assist the Court. The Court has received an affidavit from Ms. Davis Noll disclosing whether there are any grounds for disqualification under section 455 of Title 28 of the United States Code; there are no such grounds. This Order is effective as of 8/8/05. The Special Master is directed "to proceed with all reasonable diligence" in the performance of her duties. Fed. R.Civ. P. 53(b)(2). To wit, Ms. Davis Noll is appointed to perform the same duties as those typically performed by a law clerk, but she will be dedicated solely to these cases, etc. as further set forth in this Order. So Ordered. (Signed by Judge Shira A. Scheindlin on 6/14/05) (jco, )
June 17, 2005690PRETRIAL ORDER #12 re plntf's motion to compel against Sunoco: on consent deft Sunoco shall produce a witness in response to plntfs' notice of deposition no later than 75 days from the date of this Pre Trial Order, as further set forth in this document. Plntf shall have until 1/12/06 to note the deft for deposition under Rule 30(b)(6), as further set forth in this document. (Signed by Special master Kenneth E. Warner)(cd, )
June 21, 2005691TRANSCRIPT of proceedings held on 6/9/05 before Judge Shira A. Scheindlin. (cd, )
June 24, 2005657Court Opinion or Order OPINION AND ORDER #91782 re: Defendants' motion to strike the Water Agency Plaintiffs' "representational standing" allegations is granted. Defendants' motion to dismiss OCWD's nuisance claim is denied. 7-Eleven's motion to dismiss or to strike or for a more definite statement is denied. The Clerk of the Court is directed to close these motions. A conference is scheduled for 10:00 a.m. on 9/9/05 in Courtroom 15C... 486 MOTION (FILED ON SERVICE DATE) to Dismiss. filed by 7-Eleven, Inc.. (Signed by Judge Shira A. Scheindlin on 6/22/05) This Document Relates to: 04civ4972 and 04civ4968(sac, )
June 24, 2005692RULE 7.1 DISCLOSURE STATEMENT. Document filed by Coastal Fuels Marketing, Inc.(cd, )
June 28, 2005658TRUE COPY ORDER of USCA as to 386 Notice of Interlocutory Appeal, filed by The State of New Hampshire,, 385 Notice of Interlocutory Appeal,,,, filed by The People of the State of California, USCA Case Number 04-5974-cv(L),04-6056-cv(CON). Appellee Citgo Petroleum Corp. moves for summary affirmance of the district court's October 19, 2004 as indicated. ORDERED that appellee's motion for summary affirmance is DENIED as indicated. Furthermore, appellee's request for an order limiting the scope of the appeal is DENIED, as indicated. MACKECHNIE, Clerk USCA. Certified: 6/28/05. (pr, )
June 28, 2005659Court Opinion or Order OPINION and ORDER # 91793.... for the feasons set forth herein, Lyondell's motion to dismiss for lack of personal jurisdiction is denied. The Clerk of the Court is directed to close this motion. A conference is scheduled for 10:00 a.m. on September 9, 2005 in Courtroom 14C (Signed by Judge Shira A. Scheindlin on 6/24/05) (dlc)
June 29, 2005 Transmission of USCA Mandate/Order to the District Judge re: 658 USCA Order,,. (pr, )
June 29, 2005 Transmission to Judgments and Orders Clerk. Transmitted re: 659 Memorandum & Opinion,, to the Judgments and Orders Clerk for preparation of Judgment. (djc, )
July 1, 2005669Court Opinion or Order CASE MANAGEMENT PLAN ORDER NO. 10: Setting out deadlines as for those newly-transferred cases named he rein as well as any related cases transferred to this Court in the future. See document for deadlines. (Signed by Judge Shira A. Scheindlin on 6/29/05) (djc, )
July 5, 2005686ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Daniel Greene dated 6/30/05 re: counsel for Unocal and Union Oil request that the court extend their deadline to file their master answer for the cases for which an answer is due on 6/30/05 to 7/22/05. (Signed by Judge Shira A. Scheindlin on 6/30/05) (dle, )
July 5, 2005 Set Answer Due Date purs. to 686 Endorsed Letter, as to Unocal Corporation answer due on 7/22/2005; Union Oil Company of California answer due on 7/22/2005. (dle, )
July 5, 2005695Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Robin L. Greenwald and Hannah S. Lim are admitted to practice before this Court pro hac vice on behalf of all plaintiffs in this civil action upon the deposit of the required $25.00 fee per applicant to the Clerk of this Court. Attorney Robin L. Greenwald for Robert O'Brien; The People of the State of California; Sacramento County Water Agency; Sacramento Goundwater Authority; Citrus Heights Water District; Del Paso Manor Water District; Fair Oaks Water District; Florin Resource Conservation District; Rio Linda Elverta Community Water District; Sacramento Suburban Water District; San Juan Water District; California-American Water Company; City of Sacramento; The City of New York; Town of Hartland; Steven C. Greene and Melanie J. Arcure, Hannah Lim for Robert O'Brien; The People of the State of California; Sacramento County Water Agency; Sacramento Goundwater Authority; Citrus Heights Water District; Del Paso Manor Water District; Fair Oaks Water District; Florin Resource Conservation District; Rio Linda Elverta Community Water District; Sacramento Suburban Water District; San Juan Water District; California-American Water Company; City of Sacramento; Town of Hartland; Steven C. Greene and Melanie J. Arcure admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 6/30/05) Filed In Associated Cases: 1:00-cv-01898-SAS,1:03-cv-08248-SAS,1:03-cv-09050-SAS,1:03-cv-09543-SAS,1:03-cv-09544-SAS, 1:03-cv-10051-SAS,1:03-cv-10052-SAS,1:03-cv-10053-SAS,1:03-cv-10054-SAS,1:03-cv-10055-SAS, 1:03-cv-10056-SAS,1:03-cv-10057-SAS,1:04-cv-01716-SAS,1:04-cv-01718-SAS,1:04-cv-01719-SAS, 1:04-cv-01720-SAS,1:04-cv-01721-SAS,1:04-cv-01722-SAS,1:04-cv-01723-SAS,1:04-cv-01724-SAS, 1:04-cv-01725-SAS,1:04-cv-01726-SAS,1:04-cv-01727-SAS,1:04-cv-02053-SAS,1:04-cv-02055-SAS, 1:04-cv-02056-SAS,1:04-cv-02057-SAS,1:04-cv-02059-SAS,1:04-cv-02060-SAS,1:04-cv-02061-SAS, 1:04-cv-02062-SAS,1:04-cv-02066-SAS,1:04-cv-02067-SAS,1:04-cv-02068-SAS,1:04-cv-02070-SAS, 1:04-cv-02072-SAS,1:04-cv-02388-SAS,1:04-cv-02389-SAS,1:04-cv-02390-SAS,1:04-cv-03412-SAS, 1:04-cv-03413-SAS,1:04-cv-03415-SAS,1:04-cv-03416-SAS,1:04-cv-03417-SAS,1:04-cv-03418-SAS, 1:04-cv-03419-SAS,1:04-cv-03420-SAS,1:04-cv-04968-SAS,1:04-cv-04969-SAS,1:04-cv-04970-SAS, 1:04-cv-04971-SAS,1:04-cv-04972-SAS,1:04-cv-04973-SAS,1:04-cv-04974-SAS,1:04-cv-04975-SAS, 1:04-cv-04976-SAS,1:04-cv-04990-SAS,1:04-cv-05421-SAS,1:04-cv-05422-SAS,1:04-cv-05423-SAS, 1:04-cv-05424-SAS,1:04-cv-06993-SAS(yv, )
July 5, 2005 Transmission to Attorney Admissions Clerk. Transmitted re: 695 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (yv, )
July 8, 2005 CASHIERS OFFICE REMARK on Order on Admission Pro Hac Vice, dated 1/7/05; in the amount of $25.00, paid on 2/7/05, Receipt Number 533772. (sac, )
July 8, 2005693Court Opinion or Order MDL NO. 1358(SAS): ORDER ON ADMISSION PRO HAC VICE OF ATTORNEYS LISTED ON ATTACHMENT "A"; the motion for admission pro hac vice of the attorneys listed on Attachment "A" for MDL NO 1358, members in good standing of the Bars of the State and Federal Courts so listed and as counel for their clients so listed, is granted. (Signed by Judge Shira A. Scheindlin on 1/7/05) This Document Relates to: MDL 1358(SAS).... Original filed with Court on 1/12/05.(sac, )
July 8, 2005694Court Opinion or Order MDL NO. 1358(SAS): ORDER ON ADMISSION PRO HAC VICE; the motion for admission pro hac vice admitting Kristen N. Reyna for MDL NO 1358, as counsel for Fuel Star #2 in the matter of 04civ4970, is granted. (Signed by Judge Shira A. Scheindlin on 11/10/04). This Document Relates to: MDL 1358(SAS).... Original filed with Court on 11/10/04. (Signed by Judge Shira A. Scheindlin on 11/10/04) (sac, ) Modified on 7/11/2005 (sac, ).
July 8, 2005 CASHIERS OFFICE REMARK on 694 Order, in the amount of $25.00, paid on 11/12/04, Receipt Number 525751. (sac, )
July 8, 2005 CASHIERS OFFICE REMARK on 693 Order, in the amount of $25.00, paid on 1/11/05, Receipt Number 530824. (sac, )
July 8, 2005 CASHIERS OFFICE REMARK on 694 Order, in the amount of $50.00, paid on 1/11/05, Receipt Number 530835. (sac, )
July 8, 2005 CASHIERS OFFICE REMARK on 694 Order, in the amount of $25.00, paid on 1/11/05, Receipt Number 530836. (sac, )
July 8, 2005 CASHIERS OFFICE REMARK on 693 Order, in the amount of $50.00, paid on 1/11/05, Receipt Number 530837. (sac, )
July 8, 2005 CASHIERS OFFICE REMARK on 693 Order, in the amount of $50.00, paid on 1/11/05, Receipt Number 530838. (sac, )
July 8, 2005 CASHIERS OFFICE REMARK on 693 Order, in the amount of $50.00, paid on 1/11/05, Receipt Number 530879. (sac, )
July 8, 2005 CASHIERS OFFICE REMARK on 693 Order, in the amount of $125.00, paid on 1/11/05, Receipt Number 530880. (sac, )
July 8, 2005 CASHIERS OFFICE REMARK on 693 Order, in the amount of $25.00, paid on 1/11/05, Receipt Number 530881. (sac, )
July 8, 2005 CASHIERS OFFICE REMARK on 693 Order, in the amount of $25.00, paid on 1/11/05, Receipt Number 530882. (sac, )
July 8, 2005 CASHIERS OFFICE REMARK on 693 Order, in the amount of $75.00, paid on 1/11/05, Receipt Number 530883. (sac, )
July 8, 2005 CASHIERS OFFICE REMARK on 693 Order, in the amount of $50.00, paid on 1/11/05, Receipt Number 530884. (sac, )
July 19, 2005696NOTICE of Voluntary Dismissal without prejudice pursuant to Rule 41(a)(1) of the F.R.C.P. as against deft FHR/GP, LLC. (Signed by Judge Shira A. Scheindlin on 7/18/2005) Filed In Associated Cases: 1:00-cv-01898-SAS,1:04-cv-01724-SAS,1:04-cv-02055-SAS,1:04-cv-02056-SAS,1:04-cv-02057-SAS, 1:04-cv-04990-SAS, 05-cv-4018-SAS (jp, )(jp, ) Modified on 7/21/2005 (jp, ).
July 19, 2005697Court Opinion or Order CASE MANAGEMENT ORDER #11: that pre-conference letters shall be submitted purs. to the following schedule: the parties shall reach on a joint agenda eight (8) business days prior to the status conference. Parties shall file with the Court initial pre-conference letters and the agenda six (6) business days prior to the status conference. Any party wishing to file a reply letter shall do so three (3) business days prior to the status conference. (Signed by Judge Shira A. Scheindlin on 7/18/2005) Filed In Associated Cases: 1:00-cv-01898-SAS,1:03-cv-08248-SAS,1:03-cv-09050-SAS,1:03-cv-09543-SAS,1:03-cv-09544-SAS, 1:03-cv-10051-SAS,1:03-cv-10052-SAS,1:03-cv-10053-SAS,1:03-cv-10054-SAS,1:03-cv-10055-SAS, 1:03-cv-10056-SAS,1:03-cv-10057-SAS,1:04-cv-01716-SAS,1:04-cv-01718-SAS,1:04-cv-01719-SAS, 1:04-cv-01720-SAS,1:04-cv-01721-SAS,1:04-cv-01722-SAS,1:04-cv-01723-SAS,1:04-cv-01724-SAS, 1:04-cv-01725-SAS,1:04-cv-01726-SAS,1:04-cv-01727-SAS,1:04-cv-02053-SAS,1:04-cv-02055-SAS, 1:04-cv-02056-SAS,1:04-cv-02057-SAS,1:04-cv-02059-SAS,1:04-cv-02060-SAS,1:04-cv-02061-SAS, 1:04-cv-02062-SAS,1:04-cv-02066-SAS,1:04-cv-02067-SAS,1:04-cv-02068-SAS,1:04-cv-02070-SAS, 1:04-cv-02072-SAS,1:04-cv-02388-SAS,1:04-cv-02389-SAS,1:04-cv-02390-SAS,1:04-cv-03412-SAS, 1:04-cv-03413-SAS,1:04-cv-03415-SAS,1:04-cv-03416-SAS,1:04-cv-03417-SAS,1:04-cv-03418-SAS, 1:04-cv-03419-SAS,1:04-cv-03420-SAS,1:04-cv-04968-SAS,1:04-cv-04969-SAS,1:04-cv-04970-SAS, 1:04-cv-04971-SAS,1:04-cv-04972-SAS,1:04-cv-04973-SAS,1:04-cv-04974-SAS,1:04-cv-04975-SAS, 1:04-cv-04976-SAS,1:04-cv-04990-SAS,1:04-cv-05421-SAS,1:04-cv-05422-SAS,1:04-cv-05423-SAS, 1:04-cv-05424-SAS,1:04-cv-06993-SAS(jp, )
July 19, 2005698ENDORSED LETTER addressed to Judge Shira Scheindlin from Michael A. Walsh dated 7/14/05 re: requesting the Court's approval of a schedule for the filing of FRCP 12(b)(6) motions to dismiss plaintiff's amended complaint. Defendant's request is hereby granted. Defendants may file a joint 12(b)(6) motion to dismiss plaintiffs' amended complaints in the Indiana cases on or before 8/5/05. (Signed by Judge Shira A. Scheindlin on 7/18/05) Copies Faxed By Chambers.(kw, )
July 19, 2005 Set Deadlines/Hearings: Defendants' joint 12(b)(6) motion due by 8/5/2005. (kw, )
July 21, 2005699Court Opinion or Order CASE MANAGEMENT ORDER #12; this Order supersedes prior Case Management Orders and Pretrial Order Nos. 1, 4 and 7 relating to discovery disputes. (Signed by Judge Shira A. Scheindlin on 7/19/05) (sac, )
July 21, 2005701MASTER ANSWER to the 2nd Amended Complaint. Document filed by Petro-Diamond, Inc.(cd, )
July 21, 2005703ANSWER to Complaint with JURY DEMAND. Document filed by Mohammed Faruk.(cd, )
July 22, 2005700Court Opinion or Order ORDER; that the motion for admission pro hac vice of the attorneys listed on Attachment "A", members in good standing of the Bars of the State and Federal Courts so listed and as counsel for their clients so listed, is granted. (Signed by Judge Shira A. Scheindlin on 7/21/05) (pl, ) Modified on 7/26/2005 (pl, ). (this document relates to MDL No. 1358 (SAS).
July 22, 2005702ANSWER to Complaint. Document filed by Westport Petroleum Inc.(cd, )
July 22, 2005704ANSWER to Third Amended Complaint with JURY DEMAND. Document filed by Ghulam Fareed, Safdar Naiz, Speed Bird, Inc.(cd, )
July 22, 2005705ANSWER to the Amended Complaint with JURY DEMAND. Document filed by Blue Star Petroleum, Inc.(cd, )
July 22, 2005706ANSWER to Complaint. Document filed by PS Trading, Inc.(cd, )
July 22, 2005707ANSWER to Complaint. Document filed by 7-Eleven, Inc.(cd, )
July 22, 2005708MASTER ANSWER to Complaint. Document filed by BP Products North America, Inc. et al.(cd, )
July 22, 2005709MASTER ANSWER to Complaint. Document filed by USA Gasoline Corporation,.(cd, )
July 22, 2005710ANSWER to 2nd Amended Complaint. Document filed by Tesoro Refining and Marketing Company, Inc.(cd, )
July 22, 2005711ANSWER to 2nd Amended Complaint. Document filed by Tesoro Refining and Marketing Company, Inc.(cd, )
July 22, 2005712ANSWER to 2nd Amended Complaint. Document filed by Tesoro Refining and Marketing Company, Inc.(cd, )
July 22, 2005713ANSWER to 2nd Amended Complaint. Document filed by Tesoro Refining and Marketing Company, Inc. (cd, )
July 22, 2005714ANSWER to 2nd Amended Complaint. Document filed by Tesoro Refining and Marketing Company, Inc.(cd, )
July 22, 2005715ANSWER to 2nd Amended Complaint. Document filed by Tesoro Refining and Marketing Company, Inc. (cd, )
July 22, 2005716ANSWER to 2nd Amended Complaint. Document filed by Tesoro Refining and Marketing Company, Inc. (cd, )
July 22, 2005717ANSWER to 2nd Amended Complaint. Document filed by Tesoro Refining and Marketing Company, Inc. (cd, )
July 22, 2005718ANSWER to 2nd Amended Complaint. Document filed by Tesoro Refining and Marketing Company, Inc. (cd, )
July 22, 2005720ANSWER to Complaint. Document filed by Sajda Perveen, Mohammad Shamshad (Pro Se).(cd, )
July 22, 2005721AMENDED MASTER ANSWER to Complaint. Document filed by Equistar Chemicals, LP.(cd, )
July 22, 2005722AMENDED MASTER ANSWER to Complaint. Document filed by Exxon Mobil Corporation.(cd, )
July 22, 2005723AMENDED MASTER ANSWER to Complaint. Document filed by Lyondell Chemical Company.(cd, )
July 22, 2005724MASTER ANSWER to Complaint. Document filed by Unocal Corporation, Union Oil Company of California.(cd, )
July 22, 2005725AMENDED MASTER ANSWER to Complaint. Document filed by Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Petroleum Corporation.(cd, )
July 22, 2005727ANSWER to Amended Complaint. Document filed by Toms Sierra Company, Inc.. Related document: 9 Amended Complaint, filed by Donna Berisha,, Steven C. Greene,, Melanie J. Arcure,, Ron La Susa,.(cd, )
July 25, 2005726MASTER ANSWER to Complaint. Document filed by Warner Petroleum, Inc. (cd, )
July 25, 2005728MASTER ANSWER to Complaint. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation.(cd, )
July 25, 2005729AMENDED MASTER ANSWER to Complaint. Document filed by ConocoPhillips Company.(cd, )
July 25, 2005741AMENDED MASTER ANSWER to Complaint. Document filed by Shell Oil Products Company, Shell Oil Company, Shell Petroleum, Inc., Shell Trading (US) Company.(cd, )
July 26, 2005719MEMORANDUM AND OPINION # 91909 denying 672 MOTION (FILED ON SERVICE DATE) for Certificate of Appealability. filed by Amerada Hess Corporation,, Ashland Inc.,, BP Products North America, Inc. A conference is scheduled for 9/9/05, at 10:00 am. (Signed by Judge Shira A. Scheindlin on 7/25/05) (cd, )
July 27, 2005736Court Opinion or Order ORDER ADMITTING ATTORNEY Rusty Rinehart PRO HAC VICE to represent G.N. Renn, Inc. (also docketed in 04-4970). (Signed by Judge Shira A. Scheindlin on 7/26/05) (cd, )
July 27, 2005737Court Opinion or Order ORDER, that plntfs maytake discovery of Flint Hills as to facts relevant to establishing personal jurisdiction and closing 512 Motion to Dismiss for Lack of Jurisdiction . (Signed by Judge Shira A. Scheindlin on 7/26/05) (cd, )
July 28, 2005 CASHIERS OFFICE REMARK on 700 Order, in the amount of $125.00, paid on 7/21/05, Receipt Number 550034. (mlo, )
July 28, 2005730ANSWER to Amended Complaint. Document filed by New West Petroleum.(cd, )
July 29, 2005740AMENDED MASTER ANSWER to Complaint. Document filed by Coastal Chem, Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company.(cd, )
August 1, 2005732AMENDED MASTER ANSWER to Complaint. Document filed by Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas.(cd, )
August 1, 2005734ANSWER to Amended Complaint. Document filed by Fuel Star, Inc.(cd, )
August 1, 2005735AMENDED MASTER ANSWER to Complaint. Document filed by Ultramar, Inc., Ultramar Energy, Inc., Ultramar Limited, Ultramar, Inc. (cd, )
August 2, 2005750NOTICE of re compliance with CMO #10 Sec 2 and order of preservation of documents. Document filed by PS Trading, Inc. (cd, )
August 3, 2005731NOTICE of Appearance by Jon D. Anderson on behalf of Circle K Stores, Inc. (cd, )
August 3, 2005751Court Opinion or Order ORDER that having reviewed Irving Oil's privilege log, Ifind that it is facially deficient because it fails to identify the nature of the privilege being claimed, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 8/1/05)(cd, )
August 3, 2005752AMENDED MASTER ANSWER to Complaint. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).(cd, )
August 4, 2005753AMENDED MASTER ANSWER to Complaint. Document filed by Crown Central Petroleum Corporation, La Gloria Oil and Gas Company. (cd, )
August 4, 2005755MASTER ANSWER to Complaint., THIRD PARTY COMPLAINT against John and Jane Does 1-500. Document filed by The Premcor Refining Group Inc..(cd, )
August 4, 2005756Court Opinion or Order ORDER OF DISMISSAL without prejudice as to defts, Amerada Hess, El Paso Corp, El Paso CGP Co, Coastal Mobile Refining Co., Untied Refining Co, Placid Refining, Sinclair Oil Corp, American Refining Group and Lyondell Petrochemical GP. (Signed by Judge Shira A. Scheindlin on 8/19/05) (cd, )
August 5, 2005742MOTION to Remand the action fld as Hope Koch et al v Hicks et al Case No. 12-C-04-1834 (Circuit Court for Hartford County, as further set forth in this document. Document filed by Koch Industries, Inc. (also docketed in 05-5745)(cd, )
August 5, 2005743MEMORANDUM OF LAW in Support re: 742 MOTION (FILED ON SERVICE DATE) to Remand.. (cd, )
August 5, 2005744MEMORANDUM OF LAW in Opposition re: 742 MOTION (FILED ON SERVICE DATE) to Remand.. Document filed by Koch Industries, Inc.. (cd, )
August 5, 2005745RESPONSE to Motion re: 742 MOTION (FILED ON SERVICE DATE) to Remand.. (cd, )
August 5, 2005746REPLY to Response to Motion re: 742 MOTION (FILED ON SERVICE DATE) to Remand.. Document filed by Koch Industries, Inc.. (cd, )
August 5, 2005747SUR REPLY MEMORANDUM OF LAW in Opposition re: 742 MOTION (FILED ON SERVICE DATE) to Remand. Document filed by Exxon Mobil Corporation. (cd, )
August 5, 2005748SECOND MOTION to Remand. Document filed by Koch Industries, Inc. (cd, )
August 5, 2005749MEMORANDUM OF LAW in Support re: 748 MOTION (FILED ON SERVICE DATE) to Remand. Document filed by Koch Industries, Inc. (cd, )
August 5, 2005757MASTER ANSWER to Complaint. Document filed by Getty Properties Corp. (cd, )
August 8, 2005758MOTION for Default Judgment as to deft G&M Oil. Document filed by Orange County Water District. (cd, )
August 8, 2005766JOINT MOTION to Dismiss the Indiana Amended Complaints. Document filed by 7-Eleven, Inc., Lassus Bros. Oil, Inc., Gulf Oil Ltd. Partnershi(cd, )
August 8, 2005767MEMORANDUM OF LAW in Support re: 766 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by 7-Eleven, Inc., Lassus Bros. Oil, Inc., Gulf Oil Ltd. Partnership. (cd, )
August 8, 2005769MASTER ANSWER to Complaint. Document filed by Koch Industries, Inc.(cd, )
August 8, 2005780AMENDED MASTER ANSWER to Complaint. Document filed by Chevron U.S.A., Inc., Chevron Corporation, Chevrontexaco Corporation.(cd, )
August 8, 2005781AMENDED MASTER ANSWER to Complaint. Document filed by Flint Hills Resources, LP.(cd, )
August 11, 2005733ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jadd F. Masso dated 8/1/05 re: dfts requests is hereby granted. Plaintiff shall file responsive papers to dfts Rule 12(b)(6) motion to dismiss the amended Indiana complaints by 9/2/05 and dfts shall file their reply papers by 9/16/05. (Signed by Judge Shira A. Scheindlin on 8/10/05) Filed In Associated Cases: (pl, )
August 11, 2005759AMENDED MASTER ANSWER to Complaint. Document filed by 7-Eleven, Inc.(cd, )
August 15, 2005760RULE 7.1 DISCLOSURE STATEMENT. Document filed by Petro-Diamond, Inc.(cd, )
August 16, 2005738ENDORSED LETTER addressed to Judge Scheindlin from Robert Greenwald dated 8/8/05 re: Plaintiffs' request is hereby granted. Defendants will make Mr. Urbanchuk available for deposition no later than September 21, 2005 and produce requested reports and other publications by no later than August 22, 2005. Plaintiffs shall file their opposition to defendants motion for summary jdugment on conflict preemption by October 21, 2005.. (Signed by Judge Shira A. Scheindlin on 8/16/05) (djc, )
August 16, 2005761Court Opinion or Order ORDER that plntfs may take discovery of Flint Hills as to facts relevant to establishing personal jurisdiction. (Signed by Judge Shira A. Scheindlin on 8/11/05) (cd, )
August 17, 2005771Objections to Mag Judge Report and Recommendation re Plaintiffs' Motion to Remand and Memor of Law in Support. Document filed by Edith Quick et al.(cd, )
August 19, 2005739ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 8/8/05 re: Counsel writes to request until 10/21/05 to file its opposition to the motion. Plaintiffs further request your Honor to order the schedule set forth in this letter. Plaintiffs request is hereby granted. Defendants will make Mr. Urbanchuk available for deposition no later than 9/21/05 and produce requested reports and other publications by no later than 8/22/05. Plaintiffs shall file their opposition to defendant's motion for summary judgment on conflict preemption by 10/21/05. So Ordered. (Signed by Judge Shira A. Scheindlin on 8/16/05) (jco, )
August 19, 2005 Set Deadlines/Hearings: Responses due by 10/21/2005 (jco, )
August 19, 2005773SIXTH AMENDED COMPLAINT against Atlantic Richfield Company, Amerada Hess Corp et al, fld by the Massachusetts plaintiffs.(cd, )
August 29, 2005774NOTICE of of Clerk's Notation of Default purs to FRCP 55(a). Document filed by Orange County Water District. (cd, )
August 29, 2005775fld Disclosure purs to 6/9/05 Directive. Document filed by Flint Hills Resources, LP. (cd, )
August 31, 2005 USCA SCHEDULING ORDER as to 386 Notice of Interlocutory Appeal, filed by The State of New Hampshire,, 385 Notice of Interlocutory Appeal,,,, filed by The People of the State of California, USCA Case Number 04-5974-cv (L), 04-6506-cv (CON). Roseann B. MacKechnie, Clerk USCA. Appeal Record due by 9/13/2005. Appellant Brief due by 9/20/2005. Appellee Brief due by 10/20/2005. (nd, )
August 31, 2005776TRANSCRIPT of proceedings held on 8/12/05 before Judge Shira A. Scheindlin. (cd, )
September 2, 2005777MEMORANDUM OF LAW in Opposition re: 766 MOTION to Dismiss, fld by plaintiffs. (cd, )
September 6, 2005 CASHIERS OFFICE REMARK on 695 Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 8/16/2005, Receipt Number 552586. (gm, )
September 6, 2005754Court Opinion or Order ORDER came on to be considered this 1 day of August,2005, the unopposed request to admit Marshall N. Perkins pro hac vice, and after due consideration the Court is of the opinion that said request is well taken and should be in all things GRANTED; IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Marshall N. Perkins is admitted to practice before this Court pro hac vice on behalf of all plaintiffs in this civil action upon the depost of the required $25.00 fee per applicant to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 8/1/2005) (jmi, )
September 8, 2005787Response t Plntfs' Objections to Mag Judge Bernthal's Report and Recommendation. Document filed by Shell Oil Company. (cd, )
September 9, 2005 CASHIERS OFFICE REMARK on 754 Order, in the amount of $25.00, paid on 8/2/2005, Receipt Number 551568. (kkc, )
September 12, 2005762Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Ramin Pejan for The City of New York admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 9/7/2005) (lb, )
September 13, 2005 Transmission to Attorney Admissions Clerk. Transmitted re: 762 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (lb, )
September 15, 2005783Amended Master ANSWER to Complaint. Document filed by Irving Oil Corporation, Irving Oil Limited, Irving Oil Terminals, Inc.(cd, )
September 16, 2005763Court Opinion or Order OPINION & ORDER # 92140 re: 748 MOTION to Remand. filed by Koch Industries, Inc.,, 742 MOTION to Remand. A conference is scheduled for 11/18/05, at 10:00 am. (Signed by Judge Shira A. Scheindlin on 9/16/05) (cd, )
September 16, 2005764Court Opinion or Order STIPULATION AND ORDER that the documents listed in the attached Exhibit A, Index to Record on Appeal in the case of the People of the State of California v Atlantic Richfield shall supplement the Record on Appeal previously fld in 04-5974 in the Court of Appeals for the Second Circuit. (Signed by Judge Shira A. Scheindlin on 9/15/05) (cd, )
September 16, 2005765Court Opinion or Order STIPULATION AND ORDER tht the documents listed in the attached Exhibit A, Index to Record to Appeal in the case of the State of New Hampshire v Amerada Hess shall supplement the Record on Appeal previously fld in case number 04-6056 in the USCA for the Second Circuit. (Signed by Judge Shira A. Scheindlin on 9/15/05) (cd, )
September 16, 2005768Court Opinion or Order OPINION AND ORDER; that the motions of the Koch plaintiffs are hereby denied. The Clerk of the Court is directed to close these motions (doc. #742, 748). A conference is scheduled for 11/18/05, at 10:00 a.m. in Courtroom 15C. This document relates to: 05cv5745(SAS). (Signed by Judge Shira A. Scheindlin on 9/16/05) (pl, )
September 16, 2005770Court Opinion or Order OPINION & ORDER # 92012 denying the following: 532 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. filed by Equistar Chemicals, LP,, 546 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. filed by Equistar Chemicals, LP,, 527 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. filed by Equistar Chemicals, LP,, 535 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. filed by Equistar Chemicals, LP,, 542 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. filed by Equistar Chemicals, LP,, 537 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. filed by Equistar Chemicals, LP,, 524 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. filed by Equistar Chemicals, LP,, 525 MOTION (FILED ON SERVICE DATE) to Dismiss. filed by Equistar Chemicals, LP,, 526 MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction. filed by Equistar Chemicals, LP,. A conference is scheduled for 9/9/05, at 10:00 am. (Signed by Judge Shira A. Scheindlin on 8/11/05) (cd, )
September 16, 2005782RESPONSES TO Amended Membership Questionnaire. Document filed by Petro-Diamond, Inc. (cd, )
September 16, 2005784REPLY to deft Shell Oil response to plntf's objection to the Report and Recommendation re plntfs' Motion to Remand, filed by plaintiffs. (cd, )
September 16, 2005785REPLY MEMORANDUM OF LAW in Support re: 766 MOTION to Dismiss the Indiana Amended Complaints. Document filed by 7-Eleven, Inc., Lassus Bros. Oil, Inc., Gulf Oil Ltd. Partnership. (cd, )
September 19, 2005772AMENDED COMPLAINT against Amerada Hess Corp et al.Document filed by City of Lowell Massachusetts.(cd, )
September 22, 2005786Court Opinion or Order ORDER ADMITTING ATTORNEY John B Kearney and Paul F. Jenkins PRO HAC VICE to represent ST Linden Terminal LLC, upon payment of the required $25.00 fee. (Signed by Judge Shira A. Scheindlin on 9/22/05) (cd, )
September 22, 2005 Transmission to Attorney Admissions Clerk. Transmitted re: 786 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, )
September 23, 2005778First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 386 Notice of Interlocutory Appeal, filed by The State of New Hampshire, USCA Case Number 04-5974-cv; 04-6056-cv, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, )
September 23, 2005779Second Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 385 Notice of Interlocutory Appeal, filed by The People of the State of California, USCA Case Number 04-5974-cv; 04-6056-cv, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, )
September 27, 2005788LETTER addressed to Judge Scheindlin from John Guttman dated 9/22/05: that the Court grant its motion for protective order. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).(cd, )
September 27, 2005789NOTICE of Appearance by Christopher J. Garvey on behalf of Central Florida Pipeline Corporation (cd, )
September 27, 2005790NOTICE of Appearance by Christopher J. Garvey on behalf of Kinder Morgan Energy Partners, L.P., SFPP, L.P. (cd, )
September 29, 2005792Court Opinion or Order AGREED RULE 41(a)(2)ORDER OF DISMISSAL as to deft Dupre Transport, LLC. without prejudice. (Signed by Judge Shira A. Scheindlin on 9/27/05) (cd, )
October 3, 2005791Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE; Mark A. Turco and Nessa Horewitch are admitted to practice before this court pro hac vice on behalf of Sunoci, Inc. and Sunoco, Inc. in this civil action upon the deposit of the required $25.00 fee. (Signed by Judge Shira A. Scheindlin on 9/29/05) (dle, )
October 3, 2005 Transmission to Attorney Admissions Clerk. Transmitted re: 791 Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (dle, )
October 7, 2005793Court Opinion or Order OPINION AND ORDER # 92245 for the reasons set forth above, Judge Bernthal's Report is acceptedand plaintiffs' objections are denied. The Clerk of the Court is directed to close this motion (dockets#771). A conference is schedule for Novermber 15,2005, at 4:30 p.m. in Courtroom 15C. (Signed by Judge Shira A. Scheindlin on 10/6/2005) (jmi, )
October 13, 2005795NOTICE of Appearance by Daniel Mark Krainin on behalf of Sunoco, Inc., Sunoco, Inc. (R&M)
October 13, 2005796NOTICE of Appearance by Nessa E. Horewitch on behalf of Sunoco, Inc., Sunoco, Inc. (R&M)
October 18, 2005794RESPONSE to Amended Membership Questionnaire. Document filed by Petro-Diamond, Inc. (db, )
October 19, 2005797NOTICE of Appearance by Mark A. Turco on behalf of Sunoco, Inc., Sunoco, Inc. (R&M) (db, )
October 20, 2005798Disclosure of National and Regional Trade Assn Membership. Document filed by Fauser Oil Co. Inc. (cd, )
October 20, 2005799Disclosure of National and Regional Trade Ass'n Memberships. Document filed by Keck, Inc. (cd, )
October 20, 2005800Disclosure of National and Regional Trade Ass'n Memberships. Document filed by Mulgrew Oil Company. (cd, )
October 21, 2005801ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greewald dated 10/19/05 re: Counsel writes to request an extension of the page limit for their memorandum of law in opposition to defendants' motion for summary judgment on preemption and in support of their cross-motion for summary judgment on defendants' affirmative defense regarding federal preemption. Plaintiffs' request is hereby denied. Plaintiffs may file a memorandum of law in opposition to defendants' motion for summary judgment and in support of their cross motion for summary judgment of up to forty pages. (Signed by Judge Shira A. Scheindlin on 10/20/05) (jco, )
October 21, 2005802TRANSCRIPT of proceedings held on 10/7/05 before Judge Shira A. Scheindlin. (cd, )
October 21, 2005803TRANSCRIPT of proceedings held on 10/7/05 before Judge Shira A. Scheindlin. (cd, )
October 21, 2005804TRANSCRIPT of proceedings held on 10/7/05 before Judge Shira A. Scheindlin. (cd, )
October 21, 2005805Court Opinion or Order ORDER OF DISMISSAL without prejudice and with each party bearing its own costs.... (Signed by Judge Shira A. Scheindlin on 10/20/05) Filed In Associated Cases: 1:00-cv-01898-SAS,1:04-cv-04975-SAS(jf, )
October 21, 2005806Court Opinion or Order ORDER OF DISMISSAL AS TO DEFENDANT BP AMOCO CHEMICAL COMPANY, indiviually and formerly known as Amoco Chemical Company in the manner heretofore described, without prejudice and with each party bearing its own costs. Plaintiffs reserve all other rights as against all other defendant. (Signed by Judge Shira A. Scheindlin on 10/20/05) Filed In Associated Cases: 1:00-cv-01898-SAS,1:03-cv-09543-SAS,1:03-cv-09544-SAS,1:04-cv-01716-SAS,1:04-cv-01718-SAS, 1:04-cv-01719-SAS,1:04-cv-01720-SAS,1:04-cv-01721-SAS,1:04-cv-01722-SAS,1:04-cv-01726-SAS, 1:04-cv-01727-SAS,1:04-cv-02068-SAS,1:04-cv-02070-SAS,1:04-cv-02072-SAS,1:04-cv-02388-SAS, 1:04-cv-02389-SAS,1:04-cv-02390-SAS,1:04-cv-03412-SAS,1:04-cv-03413-SAS,1:04-cv-03415-SAS, 1:04-cv-03416-SAS,1:04-cv-03418-SAS,1:04-cv-03419-SAS,1:04-cv-03420-SAS,1:04-cv-04975-SAS, 1:04-cv-05421-SAS,1:04-cv-05422-SAS,1:04-cv-05423-SAS,1:04-cv-05424-SAS,1:04-cv-06993-SAS(jf, ) Modified on 10/27/2005 (jf, ).(Orig. fld in 00-1898).
October 25, 2005 CASHIERS OFFICE REMARK on 791 Order Admitting Attorney Pro Hac Vice, in the amount of $50.00, paid on 10/5/2005, Receipt Number 557181. (jd, )
October 26, 2005 CASHIERS OFFICE REMARK on 762 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 10/19/2005, Receipt Number 559018. (jd, )
October 27, 2005807ANSWER to the 6th Amended Complaint. Document filed by Mercury Fuel Service, Incorporated. Related document: 773 6th Amended Complaint.(cd, )
October 27, 2005808ANSWER to the Fifth Amended Complaint. Document filed by Mercury Fuel Service, Incorporated.(cd, )
October 27, 2005809ANSWER to the 6th Amended Complaint. Document filed by Mercury Fuel Service, Incorporated. Related document: 773 6th Amended Complaint.(cd, )
October 27, 2005810ANSWER to the Fifth Amended Complaint. Document filed by Mercury Fuel Service, Incorporated.(cd, )
October 27, 2005811ANSWER to the 7th Amended Complaint. Document filed by Mercury Fuel Service, Incorporated.(cd, )
October 27, 2005812ANSWER to the 6th Amended Complaint. Document filed by Buckley Energy Group, Ltd., Buckley Gasoline Marketers, Inc., Santa Fuel Inc., Santa Holding Company. Related document: 773 6th Amended Complaint.(cd, )
October 27, 2005813ANSWER to the 5th Amended Complaint. Document filed by Buckley Energy Group, Ltd., Buckley Gasoline Marketers, Inc., Santa Fuel Inc., Santa Holding Company.(cd, )
October 27, 2005814ANSWER to the 6th Amended Complaint. Document filed by Santa Fuel Inc., Santa Holding Company. Related document: 773 6th Amended Complaint.(cd, )
October 27, 2005815ANSWER to the 5th Amended Complaint. Document filed by Buckley Energy Group, Ltd., Buckley Gasoline Marketers, Inc., Santa Fuel Inc., Santa Holding Company.(cd, )
October 27, 2005816ANSWER to the 7th Amended Complaint. Document filed by Buckley Energy Group, Ltd., Buckley Gasoline Marketers, Inc., Santa Fuel Inc., Santa Holding Company.(cd, )
October 31, 2005817Court Opinion or Order ORDER: Plaintiffs shall resubmit their affidavits and exhibits in support of plaintiffs' opposition to defendants' motion for summary judgment on preemption and plaintiffs' cross-motion for summary judgment striking defendants' affirmative defense regarding federal preemption. Plaintiffs shall submit no more than 5 affidavits in support of their motion. Each affidavit is limited to 10 double-spaced pages. Plaintiffs shall submit no more than 39 exhibits total in support of their motion. Each exhibit is limited to no more than 15 pages. In addition, each exhibit shall be submitted with a side tab and shall be numbered or lettered consistently. Parties are advised to consult this Court's individual rules and procedures before making future submissions. (Signed by Judge Shira A. Scheindlin on 10/27/2005) (lb, )
October 31, 2005818Court Opinion or Order ORDER; (case management order #13) all discovery outlined in this order shall be conducted and finalized by the end of December 2005. Defendats' motion due by 1/27/06, plaintiff's opposition due by 2/24/06, and defendant's reply due by 3/20/06. (Signed by Judge Shira A. Scheindlin on 10/27/05) (kco, )
October 31, 2005 Set/Reset Deadlines: Motions due by 1/27/2006. Replies due by 3/20/2006. Responses due by 2/24/2006 (kco, )
November 2, 2005819Court Opinion or Order AGREED ORDER OF DISMISSAL: Plaintiffs and Defendant International-Matex Tank Terminals respectfully request that the Court enter this voluntary dismissal. Plaintiffs and Defendant International-Matex Tank Terminals agree to the dismissal and that such dismissal is without prejudice, with each party to bear its own attorney's fees and costs. (Signed by Judge Shira A. Scheindlin on 10/31/2005) (lb, )
November 3, 2005822MOTION (FILED ON SERVICE DATE) to Strike plntfs' cross-motion for summary judgment striking defts' affirmative defense regarding Federal Preemption, file by all defendants. (cd, )
November 3, 2005823MEMORANDUM OF LAW in Support re: 822 MOTION (FILED ON SERVICE DATE) to Strike Document No. [plntfs' cross-motion for summary judgment striking defts' affirmative defense regarding Federal Preemption]. (cd, )
November 9, 2005820Court Opinion or Order CASE MANAGEMENT ORDER #14: ExxonMobil's motion for costs, expenses and reasonable attorney's fees in connection with its motion to compel Sheng-Lu Soong's deposition attendance is denied. UWNY's motion for costs, fees and sanctions is denied. Suffolk County Water Authority shall file its motion on the applicability of Causation Theories by 12/16/2005. Responses due by 1/27/2006. Replies due by 2/13/2006. All other rulings are set forth in this order. (Signed by Judge Shira A. Scheindlin on 11/7/2005) (lb, )
November 9, 2005821MEMORANDUM AND OPINION # 92380 re: 766 MOTION (FILED ON SERVICE DATE) to Dismiss filed by Gulf Oil Ltd. Partnership, 7-Eleven, Inc., Lassus Bros. Oil, Inc. For the reasons set forth above, the downstream handler defendants' motion to dismiss the Indiana complaints is granted in part and denied in part. Plaintiff's have stated cognizable claims for negligence, public and private nuisance, trespass, and recovery of costs under the IELA as to the downstream handler defendants. Plaintiffs' claims of damages resulting from civil conspiracy as to the downstream handler defendants are dismissed with prejudice. The Clerk of the Court is directed to close this motion [doc #766]. A conference is scheduled for 11/15/05 at 4:30 p.m. in courtroom 15C. (Signed by Judge Shira A. Scheindlin on 11/7/05) (kco, )
November 10, 2005824NOTICE of Appearance by Matthew Forte Pawa on behalf of City of Riverside (cd, )
November 15, 2005825Court Opinion or Order ORDER; that the application is granted and that Benjamin A. Krass is hereby admitted as counsel pro hac vice for plaintiff City of Riverside in this action. (Signed by Judge Shira A. Scheindlin on 11/10/05); (this document relates to: 04cv4569 (SAS). (pl, )
November 17, 2005826STIPULATION; this stipulation shall apply to all named pltfs and their respective counsel, except those cases stayed as of the date of this stipulation for reasons other than transfer to MDL 1598.......... (Signed by Judge Shira A. Scheindlin on 11/16/05) (kco, )
November 17, 2005828NOTICE of Appearance by Benjamin Arthur Krass on behalf of City of Riverside (cd, )
November 18, 2005827CASE MANAGEMENT PLAN:.. The court is considertion a separate schedule for discovery and motion practice in the following four cases: 05 cv 7269, 05 cv 5745, 03 cv 9050 and 03 cv 8348; Parties shall meet and confer and propose a schedule to the Court by the next status conference on December 20, 2005. Parties in Koch, et al. v. Hicks, et al., 05 cv 5745 are directed to submit directly to this Court any motions which have been made and that are now pending before this Court by Nov. 28, 2005....; see document for further deadline schedules. (Signed by Judge Shira A. Scheindlin on 11/17/05) (djc)) Modified on 11/18/2005 (djc, ).
November 18, 2005829ANSWER to Complaint. Document filed by Kinder Morgan Energy Partners, L.P., SFPP, L.P.(cd, )
November 18, 2005833Court Opinion or Order CASE MANAGMENT ORDER NO. 16 (Deposition Protocol). (Signed by Judge Shira A. Scheindlin on 11/18/05) (pl, )
November 21, 2005 CASHIERS OFFICE REMARK on 825 Order, in the amount of $25.00, paid on 11/18/2005, Receipt Number 562222. (jd, )
November 22, 2005830Court Opinion or Order ORDER Rebecca Schuller and Michael Henderson are admitted to practice before this court pro hac vice on behalf of Chevron U.S.A., Inc., Equilon Enterprises LlC, Equiva Trading Company, Four Star Oil & Gas Company, Gulf Oil Corp., Motiva Enterprises LLC, TRMI Holdings, Inc., Texaco Inc, Texaco Refining and Marketing Inc., Shell Oil Company, Shell Oil Products Company, Shell Petroleum, Inc. and Star Enterprise in this civil action upon the deposit of the required $25.00 fee per applicant ($50 total) to the clerk of this court. (Signed by Judge Shira A. Scheindlin on 12/18/05) (dle, )
November 22, 2005 Transmission to Attorney Admissions Clerk. Transmitted re: 830 Order,,, to the Attorney Admissions Clerk for updating of Attorney Information. (dle, )
November 22, 2005831Court Opinion or Order ORDER; case management order # 16, this order shall apply to all named plaintiffs and their respective counsel and all defendants and their respective counsel and in each of the individual actions that have been or which may be consolidated as part of MDL 1358 as set forth in this order. (Signed by Judge Shira A. Scheindlin on 11/18/05) (kco, )
November 29, 2005832Court Opinion or Order ORDER; re: 822 Motion to Strike Document No. 822 is closed as moot.. (Signed by Judge Shira A. Scheindlin on 11/22/05) (pl, )
December 2, 2005834MOTION (FILED ON SERVICE DATE) for Craig A. Caldwell and Tom H. Bailey of Porter Scott et al to Withdraw as Attorney. Document filed by Warner Petroleum Inc. (cd, )
December 2, 2005835THIRD PARTY COMPLAINT against A&A McHenry, Inc., Charles Werth.Document filed by Lyondell Chemical Company, Equistar Chemicals, LP.(cd, )
December 2, 2005836THIRD PARTY COMPLAINT against A&A McHenry, Inc., Charles Werth.Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).(cd, )
December 2, 2005837THIRD PARTY COMPLAINT against A&A McHenry, Inc., Charles Werth.Document filed by Exxon Mobil Corporation.(cd, )
December 5, 2005843NOTICE OF APPEARANCE by Steven R. Gustavson on behalf of Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company (cd, )
December 5, 2005844THIRD PARTY COMPLAINT against Charles Werth.Document filed by Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company.(cd, )
December 5, 2005845fld Pre-Trial Order #18 (Theatened WellCriteria and Service Station Selection), singed by Kenneth E. Warner, special master. (cd, )
December 6, 2005841SUPPLEMENTAL MOTION (FILED ON SERVICE DATE) to Dismiss as to counts I, II, and V. Document filed by Exxon Mobil Corporation. (cd, )
December 6, 2005842MEMORANDUM OF LAW in Support re: 841 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Exxon Mobil Corporation. (cd, )
December 7, 2005846THIRD PARTY COMPLAINT against A&A McHenry, Inc., Charles Werth.Document filed by Shell Oil Products Company, Texaco Inc., Chevron U.S.A., Inc., Shell Oil Company, Shell Petroleum, Inc., Shell Trading (US) Company.(cd, )
December 8, 2005838Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Larry M. Arnold for Southern Countries Oil Co. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 12/6/2005) (lb, )
December 8, 2005839Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney W. Grey Zimmerman for Southern Countries Oil Co. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 12/6/05) (kco, )
December 8, 2005 Transmission to Attorney Admissions Clerk. Transmitted re: 838 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (lb, )
December 8, 2005840Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Andrew Gendron for Exxon Mobil Corporation, Michael J. De Vinne for Exxon Mobil Corporation admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 12/7/05) This Document Relates to: 05civ5745.(sac, )
December 8, 2005 Transmission to Attorney Admissions Clerk. Transmitted re: 840 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (sac, )
December 13, 2005847Court Opinion or Order ORDER ADMITTING ATTORNEY Lon C. Engel PRO HAC VICE, on behalf of plntfs. (relates to 05-5745) (Signed by Judge Shira A. Scheindlin on 12/5/05) (cd, )
December 13, 2005 Transmission to Attorney Admissions Clerk. Transmitted re: 847 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, )
December 20, 2005848Court Opinion or Order AGREED ORDER OF DISMISSAL; the City voluntarily dismisses without prejudice its complaint in this case against only defendants BP America Inc. and BP Corporation North America Inc. and reserves all of its rights against all other defendants. (Signed by Judge Shira A. Scheindlin on 12/13/0) (kco, )
December 22, 2005849Court Opinion or Order CASE MANAGEMENT PLAN/ORDER #17 (December 20, 2005 Status Conference Orders): Motions due by 12/16/2005. Responses due by 3/7/2005 Replies due by 4/7/2006. See document for further discovery deadlines. (Signed by Judge Shira A. Scheindlin on 12/22/05) (djc)
December 23, 2005851Court Opinion or Order CASE MANAGEMENT ORDER #17 (12/20/05 status conf order)re discovery as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 12/22/05) (cd, )
December 28, 2005850Court Opinion or Order CASE MANAGEMENT PLAN #18 (SCHEDULING ORDER FOR PRIVATE WELL CASES): Motions due by 10/13/2006. Responses due by 11/13/2006. Replies due by 12/11/2006. Discovery due by 12/4/2006. (Signed by Judge Shira A. Scheindlin on 12/28/2005) (lb, )
December 28, 2005852Court Opinion or Order CASE MANAGEMENT ORDER #18 (scheduling order for private well cases, re discovery as further set forth in this document) (Signed by Judge Shira A. Scheindlin on 1/28/05) (cd, )
December 29, 2005853Court Opinion or Order ORDER ADMITTING ATTORNEY Pamela A. Howleet PRO HAC VICE for The Premcor Refining Group. (Signed by Judge Shira A. Scheindlin on 12/27/05)(cd, )
December 29, 2005 Transmission to Attorney Admissions Clerk. Transmitted re: 853 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, )
December 30, 2005854AFFIDAVIT OF SERVICE re Amended Complaint as to deft John R. Hicks. (cd, )
December 30, 2005855AFFIDAVIT OF SERVICE re Amended Complaint as to deft Exxon Mobil Corp, filed by Hope Koch et al. (cd, )
January 4, 2006856Court Opinion or Order ORDER appointing Professor Richard L. Marcus (Hastings College) as Special Master, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/3/06) (cd, )
January 4, 2006857Court Opinion or Order AMENDED ORDER, Case Management Order #17 (the 12/20/05 status conference order) re discovery, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/3/06) (cd, )
January 9, 2006862THIRD AMENDED COMPLAINT against Atlantic Richfield Company, Amerada Hess Corp et al.Document filed by M & P Silver Family Partners II.(cd, )
January 13, 2006858Court Opinion or Order ORDER At the joint request of the parties, Professor Richard L. Marcus is appointed to resolve any discovery disputes that result from the depositions being taken for the purposes of preparing a motion on the statute of limitations. This appointment is made pursuant to the provisions and terms contained in the COurt's Order of January 3,2006. (Signed by Judge Shira A. Scheindlin on 1/12/2006) (jmi, )
January 13, 2006861Court Opinion or Order ORDER ADMITTING ATTORNEY M. Cristina Sanchez PRO HAC VICE, on behalf of all plaintffs. (Signed by Judge Shira A. Scheindlin on 1/12/06) (cd, )
January 16, 2006863MOTION (FILED ON SERVICE DATE) to Dismiss the Amended Complaint. Document filed by Exxon Mobil Corporation. (cd, )
January 18, 2006859TRANSCRIPT of proceedings held on 11/15/05 before Judge Shira A. Scheindlin. (cd, )
January 18, 2006860TRANSCRIPT of proceedings held on 12/20/05 before Judge Shira A. Scheindlin. (cd, )
January 18, 2006 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 9/8/05, Receipt Number 554436. (cd, )
January 18, 2006 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 12/28/05, Receipt Number 565212 re pro hac vice admission of Pamela A. Howlett. (cd, )
January 18, 2006 CASHIERS OFFICE REMARK in the amount of $50.00, paid on 10/6/05, Receipt Number 557256 re pro hac vice admission of John B. Kearney and Paul F. Jenkins. (cd, )
January 20, 2006864MEMORANDUM OF LAW in Support re: 863 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Mobil Corporation.
January 20, 2006865MOTION (FILED ON SERVICE DATE) for Rebecca L. Bouchard to Withdraw as Attorney. Document filed by La Gloria Oil and Gas Company, Crown Central Petroleum Corporation.
January 23, 2006867MOTION (FILED ON SERVICE DATE) to Dismiss all counts purs to FRCP 56. Document filed by Exxon Mobil Corporation.
January 23, 2006869RULE 56.1 STATEMENT. Document filed by Exxon Mobil Corporation.
January 23, 2006870MEMORANDUM OF LAW in Support re: 867 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Exxon Mobil Corporation.
January 23, 2006871MOTION (FILED ON SERVICE DATE) to Dismiss on political question grounds. Document filed by Sunoco, Inc and Sunoco, Inc. (R&M).
January 23, 2006872DECLARATION of Daniel Krainin in Support re: 871 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).
January 23, 2006873MEMORANDUM OF LAW in Support re: 871 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).
January 24, 2006866NOTICE of Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P. Case dismissed as to defendant Amerada Hess Corporation with prejudice, each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 1/23/06) (kco, )
January 26, 2006874SUPPLEMENTAL RULE 7.1 DISCLOSURE STATEMENT. Document filed by 7-Eleven, Inc.(cd, )
January 27, 2006875MOTION (FILED ON SERVICE DATE) to Dismiss without prejudice., MOTION (FILED ON SERVICE DATE) to Stay plntfs' claims for injunctive and declaratory relief. Document filed by Amerada Hess Corp.
January 27, 2006876DECLARATION of Charles McLane III in Support re: 875 MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) to Stay.. Document filed by Amerada Hess Corp et al(cd, )
January 27, 2006878MEMORANDUM OF LAW in Support re: 875 MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) to Stay. Document filed by Amerada Hess Corp. et al. (cd, )
January 27, 2006879JOINDER in Motionfor Stay or Dismissal based on Primary Jurisdiction. Document filed by 7-Eleven, Inc.(cd, )
February 1, 2006888MOTION (FILED ON SERVICE DATE) for Joinder in (1) Motion for STay or dismissal without prejudice based on primary jurisdiction and (2) Motion for summary judgment of plntf's claims claims for damages et al. Document filed by Petro-Diamond, Inc. (cd, )
February 3, 2006880MEMORANDUM OF LAW in Opposition re: deft Hicks' Motion to Dismiss the Koch First Amended Complaint. (cd, )
February 3, 2006881MEMORANDUM OF LAW in Support of their Oppositon to deft Exxon Mobil Motion to Dismiss. (cd, )
February 3, 2006882AFFIRMATION of Scott Shellenberger in Opposition to deft Hicks' Motion to Dismiss the Amended Complaint. (cd, )
February 3, 2006883MEMORANDUM OF LAW in Opposition re: 863 MOTION to Dismiss of deft Exxon Mobil. (cd, )
February 9, 2006884Court Opinion or Order ORDER: Lawrence A. Riff is admitted to practice before this Court pro hac vice on behalf of all defendants in this civil action upon the deposit of the required $25.00 fee per applicant to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 2/8/2006) (lb, )
February 9, 2006885Court Opinion or Order ORDER: Brian A. McGill is admitted to practice before this Court pro hac vice on behalf of all defendants in this civil action upon the deposit of the required $25.00 fee per applicant to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 2/8/2006) (lb, )
February 9, 2006886Court Opinion or Order ORDER: Paul W. Ishack is admitted to practice before this Court pro hac vice on behalf of all defendants in this civil action upon the deposit of the required $25.00 fee per applicant to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 2/8/2006) (lb, )
February 9, 2006 Transmission to Attorney Admissions Clerk. Transmitted re: 885 Order Admitting Attorney Pro Hac Vice,, 886 Order Admitting Attorney Pro Hac Vice,, 884 Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (lb, )
February 10, 2006887Court Opinion or Order ORDER: The Declaration of P. Renee Wicklund in support of defendants' motion to dismiss or to stay plaintiffs' claims for injunctive and declaratory relief based on the doctrine of primary jurisdiction, with accompanying exhibits, (docket # 877) shall be placed under seal. (Signed by Judge Shira A. Scheindlin on 2/9/2006) (lb, )
February 14, 2006901MOTION (FILED ON SERVICE DATE) for Joinder in defts motions for summary judgment of plntf's claims for damages etc. Document filed by Citgo Petroleum Corporation. (cd, )
February 15, 2006889Court Opinion or Order ORDER: the Declaration of James A. Pardo in support of defendants motion for summary judgment on all claims for lack of justiciability, with accompanying exhibits, (Docket #868) shall be placed under seal. (Signed by Judge Shira A. Scheindlin on 2/13/06) (db, ) Modified on 2/16/2006 (db, ). Filed In Associated Cases: 1:04-cv-02389-SAS,1:04-cv-03417-SAS,1:04-cv-05424-SAS
February 15, 2006898MOTION (FILED ON SERVICE DATE) for Joinder in Defts' Motion for Summary Judgment. Document filed by Unocal Corporation. (cd, )
February 15, 2006899DECLARATION of Elizabeth Weaver in Support re: 898 MOTION (FILED ON SERVICE DATE) for Joinder.. Document filed by Unocal Corporation, Union Oil Company of California.
February 15, 2006900RULE 56.1 STATEMENT. Document filed by Unocal Corporation, Union Oil Company of California.
February 15, 2006937MEMO ENDORSEMENT to request for leave to withdraw. (Signed by Judge Shira A. Scheindlin on 3/1/2006) (jmi, )
February 16, 2006890NOTICE of of Joinder in Motion for Summary Judgment based on the Statute of Limitations. Document filed by Flint Hills Resources, LP. (db, )
February 16, 2006895MOTION (FILED ON SERVICE DATE) for Joinder in defts Motion for Stay or dismissal without prejudice. Document filed by USA Gasoline Corporation,.
February 16, 2006896MOTION (FILED ON SERVICE DATE) for Joinder in Defts' Motion for Summary Judgment of plntf's claims for damages. Document filed by USA Gasoline Corporation,.
February 16, 2006897MOTION (FILED ON SERVICE DATE) for Joinder in Defts' Motion for Summarry Judgment Motion based on the statue of limitations. Document filed by USA Gasoline Corporation,.
February 16, 2006902THIRD PARTY COMPLAINT against The Town of Highlands, New York.Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).(cd, )
February 16, 2006907MOTION (FILED ON SERVICE DATE) for Summary Judgment based on the statute of limitations. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation, Equilon Enterprises LLC. (cd, )
February 16, 2006908RULE 56.1 STATEMENT. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation. et al
February 16, 2006909DECLARATION of Peter Condron in Support re: 907 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation et al.
February 16, 2006910MEMORANDUM OF LAW in Support re: 907 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation et al. (cd, )
February 17, 2006911MOTION (FILED ON SERVICE DATE) for Summary Judgment based on the statute of limitations. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (cd, )
February 17, 2006912DECLARATION of William Costley in Support re: 911 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (cd, )
February 17, 2006913DECLARATION of Melanie Sartoris in Support re: 911 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC.
February 17, 2006914RULE 56.1 STATEMENT. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (cd, )
February 17, 2006915MEMORANDUM OF LAW in Support re: 911 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (cd, )
February 17, 2006916REPLY MEMORANDUM OF LAW in Support re: 867 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Exxon Mobil Corporation.
February 22, 2006 CASHIERS OFFICE REMARK on 885 Order Admitting Attorney Pro Hac Vice,, 886 Order Admitting Attorney Pro Hac Vice,, 884 Order Admitting Attorney Pro Hac Vice, in the amount of $75.00, paid on 2/10/2006, Receipt Number 569850. (jd, )
February 22, 2006 CASHIERS OFFICE REMARK in the amount of $50.00, paid on 2/10/2006, Receipt Number 569793. payment for rebecca l schuller and michael henderson. (jd, )
February 22, 2006917MEMORANDUM OF LAW in Opposition re: defts' Motion to dismiss on political grounds. (cd, )
February 22, 2006918MOTION to Strike Affidaivtis of Ed Whitelaw and Todd Sneller. Document filed by Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Petroleum Corporation.
February 22, 2006919MEMORANDUM OF LAW in Support re: 918 MOTION to Strike. Document filed by Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Petroleum Corporation.
February 22, 2006920MEMORANDUM OF LAW in Opposition to defts' Motion for Summary Judgment on conflict preemption, filed by plaintiffs.
February 22, 2006921AFFIDAVIT of Ed Whitelaw in Support re: 920 Memorandum of Law in Oppisition to Motion, filed by plaintiffs. (cd, )
February 22, 2006922AFFIDAVIT of Todd Sneller in Support re: 920 Memorandum of Law in Oppisition to Motion, filed by plaintiffs. (cd, )
February 22, 2006923MOTION (FILED ON SERVICE DATE) for Summary Judgment on conflict preemption. Document filed by Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Petroleum Corporation.
February 22, 2006924RULE 56.1 STATEMENT. Document filed by Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Petroleum Corporation.
February 22, 2006925MEMORANDUM OF LAW in Support re: 923 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Petroleum Corporation.
February 22, 2006927REPLY to Response to Motion re: 923 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Petroleum Corporation. (cd, )
February 23, 2006891MOTION (FILED ON SERVICE DATE) for an order, granting Summary Judgment dismissing all counts against Defendants identified at Appendix A to the Memorandum. Document filed by Amerada Hess Corporation, Atlantic Richfield Company, Ashland Inc., BP Products North America Inc., CITGO Petroleum Corporation, CITO Refining and Chemicals Company, L.P., Chevron Texaco Corporation, Chevron USA Inc., Coastal Eagle Point Oil Company, Coastal Oil New England, Inc., Colorado Refining Company, ConocoPhilips Company, Crown Central Petroleum Corporation, El Paso Merchant-Engergy Petroleum Company, Equilon Enterprises, LLC, Equistar Chemicals LP, Exxon Chemical U.S.A., Exxon Corporation, ExxonMobil Corporation, Exxon Mobil Chemical Company, Inc., Exxon Mobil Chemical Corporation, Exxon Mobil Chemical U.S.A., Exxon Mobil Oil Corporation, Exxon Mobil Pipe Line Company, Exxon Mobil Refining and Supply Company, Flint Hills Resources, LP, Getty Properties Corporation, Getty Petroleum Marketing Inc., Giant Yorktown, Inc., Gulf Oil Limited Partnership, Irving Oil Limited, Irving Oil Corporation, La Gloria Oil and Gas Company, Leemilt's Petroleum Inc., Lyondell Chemical Company Marathan Oil Company, Marathon Petroleum Company, Mobil Chemical Company, Inc., Mobil Corporation, Mobil Oil Corporation, Motiva Enterprises, LLC, PDV Midwest Refining, L.L.C., Shell Oil Company, Shell Oil Products Company, Shell Oil Products Company, LLC, Shell Petroleum, Inc., Shell Trading (US) Company, Sunoco, Inc., Sunoco, Inc. (R&M) Texaco Inc., Texaco Inc., Texaco Refining and Marketing Inc., Texaco Refining and Marketing (East) Inc., The Premcor Refining Group Inc., TMR Company, TOTAL PETROCHEMICALS USA, INC., TPI Petroleum, Inc., Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining and Marketing Company, Valero Refining Company. (This Document Relates to: 04civ2389)... Received in the night deposit box on 2/23/06 at 7:15 p.m.. (sac, )
February 23, 2006892MEMORANDUM OF LAW in Support re: 891 MOTION (FILED ON SERVICE DATE) for an order, granting Summary Judgment dismissing all counts against Defendants identified at Appendix A to the Memorandum. Document filed by Amerada Hess Corporation, Atlantic Richfield Company, Ashland Inc., BP Products North America Inc., CITGO Petroleum Corporation, CITO Refining and Chemicals Company, L.P., Chevron Texaco Corporation, Chevron USA Inc., Coastal Eagle Point Oil Company, Coastal Oil New England, Inc., Colorado Refining Company, ConocoPhilips Company, Crown Central Petroleum Corporation, El Paso Merchant-Engergy Petroleum Company, Equilon Enterprises, LLC, Equistar Chemicals LP, Exxon Chemical U.S.A., Exxon Corporation, ExxonMobil Corporation, Exxon Mobil Chemical Company, Inc., Exxon Mobil Chemical Corporation, Exxon Mobil Chemical U.S.A., Exxon Mobil Oil Corporation, Exxon Mobil Pipe Line Company, Exxon Mobil Refining and Supply Company, Flint Hills Resources, LP, Getty Properties Corporation, Getty Petroleum Marketing Inc., Giant Yorktown, Inc., Gulf Oil Limited Partnership, Irving Oil Limited, Irving Oil Corporation, La Gloria Oil and Gas Company, Leemilt's Petroleum Inc., Lyondell Chemical Company Marathan Oil Company, Marathon Petroleum Company, Mobil Chemical Company, Inc., Mobil Corporation, Mobil Oil Corporation, Motiva Enterprises, LLC, PDV Midwest Refining, L.L.C., Shell Oil Company, Shell Oil Products Company, Shell Oil Products Company, LLC, Shell Petroleum, Inc., Shell Trading (US) Company, Sunoco, Inc., Sunoco, Inc. (R&M) Texaco Inc., Texaco Inc., Texaco Refining and Marketing Inc., Texaco Refining and Marketing (East) Inc., The Premcor Refining Group Inc., TMR Company, TOTAL PETROCHEMICALS USA, INC., TPI Petroleum, Inc., Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining and Marketing Company, Valero Refining Company. (This Document Relates to: 04civ2389)... Received in the night deposit box on 2/23/06 at 7:16 p.m.. (sac, )
February 23, 2006893RULE 56.1 STATEMENT. Document filed by Amerada Hess Corporation, Atlantic Richfield Company, Ashland Inc., BP Products North America Inc., CITGO Petroleum Corporation, CITO Refining and Chemicals Company, L.P., Chevron Texaco Corporation, Chevron USA Inc., Coastal Eagle Point Oil Company, Coastal Oil New England, Inc., Colorado Refining Company, ConocoPhilips Company, Crown Central Petroleum Corporation, El Paso Merchant-Engergy Petroleum Company, Equilon Enterprises, LLC, Equistar Chemicals LP, Exxon Chemical U.S.A., Exxon Corporation, ExxonMobil Corporation, Exxon Mobil Chemical Company, Inc., Exxon Mobil Chemical Corporation, Exxon Mobil Chemical U.S.A., Exxon Mobil Oil Corporation, Exxon Mobil Pipe Line Company, Exxon Mobil Refining and Supply Company, Flint Hills Resources, LP, Getty Properties Corporation, Getty Petroleum Marketing Inc., Giant Yorktown, Inc., Gulf Oil Limited Partnership, Irving Oil Limited, Irving Oil Corporation, La Gloria Oil and Gas Company, Leemilt's Petroleum Inc., Lyondell Chemical Company Marathan Oil Company, Marathon Petroleum Company, Mobil Chemical Company, Inc., Mobil Corporation, Mobil Oil Corporation, Motiva Enterprises, LLC, PDV Midwest Refining, L.L.C., Shell Oil Company, Shell Oil Products Company, Shell Oil Products Company, LLC, Shell Petroleum, Inc., Shell Trading (US) Company, Sunoco, Inc., Sunoco, Inc. (R&M) Texaco Inc., Texaco Inc., Texaco Refining and Marketing Inc., Texaco Refining and Marketing (East) Inc., The Premcor Refining Group Inc., TMR Company, TOTAL PETROCHEMICALS USA, INC., TPI Petroleum, Inc., Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining and Marketing Company, Valero Refining Company. (This Document Relates to: 04civ2389)... Received in the night deposit box on 2/23/06 at 7:15 p.m.. (sac, )
February 23, 2006894DECLARATION of James A. Pardo in Support re: 891 ?MOTION (FILED ON SERVICE DATE) for an order, granting Summary Judgment dismissing all counts against Defendants identified at Appendix A to the Memorandum. Document filed by Amerada Hess Corporation, Atlantic Richfield Company, Ashland Inc., BP Products North America Inc., CITGO Petroleum Corporation, CITO Refining and Chemicals Company, L.P., Chevron Texaco Corporation, Chevron USA Inc., Coastal Eagle Point Oil Company, Coastal Oil New England, Inc., Colorado Refining Company, ConocoPhilips Company, Crown Central Petroleum Corporation, El Paso Merchant-Engergy Petroleum Company, Equilon Enterprises, LLC, Equistar Chemicals LP, Exxon Chemical U.S.A., Exxon Corporation, ExxonMobil Corporation, Exxon Mobil Chemical Company, Inc., Exxon Mobil Chemical Corporation, Exxon Mobil Chemical U.S.A., Exxon Mobil Oil Corporation, Exxon Mobil Pipe Line Company, Exxon Mobil Refining and Supply Company, Flint Hills Resources, LP, Getty Properties Corporation, Getty Petroleum Marketing Inc., Giant Yorktown, Inc., Gulf Oil Limited Partnership, Irving Oil Limited, Irving Oil Corporation, La Gloria Oil and Gas Company, Leemilt's Petroleum Inc., Lyondell Chemical Company Marathan Oil Company, Marathon Petroleum Company, Mobil Chemical Company, Inc., Mobil Corporation, Mobil Oil Corporation, Motiva Enterprises, LLC, PDV Midwest Refining, L.L.C., Shell Oil Company, Shell Oil Products Company, Shell Oil Products Company, LLC, Shell Petroleum, Inc., Shell Trading (US) Company, Sunoco, Inc., Sunoco, Inc. (R&M) Texaco Inc., Texaco Inc., Texaco Refining and Marketing Inc., Texaco Refining and Marketing (East) Inc., The Premcor Refining Group Inc., TMR Company, TOTAL PETROCHEMICALS USA, INC., TPI Petroleum, Inc., Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining and Marketing Company, Valero Refining Company. (This Document Relates to: 04civ2389)... Received in the night deposit box on 2/23/06 at 7:16 p.m.. (sac, )
February 24, 2006904PLAINTIFF'S OPPOSITION TO DEFENDANTS' MEMORANDUM OF LAW in Support re: 875 MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) to Stay.. Document filed by All Plaintiffs. (jmi, )
February 24, 2006905DECLARATION of William A. Yulinsky, P.E.. Document filed by All Plaintiffs. (jmi, )
February 24, 2006906DECLARATION of C. Sanders McNew. Document filed by All Plaintiffs. (jmi, )
February 27, 2006928MEMORANDUM OF LAW in Opposition to Defts' Motion for Summary Judgment of plntf's Claims Based on plntf's lack of cognizable interest. Document filed by Orange County Water District.
February 27, 2006929DECLARATION of Michael Axline in Support re: 928 Memorandum of Law in Oppisition, filed by Plaintffs. Document filed by Orange County Water District.
February 27, 2006930RULE 56.1 STATEMENT. Document filed by Orange County Water District.
February 27, 2006931MEMORANDUM OF LAW in Opposition to Defts' Motion for Stay or Dismissal Without Prejudice Based on Primary Jurisdiction.
February 27, 2006932DECLARATION of Roy Herndon in Support re: 931 Memorandum of Law in Oppisition to Motion.
February 27, 2006933DECLARATION of Michael Axline in Support re: 931 Memorandum of Law in Opposition to Motion.
February 27, 2006934MOTION (FILED ON SERVICE DATE) for Joinder re defts Motion for Summary Judgment on statute of limitations grounds. Document filed by Gulf Oil Ltd. Partnership.
February 27, 2006935MOTION (FILED ON SERVICE DATE) to Seal declaration of Scott Pasternack in support of plntfs opposition to defts' motion for summary judgment for lack of justiciability. Document filed by The City of New York.
February 27, 2006951MOTION (FILED ON SERVICE DATE) to Seal declaration of Peter Condron in support of defts' Motion for Summary Judgment, filed by defendants.
February 28, 2006926PLAINTIFFS' COUNTER STATEMENT TO 924 Rule 56.1 Statement.
March 1, 2006939MEMORANDUM OF LAW in Opposition re: defts' motion for summary judgment of plntf's claims for damages based on MTBE detections below the secondary MCI. Document filed by Orange County Water District.
March 1, 2006940MEMORANDUM OF LAW in Support re: 939 Memorandum of Law in Oppisition to Motion. Document filed by Orange County Water District.
March 1, 2006941DECLARATION of Roy Herndon in Support re: 940 Memorandum of Law in Support. Document filed by Orange County Water District.
March 1, 2006942RULE 56.1 STATEMENT. Document filed by Orange County Water District. Filed
March 1, 2006943DECLARATION of Carla Burke in Support re: opposition to defts' Motion for Summary Judgment on all claims for lack of justiciability.
March 1, 2006944DECLARATION of Michael Principe in Support re plntfs' opposition to defts' motion for summary judgment on all cliams for lack of justiciability. Filed In
March 1, 2006945RESPONSE to Motion re: summary judgment on all claims for lack of jursticiability (cd, )
March 1, 2006946RULE 56.1 STATEMENT, filed by plntfs, in opposition to defts' motion for summary judgment for lack of justiciability.
March 1, 2006948MOTION (FILED ON SERVICE DATE) to Strike portions of deft Hick's Reply., MOTION (FILED ON SERVICE DATE) for Leave to File Surreply to det Hicks' Motion to Dismiss the Amended Complaint. Document filed by Koch Industries, Inc..
March 1, 2006949MEMORANDUM OF LAW in Support re: 948 MOTION (FILED ON SERVICE DATE) to Strike. MOTION (FILED ON SERVICE DATE) for Leave to File Surreply to det Hicks' Motion to Dismiss the Amended Complaint.. Document filed by Koch Industries, Inc..
March 1, 2006950DECLARATION of Michael Axline in Support re: 928 Memorandum of Law in Opposition. Document filed by All Plaintiffs.
March 1, 2006952MOTION (FILED ON SERVICE DATE) for Joinder in Motin for Summary Judgment on all claims for lack of justiciability. Document filed by Total Petrochemicals USA, Inc.
March 1, 2006953MOTION (FILED ON SERVICE DATE) for Stay or dismissal without prejudice based on primary jurisdiction. Document filed by Atlantic Richfield Company et al.
March 1, 2006954DECLARATION of Jon Anderson in Support re: 953 MOTION (FILED ON SERVICE DATE) to Stay.. Document filed by Atlantic Richfield Company.
March 1, 2006955DECLARATION of Marla Guensler in Support re: 953 MOTION (FILED ON SERVICE DATE) to Stay.. Document filed by Atlantic Richfield Company.
March 1, 2006956DECLARATION of Dana Thurman in Support re: 953 MOTION (FILED ON SERVICE DATE) to Stay.. Document filed by Atlantic Richfield Company.
March 1, 2006957DECLARATION of Dan Fischman in Support re: 953 MOTION (FILED ON SERVICE DATE) to Stay.. Document filed by Atlantic Richfield Company.
March 1, 2006958MEMORANDUM OF LAW in Support re: 953 MOTION (FILED ON SERVICE DATE) to Stay. Document filed by Atlantic Richfield Company.
March 1, 2006960MEMORANDUM OF LAW in Support re: 959 MOTION (FILED ON SERVICE DATE) for Summary Judgment. Document filed by Amerada Hess Corp et al.
March 1, 2006961DECLARATION of William Cain in Support of plntfs' oppostiions to defts' motions for summary judgment based on MTBE detections below the secondary MCI. Document filed by All Plaintiffs.
March 1, 2006966DECLARATION of Donald Distante in Opposition re: 952 MOTION (FILED ON SERVICE DATE) for Joinder re lack of justiciability. Document filed by United Water New York, Inc.
March 2, 2006936NOTICE of of Withdrawal as Counsel. Document filed by Citgo Petroleum Corporation. (djc, )
March 2, 2006938Court Opinion or Order ORDER denying 934 Motion for Joinder . Defendants shall resubmit their affidavits and exhibits as soon as possible, but no later than March 10,2006. (Signed by Judge Shira A. Scheindlin on 3/1/2006) (jmi, )
March 2, 2006959MOTION (FILED ON SERVICE DATE) for Summary Judgment based on Statute of Limitations. Document filed by Amerada Hess Corp et al.
March 6, 2006947Court Opinion or Order ORDER: It is hereby ordered that plaintiffs' request for leave to file a surreply to defendant Hicks' motion to dismiss the first amended complaint is granted. Exxon Mobil Corporation shall resubmit its reply in further support of its motion to dismiss the amended complaint, no later than 3/8/2006. (reply memoranda may not exceed 10 double-spaced pages) (Signed by Judge Shira A. Scheindlin on 3/2/2006) (lb, )
March 6, 2006962MOTION (FILED ON SERVICE DATE) for Joinder in defts' Motion for Summary Judgment on statute of Limitations Grounds. Document filed by The Premcor Refining Group Inc.
March 6, 2006963MOTION (FILED ON SERVICE DATE) for Joinder in Motion for Summary Judgment on Satute of Limitations Grounds. Document filed by Total Petrochemicals USA, Inc.
March 6, 2006964MOTION (FILED ON SERVICE DATE) for Joinder in defts' Motion for Statute of Limitations Grounds. Document filed by Valero Energy, Inc., Colorado Refining Company, TPI Petroleum, Inc., Valero Refining and Marketing Company.
March 8, 2006967MEMORANDUM OF LAW in Support re: MOTION for Summary Judgment based on the statute of limitations. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation.
March 8, 2006968DECLARATION of Peter Condron in Support of Defts' Motion fro Summary Judgment based on the statute of limitations. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation.
March 8, 2006969RULE 56.1 STATEMENT. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation.
March 8, 2006970MEMORANDUM in Opposition re: 918 MOTION (FILED ON SERVICE DATE) to Strike Affidavits of Ed Whitelaw and Todd Sneller. Document filed by All Plaintiffs.
March 8, 2006971DECLARATION of Ed Whitelaw in Opposition re: 918 MOTION (FILED ON SERVICE DATE) to Strike.. Document filed by All Plaintiffs.
March 8, 2006977MOTION for Tracie J. Renfroe to Withdraw as Attorney. Document filed by Total Petrochemicals USA, Inc. )
March 9, 2006973DECLARATION of Peter Condron in Support of Defts' Motion for Summary Judgment based on the Stature of Limitations. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation et al.
March 9, 2006974RULE 56.1 STATEMENT. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation et al.
March 9, 2006975MEMORANDUM OF LAW in Support of their Motion for Summary Judgment based on the Statute of Limitations. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation.
March 10, 2006976MOTION for Tracie Renfroe to Withdraw as Attorney. Document filed by Valero Energy, Inc., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas.
March 10, 2006978Court Opinion or Order ORDER granting 935 Motion to Seal and the Clerk of the Court is directed to close the Motion to Seal Declaration of Scott Pasternak (doc #935) . (Signed by Judge Shira A. Scheindlin on 3/8/06) (doc forwarded to sealed records) (cd, )
March 10, 2006979REPLY to Response to Motion re: 867 MOTION to Dismiss.. Document filed by Exxon Mobil Corporation. (cd, )
March 10, 2006980REPLY MEMORANDUM OF LAW in Support re: 918 MOTION (FILED ON SERVICE DATE) to Strike.. Document filed by Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Petroleum Corporation.
March 10, 2006981MOTION for Summary Judgment based on the Statute of Limitations. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC.
March 10, 2006982DECLARATION of William Costley in Support re: 981 MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC.
March 10, 2006983DECLARATION of Melanie Hanson in Support re: 981 MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC.
March 10, 2006984RULE 56.1 STATEMENT. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC.
March 10, 2006985MEMORANDUM OF LAW in Support re: 981 MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC.
March 10, 2006986MOTION for Joinder in defts' motion for summary judgment re statute of limitations. Document filed by Unocal Corporation, Union Oil Company of California.
March 10, 2006987DECLARATION of Elizabeth Weaver in Support re: 986 MOTION for Joinder.. Document filed by Unocal Corporation, Union Oil Company of California.
March 10, 2006988RULE 56.1 STATEMENT. Document filed by Unocal Corporation, Union Oil Company of California.
March 15, 2006990REPLY MEMORANDUM OF LAW in Support re: 867 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Exxon Mobil Corporation. (cd, )
March 15, 2006992MOTION for Joinder in Motion for Summary Judgment on all claims for lack of Justiciability. Document filed by The Premcor Refining Group Inc.
March 16, 2006993MOTION for Joinder in Revised Motion for Summary Judgment re statute of limitations. Document filed by USA Gasoline Corporation,.
March 16, 2006994MEMORANDUM OF LAW in Opposition re: 993 MOTION for Joinder.. Document filed by All Plaintiffs.
March 16, 2006995DECLARATION of Michael Axline in Support re: 994 Memorandum of Law in Oppisition to Motion. Document filed by All Plaintiffs.
March 16, 2006996RULE 56.1 STATEMENT. Document filed by Orange County Water District.
March 16, 2006997Objections to Declaration of William T. Costley III in support of defts' Motion for Summary Judgment based re statute of limitations. Document filed by Orange County Water District.
March 16, 2006998DECLARATION of Roy Herndon in Support re: 997 Objection (non-motion). Document filed by Orange County Water District. Filed
March 16, 2006999MEMORANDUM OF LAW in Opposition re: 993 MOTION for Joinder. Document filed by The City of New York.
March 16, 20061000DECLARATION of Ramin Pejan in Opposition re: 999 Memorandum of Law in Oppisition to Motion. Document filed by The City of New York.
March 16, 20061001DECLARATION of Daniel Greene in Support re: 999 Memorandum of Law in Oppisition to Motion. Document filed by The City of New York. Filed In
March 16, 20061002RULE 56.1 STATEMENT. Document filed by The City of New York.
March 16, 20061003ADDITIONAL RULE 56.1 STATEMENT. Document filed by The City of New York.
March 17, 20061004REPLY MEMORANDUM OF LAW in Support re: 871 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).
March 20, 2006991DECLARATION of Stephen Riccardulli in Support re: 990 Reply Memorandum of Law in Support of Motion. Document filed by Exxon Mobil Corporation.
March 20, 20061005REPLY to Response to Motion re: 981 MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc..
March 20, 20061006MEMORANDUM OF LAW in Opposition re: 986 MOTION for Joinder. Document filed by Orange County Water District.
March 20, 20061007DECLARATION of Michael Axline in Support re: 1006 Memorandum of Law in Oppisition to Motion. Document filed by Orange County Water District.
March 20, 20061008Request for Judicial Notice in support of defts' motion for Summary Judgment re plntf's claims for damages based on MTBE. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation et al. (cd, )
March 20, 20061009REPLY MEMORANDUM OF LAW in Support re: 907 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation
March 20, 20061010DECLARATION of David Schrader in Support re: MOTION for Summary Judgment of plntf's claims based on plntf's lack of cognizable interest. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation et al
March 20, 20061011REPLY MEMORANDUM OF LAW in Support re Motion for Summary Judgment of plntf's Claims based on plntf's lack of cognizable interest Document filed by Chevron U.S.A., Inc., Chevron Corporation et al.
March 20, 20061012DECLARATION of David Schrader in Support re: 1011 Reply Memorandum of Law in Support. Document filed by Chevron U.S.A., Inc., Chevron Corporation et al Filed
March 20, 20061013COUNTER STATEMENT TO 996 Rule 56.1 Statement. Document filed by Chevron U.S.A., Inc., Chevron Corporation et al
March 20, 20061014Objections to Evidence Submitted by Plntf in Opposition to Motion for Summary Judgment based on MTBE detections. Document filed by Chevron U.S.A., Inc., Chevron Corporation et al.
March 20, 20061015MOTION for Summary Judgment of plntf's claims based on plntf's lack of cognizable interest. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation.
March 20, 20061016RULE 56.1 STATEMENT. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation et al.
March 20, 20061017MEMORANDUM OF LAW in Support re: 1015 MOTION for Summary Judgment.. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation.
March 20, 20061018MOTION for Summary Judgment re claims for damages based on MTBE detections. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation.
March 20, 20061019re Judicial Notice re doc #1018 Motion for Summary Judgment. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation. (cd, )
March 20, 20061020DECLARATION of David Schrader in Support re: 1018 MOTION for Summary Judgment.. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation.
March 20, 20061021RULE 56.1 STATEMENT. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation.
March 20, 20061022MEMORANDUM OF LAW in Support re: 1018 MOTION for Summary Judgment.. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation.
March 20, 20061023REPLY MEMORANDUM OF LAW in Support re: Motion for Stay or Dismissal based upon Primary Jurisdiction Document filed by 7-Eleven, Inc.
March 20, 20061033RESPONSE to Plntf's Rule 56.1 statement re defts' motion for summary judgment based on MTBE detections. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation et al.
March 21, 20061024MOTION for Joinder in Motion for Summary Judgment based on the Statute of Limitations. Document filed by Citgo Petroleum Corporation.
March 22, 20061026REPLY MEMORANDUM OF LAW in Support re: Motion for Stay or Dismissal without prejudice based on Primary Jurisdiction. Document filed by ConocoPhillips Company.
March 22, 20061034DECLARATION of Jon Anderson re defts' motion for stay or dismissal without prejudice based on primary jurisdiction. Document filed by ConocoPhillips Company.
March 22, 20061035REPLY MEMORANDUM OF LAW in Support re Motion for stay or dismissal without prejudice based on primary jurisdiction. Document filed by ConocoPhillips Co.(cd, )
March 23, 20061025Court Opinion or Order ORDER: It is hereby ordered that plaintiff shall resubmit its opposition to defendants' motion for summary judgment based on the statue of limitations with accompanying affidavits and exhibits. Plaintiff shall resubmit its opposition with accompanying affidavits and exhibits as soon as possible, but no later than 3/27/2006. (Signed by Judge Shira A. Scheindlin on 3/20/2006) (lb, )
March 23, 20061027Court Opinion or Order ORDER ADMITTING ATTORNEY Amanda C. Goad PRO HAC VICE, for the City of New York. (Signed by Judge Shira A. Scheindlin on 3/22/06)
March 23, 2006 Transmission to Attorney Admissions Clerk. Transmitted re: 1027 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, )
March 23, 20061028Court Opinion or Order ORDER granting 834 Motion to Withdraw as Attorney. Added attorney David A. Melton for Warner Petroleum, Inc., Molly M. Ryan for Warner Petroleum, Inc.. Attorney Craig A. Caldwell terminated. (also docketed in 04-4970) . (Signed by Judge Shira A. Scheindlin on 3/22/06) Filed In
March 23, 20061029MEMO ENDORSEMENT granting 976 MOTION for Tracie Renfroe to Withdraw as Attorney. filed by Valero Energy, Inc.,, Valero Refining and Marketing Company,, Valero Refining Company-Louisiana,, Valero Refining Company New Jersey,, Valero RefiningTexas, (Signed by Judge Shira A. Scheindlin on 3/22/06) (cd, )
March 23, 20061030MEMO ENDORSEMENT re 977 MOTION for Tracie J. Renfroe to Withdraw as Attorney. filed by Total Petrochemicals USA, Inc., (Signed by Judge Shira A. Scheindlin on 3/22/06)
March 23, 20061073NOTICE of Dismissal of all claims without prejudice, Pursuant to Rule 41(a)(2) of the F.R.C.P., Plaintiff hereby dismisses without prejudice all claims against all parties, with each party to bear its own costs. (Signed by Judge Shira A. Scheindlin). This documment relates to 04 Civ. 2066. (Signed by Judge Shira A. Scheindlin on 3/20/06)
March 23, 20061074NOTICE of Dismissal of all claims without prejudice, Pursuant to Rule 41(a)(2) of the F.R.C.P., Plaintiff hereby dismisses without prejudice all claims against all parties, with each party to bear its own costs. (Signed by Judge Shira A. Scheindlin). This document relates to 04 Civ. 2067. (Signed by Judge Shira A. Scheindlin on 3/21/06)
March 28, 20061036MEMORANDUM OF LAW in Opposition re: Plaintiffs' Motion to Apply Causation Theories". Document filed by Amerada Hess Corp. et al.
March 28, 20061037MOTION to Dismiss the Amended Complaint. Document filed by John R. Hicks.
March 28, 20061038DECLARATION of George Sibley, III in Opposition to Plaintiffs' Motion to Apply Causation Theories. Document filed by Flint Hills Resources, LP.
March 28, 20061039DECLARATION of John O'Brien in Support of Defendants' Opposition to Plaintiffs' Motion to Apply Causation Theories. (cd, )
March 28, 20061040DECLARATION of Charles McLane III in Support of Defendants' Opposition to Plaintiffs' Motion to Apply Causation Theories. Filed
March 28, 20061041DECLARATION of George Sibley in Support of Defendants' Opposition to Plaintiffs' Motion to Apply Causation Theories.
March 30, 20061045MEMORANDUM OF LAW in Opposition re: 959 MOTION for Summary Judgment, filed by County of Suffolk and Suffolk County Water Authority.
March 30, 20061046DECLARATION of Herman Miller in Support re: 1045 Memorandum of Law in Oppisition to Motion.
March 30, 20061047DECLARATION of Paul Ponturo in Support re: 1045 Memorandum of Law in Oppisition to Motion.
March 30, 20061048DECLARATION of Steven German in Support re: 1045 Memorandum of Law in Opposition to Motion. (cd, )
March 30, 20061049RULE 56.1 STATEMENT, filed by County of Suffolk and Suffolk County Water Authority.
March 30, 20061050MEMORANDUM OF LAW in Opposition re: 986 MOTION for Joinder.. Document filed by Gulf Oil Ltd. Partnership.
March 31, 20061042ANSWER to Complaint. Document filed by Tesoro Refining and Marketing Company, Inc., Tesoro Petroleum Corporation.(cd, )
March 31, 20061043MEMORANDUM OF LAW in Opposition re: 993 MOTION for Joinder. Filed by County of Suffolk and Suffolk County Water Authority.
March 31, 20061054CORRECTED MEMORANDUM OF LAW in Opposition re: 959 MOTION (FILED ON SERVICE DATE) for Summary Judgment. Document filed by United Water New York, Inc.
April 6, 20061051MOTION to Seal declaration of Peter Condron in support of defts' Motion for Summary Judgment based on the Statute of Limitations, dated 3/6/06. Document filed by The City of New York.
April 6, 20061052RULE 56.1 STATEMENT. Document filed by Chevrontexaco Corporation, Chevron USA et al.
April 7, 20061044Court Opinion or Order OPINION AND ORDER: for reasons further set forth in said Order, Exxon's and Hock's 863 and 1037 MOTIONS are DENIED. Thye Clerk of the COurt is directed to close these motions. (Signed by Judge Shira A. Scheindlin on 4/7/06) (db, )
April 10, 20061053Court Opinion or Order OPINION & ORDER #92993 that the Exxon and Hicks motions to dismiss are denied. The Clerk of the Court is directed to close these motions (docket #863 and docket #1037). (Signed by Judge Shira A. Scheindlin on 4/7/06)
April 10, 20061057RULE 56.1 STATEMENT in Opposition to Defts' Motion for Summary Judgment based on the Statue of Limitations. Document filed by United Water New York, Inc.
April 10, 20061058PLAINTIFFS' RULE 56.1 STATEMENT IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT FOR LACK OF JUSTICIABILITY.
April 11, 20061060RULE 56.1 STATEMENT in Support of their Motion for Summary Judgment on all claims for lack of justiciability. Document filed by Exxon Mobil Corporation et al.
April 11, 20061061RULE 56.1 STATEMENT in support of their Motion for Summary Judgment based on the Statute of Limitations. Document filed by United Water New York, Inc.
April 14, 20061059REPLY MEMORANDUM OF LAW in Support re: 986 MOTION for Joinder.. Document filed by Unocal Corporation, Union Oil Company of California.
April 17, 20061056Court Opinion or Order ORDER; Declaration of Peter C. Condron in support of defendants' motion for summary judgment with accompanying exhibits shall be placed under seal. The Clerk is directed to close this motion (docket #1051 in 00cv1898 and 4/6/06 motion in 04cv3417). (Signed by Judge Shira A. Scheindlin on 4/13/06) (kco, )
April 17, 20061062MOTION to Seal Declaration of Daniel Greene in support of plntfs' Opposition to Defts' Motion for Summary Judgment on all claims for statute of limitations. Document filed by The City of New York. (cd, )
April 17, 20061063REPLY MEMORANDUM OF LAW in Support re: Motion for Summary Judgment based on the Statute of Limitations. Document filed by The City of New York. Filed
April 17, 20061064COUNTER STATEMENT TO 1003 Rule 56.1 Statement. Document filed by Chevrontexaco Corporation et al.
April 18, 20061055Court Opinion or Order OPINION AND ORDER: For the foregoing reasons plaintiffs' motion to remand is GRANTED. The Clerk of the Court is directed to close this motion (06cv1379: attachment #29, docket#2) and this case. (Signed by Judge Shira A. Scheindlin on 4/17/06) (js, )
April 18, 20061065REPLY to Response to Motion re: Plaintiffs' Motion to Apply Causation Theories.. Document filed by California-American Water Company.
April 18, 20061066MOTION to Certify Class. Document filed by Edith Quick.
April 18, 20061067MEMORANDUM OF LAW in Support re: 1066 MOTION to Certify Class.. Document filed by Edith Quick. Filed
April 19, 20061068OPINION & OPINION #93025 that plntfs' motion to remand is granted (06-1379: attachment #29, docket #2). the Clerk of the Court is directed to close this motion and the case. (Signed by Judge Shira A. Scheindlin on 4/17/06)
April 19, 20061069Court Opinion or Order ORDER that the Declaration of Daniel Greene in Support of Plaintiffs' Opposition to Defts' Motion for Summary Judgment on All Claims for Statute of Limitations, dated 3/15/06, with accompanying exhibits, shall be placed under seal. (Signed by Judge Shira A. Scheindlin on 4/17/06) (forwarded orig doc to sealed records)
April 20, 20061070PLAINTIFFS' SECOND REVISED MEMORANDUM OF LAW in Opposition re: Defendants' Motion for Summary Judgment on Conflict Preemption. Filed
April 20, 20061071DECLARATION of Ed Whitlaw in Support re: 1070 Memorandum of Law in Opposition to Motion.
April 20, 20061072DECLARATION of Robin Greenwald in Support re: 1070 Memorandum of Law in Oppisition to Motion.
April 24, 20061075MOTION (re: PTO # 22) for Protective Order re: Site of Depositions of Plaintiffs. Filed by plaintiffs in (03cv8248). Filed In Associated Cases: 1:03-cv-08248-SAS(db, )
April 25, 20061076MOTION for Partial Reconsideration re; 1053 Memorandum & Opinion. Document filed by Exxon Mobil Corporation.
April 25, 20061077MEMORANDUM OF LAW in Support re: 1076 MOTION for Reconsideration re; 1053 Memorandum & Opinion. Document filed by Exxon Mobil Corporation.
April 27, 20061079REPLY MEMORANDUM OF LAW in Support re: Motion for Summary Judgment based on the Statute of Limitations. Document filed by Exxon Mobil Corporation.
April 27, 20061080DECLARATION of Jennifer Kalnins in Support re: 1079 Reply Memorandum of Law in Support of Motion. Document filed by Exxon Mobil Corporation.
April 27, 20061083REPLY MEMORANDUM OF LAW in Support re: 934 MOTION (FILED ON SERVICE DATE) for Joinder. Document filed by Gulf Oil Ltd. Partnership.
April 28, 20061078Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Robert L. Hanley, Jr for Steven C. Greene and Melanie J. Arcure admitted Pro Hac Vice, Plaintiffs. (Signed by Judge Shira A. Scheindlin on 4/24/06) (sac, )
April 28, 2006 Transmission to Attorney Admissions Clerk. Transmitted re: 1078 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (sac, )
April 28, 20061084REPLY MEMORANDUM OF LAW in Support re: 907 MOTION for Summary Judgment. Document filed by Chevrontexaco Corporation.
April 28, 20061085REPLY DECLARATIONS of Peter Condron in Support re: 1084 Reply Memorandum of Law in Support of Motion. Document filed by Chevrontexaco Corporation. S(cd, )
May 1, 20061081TRANSCRIPT of proceedings held on 4/3/06 before Judge Shira A. Scheindlin, via telephone. (cd, )
May 1, 20061082TRANSCRIPT of proceedings held on 4/10/06 before Judge Shira A. Scheindlin, via telephone. (cd, )
May 2, 20061086MOTION for Joinder in defts Reply in support of motion for summary judgment of plntf's claims for damages based on the MTBE Detections belwo the secondary MCI. Document filed by USA Gasoline Corporation,.
May 2, 20061087MOTION for Joinder in reply in support of motion for stay or dismissal without prejudice based on primary jurisdiction. Document filed by USA Gasoline Corporation,.
May 2, 20061088MOTION for Joinder in defts' reply in support of Motion for Summary Judgment based on the Statute of Limitations. Document filed by USA Gasoline Corporation,.(cd, )
May 3, 20061089REPLY MEMORANDUM OF LAW in Support re: 923 MOTION (FILED ON SERVICE DATE) for Summary Judgment; attached is an appendix of exhibits. Document filed by Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Petroleum Corporation.
May 9, 20061090MEMORANDUM OF LAW in Opposition re: deft Exxon Mobil Motion for Partial Reconsideration, filed by plaintiffs Hope Koch et al.
May 12, 20061091NOTICE OF CHANGE OF ADDRESS by James Anthony Pardo, Stephen Joseph Riccardulli, Peter John Sacripanti on behalf of Exxon Mobil Corporation, Exxon Mobil Corporation. New Address: 340 Madison Avenue, New York, NY, 10017, (212)547-5400. (cd, )
May 12, 20061092THIRD PARTY COMPLAINT against Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Dist., Inc., Favre Bros. Land, Inc., David J. Favre, Leroy G. Favre, Saleh El Jamal.Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).(cd, )
May 16, 20061093Court Opinion or Order ORDER ADMITTING ATTORNEY David L. Green PRO HAC VICE on behalf of all plaintiffs. (Signed by Judge Shira A. Scheindlin on 5/5/06)
May 16, 2006 Transmission to Attorney Admissions Clerk. Transmitted re: 1093 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, )
May 17, 20061094Court Opinion or Order ORDER ADMITTING ATTORNEYS Robert E. Meadows and Chalres C. Correll, jr. PRO HAC VICE on behalf of ChevronTexaco, Chevron USA, TRMI Holdings, Texaco Inc, and Chevron Environmental Services. (Signed by Judge Shira A. Scheindlin on 5/12/06)
May 17, 2006 Transmission to Attorney Admissions Clerk. Transmitted re: 1094 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, )
May 19, 20061095MOTION for Keena M. Mackay to Appear Pro Hac Vice. Document filed by ConocoPhillips Company.
May 19, 20061096NOTICE OF APPEARANCE by Alan E. Kraus on behalf of ConocoPhillips Company
May 25, 20061098AFFIDAVIT OF SERVICE re Third-party Complaints. Document filed by Sunoco, Inc.
May 26, 20061097Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL of claims against Unocal Corp purs to FRCP 41(a)(1)(i). (Signed by Judge Shira A. Scheindlin on 5/24/06) AS
June 1, 20061100MOTION for Heather Foran to Appear Pro Hac Vice. Document filed by ConocoPhillips Company.
June 6, 2006 CASHIERS OFFICE REMARK on 884 Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 5/18/2006, Receipt Number 579695. (jd, )
June 6, 20061099Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL purs to FRCP 41(a)(1)(ii) of plaintiffs Town of Marion and South Sagamore Water District. (Signed by Judge Shira A. Scheindlin on 5/31/06)
June 9, 20061101ENDORSED LETTER addressed to Judge Shira A. Scheindlin from John S. Guttmann dated 5/26/2006 re: to ("Sunoco") I write to request the antry of a stay of the proceedings in the above-captioned Tonneson and Basso case pending resolution of the conflict-of-interest issues discussed during the May 9th status conference. ENDORSEMENT: Sunoco's request for stay is hereby denied. So Ordered. (Signed by Judge Shira A. Scheindlin on 6/6/2006) (jmi, )
June 9, 20061102STIPULATION to stay proceedings, including all deadlines set forth in the Case Management order No. 18, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 6/8/06) (cd, )
June 14, 20061103ANSWER to Third Party Complaint. Document filed by Favre Bros. Land, Inc., David J. Favre, Leroy G. Favre.(cd, )
June 14, 20061104RULE 7.1 DISCLOSURE STATEMENT. Document filed by Favre Bros. Land, Inc., David J. Favre, Leroy G. Favre.(cd, )
June 15, 20061113Court Opinion or Order ORDER ADMITTING ATTORNEY Jaime Slimm PRO HAC VICE for deft Exxon Mobil. (Signed by Judge Shira A. Scheindlin on 6/15/06) (cd, )
June 15, 2006 Transmission to Attorney Admissions Clerk. Transmitted re: 1113 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, )
June 16, 20061105MEMORANDUM OF LAW in Opposition re: 1066 MOTION to Certify Class. Document filed by Shell Oil Products Company, Shell Oil Company.
June 16, 20061106DECLARATION of Anthony King in Support re: 1105 Memorandum of Law in Oppisition to Motion. Document filed by Shell Oil Products Company, Shell Oil Company.
June 16, 20061127Court Opinion or Order ORDER that purs to FRCP 53(a) I am appointing Zachary Krug to replace Bethany Davis Noll as Special Master to further assist the Court. This order is effective as of 8/7/06, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 6/16/06) (cd, )
June 23, 20061107Court Opinion or Order OPINION and ORDER #93288 denying re 871 MOTION (FILED ON SERVICE DATE) to Dismiss. filed by Sunoco, Inc. (Signed by Judge Shira A. Scheindlin on 6/23/06) (cd, ) Modified on 6/27/2006 (ae, ).
June 23, 20061108Court Opinion or Order ORDER granting 1100 Motion for Heather Foran to Appear Pro Hac Vice . (Signed by Judge Shira A. Scheindlin on 6/19/2006) (lb, )
June 23, 20061109Court Opinion or Order OPINION & ORDER #93289 denying 923 MOTION for Summary Judgment. filed by Citgo Petroleum Corporation,, Citgo Refining and Chemicals Company L.P.,, PDV Midwest Refining, L.L.C. The Clerk of the Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 6/23/06) Modified on 6/27/2006 (ae, ).
June 26, 2006 Transmission to Attorney Admissions Clerk. Transmitted re: 1108 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (lb, )
June 28, 20061112Court Opinion or Order ORDER OF DISMISSAL purs to FRCP 41(a)(2) as to deft Total Petrochemicals USA. without prejudice, with each party to bear its own attorneys' fees and costs. (Signed by Judge Shira A. Scheindlin on 6/27/06)
June 29, 20061110Court Opinion or Order OPINION AND ORDER: # 93287 re: 1076 MOTION for Reconsideration re; 1053 Memorandum & Opinion filed by Exxon Mobil Corporation,. For the foregoing reasons, Exxon's motion is denied. The Clerk of the Court is directed to close this motion (docket # 1076). (Signed by Judge Shira A. Scheindlin on 6/26/2006) (lb, )
June 29, 20061111Court Opinion or Order AGREED ORDER OF DISMISSAL; plaintiffs and defendant TOTAL PETROCHEMICALS USA, INC. agree to the voluntary dismissal and that such dismissal is without prejudcie and each party to bear its own attorney's fees and costs. (Signed by Judge Shira A. Scheindlin on 6/28/06) (kco, )
July 6, 20061139Fld Pre-Trial Order #23 (Dispute over pre trial order #19). Document filed by Kenneth E. Warner. (cd, )
July 6, 20061140fld Pre-Trial Order #24 (Motion by defts 7-Eleven and GOLP for partial reconsideration of PTOs #19 and 23). Document filed by Kenneth E. Warner. (cd, )
July 11, 20061114Court Opinion or Order ORDER ADMITTING ATTORNEY Brian D. Langa (on behalf of defendant Petro-Diamond PRO HAC VICE upon the required $25.00 fee per applicant to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 7/7/06) (djc, )
July 11, 20061115Court Opinion or Order ORDER to Withdraw and for Substitution of Counsel for Defendant Petro-Diamond; granting substitution of Michael A. Francis, Esq. and Brian D.Langa, Esq. of the law f irm of Demetriou, Del Guercio, Springer & Francis, LLP for James C. Macdonald, Esq.., and Thomas J. Bois, II, Esq of the law firm of Bois & Macdonald, as its counsel of record in this case....; (Signed by Judge Shira A. Scheindlin on 7/7/06) (djc)
July 11, 20061116Court Opinion or Order STIPULATION AND ORDER extending fact discovery from July 30, 2006 to the date that is 120 days after the Court issues an order resolving plaintiffs' pending motion for class certification. (Signed by Judge Shira A. Scheindlin on 7/7/06) (djc, )
July 11, 20061117Court Opinion or Order ORDER ADMITTING ATTORNEY Michael F. Francis PRO HAC VICE on behalf of defendant Petro-Diamond, Inc. (Signed by Judge Shira A. Scheindlin on 7/7/06) (djc)
July 11, 20061118Court Opinion or Order ORDER ADMITTING ATTORNEY Michael A. Francis PRO HAC VICE on behalf of defendant Petro-Diamond, Inc. in this action; (Signed by Judge Shira A. Scheindlin on 7/7/06) (djc, )
July 17, 20061128DECLARATION of Michael Axline in Support of Plaintiffs' Reply Re Class Certification. Document filed by Edith Quick.
July 17, 20061129AFFIDAVIT of James Hubly in Support re: 1128 Declaration in Support. Document filed by Edith Quick.
July 17, 20061131REPLY Re Class Certification. Document filed by Edith Quick.
July 18, 20061119Court Opinion or Order MEMORANDUM OPINION AND ORDER # 93368: For the foregoing reasons, 7-Eleven's objection is overruled. (Signed by Judge Shira A. Scheindlin on 7/17/2006) (lb, )
July 19, 20061130AFFIDAVIT of James Hubly (dated 7/12/06) in Support re: 1128 Declaration in Support. Document filed by Edith Quick.
July 20, 20061132LETTER addressed to Judge Scheindlin from Stuart Raphael dated 7/17/06: to supplement the record supporting defts' Opposition to Plntf's Motion to Apply Causation Theories. Document filed by Flint Hills Resources, LP.(cd, )
July 21, 20061120Court Opinion or Order ORDER; Bain's Automotive, Inc. has offered to pay $2000/month for plaintiffs' temporary housing, the need for which arose as a result of a determination by local authorities that they must vacate their residence due to contimination of the air and water supply. The offer is accepted and hereby ordered. Bain's shall make payment on the 15th day of every month until the local authorities decide it is safe to move back. Exxon Mobil Corporation shall pay an equal amount for the temporary housing --$2000/month -- by the same date and for the same time period. This order requires that the pending motion [docket #4, 05cv10266] be closed. (Signed by Judge Shira A. Scheindlin on 7/21/06) (kco, )
July 27, 20061121Court Opinion or Order ORDER granting 888 Motion for Joinder, granting 895 Motion for Joinder, granting 896 Motion for Joinder, granting 897 Motion for Joinder, granting 898 Motion for Joinder, granting 901 Motion for Joinder, granting 952 Motion for Joinder, granting 962 Motion for Joinder, granting 963 Motion for Joinder, granting 964 Motion for Joinder, granting 986 Motion for Joinder, granting 992 Motion for Joinder, granting 993 Motion for Joinder, granting 1024 Motion for Joinder, granting 1086 Motion for Joinder, granting 1087 Motion for Joinder, granting 1088 Motion for Joinder. The parties shall file any future motions to join a motion in the form of a letter to the Court, requesting endorsement. The Clerk of the Court is directed to close the foregoing motions as well as copies of the motions filed in the individual cases. (Signed by Judge Shira A. Scheindlin on 7/26/06) (kco, )
July 27, 20061122Court Opinion or Order CASE MANAGEMENT ORDER: sets forth a schedule for discovery in the following cases, and the plans for a tentative trial date: United Water New York, Inc. v. Amerada Hess Corp., at al., 04-cv-2389 ("UWNY). City of New York v. Amerada Hess Corp., at al., 04cv 3417 ("City"). County of Suffolk, et al. v. Amerada Hess Corp., at al., ("Suffolk") (Signed by Judge Shira A. Scheindlin on 7/26/2006) (jmi, )
July 27, 20061123Court Opinion or Order ORDER terminating 918 Motion to Strike Affidavits of Ed Whitelaw and Todd Sneller are closed due to the parties' agreement to re-submit the affidavits. The clerk of the court is directed to close this motion Document No. 918 . (Signed by Judge Shira A. Scheindlin on 7/26/2006) (jmi, )
July 28, 20061124Court Opinion or Order STIPULATION TO AMEND CASE MANAGEMENT ORDER NO. 18; Depositions of plaintiffs' experts due by 9/30/2006. Depositions of defendants' experts due by 10/13/2006. Discovery due by 2/26/2007. Motions due by 8/15/2006. Replies due by 11/20/2006. Responses due by 10/13/2006 (Signed by Judge Shira A. Scheindlin on 7/27/06) (kco, )
July 31, 20061125Court Opinion or Order ORDER granting 1095 Motion for Keena M. Mackay to Appear Pro Hac Vice . (Signed by Judge Shira A. Scheindlin on 7/27/06) (kco, )
August 3, 20061126TRANSCRIPT of proceedings held on 7/25/06 @10:00a.m. before Judge Shira A. Scheindlin. (mo, )
August 3, 20061133REPLY to Third Party defts Favre Brothers Land, Leroy G. Favre Jr and David J. Favre's counterclaims. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M). (cd, )
August 4, 20061134Court Opinion or Order ORDER ADMITTING ATTORNEY Michell M. Jalalai PRO HAC VICE for deft Southern Countries Oil Company. (Signed by Judge Shira A. Scheindlin on 8/1/06)
August 4, 2006 Transmission to Attorney Admissions Clerk. Transmitted re: 1134 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, )
August 9, 20061135Court Opinion or Order ORDER ADMITTING ATTORNEY Keena M. Mackay of the District of New Jersey bar PRO HAC VICE on behalf of defendant ConocoPhillips Company, as successor in interest to Tosco Corporation and Phillips Petroleum Corp.. (Signed by Judge Shira A. Scheindlin on 6/12/06) (djc)
August 10, 20061136NOTICE OF RULE 41(A)(1)(i) DISMISSAL OF DEFENDANT AMERADA HESS CORPORATION: Pursuant to Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure, plaintiffs in each of the actions referenced above, by counsel, hereby dismiss without prejudice, Amerada Hess Corporation from each of the above referenced actions, with each party to bear its own costs. Plaintiffs reserve all other rights against all other defendants. (Signed by Judge Shira A. Scheindlin on 8/9/06) (js, )
August 14, 20061141MOTION to Certify Class, filed by the Koch plaintiffs.
August 14, 20061142AFFIDAVIT of Nachman Brautbar in Support re: 1141 MOTION to Certify Class..
August 14, 20061143AFFIDAVIT of Richard Spruill in Support re: 1141 MOTION to Certify Class, filed by the Koch plaintiffs.
August 14, 20061144AFFIDAVIT of Kenneth Rudo in Support re: 1141 MOTION to Certify Class, filed by Koch plaintiffs..
August 14, 20061145AFFIDAVIT of Jon Kilpatrick in Support re: 1141 MOTION to Certify Class, filed by the Koch plaintffs.
August 15, 20061137ENDORSED LETTER addressed to Judge Shira A. Scheindlin from M. Coy Connelly dated 8/3/06 re: The parties request that the Court approve September 15, 2006, as the deadline for Defendants to answer or otherwise move pursuant to Federal Rule of Civil Procedure 12. ENDORSEMENT: The parties request is hereby GRANTED. Defendants shall answer by September 15, 2006. So Ordered. (Signed by Judge Shira A. Scheindlin on 8/10/06) (js, )
August 15, 20061138AFFIDAVIT OF SERVICES of Subpoenas in a Civil Case as to various companies. Document filed by Plaintiff. (kkc, )
August 15, 20061146MOTION to apply causation theories. Document filed by County of Suffok et al.
August 18, 20061147Court Opinion or Order OPINION & ORDER #93558 that plntfs' motion is denied in part. At this time, plntfs may proceed on a theory of alternative liability, subject to further motion practice. If defts intend to file a summary judgment motion prohibiting plntfs form relying on alternative theories of liability, they shall do so by 12/1/06. The Clerk of the Court is directed to close this motion (docket #867). (Signed by Judge Shira A. Scheindlin on 8/16/06)
August 22, 20061148NOTICE of Dismissal pursuant to Rule 41(a)(1)(i) of the F.R.C.P.; plaintiffs in actions 06cv5496, 06cv3742, 06cv3750, 06cv3751, 06cv3752, 06cv3753, & 06cv3754 dismiss without prejudice Ashland, Inc. from each of the referenced actions, with each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 8/18/2006) (kkc, )
August 23, 20061149NOTICE OF APPEAL from 1120 Order. Document filed by Exxon Mobil Corporation. Filing fee $ 455.00, receipt number E 588674. Copies of Notice of Appeal mailed to Attorney(s) of Record: Lieberman & Blecher, P.C., Milber Makris Plousadis & Seiden, LLP and Weitz & Luxenberg, P.C. This document relates to: 05cv10266. (nd, )
August 24, 2006 Transmission of Notice of Appeal to the District Judge re: 1149 Notice of Appeal,. (nd, )
August 24, 2006 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 1149 Notice of Appeal,. (nd, )
August 29, 20061151CASE MANAGEMENT PLAN: Motions due by 10/23/2006. Responses due by 11/6/2006 Replies due by 11/27/2006. Oral Argument set for 9/25/2006 10:00 AM before Judge Shira A. Scheindlin. Status Conference set for 9/22/2006 10:00 AM before Judge Shira A. Scheindlin. Deadlines previously established regarding the discovery schedules in 03cv8248 and 03cv9050 shall be extended by ninety days; counsel's request to withdraw as to certain plaintiffs in Basso, et al v. Sunoco, Inc., et al is granted; all parties not currently represented by counsel in the Basso and Tonneson cases shall obtain representation by 9/12/06; plaintiff shall identify bellwether wells in the Suffolk County and United Water cases by 9/1/06; plaintiffs shall identify the subject areas in which they plan to offer expert reports in the Suffolk County and United Water cases, by 9/21/06; plaintiffs shall identify the experts whose reports they will be submitting by 1/2/07 and shall file their expert reports by 2/1/07; dfts shall identify their experts in those cases by 2/1/07 and shall file their expert reports by 3/1/07; rebuttal reports shall be filed by 3/21/07; depositions of experts may begin after 3/21/107 and shall be completed by 6/3/07. (Signed by Judge Shira A. Scheindlin on 8/25/06) (dle, )
August 30, 20061150Court Opinion or Order STIPULATION AND ORDER TO AMEND CASE MANAGEMENT ORDER #18; fact discovery due by 12/15/2006. Expert depositions to be completed by 4/27/2007. Any party may file a motion for summary judgment by 5/25/2007. Opposition papers due by 7/13/2007. Reply papers due by 8/10/2007. (Signed by Judge Shira A. Scheindlin on 8/29/06) (kco, )
August 30, 2006 Set Deadlines: Deposition due by 4/27/2007. Discovery due by 12/15/2006. Motions due by 5/25/2007. Responses due by 7/13/2007. Replies due by 8/10/2007. (kco, )
September 7, 20061152Court Opinion or Order ORDER admitting James R. Cox as Counsel Pro Hac Vice for Plaintiffs Hope Koch et al. in the above-captioned matter, and the Court, being informed that counsel for Defendants do not oppose said motion, finds the that the motion is well-taken and should be GRANTED. (Signed by Judge Shira A. Scheindlin on 9/5/2006) (jmi, )
September 7, 2006 Transmission to Attorney Admissions Clerk. Transmitted re: 1152 Order,, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi, )
September 11, 20061153TRANSCRIPT of proceedings held on 08/22/06 before Judge Shira A. Scheindlin. (es, )
September 13, 20061154NOTICE of Voluntary Dismissal of Defendant Amerada Hess Corporation, pursuant to Rule 41(a)(1) of the F.R.C.P., with each party to bear its own costs; (Signed by Judge Shira A. Scheindlin on 9/11/06) (djc)
September 13, 20061155NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1)(i) of the F.R.C.P.w/out prejudice, as to Marathon Oil Company and Marathon Petroleum Company, LLC w/ each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 9/11/06) (ae, )
September 15, 20061156MOTION for More Definite Statement. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).
September 15, 20061157MEMORANDUM OF LAW in Support re: 1156 MOTION for More Definite Statement.. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).
September 15, 20061158AMENDED MASTER ANSWER, AFFIRMATIVE DEFENSES, MASTER CROSS-COMPLAINT AGAINST DEFENDANTS, AND MASTER THIRD-PARTY COMPLAINT AGAINST JOHN AND JANE DOES NO. 1-500. Document filed by The Premcor Refining Group Inc.(cd, )
September 15, 20061159SECOND AMENDED MASTER ANSWER. Document filed by Atlantic Richfield Company, BP Corporation North America Inc., BP Amoco Corporation, BP Products North America, Inc., BP West Coast LLC.(cd, )
September 15, 20061160SECOND AMENDED MASTER ANSWER. Document filed by ConocoPhillips Company.(cd, )
September 15, 20061164SECOND AMENDED MASTER ANSWER & AFFIRMATIVE DEFENSES. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).(cd, )
September 15, 20061165SECOND AMENDED MASTER ANSWER. Document filed by Flint Hills Resources, LP.(cd, )
September 18, 20061161SECOND AMENDED MASTER ANSWER, AFFIRMATIVE DEFENSES, AND MASTER CROSS-COMPLAINT AND THIRD-PARTY COMPLAINT. Document filed by Ultramar, Inc., Colorado Refining Company, Diamond Shamrock Refining and Marketing Company, TPI Petroleum, Inc., Ultramar Energy, Inc., Ultramar Limited.(cd, )
September 18, 20061162AMENEDED MASTER ANSWER, AFFIRMATIVE DEFENSES, AND MASTER CROSS-COMPLAINT AND THIRD PARTY COMPLAINT. Document filed by Total Petrochemicals USA, Inc..(cd, )
September 18, 20061163SECOND AMENDED MASTER ANSWER, AFFIRMATIVE DEFENSES, AND MASTER CROSS COMPLAINT AND THIRD PARTY COMPLAINT. Document filed by Valero Energy, Inc., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas.(cd, )
September 18, 20061166MOTION for Joinder in Motion for a More Definite Sttement. Document filed by Exxon Mobil Corporation.
September 18, 20061167THIRD AMENDED MASTER ANSWER AND AFFIRMATIVE ANSWERS. Document filed by Exxon Mobil Corporation.(cd, )
September 18, 20061168MASTER ANSWER to Complaint. Document filed by Murphy Oil USA Inc.(cd, )
September 18, 20061169SECOND AMENDED MASTER ANSWER & AFFIRMATIVE DEFENSES. Document filed by Chevron U.S.A., Inc., Chevron Corporation, Chevrontexaco Corporation, Chevron U.S.A., Inc.(cd, )
September 18, 20061173SECOND AMENDED MASTER ANSWER AND AFFIRMATIVE DEFENSES. Document filed by Unocal Corporation. (cd, )
September 18, 20061174SECOND AMENDED MASTER ANSWER & AFFIRMATIVE DEFENSES. Document filed by Coastal Chem, Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company.(cd, )
September 18, 20061175SECOND AMENDED MASTER ANSWER AND AFFIRMATIVE DEFENSES. Document filed by Shell Oil Products Company, Shell Oil Company, Shell Petroleum, Inc., Shell Trading (US) Company.(cd, )
September 18, 20061178FIFTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Ashland Inc., BP West Coast LLC, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Chem, Inc., Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Fuels Marketing, Inc., The Premcor Refining Group Inc., Exxon Mobil Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Dodge City, Kansas.(cd, )
September 20, 20061170NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1)(I) of deft Crown central Petroleum Corporation, with prejudice, with each party to bear its own costs of the F.R.C.P. (Signed by Judge Shira A. Scheindlin on 9/19/06) (cd, )
September 20, 20061176THIRD AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Citgo Refining and Chemicals Company L.P., Plaacid REfining Company, LLC, Union Oil Company of California, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Lyondell Chemical Company, Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, Getty Petroleum Marketing Inc., Coastal Chem, Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., Coastal Fuels Marketing, Inc., The Premcor Refining Group Inc., Lyondell Chemical Company, Sunoco, Inc., Sunoco, Inc. (R&M), Exxon Mobil Corporation, Shell Oil Products Company, Texaco Inc., Chevron U.S.A., Inc., Shell Oil Company, Shell Petroleum, Inc., Shell Trading (US) Company, Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Town of Matoaka, West Virginia, Matoaka Water System.(cd, )
September 20, 20061177FIFTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Valero Energy, Inc., Chevron U.S.A., Inc., BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, BP West Coast LLC, Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, Lyondell Chemical Company, Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, Coastal Chem, Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Coastal Fuels Marketing, Inc., The Premcor Refining Group Inc., Lyondell Chemical Company, Sunoco, Inc., Sunoco, Inc. (R&M), Exxon Mobil Corporation, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., Shell Oil Products Company, Texaco Inc., Chevron U.S.A., Inc., Shell Oil Company, Shell Petroleum, Inc., Shell Trading (US) Company, Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Village Of Island Lake.(cd, )
September 20, 20061179SIXTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Fuels Marketing, Inc., The Premcor Refining Group Inc., Central Florida Pipeline Corporation, Exxon Mobil Corporation, El Paso Merchant Energy -Petroleum Company, Chevron U.S.A., Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Emerald Coast Utilities Authority.(cd, )
September 20, 20061180SEVENTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Ashland Inc., La Gloria Oil and Gas Company, Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., TMR Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Exxon Mobil Corporation, El Paso Merchant Energy -Petroleum Company, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by North Newton School Corporation.(cd, )
September 20, 20061181SEVENTH AMENDED COMPLAINT against Amerada Hess Corp., Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Giant Yorktown, Inc., Vitol, S.A., Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, Irving Oil Corporation, Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., TMR Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., Chelsea Sandwich, LLC., Global Companies, LLC, Global Montello Group, Global Petroleum Corporation, Cumberland Farms Inc., The Premcor Refining Group Inc., Village Of Island Lake, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Town Of Duxbury.(cd, )
September 21, 20061182FIFTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Bel Aire.(cd, )
September 21, 20061183FIFTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., BP West Coast LLC, Citgo Refining and Chemicals Company L.P., Southern Countries Oil Co., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Exxon Mobil Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Chisholm Creek Utility Authority.(cd, )
September 21, 20061184FIFTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Ashland Inc., BP West Coast LLC, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Chem, Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Park City, Kansas.(cd, )
September 21, 20061185SIXTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Citgo Refining and Chemicals Company L.P., Tesoro Petroleum Corporation., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., TMR Company, Coastal Chem, Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., The Premcor Refining Group Inc., Coastal Eagle Piont Oil Company, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Galva.(cd, )
September 21, 20061186AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, TPI Petroleum, Inc., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., TMR Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Exxon Mobil Corporation, Chevron U.S.A., Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Freedom Sanitary District #1.(cd, )
September 21, 20061187AMENDED COMPLAINT against BP Amoco Chemical Company, Inc., Shell Oil Products Company, Sunoco, Inc., Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Union Oil Company of California, Equistar Chemicals, LP, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, The Premcor Refining Group Inc., Chestnut Petroleum Dist., Inc., Murphy Oil USA Inc, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by St. Nicholas Parish.(cd, )
September 21, 20061188AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Texaco Inc., Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, TRMI Holdings Inc., Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Exxon Mobil Corporation, Murphy Oil USA Inc, Mobil Oil Corporation.Document filed by Capital Credit Union.(cd, )
September 21, 20061189AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, TRMI Holdings Inc., Equiva Services, LLC, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Murphy Oil USA Inc, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Town of Freedom.(cd, )
September 25, 20061190SECOND AMENDED MASTER ANSWER & AFFIRMATIVE DEFENSES. Document filed by Coastal Chem, Inc., Coastal Eagle POInt Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company.(cd, )
September 26, 20061191AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Diamond Shamrock Refining and Marketing Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, TRMI Holdings Inc., Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, The Premcor Refining Group Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by State of New Mexico.(cd, ).
September 26, 20061192SECOND AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Atlantic Richfield Company, Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Plaacid REfining Company, LLC, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, TRMI Holdings Inc., Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Getty Petroleum Marketing Inc., Leemilt's Petroleum Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., The Premcor Refining Group Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Greensville Country Water & Sewer Authority, County of Greensville.(cd, )
September 27, 20061193SECOND AMENDED MASTER ANSWER, MASTER CR0SS-CLAIMS AND MASTER THIRD-PARTY COMPLAINT. Document filed by Equistar Chemicals, LP.(cd, )
September 27, 20061194SECOND AMENDED MASTER ANSWER, MASTER CROSS-CLAIMS AND MASTER THIRD-PARTY COMPLAINT. Document filed by Lyondell Chemical Company.(cd, )
September 29, 20061195AMENDED MASTER ANSWER to Complaint. Document filed by Parker Holding Company Inc, Parker Oil Company.(cd, )
October 3, 20061196SEVENTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, TRMI Holdings Inc., Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Coastal Fuels Marketing, Inc., The Premcor Refining Group Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Rockport.(cd, )
October 3, 20061197SECOND AMENDED COMPLAINT against Amerada Hess Corp., Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Giant Yorktown, Inc., Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, TRMI Holdings Inc., Shell Petroleum, Inc., El Paso Merchant Energy -Petroleum Company, Chelsea Sandwich, LLC., Global Companies, LLC, Global Montello Group, Global Petroleum Corporation, Cumberland Farms Inc., The Premcor Refining Group Inc., Exxon Mobil Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Lowell Massachusetts.(cd, )
October 3, 20061198FIFTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., La Gloria Oil and Gas Company, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, Diamond Shamrock Refining and Marketing Company, TPI Petroleum, Inc., Ultramar Energy, Inc., Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Mobil Oil Corporation.Document filed by Town of Marksville.(cd, )
October 3, 20061199FOURTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Ultramar, Inc., Lyondell Chemical Company, Ashland Inc., La Gloria Oil and Gas Company, Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, Diamond Shamrock Refining and Marketing Company, Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, TRMI Holdings Inc., Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Town of Rayville.(cd, )
October 3, 20061200SECOND AMENDED COMPLAINT against Sunoco, Inc., Tosco Corporation, Texaco Inc., Motiva Enterprises, LLC, Texaco Refining and Marketing, Inc., Giant Yorktown, Inc., Flint Hills Resources, LP, Sunoco, Inc. (R&M), Irving Oil Corporation, PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, TMR Company, Leemilt's Petroleum Inc., The Premcor Refining Group Inc., Mobil Oil Corporation.Document filed by Town of Billerica, et al.(cd, )
October 4, 2006 CASHIERS OFFICE REMARK on 1152 Order, in the amount of $25.00, paid on 09/06/2006, Receipt Number 589475. (jd, )
October 4, 20061201FIRST AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Coffey Insurance Services.(cd, )
October 4, 20061202SIXTH AMENDED COMPLAINT against Amerada Hess Corporation, Shell Oil Products Company, Sunoco, Inc., Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Lyondell Chemical Company, Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Getty Petroleum Marketing Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., The Premcor Refining Group Inc., Exxon Mobil Corporation, Coastal Eagle Piont Oil Company, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Patrick County School Board.(cd, )
October 4, 20061203SEVENTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., La Gloria Oil and Gas Company, Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, Lyondell Chemical Company, Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Lyondell Chemical Company, Exxon Mobil Corporation, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Mishawaka.(cd, )
October 4, 20061204TRANSCRIPT of proceedings held on 9/7/06 before Judge Shira A. Scheindlin. (cd, )
October 10, 20061171Court Opinion or Order OPINION AND ORDER #93810 denying (867) MOTION FOR Summary Judgment and denying re: 1018 MOTION for Summary Judgment. filed by Chevron U.S.A., Inc.,, Chevrontexaco Corporation,. (Signed by Judge Shira A. Scheindlin on 10/10/06).
October 10, 20061172Court Opinion or Order OPINION & ORDER # 93811 denying in part and granting in part re 1015 MOTION for Summary Judgment. filed by Chevron U.S.A., Inc.,, Chevrontexaco Corporation,. (Signed by Judge Shira A. Scheindlin on 10/10/06).
October 10, 20061205MOTION for Temporary Restraining Order and for Sanctions re ExxonMobil's Improper Contacts Attempting to Secure Releases. Document filed by Hope Koch et al.
October 12, 20061206SECOND AMENDED ANSWER & AFFIRMATIVE DEFENSES to Complaint. Document filed by Mercury Fuel Service, Incorporated.(cd, )
October 12, 20061207SECOND AMEDEDED ANSWER. Document filed by Mercury Fuel Service, Incorporated. (cd, )
October 12, 20061208SECOND AMENDED ANSWER. Document filed by Mercury Fuel Service, Incorporated.(cd, )
October 12, 20061209SECOND AMENDED ANSWER. Document filed by Buckley Energy Group, Ltd., Buckley Gasoline Marketers, Inc., Santa Fuel Inc., Santa Holding Company, Buckley Energy Group, Ltd., Buckley Gasoline Marketers, Inc., Santa Fuel Inc., Santa Holding Company.(cd, )
October 12, 20061210SECON AMENDED ANSWER. Document filed by Buckley Gasoline Marketers, Inc., Santa Holding Company, Buckley Energy Group, Ltd., Santa Fuel Inc. (cd, )
October 12, 20061211SECOND AMENDED ANSWER. Document filed by Buckley Gasoline Marketers, Inc., Santa Holding Company, Buckley Energy Group, Ltd., Santa Fuel Inc. (04-1718)(cd, )
October 12, 20061212SECOND AMENDED ANSWER. Document filed by Buckley Gasoline Marketers, Inc., Santa Holding Company, Buckley Energy Group, Ltd., Santa Fuel Inc..(cd, )
October 12, 20061213SECOND AMENDED ANSWER. Document filed by Mercury Fuel Service, Incorporated. (04-1720)(cd, )
October 13, 20061214MASTER ANSWER. Document filed by Parker Holding Company Inc, Parker Oil Company.(04-2070)(cd, )
October 18, 20061215SIXTH AMENDED COMPLAINT against Amerada Hess Corporation, Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., The Premcor Refining Group Inc., Exxon Mobil Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Incorporated Village of Sands Point.(cd, )
October 19, 20061216Court Opinion or Order STIPULATION TO AMEND CASE MANAGEMENT ORDER NO. 18, all fact depositions related to class certification issues must be completed by 8/3/06; plntfs shall file their motion for class certification by 8/15/06; all depositions of plntfs' experts on class certification issues by 11/15/06; defts' opposition papers to plntfs' motion for class certification by 12/1/06; plntfs' reply papers in support of their motion for class certification by 1/29/07, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 10/11/06) (cd, )
October 19, 20061217FOURTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., Exxon Mobil Corporation, Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Franklin Square Water District.(cd, )
October 19, 20061218SIXTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Irving Oil Terminals, Inc., Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., Getty Properties Corp., The Premcor Refining Group Inc., Exxon Mobil Corporation, El Paso Merchant Energy -Petroleum Company, Chevron U.S.A., Inc., Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Water Authority of Great Neck North.(cd, )
October 19, 20061219SIXTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., The Premcor Refining Group Inc., Exxon Mobil Corporation, Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by County of Nassau.(cd, )
October 20, 20061220MOTION for Preliminary Injunction ordering ExxonMobil to Service and Maintain Water Treatment Units and Provide Bottled Water to Affected Homes. Document filed by Hope Koch. (05-5745)
October 23, 20061221FOURTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., Plaacid REfining Company, LLC, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Parker Holding Company Inc, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., The Premcor Refining Group Inc., Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Buchanan County School Board. (04-3418)(cd, )
October 23, 20061222FIFTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Atlantic Richfield Company, Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Ashland Inc., La Gloria Oil and Gas Company, Lassus Bros. Oil, Inc., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Lyondell Chemical Company, Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Texaco Inc., BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Town of Campbellsburg, Indiana. (04-4990)(cd, )
October 23, 2006 (Doc #1223) SIXTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., The Premcor Refining Group Inc., Exxon Mobil Corporation, Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Port Washington Water District. (04-381)(cd, ).
October 23, 20061224SEVENTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Fuels Marketing, Inc., The Premcor Refining Group Inc., Central Florida Pipeline Corporation, Exxon Mobil Corporation, Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Emerald Coast Utilities Authority.(cd, ) Modified on 10/30/2006 (cd, ).
October 23, 20061225SIXTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Exxon Mobil Corporation, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Dodge City, Kansas.(cd, )
October 23, 20061226SIXTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Ashland Inc., La Gloria Oil and Gas Company, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., The Premcor Refining Group Inc., El Paso Merchant Energy -Petroleum Company, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Village Of Island Lake.(cd, )
October 23, 20061227SECOND AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Giant Yorktown, Inc., Citgo Refining and Chemicals Company L.P., Flint Hills Resources, LP, Equistar Chemicals, LP, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Exxon Mobil Corporation, Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Lawrence, Town of Middleborough. (06-3741)(cd, )
October 23, 20061228SEVENTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., La Gloria Oil and Gas Company, Lassus Bros. Oil, Inc., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation. (04-2056)Document filed by City of South Bend, Indiana.(cd, )
October 24, 20061229SECOND AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Shell Oil Company, Lyondell Chemical Company, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, TRMI Holdings Inc., Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Murphy Oil USA Inc, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Capital Credit Union. (06-3752)(cd, ).
October 24, 20061230SECOND AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Exxon Mobil Corporation, Chestnut Petroleum Dist., Inc., Murphy Oil USA Inc, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation. (06-3754)Document filed by Town of Freedom.(cd, )
October 24, 20061231SECOND AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, TPI Petroleum, Inc., Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, TRMI Holdings Inc., Shell Petroleum, Inc., Shell Trading (US) Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Murphy Oil USA Inc, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation. (06-3751)Document filed by Freedom Sanitary District #1.(cd, )
October 24, 20061232SECOND AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, TPI Petroleum, Inc., Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, TRMI Holdings Inc., Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Murphy Oil USA Inc, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by St. Nicholas Parish. (06-3742)(cd, )
October 24, 20061233SIXTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Southern Countries Oil Co., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, TRMI Holdings Inc., Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Exxon Mobil Corporation, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Park City, Kansas. (04-2059)(cd, )
October 24, 20061234SIXTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Ashland Inc., Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Exxon Mobil Corporation, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation. (orig fld in 04-2062)Document filed by City of Bel Aire.(cd, )
October 24, 20061235EIGHTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Ashland Inc., La Gloria Oil and Gas Company, Citgo Refining and Chemicals Company L.P., Lassus Bros. Oil, Inc., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Lyondell Chemical Company, Exxon Mobil Corporation, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation. (04-2057)Document filed by North Newton School Corporation.(cd, )
October 24, 20061237FOURTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Citgo Refining and Chemicals Company L.P., Plaacid REfining Company, LLC, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., Getty Properties Corp., The Premcor Refining Group Inc., Exxon Mobil Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Town of Matoaka, West Virginia, Matoaka Water System. (04-3420)(cd, )
October 24, 20061238EIGHTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., Global Companies, LLC, Cumberland Farms Inc., The Premcor Refining Group Inc., Lyondell Chemical Company, Exxon Mobil Corporation, Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Town Of Duxbury. (04-1725)(cd, )
October 24, 20061239SIXTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Ashland Inc., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Exxon Mobil Corporation, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Chisholm Creek Utility Authority. (04-2061)(cd, )
October 24, 20061240MOTION to Dismiss, purs to FRCP 41(b), the Claims of Certain Basso Plaintiffs. Document filed by Sunoco, Inc., Exxon Mobil Corporation, Sunoco, Inc. (R&M). (03-9050) (cd, )
October 24, 20061241MEMORANDUM OF LAW in Support re: 1240 MOTION to Dismiss. Document filed by Sunoco, Inc., Exxon Mobil Corporation, Sunoco, Inc. (R&M). (03-9050)
October 24, 20061258AMENDED MASTER ANSWER/MOTION TO DISMISS. Document filed by Giant Yorktown, Inc.(cd, )
October 25, 20061242FIFTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Citgo Refining and Chemicals Company L.P., Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., The Premcor Refining Group Inc., Exxon Mobil Corporation, Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Craftsbury Fire District # 2. (04-3419)(cd, )
October 25, 20061243EIGHTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., La Gloria Oil and Gas Company, Citgo Refining and Chemicals Company L.P., Lassus Bros. Oil, Inc., Union Oil Company of California, Flint Hills Resources, LP, Colorado Refining Company, Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., TMR Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Shell Trading (US) Company, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Rockport. (04-1724)(cd, )
October 25, 20061244SEVENTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Citgo Refining and Chemicals Company L.P., Equistar Chemicals, LP, Colorado Refining Company, Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Irving Oil Terminals, Inc., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Shell Petroleum, Inc., Shell Trading (US) Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., Getty Properties Corp., Johnson & Dix Fuel Corp., The Premcor Refining Group Inc., El Paso Merchant Energy -Petroleum Company, Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Town of Hartland. (04-2072)(cd, )
October 25, 20061245SECOND AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Diamond Shamrock Refining and Marketing Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, TRMI Holdings Inc., Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Exxon Mobil Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by State of New Mexico. (06-380)(cd, )
October 25, 20061246THIRD AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Giant Yorktown, Inc., Citgo Refining and Chemicals Company L.P., Flint Hills Resources, LP, Equistar Chemicals, LP, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Irving Oil Terminals, Inc., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, Chelsea Sandwich, LLC., Global Petroleum Corporation, Cumberland Farms Inc., The Premcor Refining Group Inc., Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Lowell Massachusetts. (05-175)(cd, )
October 25, 20061247SIXTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Ultramar, Inc., Lyondell Chemical Company, Ashland Inc., La Gloria Oil and Gas Company, Plaacid REfining Company, LLC, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, Diamond Shamrock Refining and Marketing Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Exxon Mobil Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Town of Marksville. (04-3412)(cd, )
October 25, 20061248FIFTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Shell Oil Company, Texaco Refining and Marketing, Inc., Ultramar, Inc., Lyondell Chemical Company, Ashland Inc., La Gloria Oil and Gas Company, Plaacid REfining Company, LLC, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, Diamond Shamrock Refining and Marketing Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Citgo Petroleum Corporation, Mobil Oil Corporation. (04-3413)Document filed by Town of Rayville.(cd, )
October 25, 20061249THIRD AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., Citgo Refining and Chemicals Company L.P., Plaacid REfining Company, LLC, Union Oil Company of California, Flint Hills Resources, LP, TPI Petroleum, Inc., Equistar Chemicals, LP, Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Greensville Country Water & Sewer Authority, County of Greensville. (04-854)(cd, )
October 25, 20061250THIRD AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Giant Yorktown, Inc., Citgo Refining and Chemicals Company L.P., Flint Hills Resources, LP, Equistar Chemicals, LP, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Town of Billerica, et al. (06-1381)(cd, )
October 26, 20061251SEVENTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Mulgrew Oil Company, Colorado Refining Company, Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, The Premcor Refining Group Inc., Exxon Mobil Corporation, El Paso Merchant Energy -Petroleum Company, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Ida Grove, Sioux City, City of, City of Galva. (04-1723)(cd, )
October 26, 20061252SECOND AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, TPI Petroleum, Inc., Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, TRMI Holdings Inc., Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Murphy Oil USA Inc, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Coffey Insurance Services. (06-3570)(cd, )
October 26, 20061253EIGHTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., La Gloria Oil and Gas Company, Lassus Bros. Oil, Inc., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Exxon Mobil Corporation, BP Amoco Chemical Company, Inc., Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of Mishawaka. (04-2055)(cd, )
October 26, 20061254SEVENTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., Citgo Refining and Chemicals Company L.P., Plaacid REfining Company, LLC, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Parker Holding Company Inc, Getty Petroleum Marketing Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., The Premcor Refining Group Inc., Exxon Mobil Corporation, Coastal Eagle Piont Oil Company, Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Patrick County School Board. (04-2070)(cd, )
October 26, 20061255THIRD PARTY COMPLAINT against Charles Werth.Document filed by Flint Hills Resources, LP.(cd, )
October 26, 20061256Court Opinion or Order CASE MANAGEMENT ORDER #21 (10/11/06 Status Conference orders): The Alban plaintffs' complaints are dismissed without prejudice purs to FRCP 41(a)(1); the discovery stay in the non-focus cases is lifted for the limited purpose of allowing the Napoli plntfs access to certain information necessary re damages. Status Conference set for 11/29/2006 10:00 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 10/25/06)
October 27, 20061236SECOND AMENDED MASTER ANSWER AND AFFIRMATIVE DEFENSES. Document filed by Parker Holding Company Inc, Parker Oil Company. This Document Relates To: 04 cv 3418. (sn) Modified on 10/30/2006 (sn).
October 31, 20061257Court Opinion or Order ORDER ADMITTING ATTORNEY Annabelle M. Harris PRO HAC VICE for deft Southern Counties Oil Company. (Signed by Judge Shira A. Scheindlin on 10/30/06)
November 1, 20061259SECOND AMENDED MASTER ANSWER. Document filed by Parker Holding Company Inc, Parker Oil Company. (04-2070)(cd, )
November 1, 20061263TENTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Limited, Irving Oil Terminals, Inc., Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation, DEF Company(s), Giant Industries Inc, Lyondell-Citgo Refining LP, Marathon Ashland Petroleum LLC, Marathon Oil Company. Document filed by New Jersey American Water Company, Inc. et al(cd, )
November 2, 20061264SEVENTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Giant Yorktown, Inc., Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Phibro Inc., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, Getty Petroleum Marketing Inc., Mercury Fuel Service, Incorporated, Buckley Energy Group, Ltd., Santa Fuel Inc., Santa Holding Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., Buckley Energy Group, Ltd., Amerada Hess Corporation, Lyondell-Citgo Refining LP, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Our Lady of the Rosary Chapel.(cd, )
November 2, 20061265EIGHTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Giant Yorktown, Inc., Citgo Refining and Chemicals Company L.P., Union Oil Company of California, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Phibro Inc., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Getty Petroleum Marketing Inc., Mercury Fuel Service, Incorporated, Buckley Energy Group, Ltd., Santa Fuel Inc., Santa Holding Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., The Premcor Refining Group Inc., Buckley Energy Group, Ltd., Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by American Distilling & Manufacturing Co., Inc..(cd, )
November 2, 20061266Seventh AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Giant Yorktown, Inc., Union Oil Company of California, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Phibro Inc., Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, Getty Petroleum Marketing Inc., Mercury Fuel Service, Incorporated, Buckley Energy Group, Ltd., Buckley Gasoline Marketers, Inc., Santa Fuel Inc., Santa Holding Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., The Premcor Refining Group Inc., Amerada Hess Corporation, Lyondell-Citgo Refining LP, Citgo Petroleum Corporation.Document filed by Town of East Hampton.(cd, )
November 2, 20061267nINTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Giant Yorktown, Inc., Union Oil Company of California, Equistar Chemicals, LP, Colorado Refining Company, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Phibro Inc., Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Getty Petroleum Marketing Inc., Mercury Fuel Service, Incorporated, Buckley Gasoline Marketers, Inc., Santa Fuel Inc., Santa Holding Company, Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., The Premcor Refining Group Inc., Exxon Mobil Corporation, Texaco Inc., Buckley Energy Group, Ltd., Amerada Hess Corporation, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by United Water CT Inc..(cd, )
November 6, 20061283FIFTH AMENDED COMPLAINT against Shell Oil Products Company, Sunoco, Inc., Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Lyondell Chemical Company, Ashland Inc., Giant Yorktown, Inc., Union Oil Company of California, Equistar Chemicals, LP, TPI Petroleum, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Valero Refining Company-Louisiana, Valero RefiningTexas, Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., The Premcor Refining Group Inc., M & P Silver Family Partners II, Amerada Hess Corporation, Flint Hills Resources, LP, Lyondell-Citgo Refining LP, Marathon Ashland Petroleum LLC, Marathon Oil Company, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by Northampton Bucks County Municipal Authority. (04-1781)(cd)
November 6, 20061284THIRD AMENDED ANSWER to Complaint. Document filed by Lyondell Chemical Company.(cd)
November 7, 20061285Third Amended Master ANSWER to Complaints. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation, TRMI Holdings Inc..(cd)
November 7, 20061286AMENDED MASTER ANSWER to Complaint. Document filed by Gulf Oil Ltd. Partnership.(cd)
November 8, 20061287AMENDED MASTER ANSWER, AFFIRMATIVE DEFENSES AND CROSS-CLAIMS. Document filed by Plaacid Refining Company, LLC.(cd)
November 8, 20061288AMENDED MASTER ANSWER AND AFFIRMATIVE DEFENSES. Document filed by Giant Yorktown, Inc.(cd)
November 8, 20061289SECOND AMENDED MASTER ANSWER/MOTION TO DISMISS. Document filed by Giant Yorktown, Inc.(cd)
November 8, 20061290SECOND AMENDED MASTER ANSWER/MOTION TO DISMISS. Document filed by Giant Yorktown, Inc.(cd)
November 8, 20061291SECOND AMENDED MASTER ANSWER/MOTION TO DISMISS. Document filed by Giant Yorktown, Inc. (cd)
November 8, 2006 SECOND AMENDED MASTER ANSWER/MOTION TO DISMISS. Document filed by Giant Yorktown, Inc. (cd)
November 8, 20061292SECOND AMENDED MASTER ANSWER/MOTION TO DISMISS. Document filed by Giant Industries Inc. (cd)
November 8, 20061293SUPPLEMENTAL MEMORANDUM OF LAW in Support of Motion for Stay or Dismissal without prejudice based on primary jurisdiction. (re 04-4968) (cd)
November 8, 20061294DECLARATION of Jon Anderson in Support re: 1293 Memorandum of Law in Support. (cd)
November 8, 20061295MEMORANDUM OF LAW in Opposition To Plaintiffs' motion for Preliminary Injunction. Document filed by Exxon Mobil Corporation. (cd)
November 9, 20061260Court Opinion or Order ENDORSED LETTER addressed to Judge Shira A. Scheindlin from M. Christina Sanchez dated 11/6/06 re: a request by the parties for the date of plaintiffs' response papers to be extended to 11/13/2006 and for defendant's reply papers to be due by 11/30/2006. ENDORSEMENT: Plaintiff's request for an extension of time to answer defendants' motion for a more definite statement is granted. Plaintiff's shall file their response by 11/13/2006 and defendants shall reply by 11/30/2006. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/7/06) (kco, )
November 9, 2006 Set Deadlines as to 1156 MOTION for More Definite Statement. Responses due by 11/13/2006. Replies due by 11/30/2006. (kco, )
November 9, 20061261Court Opinion or Order AGREED ORDER REGARDING DOWNSTREAM HANDLER DEFENDANTS' RESPONSES TO PLAINTIFFS' AMENDED COMPLAINTS IN THE INDIANA CASES: The deadline for the Downstream Handlers to answer, move, or otherwise respond to plaintiffs' amended complaints filed in the above-referenced cases shall be 1/12/2007. (Signed by Judge Shira A. Scheindlin on 11/7/2006) (lb, )
November 9, 2006 Set Answer Due Date purs. to 1261 Order, as to 7-Eleven, Inc. answer due on 1/12/2007; Lassus Bros. Oil, Inc. answer due on 1/12/2007. (lb, )
November 13, 20061296PLAINTIFFS' REPLY MEMORANDUM OF LAW in Support of Motion for Preliminary Injunction. (re 05-5745) (cd)
November 14, 20061297PLAINTIFFS' RESPONSE to Defts' Motion for a More Definite Statement. (re 06-3753) (cd)
November 15, 20061273Court Opinion or Order AGREED ORDER OF DISMISSAL as to deft American Agip Co., without prejudice. (06-7657) (Signed by Judge Shira A. Scheindlin on 11/13/06)
November 17, 20061262Court Opinion or Order CASE MANAGEMENT ORDER #22; re: Discussion of Chart Categories in County of Suffolk, Identification of threatened wells, selection of Bellwether Wells, selection of case for first trial. (Signed by Judge Shira A. Scheindlin on 11/16/06) (pl, )
November 22, 20061269Court Opinion or Order ORDER OF SUBSTITUTON OF COUNSEL FOR VITOL, that David P. Langlois of Sutherland Asbill & Brennan LLP be substituted as counsel of record in this matter. (Signed by Judge Shira A. Scheindlin on 11/17/06)
November 22, 20061298THIRD AMENDED ANSWER. Document filed by Buckley Gasoline Marketers, Inc., Santa Holding Company, Buckley Energy Group, Ltd.. (re 04-1718)(cd)
November 22, 20061299THIRD AMENDED ANSWER. Document filed by Mercury Fuel Service, Incorporated. 9re 04-1718)(cd)
November 22, 20061300THIRD AMENDED ANSWER. Document filed by Mercury Fuel Service, Incorporated. (re 04-1719)(cd)
November 22, 20061301THIRD AMENDED ANSWER. Document filed by Mercury Fuel Service, Incorporated. (re 04-1720)(cd)
November 22, 20061302THIRD AMENDED ANSWER. Document filed by Mercury Fuel Service, Incorporated. (re 04-1721)(cd)
November 30, 20061270Court Opinion or Order ORDER ADMITTING ATTORNEY Elizabeth C. Williamson PRO HAC VICE for deft Flint Hills REsources. (Signed by Judge Shira A. Scheindlin on 11/22/06)
November 30, 2006 Transmission to Attorney Admissions Clerk. Transmitted re: 1270 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information.
November 30, 20061303DEFENDANTS' REPLY MEMORANDUM OF LAW in Support of their Motion for a More Definite Statement. (06-332) (cd)
December 1, 20061268RESPONSE in Opposition re: 1141 MOTION to Certify Class. and Memorandum. Document filed by John R. Hicks. (Attachments: # 1 # 2)Filed In Associated Cases: 1:00-cv-01898-SAS,1:03-cv-08248-SAS,1:03-cv-09050-SAS,1:03-cv-09543-SAS,1:03-cv-09544-SAS, 1:03-cv-10051-SAS,1:03-cv-10052-SAS,1:03-cv-10053-SAS,1:03-cv-10054-SAS,1:03-cv-10055-SAS, 1:03-cv-10056-SAS,1:03-cv-10057-SAS,1:04-cv-01716-SAS,1:04-cv-01718-SAS,1:04-cv-01719-SAS, 1:04-cv-01720-SAS,1:04-cv-01721-SAS,1:04-cv-01722-SAS,1:04-cv-01723-SAS,1:04-cv-01724-SAS, 1:04-cv-01725-SAS,1:04-cv-01726-SAS,1:04-cv-01727-SAS,1:04-cv-02053-SAS,1:04-cv-02055-SAS, 1:04-cv-02056-SAS,1:04-cv-02057-SAS,1:04-cv-02059-SAS,1:04-cv-02060-SAS,1:04-cv-02061-SAS, 1:04-cv-02062-SAS,1:04-cv-02066-SAS,1:04-cv-02067-SAS,1:04-cv-02068-SAS,1:04-cv-02070-SAS, 1:04-cv-02072-SAS,1:04-cv-02388-SAS,1:04-cv-02389-SAS,1:04-cv-02390-SAS,1:04-cv-03412-SAS, 1:04-cv-03413-SAS,1:04-cv-03415-SAS,1:04-cv-03416-SAS,1:04-cv-03417-SAS,1:04-cv-03418-SAS, 1:04-cv-03419-SAS,1:04-cv-03420-SAS,1:04-cv-04968-SAS,1:04-cv-04969-SAS,1:04-cv-04970-SAS, 1:04-cv-04971-SAS,1:04-cv-04972-SAS,1:04-cv-04973-SAS,1:04-cv-04974-SAS,1:04-cv-04975-SAS, 1:04-cv-04976-SAS,1:04-cv-04990-SAS,1:04-cv-05421-SAS,1:04-cv-05422-SAS,1:04-cv-05423-SAS, 1:04-cv-05424-SAS,1:04-cv-06993-SAS,1:05-cv-04018-SAS,1:05-cv-07269-SAS,1:05-cv-09070-SAS, 1:05-cv-10259-SAS,1:05-cv-10266-SAS,1:06-cv-00877-SAS,1:06-cv-01379-SAS,1:06-cv-01381-SAS, 1:06-cv-03741-SAS,1:06-cv-03742-SAS,1:06-cv-03750-SAS,1:06-cv-03751-SAS,1:06-cv-03752-SAS, 1:06-cv-03753-SAS,1:06-cv-03754-SAS,1:06-cv-05496-SAS,1:06-cv-05901-SAS,1:06-cv-05902-SAS, 1:06-cv-05903-SAS,1:06-cv-05905-SAS,1:06-cv-05906-SAS,1:06-cv-05907-SAS,1:06-cv-05911-SAS, 1:06-cv-05912-SAS,1:06-cv-05913-SAS,1:06-cv-05914-SAS,1:06-cv-05915-SAS,1:06-cv-05916-SAS, 1:06-cv-05917-SAS,1:06-cv-05919-SAS,1:06-cv-05920-SAS,1:06-cv-05921-SAS,1:06-cv-05922-SAS, 1:06-cv-05923-SAS,1:06-cv-05924-SAS,1:06-cv-05925-SAS,1:06-cv-05926-SAS,1:06-cv-05927-SAS, 1:06-cv-05928-SAS,1:06-cv-05930-SAS,1:06-cv-05931-SAS,1:06-cv-05932-SAS,1:06-cv-05933-SAS, 1:06-cv-05937-SAS,1:06-cv-05938-SAS,1:06-cv-05939-SAS,1:06-cv-05940-SAS,1:06-cv-05941-SAS, 1:06-cv-05942-SAS,1:06-cv-05943-SAS,1:06-cv-05945-SAS,1:06-cv-05946-SAS,1:06-cv-05947-SAS, 1:06-cv-05948-SAS,1:06-cv-05949-SAS,1:06-cv-05950-SAS,1:06-cv-05951-SAS,1:06-cv-05952-SAS, 1:06-cv-05953-SAS,1:06-cv-05954-SAS,1:06-cv-05955-SAS,1:06-cv-05956-SAS,1:06-cv-05957-SAS, 1:06-cv-05958-SAS,1:06-cv-05959-SAS,1:06-cv-05960-SAS,1:06-cv-05961-SAS,1:06-cv-05962-SAS, 1:06-cv-05963-SAS(Ishak, Paul)
December 12, 20061274Court Opinion or Order AGREED ORDER OF DISMISSAL as to deft Coastal Oil New England without prejudice, with each party to bear its own attorneys fees and costs. (Signed by Judge Shira A. Scheindlin on 12/8/06) (cd, )
December 13, 20061271TRANSCRIPT of proceedings held on 11/29/06 before Judge Shira A. Scheindlin. (mo, )
December 15, 20061304MEMORANDUM OF LAW in Support of Their Designation of 10 Focus Wells For Purposes of Discovery. Document filed by Exxon Mobil Corporation. (cd)
December 16, 20061305MASTER ANSWER. Document filed by Lyondell-Citgo Refining LP.(cd)
December 18, 20061272Court Opinion or Order ORDER GRANTING LEAVE TO AMEND: The city of New York's request seking leave to amend its complaint to add texaco Refining and Marketing (East), TMR Company, Total Petrochemicals USA, Inc., and Getty Properties Corp. as parties is herby granted. SO ORDERED (Signed by Judge Shira A. Scheindlin on 12/14/2006) (jmi, )
December 18, 20061277Court Opinion or Order OPINION & ORDER # 94048 re 04-4968, defts' motion is denied as to claims arisng from releases which occurred after 5/6/00. DEfts' motion is granted as to claims arising from releases which occurred prior to 5/6/00, where OCWD acted in response to an MTBE contaminiation, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 12/14/06)
December 21, 20061306RESPONSE to motion To Quash of Third Party United Water Management and Services. Document filed by Flint Hills Resources, LP.(re 04-2389) (cd)
December 26, 20061275TRANSCRIPT of proceedings held on 11/10/2006 before Judge Shira A. Scheindlin. (jmi, )
December 26, 20061276Court Opinion or Order ORDER; third-party United Water Management & Sevices' motion to quash defendant Fling HIllsl Resources, LP's subpoena duces tecum is hereby referred to Special Master Warner. (Signed by Judge Shira A. Scheindlin on 12/22/06) (djc)
January 3, 20071278Court Opinion or Order OPINION & ORDER #94086 granting and denying re: 1066 MOTION to Certify Class. filed by Edith Quick, (05-7269) (Signed by Judge Shira A. Scheindlin on 1/3/07) (cd, )
January 3, 20071307ANSWER to Third Party Complaint. Document filed by Charles Werth.(cd)
January 8, 20071279Court Opinion or Order OPINION & ORDER denying # 94406 re: 875 MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) to Stay. filed by Amerada Hess Corp. (04-2389,04-5424,04-3417) (Signed by Judge Shira A. Scheindlin on 1/8/07)
January 8, 20071308NOTICE OF APPEARANCE for Anthony B. Corleto of Corleto & Associates on behalf of subpoenaed depontent Leggette Brasheare & Graham, Inc. (cd)
January 8, 20071309MOTION to Quash subpoena as to Leggette Brashears & Graham, filed by Corelto & Assoc..(cd)
January 8, 20071310DECLARATION of Anthony Corleto in Support re: 1309 MOTION to Quash. (cd)
January 11, 20071281Court Opinion or Order ORDER that defts shall provide supplemental briefing by 1/16/07; plntfs' reply brief shall be submitted by 2/5/07. (re 05-5745) (Signed by Judge Shira A. Scheindlin on 1/9/07) (cd)
January 11, 20071282Court Opinion or Order OPINION & ORDER #94132 granting 1240 MOTION to Dismiss. filed by Sunoco, Inc., Exxon Mobil Corporation, Sunoco, Inc. (R&M). (03-9050) (Signed by Judge Shira A. Scheindlin on 1/10/07) (cd)
January 12, 20071313MOTION to Compel Discovery, filed by County of Suffolk. (re 04-5424).(cd)
January 12, 20071314MEMORANDUM OF LAW in Support, filed by County of Suffolk re: 1313 MOTION to Compel. (re 04-5424) (cd)
January 16, 20071311MOTION for More Definite Statement purs to FRCP 12(e). Document filed by 7-Eleven, Inc., Lassus Bros. Oil, Inc., Gulf Oil Ltd. Partnership. (re 04-2055,1724,2056,2057,0067)(cd)
January 16, 20071312MEMORANDUM OF LAW in Support re: 1311 MOTION for More Definite Statement. Document filed by 7-Eleven, Inc., Lassus Bros. Oil, Inc., Gulf Oil Ltd. Partnership. (cd)
January 18, 20071280Court Opinion or Order ORDER; Granting Sunoco, Inc and Sunoco, Inc to admit pro hac vice Thomas M. DiBiagio Esq., Kristine L. Sendek-Smith, Esq and Sarah E. Brull of Beveridge &Diamond, P.C. pro hac vice. Thomas M. DiBiagio, Esq. Kristine Sendek-Smith, Esq and Sarah E. Brull. Thomas M. DiBiagio, Esq., Kristine Sendek-Smith, Esq and Sarah E. Brull, Esq. are admitted to practice before this Court pro hac vice on behalf of Sunoco, Inc and Sunoco, Inc in this civil action upon the deposit of the required $25 fee per application ($75 total) to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 1/11/07) (djc)
January 23, 20071315SUPPLEMENTAL MEMORANDUM OF LAW in Support Of Their Motion for Summary Judgment based on the statute of limitations (re 04-5424). (cd)
January 23, 20071316DECLARATION of Peter Condron in Support re: 1315 Memorandum of Law in Support. (re 04-5424) (cd)
January 26, 2007 CASHIERS OFFICE REMARK on 1280 Order,, in the amount of $75.00, paid on 01/17/2007, Receipt Number 602627. (jd)
January 26, 20071317Court Opinion or Order AGREED ORDER OF DISMISSAL as to defts TPI Petroleum and Colorado Refining, without prejudice. (Signed by Judge Shira A. Scheindlin on 1/24/07) (cd)
January 26, 20071320MEMORANDUM OF LAW in further Support re: 1313 MOTION to Compel. Document filed by County of Suffolk et al. (04-5424) (cd).
January 31, 20071318LETTER addressed to Judge Scheindlin from Robin Greenwald dated 1/25/07 re agreement that no plaintiff will move to disqualify Baker Botts as counsel for Marathon Ashland based on Mr. Micallef's appointment as MTBE special law clerk. (cd)
February 1, 20071324REPLY MEMORANDUM OF LAW in Support, filed by plaintiffs re: 1141 MOTION to Certify Class. (05-5745) (cd)
February 1, 20071325MASTER ANSWER & AFFIRMATIVE DEFENSES. Document filed by Chevron Phillips Chemical Company LLC.(cd)
February 2, 20071319NOTICE of Voluntary Dismissal without prejudice of 7-Eleven, Inc. pursuant to Rule 41(a)(1) of the F.R.C.P. (Signed by Judge Shira A. Scheindlin on 1/31/007) (kco)
February 2, 20071366MASTER ANSWER & FFIRMATIVE DEFENSES to Complaint. Document filed by Chevron Phillips Chemical Company LLC. (cd)
February 5, 20071321Court Opinion or Order ORDER that purs to FRCP 53(a), I am appointing Ryan Micallef as Special Mster to further asist the Court, effective as of 1/30/07, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/30/07) (cd)
February 5, 20071322Court Opinion or Order CASE MANAGEMENT ORDER #23: re 1/30/07 status conference orders, see document for further instructions. (Signed by Judge Shira A. Scheindlin on 2/5/07) (cd)
February 5, 20071326AFFIDAVIT of Ryan Micallef re 28 USC 455, and no knowlege of any party. (cd)
February 7, 20071323TRANSCRIPT of proceedings held on 10/11/06 before Judge Shira A. Scheindlin. (jbe)
February 13, 20071327THIRD AMENDED COMPLAINT against Shell Oil Products Company, Tosco Corporation, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Ultramar, Inc., Lyondell Chemical Company, Vitol, S.A., Flint Hills Resources, LP, Equistar Chemicals, LP, Irving Oil Corporation, Irving Oil Limited, Citgo Refining and Chemicals Company L.P., Valero Refining Company New Jersey, Valero Refining Company-Louisiana, TRMI Holdings Inc., Shell Petroleum, Inc., TMR Company, Getty Petroleum Marketing Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., Global Companies, LLC, The Premcor Refining Group Inc., Coastal Eagle Piont Oil Company, BP Amoco Chemical Company, Inc., Amerada Hess Corporation, Marathon Ashland Petroleum LLC, Citgo Petroleum Corporation, Mobil Oil Corporation.Document filed by City of NY.(cd)
February 15, 20071328MEMORANDUM OF LAW re The Statute of Limitations. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (cd)
February 15, 20071329DECLARATION of William Costley III in Support re: 1328 Memorandum of Law. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (cd)
February 15, 20071330DECLARATION of Margaret Eggers in Support re: 1328 Memorandum of Law. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (cd)
February 15, 20071331DECLARATION of James Finsten in Support re: 1328 Memorandum of Law. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (cd)
February 20, 20071332Court Opinion or Order OPINION & ORDER #94290 granting re certification of the Homeowner Subclass and denying for certification of the Medical Monitoring Subclass re: 1141 MOTION to Certify Class. (05-5745) (Signed by Judge Shira A. Scheindlin on 2/20/07) (cd)
February 21, 20071335REPLY MEMORANDUM OF LAW in Support of Motion for Summary Judgment based on the Statute of Limitations. Document filed by Amerada Hess Corp et al. (re 04-5424) (cd)
February 21, 20071336DECLARATION of Peter Condron in Support re: 1335 Reply Memorandum of Law in Support. Document filed by Amerada Hess Corp. (re 04-5424) (cd)
February 21, 20071337Court Opinion or Order SECOND ORDER MODIFYING CASE MANAGEMENT ORDER #23 re the parties' arragement for Mobil's production of documents in electronic format. The first sentence of paragraph 6 of CMO 23 is hereby modified to read: By 3/31/07, defts ExxonMobil shall answer the County of Suffolk plntfs' 3/04 and 9/06 interrogatories, and as further set forth in this document. (re 04-5424, 04-2389, 04-3417) (Signed by Judge Shira A. Scheindlin on 2/20/07) (cd)
February 26, 20071338JOINDER to join Defts Supplemental Reply Memorandum in Support of Motion for Summary Judgment based onthe Statute of Limitations. Document filed by Flint Hills Resources, LP. et al (04-5424)(cd)
February 26, 20071339MOTION for Leave to File Second Amended Complaint. Document filed by Hope Koch. (re 05-5745)(cd)
February 26, 20071340MOTION to Certify Class and for partial Summary Judgment as to Breach of Contract and Declaratory Judgmgent claims. Document filed by Hope Koch. (re 05-5745)(cd)
February 28, 20071341Court Opinion or Order ORDER that the Court orders that discovery in this matter is stayed for 60 days, and that the deadline for completion of fact discovery is extended to 7/2/07. (re 05-7269) (Signed by Judge Shira A. Scheindlin on 2/23/07) (cd)
February 28, 20071342NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1)(i) of the F.R.C.P. as to deft Consumers Petroleum of Connecticut, Inc. (04-1719, 04-1718, 04-1720, 04-1721) (Signed by Judge Shira A. Scheindlin on 2/23/07) (cd)
February 28, 20071343Court Opinion or Order CASE MANAGEMENT ORDER No. 24 that former Suffolk County Water Authority wells identified on Exhibt A are dismissed with prejudice because they have been retired from the Suffolk County Water Authority system. Suffolk County Water Authority wells identified on Exhibit B are dismissed without prejudice because they have had no detections of MTBE, at any level since 1/1/03. (re 04-5421) (Signed by Judge Shira A. Scheindlin on 2/23/07) (cd)
March 5, 20071333Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Ronit C. Barrett for Citgo Refining and Chemicals Company L.P. and PDV Midwest Refining, L.L.C. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 2/28/07) (js)
March 5, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: 1333 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
March 5, 20071334Court Opinion or Order THIRD ORDER MODIFYING CASE MANAGEMENT ORDER #23; Case management Order #23 ("CMO 23") is hereby modified as follows to accomodate certain personal emergencies of plaintiff's counsel. The last sentence of paragraph 8 of CMO 23 is further modified to read: Defendant ExxonMobil shall produce its first 30(b)(6) witness for deposition by February 20, 2007, and its last 30(b)(6) witness by April 13, 2007. (Signed by Judge Shira A. Scheindlin on 2/27/07) (djc)
March 6, 20071344DECLARATION of Roy Herndon in Opposition to defts' Motion for Summary Judgment on the Statute of Limitations. Document filed by Orange County Water District. 9re 04-4968) (cd)
March 7, 20071345Court Opinion or Order OPINION & ORDER denying # 94370 re: 953 MOTION to Stay. filed by Atlantic Richfield Company. (Signed by Judge Shira A. Scheindlin on 3/6/07) (cd)
March 7, 20071346AMENDED MASTER ANSWER & AFFIRMATIVE DEENSES to Complaint. Document filed by Giant Yorktown, Inc. (cd)
March 8, 20071348FITH AMENDED MASTER ANSWER to Complaint. Document filed by Exxon Mobil Corporation.(cd)
March 9, 20071347FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - RESPONSE to Motion re: 1339 MOTION for Leave to File Second Amended Complaint., 1340 MOTION to Certify Class.. Document filed by John R. Hicks. (Ishak, Paul) Modified on 3/30/2007 (lb).
March 9, 20071350FOURTH AMENDED COMPLAINT against Atlantic Richfield Company, Amerada Hess Corporation et al.Document filed by City of NY. (re 04-3417)(cd)
March 12, 20071349ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 3/5/07 re: Plaintiffs request leave of court to supplement the complaints that were amended in October and November 2006 to add a federal claim under the Toxic Substances and Control Act; Plaintiffs' request is hereby granted. Plaintiffs may amend their Complaints to add express allegations of jurisdiction. Defendants' consent and concerns regarding their objections to jurisdiction are noted. (Signed by Judge Shira A. Scheindlin on 3/8/07) (ae)
March 12, 20071352REPLY To Defts' supplemental Brief Re Statute of Limitations. Document filed by Orange County Water District. (cd)
March 12, 20071353DECLARATION of Michael Axline In Support of Plaintiff's Reply To Defts' Supplemental Brief Re Statute of Limitations. Document filed by Orange County Water District. (re 04-4968) (cd)
March 12, 20071354SUPPLEMENTAL DECLARATION of Roy Herndon in Opposition To Defts' Motion for Summary Judgment on the Statute of Limitations. Document filed by Orange County Water District. (re 04-4968) (cd)
March 12, 20071356CROSS-MOTION for Partial Summary Judgment as to Count 7 of the Second Amended Complaint. Document filed by Exxon Mobil Corporation. (re 05-5745)(cd)
March 12, 20071358MEMORANDUM OF LAW in Support re: 1356 MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation. (cd)
March 13, 20071359MOTION to set Bellwether Trial of Ten Wells. Document filed by County of Suffolk et al. (re 04-5424)(cd)
March 14, 20071351Court Opinion or Order ORDER ADMITTING ATTORNEY Clement D. Carter, Esq and Gray B. Broughton, Esq. of Williams Mullen PRO HAC VICE on behalf of Giant Yorktown Inc. (Signed by Judge Shira A. Scheindlin on 3/12/07) (djc)
March 14, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: 1351 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (djc)
March 14, 20071355Court Opinion or Order CASE MANAGEMENT PLAN/ORDER: Defendants BP, Chevron and Shell shall produce information in accordance with Pre-trial Order #18 as to the sites whch are undisputed by April 2, 2007;... Expert discovery in the Orange County case shall be ocmpleted by June 30, 2008; By March 28, 2007, defendants shall complete their review of electronic matrials in accordance with the Special Master's Order...; By March 15, 2007, each defendant shall respond "yes" or "no" to plaintiff's inquiries as to whether each defendant was a participant in the relevant market during a given year. (Signed by Judge Shira A. Scheindlin on 3/12/07) (djc)
March 14, 20071357Court Opinion or Order ORDER;... Accordingly, I am appointing, purs to FRCP 53(a)(1)(A) and (a)(1)(C), after giving the parties notice and an opportunity to be heard David Geronemus, Esq., to serve as a Special Settlement Master, until further order of this Court...; The Special Settlement Master is directed "to proceed with all reasonable diligence" in the performance of his duties...; (Signed by Judge Shira A. Scheindlin on 3/12/07) (djc)
March 16, 20071361Court Opinion or Order ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Christopher J. Garvey dated 3/15/2007 re: to request a consent extension of the March 15, 2007 deadline in paragraph III (7) of CMO 25 for defendants to repond to plaintiffs' market share chart for the County of Suffolk case. ENDORSEMENT: Defendants' request is hereby granted. The deadline in paragraph 7 of case Management Order #25 is extended to March 29,2007. However, those defendants who have completed the charts shall produce them immediately. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 3/15/2007) (jmi)
March 19, 20071360TRANSCRIPT of proceedings held on 1/30/07 before Judge Shira A. Scheindlin. (cd)
March 19, 20071362Court Opinion or Order ORDER ADMITTING ATTORNEYS Clement D. Carter and Gray B. Broughton PRO HAC VICE for Giant Yorktown. (Signed by Judge Shira A. Scheindlin on 3/12/07) (cd)
March 19, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: 1362 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
March 20, 20071365REPLY MEMORANDUM OF LAW in Support of Motion for partial summary judgment as to breach-of-contract claims and response to ExxonMobil's cross motion for summary judgment. Document filed by Hope Koch. (re 05-5745) (cd)
March 21, 20071363TRANSCRIPT of proceedings held on 12/21/06 before Judge Shira A. Scheindlin. (cd)
March 21, 20071364TRANSCRIPT of proceedings held on 3/1/07 before Judge Shira A. Scheindlin. (cd)
March 26, 20071369MOTION to Amend/Correct Class Certification order purs to FRCP 23(c)(1)(C). Document filed by Hope Koch. (re 05-5745)(cd)
March 26, 20071370MASTER ANSWER AND AFFIRMATIVE DEFENSES. Document filed by Murphy Oil USA Inc. (cd)
March 27, 2007 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 03/22/2007, Receipt Number 609796. payment pro hac vice for Jeffrey A. Lamken. (jd)
March 27, 20071367Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Jeffrey A. Lamken for Ashland Inc., Marathon Ashland Petroleum LLC, Marathon Oil Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 3/20/07) Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-05424-SAS(db)
March 27, 20071368Fourth Order Modifying Case Management Order #23: paragraph 21 of CMO is amended to provide Robert Reynolds an additional 8 days to submit his report to 3/28/07; dfts' expert John Urbanchuk will have an additional 8 days to submit a supplemental report or until 4/25/07; any other identified defense expert responding to Reynolds may have until 4/25/07 to serve a report; the expert reports of Messrs. Tallett and Wilson will be served by 5/15/07; any experts responding to Messrs. Tallett and Wilson, including but not limited to experts identified by individual dfts, shall be identified no later than 3/31/07; the reports of such defense experts will be served no later than 6/15/07; any plaintiffs' rebuttal reports to be served no later than 7/13/07; submission of the rebuttal expert reports to dfts' experts reports submitted 3/1/07 by plaintiffs' toxicology taste and odor and air quality experts will be extended to 5/1/07; the reports of defense experts Dr. Garabrant and Dr. Mohr shall be served no later than 5/1/07; reports of plaintiffs rebutting these reports shall be served no later than 5/21/07. (Signed by Judge Shira A. Scheindlin on 3/20/07) (dle)
March 27, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: (1367 in 1:00-cv-01898-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-05424-SAS(db)
March 27, 20071381TRANSCRIPT of proceedings held on 3/20/07 before Judge Shira A. Scheindlin. (cd)
March 29, 20071371REPLY MEMORANDUM OF LAW in Support re: Cross Motion for Partial Summary Judgment as to Count 7 of the Second Amended Class Action Complaint. Document filed by Exxon Mobil Corporation. (re 05-5745) (cd)
March 29, 20071372MEMO ENDORSEMENT on re: GRANTING 1367 Order Admitting Attorney Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 3/28/07) Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-05424-SAS(db)
March 29, 20071373Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE: permitting Jeffrey A. Lamken to appear Pro Hac Vice for defendants Marathon Petroleum Company, marathon Oil Company and Ashland Inc. (Signed by Judge Shira A. Scheindlin on 3/28/07) Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-05424-SAS(db)
March 29, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: (1373 in 1:00-cv-01898-SAS) Order Admitting Attorney Pro Hac Vice, Memo Endorsement, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-05424-SAS(db)
March 29, 20071374Court Opinion or Order ORDER granting 865 Motion to Withdraw as Attorney. Attorney Rebecca L. Bouchard terminated. (Signed by Judge Shira A. Scheindlin on 3/23/2007) (jmi)
March 29, 20071375Court Opinion or Order CASE MANAGEMENT ORDER #26:Responses due by 4/9/2007,Replies due by 5/14/2007. (Signed by Judge Shira A. Scheindlin on 3/26/2007) (jmi)
March 30, 2007 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Paul Ishak to MANUALLY RE-FILE Document RESPONSE to Motion re: 1339 , Document No. 1347. This case is not ECF. (lb)
March 30, 20071377ANSWER to Second Amended Master Answer, Affirmative Defenses, and Cross Claims. Document filed by Plaacid Refining Company, LLC. (cd)
April 2, 20071378RESPONSE To The Motion To Alter or Amend Class Certification Order. Document filed by John R. Hicks. (re 05-5745) (cd)
April 2, 20071379MEMORANDUM OF LAW in Opposition Plaintiff's Motion to Alter or Amedn Class Certification Decision. Document filed by Exxon Mobil Corporation. (re 05-5745) (cd)
April 2, 20071380AMENDED MASTER ANSWER. Document filed by Phibro Inc. (re 04-1718, 04-1719, 04-1720, 04-1721)(cd)
April 5, 20071376Court Opinion or Order FIFTH ORDER MODIFYING CASE MANAGEMENT ORDER #23 by agreement of the parties and with permission of the Court, Case Management Order #23 is hereby modified with respect to the submission of expert reports as follows: Paragraph 24 of CMO 23 is amended to provide plaintiff UWNY a three-week extension from March 29,2007, to April 19,2007, to designate its Treatment Expert. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 4/4/2007) (jmi)
April 6, 20071382Court Opinion or Order ORDER that the Clerk of the Court is directed to close the 1/23/06 "motion to dismiss" on the United Water docket (04-2389). For reference, the Motion is listed as #867 on the masterr docket (00-1898). (Signed by Judge Shira A. Scheindlin on 4/5/07) (cd)
April 6, 20071383Court Opinion or Order STIPULATION AND ORDER that defts' provision of alternative water (including but not limited to bottled water, filtration or water main hookup) resulting from testing in 3/07 to the residence at 6143 Route 17 shall not be used by plntfs, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 4/6/07) (cd)
April 6, 20071384Court Opinion or Order ORDER directing the Clerk of the Court to close re: 1146 MOTION to apply causation theories. filed by SFPP, L.P. (re 04-5424) (Signed by Judge Shira A. Scheindlin on 4/5/07) (cd)
April 10, 20071390Order/Substitution of Counsel that Porter Scott Weiberg & Delehant for Greenan Peffer et al for deft Blue Star Petroleum (Signed by Judge Shira A. Scheindlin on 4/9/07) (cd)
April 10, 20071391Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Jeffrey A. Lamken for Ashland Inc. and Marathon Ashland Petroleum LLC admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/2/07) (04-5424)(cd)
April 11, 20071392RESPONSE to Motion re: 1359 MOTION to set Bellwether Trial of Ten Wells. Document filed by Chevron U.S.A., Inc., Chevrontexaco Corporation. (cd)
April 11, 20071393RULE 56.1 STATEMENT. Document filed by Equilon Enterprises et al. (04-5424) (cd).
April 11, 20071394MEMORANDUM OF LAW in Support of Partial Summary Judgment onc claims for Punitive Damages based on market share liability. Document filed by Equilon Enterprises LLC. (re 04-5424) (cd)
April 11, 20071395MOTION for Partial Summary Judgment on claims for Punitive Dmages Based on Market Share Liability. Document filed by Equilon Enterprises LLC et al. (04-5424)(cd)
April 12, 20071386Court Opinion or Order AGREED ORDER OF DISMISSAL;... the Court, having considered the foregoing representations, is of the opinion and does hereby dismiss without prejudice Defendant Lassus Bros. Oil, Inc in the manner heretofore. (Signed by Judge Shira A. Scheindlin on 4/11/07) (djc)
April 13, 20071385TRANSCRIPT of proceedings held on 3/23/07 before Judge Shira A. Scheindlin. Associated Cases: 1:00-cv-01898-SAS et al.(tro)
April 16, 20071387Court Opinion or Order ORDER withdrawing 1311 Motion for More Definite Statement. The Clerk is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 4/6/07) (cd)
April 19, 20071388FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lyondell Chemical Company.(Brown, Daniel) Modified on 4/20/2007 (lb).
April 20, 2007 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Daniel Brown to MANUALLY RE-FILE Document RULE 7.1 CORPORATE DISCLOSURE STATEMENT, Document No. 1388. This case is not ECF. (lb)
April 20, 20071397MOTION for Adam J. Hollingsworth to Appear Pro Hac Vice. Document filed by Gulf Oil Ltd. Partnership.(cd)
April 25, 2007 CASHIERS OFFICE REMARK on 1373 Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 04/20/2007, Receipt Number 612969. (jd)
April 25, 20071389Court Opinion or Order STIPULATION AND ORDER come now the parties and stipulate that Defendants' provision of alternate water (including, but not limited to bottled water, filtration or water main hookup) resuling from testing in March, 2007 to the residence at 6143 Route 17 shall not be used by Plaintiffs, Plaintiffs counsel, class members or potential class members as evidence, or to support any suggestion, inference or opinion indicating that the volatile organic compounds detected in the well at that residence resulted from the alleged release of gasoline from the Shell pipeline that is the subject of this lawsuit. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 4/23/2007) (jmi)
April 25, 20071398REPLY to defts' Response to Motion To Set Bellwether Trial of Ten Wells. Document filed by County of Suffolk. (cd)
April 26, 20071399NOTICE OF APPEARANCE by Sheila L. Birnbaum on behalf of Shell Oil Products Company, Chevron U.S.A., Inc., BP Products North America, Inc., ConocoPhillips Company, Shell Petroleum, Inc., Shell Trading (US) Company, BP Amoco Chemical Company, Inc. (cd)
April 27, 20071400MOTION to Compel defts Shell Oil et al re the production of all documents on defts' Phase I Log, and as further set forth in this document. Document filed by County of Suffolk, United Water New York, Inc.(cd)
April 30, 20071396Court Opinion or Order ORDER admit pro hac vice Russell D. WorkmanEsq. of King & Spalding LLP and the request is hereby GRANTED. (Signed by Judge Shira A. Scheindlin on 4/25/2007) (jmi)
April 30, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: 1396 Order, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi)
May 3, 20071402AMENDED MASTER ANSWER to Complaint. Document filed by Giant Yorktown, Inc. (cd)
May 7, 20071405AMENDED MASTER ANSWER to Complaint. Document filed by Giant Yorktown, Inc. (cd)
May 7, 20071406AMENDED MASTER ANSWER to Complaint. Document filed by Giant Yorktown, Inc. (re 07-2405)(cd)
May 7, 20071407MEMORANDUM OF LAW in Opposition re: Defts' Motion for Partial Summary Jugment on Claims for Punitive Damages Based on Market Share Liability. Document filed by SFPP, L.P. (re 04-5424) (cd)
May 7, 20071408DECLARATION of Curt Marshall in Support re: 1407 Memorandum of Law in Opposition to Motion. (re 04-5424) (cd)
May 7, 20071409COUNTER STATEMENT TO Rule 56.1 statement, filed by plaintiffs (re 04-5424) (cd)
May 8, 20071401Court Opinion or Order STIPULATION AND ORDER to file the complaints in the above-captioned cases shall be extended to May 31, 2007. (Signed by Judge Shira A. Scheindlin on 5/7/2007) (jmi)
May 8, 2007 Set Answer Due Date purs. to 1401 Stipulation and Order as to Huntsman Corporation answer due on 5/31/2007. (jmi)
May 8, 20071410MOTION for Joinder in Defts' Motino for Summary Jugment based on the Statute of Limitations. Document filed by Total Petrochemicals USA, Inc., Getty Properties Corp. (re 04-3417)(cd)
May 9, 20071403Court Opinion or Order PROPOSED ORDER FOR ADMISSION PRO HAC VICE Peter M. Morrisette is GRANTED. (Signed by Judge Shira A. Scheindlin on 4/25/2007) (jmi)
May 14, 20071411Court Opinion or Order ORDER denying 1369 MOTION to Amend/Correct. filed by Hope Koch. The Clerk of the Court is directed to close this motion (no. 1369 on docket 00-1898) (re 05-5745) (Signed by Judge Shira A. Scheindlin on 5/8/07) (cd)
May 15, 20071412MEMORANDUM OF LAW re the Three Issues Raised by the Court at the 4/27/07 Oral Argument. Document filed by BP Amoco Chemical Company, Inc. et al. (re 04-5424) (cd)
May 15, 20071413SUPPLEMENTAL MEMORANDUM OF LAW re Trial Plan (re 04-5424). (cd)
May 16, 20071404Court Opinion or Order ORDER Discovery in this matter is stayed until 6/11/07 and Fact Discovery due by 9/14/2007. (Signed by Judge Shira A. Scheindlin on 5/14/07) (jco)
May 17, 20071415TRANSCRIPT of proceedings held on 4/27/07 before Judge Shira A. Scheindlin. (cd)
May 17, 20071416TRANSCRIPT of proceedings held on 4/27/07 before Judge Shira A. Scheindlin. (cd)
May 17, 20071417TRANSCRIPT of proceedings held on 5/14/07 before Judge Shira A. Scheindlin. (cd)
May 17, 20071418REPLY MEMORANDUM OF LAW in Support of defts Motion for Partial Summary Judgment on Claims for Punitive Damages (re 04-5424). (cd)
May 29, 20071414CASE MANAGEMENT PLAN:Motions due by 7/31/2007.,Responses due by 8/17/2007,Replies due by 8/31/2007; Sunoco's expert report in rebuttal to the expert report of Myron A. Mehlman, Ph.D. shall be served on 5/28/07; the deposition of plaintiffs' toxicology expert, Myron A. Mehlman, Ph.D. shall be completed by 7/17/07. (Signed by Judge Shira A. Scheindlin on 5/17/07) (dle)
May 29, 20071421Court Opinion or Order AGREED ORDER OF DISMISSAL purs to FRCP 41(a)(2) as to deft Ashland Inc.. (Signed by Judge Shira A. Scheindlin on 5/25/07) (cd)
May 30, 20071423MEMORANDUM OF LAW in Further Support of Plaintiffs' Motion To Compel Discovery, filed by plaintiffs (re 04-5424). (cd)
June 1, 20071420Court Opinion or Order STIPULATION AND ORDER: Plts and Deft Occidental Chemical Corporation shall have until 6/30/2007, to file a response to the complaints in the above-captioned cases. (Signed by Judge Shira A. Scheindlin on 5/31/2007) (jar)
June 1, 20071422Court Opinion or Order ORDER denying 1156 Motion for More Definite Statement and the Clerk of Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 6/1/07) (cd)
June 4, 20071419Court Opinion or Order OPINION AND ORDER # 94741 re: for reasons further set forth in said Order, defendants' 891 , 907 , 934 , 959 , 962 , 963 , 964 and 1410 Motion in this action are each DENIED IN PART AND GRANTED IN PART. The Clerk of the Court is directed to close these Motions. (Signed by Judge Shira A. Scheindlin on 6/4/07) (db)
June 4, 20071424MASTER ANSWER and AFFIRMATIVE DEFENSES to Complaint. Document filed by Huntsman Corporation.(cd)
June 8, 20071425LETTER addressed to Judge Scheindlin from George Sibley dated 6/6/07, re compelling plainitff United Water NY to provide respones to Interrogatories propounded by defts, filed by defendants. (re 04-2389) (cd)
June 11, 20071426Court Opinion or Order SIXTH ORDER MODIFYING CASE MANAGEMENT ORDER #23: By agreement of the parties and with permission of the Court, Case Management Order #23("CMO 23") is hereby modified with respect to the submission of expert reports.Rubuttal Report due by 6/15/2007.,Ready for Trial by 3/3/2008. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 6/4/2007) (jmi)
June 13, 20071428MOTION for Reconsideration of the Court's appliation of one of tis ruling in the Opinion and Order, dated 6/4/07. Document filed by City of NY. (re 04-3417)(cd)
June 13, 20071429MEMORANDUM OF LAW in Support re: 1428 MOTION for Reconsideration. Document filed by City of NY. (re 04-3417) (cd)
June 14, 20071431JOINT PROPOSAL EGADING TRIAL PLAN, the parties shall be allowed to present all admissible evidence on all issues regarding the claim for liability and compensatory damages with respect to whatever wells are at issue in the trial before the jury renders any findings or verdict, and as further set forth in this document. (re 04-5424) (Signed by Judge Shira A. Scheindlin on 6/13/07) (cd)
June 14, 20071432CORRECTED MOTION for Reconsideration of the Court's application of one of its rulings in the Opinion and Order, dated 6/4/07. Document filed by City of NY. (re 04-3417)(cd)
June 14, 20071433CORRECTED MEMORANDUM OF LAW in Support re: 1432 MOTION for Reconsideration. Document filed by City of NY. (re 04-3417) (cd)
June 15, 20071430Opinion and Order that for the reasons set forth herein, plaintiffs' motion to set Bellwether Trial of Ten Wells is granted in part and denied in part. The clerk of the court is directed to close this motion (doc. #1359). (Signed by Judge Shira A. Scheindlin on 6/15/07) (dle)
June 18, 20071427NOTICE OF CHANGE OF ADDRESS by Samuel Joseph Abate, Jr on behalf of Citgo Petroleum Corporation. New Address: Pepper Hamilton LLP, 420 Lexington Avenue, Suite 2320, New York, New York, USA 10170, (212) 808-2700. (Abate, Samuel)
June 18, 20071458NOTICE OF APPEARANCE by Kathleen M. Balderston on behalf of Sabic Americas, Inc. (cd)
June 18, 20071459RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Sabic International Ltd. as Corporate Parent. Document filed by Sabic Americas, Inc..(cd)
June 19, 20071439Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Suzanne E. Duddy, Esq., Dawn A. Ellison, Esq.; Peter L. Tracey, Esq., Donna M. Drake-Carlton, Esq., and Lara Degenhart, Esq., are admitted to practice before this Court pro hac vice on behalf of Amerada Hess, El Paso Merchant Energy petroleum Company and Coastal Eagle Point Company; and that Peter T. Gregg, Esq is admitted to practice before this Court pro hac on behalf of El Paso Merchant Energy Petroleum Company and Coastal Eagle Point Company, in this civil action upon the deposit of the required $25 fee per applicant ($125 total) to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 6/15/07) (djc)
June 22, 20071436TRANSCRIPT of proceedings held on May 17, 2007 before Judge Shira A. Scheindlin. (djc)
June 22, 20071437TRANSCRIPT of proceedings held on May 14, 2007 before Judge Shira A. Scheindlin. (djc)
June 26, 20071434TRANSCRIPT of proceedings held on 5/16/07 before Judge Shira A. Scheindlin. (jbe)
June 26, 20071441Court Opinion or Order ORDER; granting 1339 Motion for Leave to File Document. The Clerk of the Court is directed to close this motion (No. 1339 on docket 00cv1898).. (Signed by Judge Shira A. Scheindlin on 6/25/07) (pl)
June 28, 20071435Court Opinion or Order ORDER the class is therefore certified, and Timothy and Jennifer Blevins are appointed as representatives of this class. The Clerk of the Court is directed to leave the motion open, however, pending resolution of the summary judgment motions on the contract claim by this, or another, court. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 6/27/2007) (jmi) Modified on 7/11/2007 (Miles, Janeen).
June 28, 20071438Court Opinion or Order STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND; plaintiffs City of Inverness, Homosassa Water District, and Tampa Bay Water and defendant SABIC Americas, Inc. by and through their respective counsel, stipulate and agree that the time within which defendant may move, plead, or otherwise respond to the plaintiffs Second Amended Complaint shall be extended to 7/15/2007. (Signed by Judge Shira A. Scheindlin on 6/27/07) Filed In Associated Cases: 1:00-cv-01898-SAS, 1:07-cv-04009-SAS, 1:07-cv-04011-SAS, 1:07-cv-04012-SAS(kco)
June 29, 20071442TRANSCRIPT of proceedings held on 5/16/07 before Judge Shira A. Scheindlin. (cd)
June 29, 20071443MASTER ANSWER to Complaint and MASTER THIRD-PARTY COMPLAINT. Document filed by Occidental Chemical Corporation.(cd)
July 2, 20071445THIRD AMENDED MASTER ANSWER AND MASTER THIRD PARTY COMPLAINT. Document filed by Equistar Chemicals, LP. (cd)
July 2, 20071446FOURTH AMENDED ANSWER to Complaint and MASTER THIRD PARTY COMPLAINT. Document filed by Lyondell Chemical Company.(cd)
July 2, 20071447THIRD AMENDED MASTER ANSWER. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M). (cd)
July 2, 20071448THIRD AMENDED MASTER ANSWER. Document filed by Atlantic Richfield Company, BP Products North America, Inc. BP West Coast LLC, BP Amoco Chemical Company, Inc. (cd)
July 2, 20071449SUPPLEMENTAL MASTER ANSWER. Document filed by PDV Midwest Refining, L.L.C. (cd)
July 2, 20071450THIRD AMENDED MASTER ANSWER. Document filed by Flint Hills Resources, LP. (cd)
July 3, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: 1439 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (djc)
July 3, 20071440RESPONSE to Motion re: 1432 MOTION for Reconsideration.. Document filed by Flint Hills Resources, LP, Equistar Chemicals, LP. (jp)
July 5, 20071451Court Opinion or Order AGREED ORDER OF DISMISSAL as to deft Getty Properties without prejudice. (Signed by Judge Shira A. Scheindlin on 7/2/07) (cd)
July 5, 20071452Court Opinion or Order CASE MANAGEMENT ORDER #27, the deposition ofplntfs' toxicology expert, Myron Mehlman PhD shall be completed by 7/31/07. Re Sunoco motion for summary judgment: Motion due by 8/14/2007.Responses due by 8/31/2007, Replies due by 9/14/2007. (Signed by Judge Shira A. Scheindlin on 7/2/07) Filed In Associated Cases: 1:00-cv-01898-SAS, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
July 5, 20071453SECOND AMENDED MASTER ANSWER. Document filed by Murphy Oil USA Inc. (cd)
July 5, 20071454THIRD AMENDED MASTER ANSWER. Document filed by Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company. (cd)
July 9, 2007 CASHIERS OFFICE REMARK on 1439 Order Admitting Attorney Pro Hac Vice,, in the amount of $150.00, paid on 06/18/2007, Receipt Number 618645. (jd)
July 10, 20071455MOTION to Remand to the NYS Supreme Court. (re 04-3417). Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-03417-SAS(cd)
July 10, 20071456MEMORANDUM OF LAW in Support re: (34 in 1:04-cv-03417-SAS) MOTION to Remand.. Document filed by Exxon Mobil Oil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-03417-SAS(cd)
July 10, 20071457REPLY MEMORANDUM OF LAW in Support re: (1432 in 1:00-cv-01898-SAS) MOTION for Reconsideration.. Document filed by City of NY. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-03417-SAS(cd)
July 12, 20071461MASTER ANSWER to Complaint. Document filed by Sabic Americas, Inc. (re 07-2403, 07-2406, 07-2507)(cd)
July 12, 20071462ANSWER to Complaint. Document filed by Sabic Americas, Inc. (re 07-2405)(cd)
July 12, 20071463MASTER ANSWER to Complaint. Document filed by Sabic Americas, Inc. (re 07-4009, 07-4011, 07-4012) (cd)
July 12, 20071464MOTION for Leave to File Fourth Amended Complaint. Document filed by Edith Quick. (re 05-7269)(cd)
July 12, 20071465MOTION to Approve of Class Notice. Document filed by Edith Quick. (re 05-7269)(cd)
July 13, 20071444NOTICE OF APPEAL from 1430 Memorandum & Opinion,. Document filed by Shell Oil Products Company, Texaco Inc., Atlantic Richfield Company, Valero Energy, Inc., Chevron U.S.A., Inc., Motiva Enterprises, LLC, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Exxon Mobil Corporation, Shell Oil Company, Texaco Refining and Marketing, Inc., Lyondell Chemical Company, Equistar Chemicals, LP, Irving Oil Corporation, Irving Oil Limited, Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero RefiningTexas, Total Petrochemicals USA, Inc., Shell Trading (US) Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, The Premcor Refining Group Inc., Marathon Oil Company, Hess Corporation, Marathon Petroleum Company, Shell Oil Products Company LLC, Texaco Refining & Marketing (East), Inc., TRMI Holdings, TMR Company. Filing fee $ 455.00, receipt number E 620719. Notice of appeal mailed to attorney(s) of record: Weitz & Luxenberg, P.C., Baron & Budd, P.C. Samuel Issacharoff, Esq., McDermott Will & Emery LLP, King & Spalding LLP, Wallace King Domike & Branson PLLC., and Skadden Arps, Slate, Meagher & Flom LLP. This document relates case : 04cv5424. (nd)
July 16, 2007 Transmission of Notice of Appeal to the District Judge re: 1444 Notice of Appeal. (nd)
July 16, 2007 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 1444 Notice of Appeal. (nd)
July 16, 20071460Court Opinion or Order ORDER TO REMAND: The above-captioned cases be remanded to the state courts from which they were moved. The Clerk of this Court furnish the Clerks of the appropriate state courts with an attested or certified copy of this Order. This relates to: 05cv3227(SAS) and 06cv877(SAS). (Signed by Judge Shira A. Scheindlin on 7/10/2007) (jar)
July 16, 20071466Court Opinion or Order ORDER: The time for dft Texas Petrochemicals to answer, move or appear is extended through 8/10/2007. (Signed by Judge Shira A. Scheindlin on 7/13/2007) (jar)
July 19, 20071467STIPULATION OF DISMISSAL; OF DEFENDANTS SPARTAN PETROLEUM AND SPARTAN OIL; pursaunt to FRCP 41(a)(1), plaintiffs voluntarily dismiss without prejudice the summons and the complaint in this case as against Spartan and reserve all of plaintiff' rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 7/18/07) (kco)
July 23, 20071470MEMORANDUM OF LAW in Opposition to Defendants Motion to Remand Suffolk County Water Authority to State Court. Document filed by County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-05424-SAS(cd)
July 25, 20071468TRANSCRIPT of proceedings held on 5/18/07 before Judge Shira A. Scheindlin. (jbe)
July 26, 2007 Received returned mail re: Notice of Appeal. Mail was addressed to Peter John Sacripanti; James A. Pardo of McDermott Will & Emery LLP at 50 Rockefeller Plaza, 11th Floor, New York, NY 10020 and was returned for the following reason(s): Forward Time Expired. Return to Sender. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-05424-SAS(tp)
July 27, 2007 Appeal Remark as to (1444 in 1:00-cv-01898-SAS) Notice of Appeal, filed by Motiva Enterprises, LLC, Valero Refining Company New Jersey, Texaco Inc., Valero RefiningTexas, Irving Oil Corporation, Equistar Chemicals, LP, Marathon Oil Company, Shell Trading (US) Company, The Premcor Refining Group Inc., Valero Refining and Marketing Company, Chevron U.S.A., Inc., ConocoPhillips Company, Atlantic Richfield Company, Shell Oil Company, Shell Oil Products Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, BP Products North America, Inc., Chevrontexaco Corporation, Lyondell Chemical Company, Irving Oil Limited, Total Petrochemicals USA, Inc., Texaco Refining and Marketing, Inc., Exxon Mobil Corporation, Valero Energy, Inc., El Paso Merchant Energy -Petroleum Company, Notice of Appeal,,,,, filed by The Premcor Refining Group, Inc, Motiva Enterprises LLC, Texaco, Inc, Shell Oil Products Company, LLC, Irving Oil Corporation, Equistar Chemicals, LP, Marathon Oil Company, Shell Trading (US) Company, Chevrontexaco Corporation,, Valero Refining and Marketing Company, Atlantic Richfield Company, Texaco Refining & Marketing, Inc., Shell Oil Products Company, Valero Refining Company, Shell Oil Company, Conocophillips Company,, Valero Marketing and Supply Company, Lyondell Chemical Company, Irving Oil Limited, Texaco Refining & Marketing (East), Inc., Total Petrochemicals USA, Inc., TMR Company,, El Paso Merchant Energy-Petroleum Company, Exxon Mobil Corporation, BP Amoco Chemical Company, Valero Energy Corporation, Coastal Eagle Point Oil Company, Getty Petroleum Marketing, Inc., Chevron U.S.A., Inc. Forwarded NOA returned 7/26/07 to 340 Madison Ave., 17th Floor, New York, NY 10173-1922. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-05424-SAS(tp)
July 30, 20071469TRANSCRIPT of proceedings held on 6/19/07 before Judge Shira A. Scheindlin. (jbe)
July 31, 20071471MOTION to Remand to state court. Document filed by Quincy Community Services District.Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-04970-SAS(cd)
July 31, 20071472DECLARATION of Richard Franco in Support re: (1471 in 1:00-cv-01898-SAS, 18 in 1:04-cv-04970-SAS) MOTION to Remand. Document filed by Quincy Community Services District. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-04970-SAS(cd)
July 31, 20071473Court Opinion or Order ORDER TO REMAND that 05-5745 (Koch et al v Hicks et al) is remanded to the state court from which it was removed. It is further ordered that the Clerk of this Court furnish the Clerk of the appropriate state court with an attested or certified copy of this order. (also docked in 05-5745) (Signed by Judge Shira A. Scheindlin on 7/25/07) (cd)
August 1, 20071474MOTION to Remand state court. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-04968-SAS(cd)
August 3, 20071475REPLY MEMORANDUM OF LAW in Support re: Motion to Remand to NYS Supreme Court. Document filed by Suffolk County Water Authority. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-05424-SAS(cd)
August 8, 20071476Court Opinion or Order ORDER TO REMAND that the case be remanded to the state court from which it was removed. The Clerk of the Court furnish the Clerk of the appropriate state court with an attested or certified copy of this order. (Signed by Judge Shira A. Scheindlin on 8/3/07) Filed In Associated Cases: 1:00-cv-01898-SAS, 1:05-cv-10266-SAS(cd)
August 9, 20071477TRANSCRIPT of proceedings held on 7/26/07 before Judge Shira A. Scheindlin. (cd)
August 10, 20071478MOTION to Quash Cigo's Subpoena served on Robert Reynolds, filed by plaintiffs (cd).
August 10, 20071479MEMORANDUM OF LAW in Support re: 1478 MOTION to Quash, filed by plaintiffs. (cd)
August 10, 20071481NOTICE OF APPEARANCE by Caryn Michele Silverman on behalf of Texas Petrochemicals LP (cd)
August 10, 20071482RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Texas Petrochemicals, Inc. as Corporate Parent. Document filed by Texas Petrochemicals LP.(cd)
August 10, 20071483MASTER ANSWER to Complaint. Document filed by Texas Petrochemicals LP.(cd)
August 13, 20071480Court Opinion or Order STIPULATION AND ORDER TO FURTHER AMEND CERTAIN CASE MANAGEMENT DATES SET FORTH IN CMO NO. 23: re summary judgment motions:Motion due by 1/31/2008. Response due by 3/14/2008. Reply due by 4/14/2008. Expert Discovery due by 12/21/2007. (Signed by Judge Shira A. Scheindlin on 8/7/07) Filed In Associated Cases: 1:00-cv-01898-SAS, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
August 15, 20071485MOTION for Summary Judgment on plaintiffs' emotional distess claims. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
August 16, 20071484Court Opinion or Order OPINION AND ORDER # 95059: For the foregoing reasons, defendants' motion in limine is granted. When the New York plaintiffs reply on market share liability to prove causation for a particular well, they are precluded from arguing that punitive damages are available for that well, and are further precluded from presenting evidence that is relevant solely to punitive damages as to that well. The Clerk of the Court is directed to close this Motion (document # 1395). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 8/16/2007) Filed In Associated Cases: 1:00-cv-01898-SAS et al.(jmi)
August 16, 20071486RULE 56.1 STATEMENT. Document filed by SUNOCO, INC.,, SUNOCO (R & M). Filed In Associated Cases: 1:00-cv-01898-SAS, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
August 16, 20071487DECLARATION of Daniel Krainin in Support re: (22 in 1:03-cv-08248-SAS, 18 in 1:03-cv-09050-SAS, 1485 in 1:00-cv-01898-SAS) MOTION for Summary Judgment.. Document filed by SUNOCO, INC.,, SUNOCO (R & M). Filed In Associated Cases: 1:00-cv-01898-SAS, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
August 16, 20071488MEMORANDUM OF LAW in Support re: (22 in 1:03-cv-08248-SAS, 18 in 1:03-cv-09050-SAS, 1485 in 1:00-cv-01898-SAS) MOTION for Summary Judgment.. Document filed by SUNOCO, INC.,, SUNOCO (R & M). Filed In Associated Cases: 1:00-cv-01898-SAS, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
August 17, 20071490JOINDER in plaintiffs' Motion to Quash defendant CITGO petroleum Corporation's subpoena served on former 7-Eleven employee Robert Reynolds. Document filed by 7-Eleven, Inc.(kkc)
August 22, 20071491ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Maurice W. Heller dated 7/18/07 re: a request by the Town of Highlands to amend the Town's answer to the Third Party Complaint. ENDORSEMENT: The Town of Highland's request is granted. The Town may file the amended answer as agreed by defendants. (Signed by Judge Shira A. Scheindlin on 8/20/07) (kco)
August 22, 20071492Court Opinion or Order ORDER: the deadline for completion of fact discovery is extended to 12/14/2007. (Signed by Judge Shira A. Scheindlin on 8/20/07) (kco)
August 22, 20071493Court Opinion or Order TENTH ORDER MODIFYING CASE MANAGEMENT ORDER #23: the parties are correcting the deadline for the report of any defense expert responding to plaintiff's well specific economist to 10/1/2007. The deadline for plaintiff's rebuttal well specific economist report is likewise changed from 9/28/2007 to 10/22/2007. (Signed by Judge Shira A. Scheindlin on 8/20/07) (kco)
August 22, 20071494Court Opinion or Order ORDER granting 1464 Motion for Leave to File a Fourth Ameneded Complaint. the parties' stipulated request to extend the due dates of the remaining briefs on plaintiffs' Motion for Class Notice is GRANTED. Defendant Shell's response is due on 9/7/2007 and plaintiffs' reply is due on 9/28/2007. (Signed by Judge Shira A. Scheindlin on 8/20/07) (kco)
August 22, 2007 Set Deadlines as to 1465 MOTION to Approve of Class Notice. Responses due by 9/7/2007. Replies due by 9/28/2007. (kco)
August 22, 20071495PLAINTIFFS' REPLY BRIEF IN FURTHER SUPPORT OF MOTION TO DISMISS DEFENDANTS' APPEAL OF TRIAL PLAN ORDER. Document filed by County of Nassau. (jco)
August 22, 20071496MEMORANDUM OF LAW in Support re: 1455 MOTION to Remand, 1471 MOTION to Remand, 1474 MOTION to Remand. Document filed by Chevron U.S.A., Inc., Equilon Enterprises LLC, Shell Oil Company, TMR Company. This document relates to: 04cv4968 (SAS). (jco)
August 22, 20071497RESPONSE re: 1478 MOTION to Quash. Document filed by Citgo Refining and Chemicals Company L.P., Citgo Petroleum Corporation. (jco)
August 24, 20071489MANDATE of USCA (Certified Copy) as to 385 Notice of Interlocutory Appeal, filed by The People of the State of California, 386 Notice of Interlocutory Appeal, filed by The State of New Hampshire USCA Case Number 04-5974-cv(L); 04-6056-cv(CON). It is Ordered, Adjudged and Decreed that the order of the District Court is VACATED and REMANDED with directions to return theses cases to the forums from which they were removed in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 8/15/07. (tp)
August 24, 2007 Transmission of USCA Mandate/Order to the District Judge re: 1489 USCA Mandate. (tp)
August 27, 20071498Court Opinion or Order AMENDED CASE MANAGEMENT ORDER No. 28: IT IS HEREBY ORDERED that each defendant in County of Suffolk and Suffolk County Water Authority v. Amerada Hess Corp., et al. shall produce to plaintiffs, by September 7, 2007, its United States production (total volume) of (a) MTBE-containing gasoline, and (b) gasoline, for each year beginning in 1979 through and including 2003. For any such information that cannot be produced on September 7, defendants shall begin a rolling production of available information on September 7, with information on most recent years to be produced first. (Signed by Judge Shira A. Scheindlin on 8/24/07) Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-05424-SAS(tro)
August 27, 20071499Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Thomas DiBiagio for Sunoco, Inc. and Sunoco, Inc. (R&M), Kristine L. Sendek-Smith for Sunoco, Inc., Sunoco, Inc. (R&M), Sarah E. Brull for Sunoco, Inc., Sunoco, Inc. (R&M) admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 8/22/07) (jco)
August 27, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: 1499 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco)
August 30, 20071500Court Opinion or Order ORDER TO REMAND that the above-captioned case be remanded to the state court from which it was removed. It is further ORDERED the Clerk of this Court furnish the Clerks of the appropriate state court with attested or certified copy of this order. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 8/28/2007) (THIS ORDER TO REMAND PERTAINS TO CASE NUMBER 04 CV 4976 ONLY - Entry was made in action 04 cv 4976 as well) (jmi) Modified on 8/31/2007 (Miles, Janeen).
August 31, 20071501Court Opinion or Order ORDER: Those dfts int he People of California action (04cv4972) that wish to move for severance shall file their motions by 9/6/2007. Plts response due by 9/20/2007 and dfts reply due no more than one week after plts' opposition. Those dfts in the Quincy action (04cv4970) that oppose plts' 7/31/2007 motion to remand, opposition brief by 9/6/2007. Plts to submit reply by 9/20/2007. Dft's in the County of Suffolk action (04cv5424) may submit a letter brief on no more than five (5) double spaced pgs ont he issue of whether dfts' various declaratory judgment actions can be considered in the Court's assessment of whether it should supplement jurisdiction over the state law claims in any of the other actions in this multi-district litigation. (Signed by Judge Shira A. Scheindlin on 8/28/2007) Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-04970-SAS, 1:04-cv-04972-SAS, 1:04-cv-05424-SAS Copies mailed by chambers. (jar)
September 4, 20071502TRANSCRIPT of proceedings held on 8/23/07 before Judge Shira A. Scheindlin. (jbe)
September 5, 20071503CASE MANAGEMENT PLAN # 30: Motions in limine due by 1/9/2008. Responses due by 2/6/2008. Replies due by 2/15/2008. Fact Discovery due by 10/31/2007. Expert Discovery due by 11/28/2007. Joint Pretrial Order due by 2/15/2008. All other deadlines are set forth in this order. (Signed by Judge Shira A. Scheindlin on 8/30/07) Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-05424-SAS(kco)
September 7, 20071504Court Opinion or Order ORDER GRANTING SUBSTITUTION OF COUNSEL: Plaintiffs are currently represented by Peter D. Hoffman, and have consented to representation by Duane C. Miller and John A. Sarcone in this matter. Duane C. Miller, Miller, Axline & Sawyer, and John A. Sarcone, III, the Sarcone Law Firm have accepted representation of these plaintiffs. (Signed by Judge Shira A. Scheindlin on 9/4/2007) (jmi)
September 7, 20071505Court Opinion or Order ORDER GRANTING SUBSTITUTION OF COUNSEL: IT IS THEREFORE ORDERED, Sidley Austin, LLP may substitute in for Cox, Castle, & Nicholson, LLP as counsel for Duke Energy Merchants, LLC, Duke Energy Trading and Marketing, LLC, Duke Energy Merchants, LLC, Duke Energy Merchants California, Inc., and Northridge Petroleum Marketing U.S. (Signed by Judge Shira A. Scheindlin on 9/5/07) Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-03417-SAS, 1:04-cv-4973-SAS. (tro)
September 7, 20071506MEMORANDUM OF LAW in Support of Motion to Sever Claims. Document filed by Atlantic Richfield Company, BP Products North America Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-04972-SAS(cd)
September 7, 20071507MEMORANDUM OF LAW in Support of Plaintiff's Motion to Remand. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-04970-SAS(cd)
September 7, 20071508MEMORANDUM OF LAW in Support of Motion to Remand. Document filed by BP Products North America Inc., Atlantic Richfield, BP West Coast Products LLC et al. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-04970-SAS(cd)
September 7, 20071509MEMORANDUM OF LAW in Opposition re: (22 in 1:03-cv-08248-SAS, 18 in 1:03-cv-09050-SAS, 1485 in 1:00-cv-01898-SAS) MOTION for Summary Judgment. Document filed by Dave Tonneson, Robert Basso. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 7, 20071510DECLARATION of Tracey O'Reilly in Support re: (26 in 1:03-cv-08248-SAS, 1509 in 1:00-cv-01898-SAS, 22 in 1:03-cv-09050-SAS) Memorandum of Law in Opposition to Motion,. Document filed by Dave Tonneson, Robert Basso. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 7, 20071511RULE 56.1 STATEMENT. Document filed by Dave Tonneson, Robert Basso. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 10, 20071527DECLARATION of Non Opposition of Karl Morthole re: (1471 in 1:00-cv-01898-SAS-DCF, 18 in 1:04-cv-04970-SAS) MOTION to Remand. Document filed by Washoe Fuel, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
September 14, 20071513REPLY MEMORANDUM OF LAW in Support re: (22 in 1:03-cv-08248-SAS, 18 in 1:03-cv-09050-SAS, 1485 in 1:00-cv-01898-SAS) MOTION for Summary Judgment.. Document filed by SUNOCO, INC.,, SUNOCO (R & M), Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 14, 20071514SUPPLEMENTAL RULE 56.1 STATEMENT. Document filed by Sunoco (R&M), EXXON MOBIL CORPORATION, Sunoco, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 14, 20071515DECLARATION of Jennifer Kalnins Temple in Support re: (30 in 1:03-cv-08248-SAS, 26 in 1:03-cv-09050-SAS, 1513 in 1:00-cv-01898-SAS) Reply Memorandum of Law in Support of Motion,. Document filed by SUNOCO, INC.,, SUNOCO (R & M), EXXON MOBIL CORPORATION. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 14, 20071517MEMORANDUM OF LAW in Opposition, filed by "Responding Defendants" re: (1471 in 1:00-cv-01898-SAS-DCF, 18 in 1:04-cv-04970-SAS) MOTION to Remand.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
September 14, 20071518MOTION to Sever Claims of Certain Plaintiffs. Document filed by Chevron U.S.A., Inc., Equilon Enterprises LLC et al.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(cd)
September 17, 20071512Court Opinion or Order OPINION AND ORDER; #95195 re: denying 1455 MOTION to Remand. The Clerk of the Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 9/17/07) (pl)
September 17, 20071519ANSWER to Counterclaims To the Town of Highlands. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M), SFPP, L.P. (re 03-9050 and 03-8248)(cd)
September 18, 20071516Court Opinion or Order ORDER REFERRING CASE TO MAGISTRATE JUDGE Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Shira A. Scheindlin on 9/11/2007) (jmi)
September 18, 20071520MOTION to Remand. Document filed by City of Fresno. (re 04-4973)(cd)
September 20, 20071521Court Opinion or Order ORDER that all litigation deadlines in this matter are vacated in light of settlement discussions. (Signed by Judge Shira A. Scheindlin on 9/17/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-07269-SAS(cd)
September 20, 20071522MOTION for Chad A. West to Appear Pro Hac Vice for plaintiffs..(cd)
September 20, 20071523MOTION for Thomas J. Sims to Appear Pro Hac Vice, for plaintiffs..(cd)
September 20, 20071524REPLY MEMORANDUM OF LAW in Support re: (1471 in 1:00-cv-01898-SAS-DCF, 18 in 1:04-cv-04970-SAS) MOTION to Remand. Document filed by Quincy Community Services District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
September 20, 20071525MEMORANDUM OF LAW in Opposition of Water Agency plaintiffs re: (44 in 1:04-cv-04972-SAS, 1518 in 1:00-cv-01898-SAS-DCF) MOTION to Sever Claims of Certain Plaintiffs. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(cd)
September 25, 20071526TRANSCRIPT of proceedings held on 8/30/07 before Judge Shira A. Scheindlin. (jbe)
September 25, 20071528NOTICE OF CHANGE OF ADDRESS by Samuel Joseph Abate, Jr on behalf of Citgo Petroleum Corporation. New Address: Pepper Hamilton, LLP, The New York Times Building, 620 Eighth Avenue, New York, New York, United States of America 10018, (212) 808-2700. (Abate, Samuel)
September 25, 20071529Court Opinion or Order ORDER granting 1523 Motion for Thomas M. Sims of Baron & Budd, P.C. to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Shira A. Scheindlin on 9/24/07) (cd)
September 25, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: 1529 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
September 25, 20071530Court Opinion or Order ORDER granting 1522 Motion for Chad A. West of Baron & Budd, P.C. to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Shira A. Scheindlin on 9/24/07) (cd)
September 25, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: 1530 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
September 25, 20071531STIPULATION OF DISMISSAL OF EL PASO CORPORATION, EL PASO CGP COMPANY, THE COASTAL CORPORATION, EL PASO CGP CORPORATION, AND COASTAL MOBILE REFINING COMPANY, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 9/19/07) (cd) (re 06-7657).
September 26, 2007 CASHIERS OFFICE REMARK on 1529 Order on Motion to Appear Pro Hac Vice, 1530 Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 09/20/2007, Receipt Number 627475. (jd)
September 26, 20071532MOTION in Limine to Exclude The opinion of Plaintiffs' Expert William Cain, PHD. Document filed by Equistar Chemicals, L.P., Lyondell Chemical Company, Equistar Chemicals, LP.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(cd)
September 26, 20071533MEMORANDUM OF LAW in Support re: (51 in 1:04-cv-05424-SAS, 55 in 1:04-cv-02389-SAS, 1532 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Equistar Chemicals, L.P., Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(cd)
September 27, 20071534JOINDER to join re: (51 in 1:04-cv-05424-SAS, 55 in 1:04-cv-02389-SAS, 1532 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Gulf Oil Limited Partnership, Gulf Oil, Limited Partnership, Getty Petroleum Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(cd)
September 27, 20071538Court Opinion or Order ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Joseph C. Kearfott dated 9/20/07 re: informing the court that parties might be able to resolve the matter without having to involve the court. Parties would like to advise the court of the status by 9/28/07. ENDORSEMENT: Counsel to update the Court as to the status of this dispute no later than 9/28/2007. SO ORDERED (Signed by Judge Debra C. Freeman on 9/21/07) (kco)
September 28, 20071535REPLY MEMORANDUM OF LAW in Support re: (44 in 1:04-cv-04972-SAS, 1518 in 1:00-cv-01898-SAS-DCF) MOTION to Sever.. Document filed by Chevron USA, Equilon Enterprises L.L.C., Shell Oil Company, Shell Oil Products Company, Chevron U.S.A., Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(cd)
September 28, 20071576DECLARATION of William Dubanevich in Support re Motion to Remand. Document filed by Westbury Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10057-SAS(cd)
September 28, 20071577MEMORANDUM OF LAW in Support of its Motion to Remand. Document filed by Westbury Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10057-SAS(cd)
September 28, 20071578DECLARATION of William Dubanovich in Support of Motion to Remand. Document filed by Village of mineola. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10051-SAS(cd)
September 28, 20071579MEMORANDUM OF LAW in Support of Moiton to Remand, filed by the Village of Mineola. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10051-SAS(cd)
September 28, 20071580MEMORANDUM OF LAW in Support of Motion to Remand. Document filed by Town of East Hampton. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10056-SAS(cd)
September 28, 20071581MEMORANDUM OF LAW in Support of Motion to Remand. Document filed by Town of East Hampton. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10056-SAS(cd)
September 28, 20071582DECLARATION of William Dubanevich in Support of Motion to Remand. Document filed by Carle Place Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10053-SAS(cd)
September 28, 20071583MEMORANDUM OF LAW in Support of Motion to Remand. Document filed by Carle Place Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10053-SAS(cd)
September 28, 20071584MEMORANDUM OF LAW in Support of Motion to Remand. Document filed by Town of Southampton. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10054-SAS(cd)
September 28, 20071585MEMORANDUM OF LAW in Support of Motion to Remand. Document filed by Town of Southampton. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10054-SAS(cd)
September 28, 20071586DECLARATION of William Dubanovich in Support of Motion to Remand. Document filed by West Hempstead Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS(cd)
September 28, 20071587MEMORANDUM OF LAW in Support of Motion to Remand. Document filed by West Hempstead Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS(cd)
September 28, 20071588DECLARATION of William Dubanevich in Support of Motion to Remand. Document filed by Village of Hempstead. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10055-SAS(cd)
September 28, 20071589MEMORANDUM OF LAW in Support of Motion to Remand. Document filed by Village of Hempstead. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10055-SAS(cd)
October 1, 20071536MEMORANDUM OF LAW in Opposition re: (1478 in 1:00-cv-01898-SAS-DCF) MOTION to Quash. Document filed by United Water New York, Inc., County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(cd)
October 1, 20071537DECLARATION of Robin Greenwald in Support, filed by plaintiffs re: (1536 in 1:00-cv-01898-SAS-DCF, 54 in 1:04-cv-05424-SAS, 58 in 1:04-cv-02389-SAS) Memorandum of Law in Opposition to Motion. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(cd)
October 3, 20071539Court Opinion or Order ORDER the Clerk of Court is directed to close the following motions: finding as moot 1166 Motion for Joinder; finding as moot 1205 Motion for TRO; finding as moot 1220 Motion for Preliminary Injunction; finding as moot 1313 Motion to Compel; finding as moot 1340 Motion to Certify Class; finding as moot 1356 Motion for Summary Judgment; finding as moot 1369 Motion to Amend/Correct ; granting 1397 Motion to Appear Pro Hac Vice; withdrawing 1428 Motion for Reconsideration; denying 1478 Motion to Quash. (Signed by Judge Shira A. Scheindlin on 9/28/07) (cd)
October 3, 20071540DECLARATION of Stephen Riccardulli re Notice of Filing. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
October 3, 20071543Court Opinion or Order ORDER ADMITTING COUNSEL PRO HAC VICE. Attorney Chad W. Higgins for Gulf Oil, LP, Gulf Limited Liability Partnership, Gulf Oil Limited Partnership, Gulf Oil, Limited Partnership, Gulf Oil LP, Gulf Oil L.P., Gulf Oil, L.P., GULF OIL, LP, Gulf Oil LP admitted Pro Hac Vice. The Court has considered the unopposed request of Defendant Gulf Oil Limited Partnership to admit pro hac vice Chad W. Higgins, Esq. of Goodwin Procter, LLP, and the request is hereby GRANTED. (Signed by Judge Shira A. Scheindlin on 10/1/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
October 3, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
October 4, 20071541DECLARATION of Tracey L. O'Reilly in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment of Plaintiffs' Emotional Distress Claims. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
October 4, 20071542Court Opinion or Order MEMORANDUM OPINION AND ORDER #95284 granting re: MOTION for Reconsideration, filed by The City of New York, (1432 in 1:00-cv-01898-SAS-DCF). MOTION for Reconsideration, filed by City of NY. (Signed by Judge Shira A. Scheindlin on 10/4/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
October 5, 20071545Court Opinion or Order ORDER that given the Court's need to fully understand the funciton of special districts in California, any interested party to submit a brief letter addressing the folowing issue: Do any of the special districts from California have police or regulatory powers? If so, list the special districts that have such powers as well as the stature that gives the special district such power. The parties should also submit any case law that discusses, interprets, or applies the powers that special districts are given by California law. (Signed by Judge Shira A. Scheindlin on 10/3/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
October 9, 20071546Court Opinion or Order ORDER re plaintiffs motions to remand to state court: Responses due by 10/22/2007. Replies, if necessary due by 11/5/2007. (Signed by Judge Shira A. Scheindlin on 10/9/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
October 9, 20071547Court Opinion or Order ORDER re plainitff's motion to remand to state court: Plaintiff's reply, if any, shall be submitted no later than 10/19/07. Set Deadlines/Hearing as to MOTION to Remand. (1520 in 1:00-cv-01898-SAS-DCF) MOTION to Remand: Reply due by 10/19/2000. (Signed by Judge Shira A. Scheindlin on 10/9/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(cd)
October 9, 20071548Court Opinion or Order ORDER ADMITTING ATTORNEY Cynthia M. Guizzetti of Bingham McCutchen LLP, PRO HAC VICE on behalf of Crown Central LLC. (Signed by Judge Shira A. Scheindlin on 10/3/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
October 9, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: 1548 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
October 9, 20071549MEMORANDUM OF LAW in Opposition re: MOTION to Remand., (1520 in 1:00-cv-01898-SAS-DCF) MOTION to Remand. Document filed by Chevron U.S.A., Inc., Equilon Enterprises, LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(cd)
October 10, 2007 CASHIERS OFFICE REMARK on 1543 Order Admitting Attorney Pro Hac Vice,, in the amount of $25.00, paid on 10/05/2007, Receipt Number 628881. (jd)
October 10, 20071544Court Opinion or Order AMENDED MEMORANDUM OPINION AND ORDER #: For the foregoing reasons, the City's Motion is GRANTED. Clerk of the Court is directed to close this motion (Doc. Nos. 1428,1432). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 10/5/2007) (jmi)
October 10, 20071550REPLY MEMORANDUM OF LAW in Support of their Motion in Limine to partially Exclude Expert Robert Reynolds. Document filed by Citgo Petroleum Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(cd)
October 11, 20071551REPLY MEMORANDUM OF LAW in Support re: (51 in 1:04-cv-05424-SAS, 55 in 1:04-cv-02389-SAS, 1532 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by United Water New York, Inc., County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(cd)
October 11, 20071552MEMORANDUM AND OPINION # 95284 that for the foregoing reasons, the City's Motion is granted. The Clerk of the Court is directed to close this motion (doc. Nos. 1428 and 1432). (Signed by Judge Shira A. Scheindlin on 10/5/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
October 16, 20071553REPLY to Response to Motion re: MOTION to Remand. (1520 in 1:00-cv-01898-SAS-DCF) MOTION to Remand.. Document filed by City of Fresno. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(cd)
October 16, 20071554MOTION for Partial Summary Judgment as to Nine Focus Wells for which plaintiff cannot establish causation. Document filed by Flint Hills Resources, LP et al.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
October 16, 20071555DECLARATION of Stuart Raphael in Support re: (1554 in 1:00-cv-01898-SAS-DCF, 60 in 1:04-cv-05424-SAS) MOTION for Summary Judgment.. Document filed by Flint Hills Resources, LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
October 16, 20071556RULE 56.1 STATEMENT. Document filed by Flint Hills Resources, LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
October 16, 20071557MEMORANDUM OF LAW in Support re: (1554 in 1:00-cv-01898-SAS-DCF, 60 in 1:04-cv-05424-SAS) MOTION for Summary Judgment.. Document filed by Flint Hills Resources, LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
October 17, 2007 CASHIERS OFFICE REMARK on 1548 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 10/09/2007, Receipt Number 629006. (jd)
October 17, 20071558REPLY MEMORANDUM OF LAW in Support re: (51 in 1:04-cv-05424-SAS, 55 in 1:04-cv-02389-SAS, 1532 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Document filed by Equilon Enterprises, LLC, Lyondell Chemical Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(cd)
October 17, 20071560Court Opinion or Order ORDER that pursuant to FRCP 53(a), I am appointing Rachel Spector as Special Master to further assist the Court effective 10/15/07, and as further set forth in this document. This Order may be amended at any time upon notice to the parties and an opportunity to be heard. (Signed by Judge Shira A. Scheindlin on 10/15/07) (cd)
October 18, 20071559Court Opinion or Order ORDER GRANTING ADMISSION OF REGAN A. SWEENEY PRO HAC VICE. Attorney Regan A. Sweeney for Chevron U.S.A., Inc., Motiva Enterprises, LLC, Equilon Enterprises LLC, Shell Oil Company, Texaco Refining and Marketing, Inc., TRMI Holdings Inc., Shell Petroleum, Inc., Shell Trading (US) Company, TMR Company, Shell Oil Products Company, Texaco Inc., Shell Trading (US) Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 10/17/07) (laq)
October 18, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: 1559 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (laq)
October 24, 2007 CASHIERS OFFICE REMARK on 1559 Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 10/17/2007, Receipt Number 629874. (jd)
October 25, 20071561Court Opinion or Order ORDER granting (55) Motion in Limine in case 1:04-cv-02389-SAS; granting (51) Motion in Limine in case 1:04-cv-05424-SAS; granting (1532) Motion in Limine in case 1:00-cv-01898-SAS-DCF; In Connection with the Defendants' Motion in Limine To Partially Exclude Plaintiffs' Proposed Expert Robert Reynolds, the for leave to file a reply brief in excess of 10 pages. (Signed by Judge Shira A. Scheindlin on 10/23/2007) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(jmi)
October 31, 20071562MEMORANDUM OF LAW in Opposition re: (1554 in 1:00-cv-01898-SAS-DCF, 60 in 1:04-cv-05424-SAS) MOTION for Summary Judgment.. Document filed by County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
October 31, 20071563DECLARATION of Carla Burke in Support re: (1562 in 1:00-cv-01898-SAS-DCF, 66 in 1:04-cv-05424-SAS) Memorandum of Law in Opposition to Motion. Document filed by County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
October 31, 20071564COUNTER RULE 56.1 STATEMENT. Document filed by County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
November 6, 20071565TRANSCRIPT of proceedings held on 9/18/07 before Judge Shira A. Scheindlin. (pl)
November 7, 20071566TRANSCRIPT of proceedings held on 9/18/07 before Judge Shira A. Scheindlin. (cd)
November 7, 20071567Court Opinion or Order CASE MANAGEMENT ORDER #31: defendants Shell and CITGO shall each produce an affidavit from a person with knowledge stating that no computer modeling data exists for sites within Suffolk County, other than the data already produced to plaintiffs. Suffolk County Water Authority Taste and Odor Complaints. By 11/8/07, Suffolk County Water Authority (SCWA) shall produce a report from its database of all lab data resulting from tests done in response to the 95 taste and odor complaints produced to defendants. Also, by 11/8/07 SCWA shall produce an affidavit from its laboratory explaining why it did not generate complaint cards for certain complaints, and representing that all complaint cards that were generated have been produced to defendants. Defendants Chevron, Atlantic Richfield, Total Petrochemical, Gulf Oil Limited Partnership, Valero, and Crown Central are directed to answer the requests for admission and contention interrogatories previously served on plaintiffs, and to provide the responses to the plaintiffs. Defendants may send a pathologist to inspect the laboratory of plaintiffs' expert Dr. Belpoggi at the Ramazzini Foundation in Bologna, Italy. (Signed by Judge Shira A. Scheindlin on 11/6/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(kco)
November 7, 20071568Court Opinion or Order OPINION & ORDER #95404 denying re: (1471 in 1:00-cv-01898-SAS-DCF, 18 in 1:04-cv-04970-SAS) MOTION to Remand, filed by Quincy Community Services District. The Clerk of Court is directed to close this motion (docket #1471) (Signed by Judge Shira A. Scheindlin on 11/7/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
November 7, 20071569Court Opinion or Order AGREED ORDER OF DISMISSAL OF GETTY PETROLEUM MARKETING iNC AND LUKOIL AMERIFCAS CORP, PURSUANT TO FRCP 41(a)(1), without prejudice, and as further set froth in this document. (Signed by Judge Shira A. Scheindlin on 11/6/07) (cd).
November 7, 20071602Court Opinion or Order OPINION & ORDER #95507 denying re: (16 in 1:04-cv-04968-SAS, 1474 in 1:00-cv-01898-SAS-DCF) MOTION to Remand, filed by Orange County Water District. Because plaintiff's motion does not challenge this Court's subject matter jurisdiction, it must be denied. The Clerk of Court is directed to close this motion (docket #1474). (Signed by Judge Shira A. Scheindlin on 11/7/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
November 8, 20071570TRANSCRIPT of proceedings held on 10/31/07 before Judge Shira A. Scheindlin. (cd)
November 8, 20071571REPLY MEMORANDUM OF LAW in Support of Motion to Remand, filed by plaintiffs.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10053-SAS-DCF et al.(cd)
November 8, 20071573REPLY MEMORANDUM OF LAW in Support re: (1554 in 1:00-cv-01898-SAS-DCF, 60 in 1:04-cv-05424-SAS) MOTION for Summary Judgment. Document filed by Flint Hills Resources, LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
November 9, 20071572Court Opinion or Order CASE MANAGEMENT ORDER #32: the stay on discovery for all non-focus cases is lifted. Parties wishing to pursue discovery shall confer pursuant to FRCP 26(f) and may schedule Rule 16 conferences with the Court. A trial date in the cases Tonneson et al v Sunoco et al and Basso et al v Sunoco et al is scheduled for 11/10/08. On motion from the parties, the Court will remand the cases Quinn et al v Taylor Investment to the state courts from which they were removed. The request to transfer Isaiah Machin v Taylor Investment to the USDC for the Northern District of California is denied. (Signed by Judge Shira A. Scheindlin on 11/9/07) (cd)
November 15, 2007 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 11/02/2007, Receipt Number 631797. PAYMENT PRO HAC VICE FOR GREGORY P. CHARA. (jd)
November 15, 20071574Objection (Gulf Oil Limited Partnership's Objections and Counter-Designations to Plaintiff's Page and Line Designations. Document filed by Gulf Oil, Limited Partnership, Gulf Oil Ltd. Partnership. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(Garvey, Christopher)
November 15, 20071590Court Opinion or Order ORDER REMANDING CASE TO CALIFORNIA SUPERIOR COURT, that Quinn et al v Shell Oil 3:04-5180 be immediately remanded back to Superior Court of California, in and for the County of Marin. (Signed by Judge Shira A. Scheindlin on 11/13/07) (cd)
November 19, 20071575ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard Wallace dated 11/15/07 re: Request to extend time until 12/10/07 for the Shell defendants to file objections to PTO #38, if any. ENDORSEMENT: The extension of time requested in this letter is hereby granted. (Signed by Judge Shira A. Scheindlin on 11/19/07) (cd)
November 19, 20071593Court Opinion or Order STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST GETTY PETROLEUM MARKETING INC: plaintiff voluntarily dismisses without prejudice their conspiracy and/or concert in action claims as against defendant GPMI. Plaintiffs expressly reserve all remaining claims alleged in their complaints against GPMI and GPMI expressly reserves all defenses asserted in its Master Answer relating thereto. (Signed by Judge Shira A. Scheindlin on 11/14/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-0341-SAS(kco)
November 19, 20071594Court Opinion or Order ORDER REMANDING CASE TO CALIFORNIA SUPERIOR COURT: this case is immediately remanded back to the Superior Court of California, in and for the County of Marin. (Signed by Judge Shira A. Scheindlin on 11/13/07) This order relates to 05-cv-1309.(kco)
November 20, 20071591Court Opinion or Order ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard E. Wallace, Jr. dated 11/15/2007 re: The shall Defendants and plaintiffs jointly and respectfully request an extension of three weeks, until December 10, 2007, for either of them to file objection or motion regarding PTO # 38. ENDORSEMENT: The extension of time requested in this letter is hereby granted. SO ORDERED. Motions due by 12/10/2007,Responses due by 12/10/2007. (Signed by Judge Shira A. Scheindlin on 11/19/2007) (jmi)
November 20, 20071595ENDORSED LETTER addressed to Judge Shira Scheindlin from Christopher Garvey dated 11/15/07 re: request to extend time to 12/17/07 for defendants to file exculpatory motions. ENDORSEMENT: Defendants shall have until 12/17/07 to submit exculpatory motions. (Signed by Judge Shira A. Scheindlin on 11/19/07) (cd)
November 20, 2007 Set Deadlines/Hearings: defendants exculpatory Motions due by 12/17/2007. (cd)
November 21, 20071592Court Opinion or Order OPINION AND ORDER # 95449: Severing the claims of the non-State plaintiffs is warranted due to principles of judicial efficiency and fundamental fairness: it facilitates the settlement of the claims by non-State plaintiffs, serves judicial economy, and avoids prejudicing the defendants who properly removed the claims of the non-State plaintiffs. Certain dependents' Motion to Sever Claims of Certain Plaintiffs is therefore granted. The Clerk of the Court is directed to close this motion (document# 1518). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/20/2007) (jmi)
November 27, 20071597Court Opinion or Order MEMORANDUM DECISION AND ORDER; denying 1520 Motion to Remand. The Clerk of the Court is directed to close this motion (docket #1520). (Signed by Judge Shira A. Scheindlin on 11/27/07) (pl) Modified on 12/3/2007 (pl).
November 29, 20071596Court Opinion or Order OPINION & ORDER #95466 denying in part and granting in part re: (22 in 1:03-cv-08248-SAS, 18 in 1:03-cv-09050-SAS, 1485 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment, filed by Sunoco, Inc., Exxon Mobil Corporation, Sunoco (R&M). Plaintiffs are ordered to submit to mental exams regarding their claims for negligent infliction of emotional distress. The Clerk is directed to close this motion (docket #1485) (Signed by Judge Shira A. Scheindlin on 11/27/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
December 5, 20071598Court Opinion or Order ORDER closing the following re 04-2389, as they have already been closed or will be closed in 00-1898: Motion to Compel (filed 1/12/07); Motion for Summary Judgment (filed 2/23/06); Motion to Quash (filed 12/15/06) (Signed by Judge Shira A. Scheindlin on 11/30/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS(cd)
December 5, 20071599Court Opinion or Order ORDER closing 911 Motion for Summary Judgment (erroneously docketed in this case and resolved by agreement of the parties in 1/07); closing 1309 Motion to Quash (same motion as 981 and the docket should be adjusted to reflect a single motion for summary judgment (981) rather than two). (Signed by Judge Shira A. Scheindlin on 11/30/07) (cd)
December 5, 20071600Court Opinion or Order MEMORANDUM DECISION AND ORDER that plaintiffs' motions to remand are denied. The Clerk of the Court is directed to close these motions (docket ##1576-1589). (Signed by Judge Shira A. Scheindlin on 12/3/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd).
December 6, 20071601DECLARATION of William Walsh in Opposition re: defendants Motion in limine to Exclude the Expert Opinions of T. Jack Huggins. Document filed by Plaintiffs. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
December 6, 20071605MEMORANDUM OF LAW in Opposition re: MOTION to exclude the opinion of T. Jack Huggins. Document filed by United Water New York, Inc., County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(cd)
December 7, 20071603Court Opinion or Order STIPULATION AND ORDER OF DISMISSING CERTAIN CLAIMS AGAINST GETTY PETROLEUM MARKETING INC. re plaintiffs voluntarily dismiss without prejudice their conspiracy and/or concert in action claims as against defendant GPMI. Plainitffs expressly reserve all remaining claims alleged in their complaints against GPMI and GPMI expressly reserves all defenses asserted in its Master Answer relating thereto. (Signed by Judge Shira A. Scheindlin on 12/4/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-03417-SAS, 1:04-cv-05424-SAS(cd)
December 12, 20071606Court Opinion or Order ORDER that this cause is remanded to Kankakee County, Illinois Circuit Court due to lack of subject matter jurisdiction. (Signed by Judge Shira A. Scheindlin on 12/10/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-07269-SAS(cd)
December 13, 20071607ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard Wallace dated 12/11/07 re: Request by Shell defendants and moving plaintiffs for an extension of time until 1/25/08, for either of them to file objections or motions regarding PTO #38. ENDORSEMENT: granted, So ordered. ( Motions due by 1/25/2008.) (Signed by Judge Shira A. Scheindlin on 12/12/07) (cd).
December 14, 20071604MANDATE of USCA (Certified Copy) as to (1444 in 1:00-cv-01898-SAS-DCF) Notice of Appeal, filed by Motiva Enterprises, LLC, Valero Refining Company New Jersey, Texaco Inc., Valero RefiningTexas, Irving Oil Corporation, Equistar Chemicals, LP, Marathon Oil Company, Shell Trading (US) Company, The Premcor Refining Group Inc., Valero Refining and Marketing Company, Chevron U.S.A., Inc., ConocoPhillips Company, Atlantic Richfield Company, Shell Oil Company, Shell Oil Products Company, Getty Petroleum Marketing Inc., Coastal Eagle Piont Oil Company, BP Products North America, Inc., Chevrontexaco Corporation, Lyondell Chemical Company, Irving Oil Limited, Total Petrochemicals USA, Inc., Texaco Refining and Marketing, Inc., Exxon Mobil Corporation, Valero Energy, Inc., El Paso Merchant Energy -Petroleum Company, Notice of Appeal, filed by The Premcor Refining Group, Inc, Motiva Enterprises LLC, Texaco, Inc, Shell Oil Products Company, LLC, Irving Oil Corporation, Equistar Chemicals, LP, Marathon Oil Company, Shell Trading (US) Company, Chevrontexaco Corporation,, Valero Refining and Marketing Company, Atlantic Richfield Company, Texaco Refining & Marketing, Inc., Shell Oil Products Company, Valero Refining Company, Shell Oil Company, Conocophillips Company,, Valero Marketing and Supply Company, Lyondell Chemical Company, Irving Oil Limited, Texaco Refining & Marketing (East), Inc., Total Petrochemicals USA, Inc., TMR Company, El Paso Merchant Energy-Petroleum Company, Exxon Mobil Corporation, BP Amoco Chemical Company, Valero Energy Corporation, Coastal Eagle Point Oil Company, Getty Petroleum Marketing, Inc., Chevron U.S.A., Inc USCA Case Number 07-3043-cv. Ordered that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 12/11/07. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(tp)
December 14, 2007 Transmission of USCA Mandate/Order to the District Judge re: (81 in 1:04-cv-05424-SAS, 1604 in 1:00-cv-01898-SAS-DCF) USCA Mandate. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(tp)
December 17, 20071608MOTION for Partial Summary Judgment as to those nine "traditional" causation focus wells for which they are not identified as the responsible parties. Document filed by Amerada Hess Corp. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
December 17, 20071609DECLARATION of Stephen Riccardulli in Support re: (83 in 1:04-cv-05424-SAS, 1608 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Document filed by Amerada Hess Corp. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
December 17, 20071610RULE 56.1 STATEMENT. Document filed by Amerada Hess Corp. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
December 17, 20071611MEMORANDUM OF LAW in Support re: (83 in 1:04-cv-05424-SAS, 1608 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Document filed by Amerada Hess Corp. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
December 21, 20071612Court Opinion or Order CASE MANAGEMENT ORDER #34: the trial date in the Suffolk County action is moved to 4/7/08. The trial will encompass all eighteen wells previously selected by the parties as focus wells. Paragraph Five of CMO #33 is amended as follows: Defendants shall file all substantive dispositive motions no later than 1/25/08. Plainitffs shall file their opposition to each motion no later than 2/8/08, and defendants shall file a reply no later than 2/15/08. Paragraph Six of CMO #33 is amended as follows: Defendants Crown Central, Irving Oil Corp and Irving Oil Ltd, Gulf Oil Ltd, Getty Petroleum Marketing, Getty Properties, Total Petrochemical and Giant Yorktown shall each file excupation motions no later than 1/11/08, and as further set forth in this document. Motion due by 1/25/2008. Response due by 2/8/2008 Reply due by 2/15/2008. (Signed by Judge Shira A. Scheindlin on 12/19/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
December 21, 20071613Court Opinion or Order CASE MANAGEMENT ORDER #35: Expert Deposition due by 2/29/2008. Daubert Motions due by 3/14/2008. Responses due by 4/4/2008 Replies due by 4/25/2008. Any party may file a motion for summary judgment or other potentially dispositive motion on or before 2/15/8 or on or before 3/28/08. With respect to motions filed on or before 2/15/08, any opposition papers shall be filed on or before 3/28/08, and any reply shall be filed on or before 4/25/08. With respect to motions filed on or before 3/28/08, any opposition papers shall be filed on or before 5/9/08, and any reply papers shall be filed on or before 6/6/08. Other pre trial deadlines, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 12/19/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
December 28, 20071614Court Opinion or Order ORDER TO REMAND that the People of the State of California (04-4972) be remanded back to the Superior Court of California, in and for the County of Sacramento. The Clerk of this Court furnish the Clerk of the appropriate state court with a certified copy of this Order. (forwarded for transfer) (Signed by Judge Shira A. Scheindlin on 12/26/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(cd)
December 28, 20071615ENDORSED LETTER addressed to Mr. Kauf from Peter Condron dated 12/19/07 re: Agreement between plaintiff Commonwealth of Puerto Rico and defendant Chevron Phillips Chemical Puerto Rico Core, Inc to stay the action for 30 days following a decision by the JPML as to whether this case should be transferred to Judge Scheindlin as the assigned judge for MDL No. 1358. ENDORSEMENT: So ordered. (Signed by Judge Shira A. Scheindlin on 12/28/07) (cd)
January 4, 20081618Court Opinion or Order STIPULATION AND ORDER TO WITHDRAW DEFENDANTS' MOTION FOR SUMMARY JUDGMENT BASED ON THE STATUTE OF LIMITATIONS WITHOUT PREJUDICE that defendants hereby withdraw their motion for summary judgment on the statute of limitations without prejudice, effective when this stipulation is approved by the Court, provided that on or before 2/29/08 defendants shall be entitled to refile and renew their motion, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/4/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd).
January 8, 20081616Court Opinion or Order PRETRIAL ORDER # 39 (Application of Revised Confidentiality Order to Production of Documents or Things pursuant to Pipeline Subpoenas). ENDORSEMENT: The clerk of the Court is hereby directed to enter this Order as an Order of the Court. So Ordered. (Signed by Judge Shira A. Scheindlin on 1/8/08) (pl)
January 10, 20081617Court Opinion or Order (DUPLICATE ORIGINAL) ORDER TO REMAND that 05-9071 be remanded to the state court from which it was removed. The Clerk of this Court furnish the Clerk of the appropriate state court with a certified copy of this Order. (also docketed in 05-9071 (Signed by Judge Shira A. Scheindlin on 8/24/07) (cd)
January 11, 20081619MOTION for parital Summary Judgment. Document filed by Irving Oil Limited and Irving Oil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 11, 20081620RULE 56.1 STATEMENT. Document filed by Irving Oil Corporation, Irving Oil Limited. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 11, 20081621DECLARATION of Kevin Scott in Support re: (1619 in 1:00-cv-01898-SAS-DCF, 90 in 1:04-cv-05424-SAS) MOTION for Summary Judgment.. Document filed by Irving Oil Corporation, Irving Oil Limited. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 11, 20081622DECLARATION of Susan Campbell in Support re: (1619 in 1:00-cv-01898-SAS-DCF, 90 in 1:04-cv-05424-SAS) MOTION for Summary Judgment.. Document filed by Irving Oil Corporation, Irving Oil Limited. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 11, 20081623MEMORANDUM OF LAW in Support re: (1619 in 1:00-cv-01898-SAS-DCF, 90 in 1:04-cv-05424-SAS) MOTION for Summary Judgment.. Document filed by Irving Oil Corporation, Irving Oil Limited. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 11, 20081624MOTION for Summary Judgment as to all focus wells for lackof proof of prodcut identification. Document filed by Equistar Chemicals, LP, Lyondell Chemical Company.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 11, 20081625DECLARATION of Jerry Bernstein in Support re: (95 in 1:04-cv-05424-SAS, 1624 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Equistar Chemicals, LP, Lyondell Chemical Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 11, 20081626DECLARATION of Joseph Lee in Support re: (95 in 1:04-cv-05424-SAS, 1624 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Equistar Chemicals, LP, Lyondell Chemical Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 11, 20081627RULE 56.1 STATEMENT. Document filed by Equistar Chemicals, LP, Lyondell Chemical Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 11, 20081628MEMORANDUM OF LAW in Support re: (95 in 1:04-cv-05424-SAS, 1624 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Equistar Chemicals, LP, Lyondell Chemical Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 11, 20081629MOTION for Summary Judgment as to all focus wells. Document filed by Giant Yorktown, Inc.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 11, 20081630RULE 56.1 STATEMENT. Document filed by Giant Yorktown, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 11, 20081631MEMORANDUM OF LAW in Support re: (100 in 1:04-cv-05424-SAS, 1629 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Giant Yorktown, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 15, 20081632Court Opinion or Order STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP that plaintiffs voluntarily dismiss without prejudice their conspiracy and/or concert in action claims as against defendant GOLP. Plaintiffs voluntarily dismiss without prejudice their G.B.L. 349 claims against GOLP. Plaintiffs voluntarily dismiss without prejudice their claims involving the wells that are the subject of CMO No.34 (the "trial wells"), and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/15/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-03417-SAS, 1:04-cv-05424-SAS(cd)
January 15, 20081634RULE 56.1 STATEMENT re Motion for Exculpation and Partial Summary Judgment. Document filed by Getty Petroleum Marketing, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 15, 20081635MOTION for Exculpation. MOTION for Summary Judgment. Document filed by Getty Properties Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 15, 20081636DECLARATION of Daniel Mulvihill in Support re: (1635 in 1:00-cv-01898-SAS-DCF, 1635 in 1:00-cv-01898-SAS-DCF, 106 in 1:04-cv-05424-SAS, 106 in 1:04-cv-05424-SAS) MOTION. MOTION for Summary Judgment.. Document filed by Getty Properties Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 15, 20081637MEMORANDUM OF LAW in Support re: (1635 in 1:00-cv-01898-SAS-DCF, 1635 in 1:00-cv-01898-SAS-DCF, 106 in 1:04-cv-05424-SAS, 106 in 1:04-cv-05424-SAS) MOTION. MOTION for Summary Judgment.. Document filed by Getty Properties Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 16, 20081633Court Opinion or Order STIPULATION AND ORDER DISMISSING ADDITIONAL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC., plaintiffs voluntarily dismiss the following claims without prejudice as against GPMI; the GBL 349 claim and claims involving the wells that are the subject of CMO 34 (the "trial wells"), and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/15/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(cd)
January 16, 20081640MOTION for Partial Summary Judgment. Document filed by Total Petrochemicals USA, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 16, 20081641AFFIDAVIT of Kim Arterburn in Support re: (110 in 1:04-cv-05424-SAS, 1640 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Total Petrochemicals, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd).
January 16, 20081642AFFIDAVIT of Tom Knight in Support re: (110 in 1:04-cv-05424-SAS, 1640 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Document filed by Total Petrochemicals USA, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 16, 20081643AFFIDAVIT of M. Coy Connelly in Support re: (110 in 1:04-cv-05424-SAS, 1640 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Document filed by Total Petrochemicals USA, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 16, 20081644RULE 56.1 STATEMENT. Document filed by Total Petrochemicals USA, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd) .
January 16, 20081645MEMORANDUM OF LAW in Support re: (110 in 1:04-cv-05424-SAS, 1640 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Total Petrochemicals USA, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 17, 20081638JOINT STIPULATION BETWEEN PLAINTIFFS AND CERTAIN DEFENDANTS TO STAY DISCOVERY AND PRE-TRIAL OBLIGATIONS: All discovery involving the Stipulating Defendants in the action shall be stayed effective 12/7/2007. Any depositions of witnesses produced or retained exclusively by one or more Stipulating Defendants scheduled but not yet taken shall be canceled without prejudice to such depositions being taken after 2/1/2008 at the option of either Plaintiffs or the Stipulation Defendants. Should further pretrial proceedings involving the Stipulating Defendants prove necessary after 2/1/2008, then the they shall have an additional 20 days from that point to comply with any pretrial deadlines that fall between 12/7/2007 and 2/2/2008, and plaintiffs shall have additional 20 days after to comply with any responsive pre-trial deadlines they relate to the Stipulated defendants. (Signed by Judge Shira A. Scheindlin on 1/17/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS (jar)
January 23, 20081639ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard E. Wallace, Jr. dated 1/22/2008 re: joint request for a further extension until 2/25/2008, for either of them to file objections or motions regarding PTO #38. ENDORSEMENT: The extension of time requested in this letter is hereby granted. (Signed by Judge Shira A. Scheindlin on 1/22/2008) (jar)
January 25, 20081649MOTION for Partial Summary Judgment from all liability with respect to 17 of the 18 focus wells etc. Document filed by Getty Petroleum Marketing, Inc.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 25, 20081650DECLARATION of James Pardo in Support re: (118 in 1:04-cv-05424-SAS) MOTION for Summary Judgment. Document filed by Getty Petroleum Marketing, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 25, 20081651RULE 56.1 STATEMENT. Document filed by Getty Petroleum Marketing, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 25, 20081652MEMORANDUM OF LAW in Support re: (118 in 1:04-cv-05424-SAS, 1649 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Getty Petroleum Marketing, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081647Court Opinion or Order STIPULATION AND ORDER OF DISMISSING CERTAIN CLAIMS AGAINST GETTY CORP, plaintiffs voluntarily dismiss without prejudice their conspiracy and/or concert in action claims as against defendant Getty Properties. Plaintiffs voluntarily dismiss without prejudice their NY General Business law 349 claims against Getty Properties. Plaintiffs voluntarily dismiss without prejudice their claims involving the wells that are subject to Case Management Order No. 34, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(not 04-3417)(cd)
January 28, 20081648Court Opinion or Order STIPULATION AND ORDER OF DISMISSING NAVIGATION LAW CLAIMS AGAINST CROWN CENTRAL LLC, that plaintiffs voluntarily dismiss without prejudice their claims under Article 12 of the Navigation law as against Crown for the listed wells, see document. Plaintiffs expressly reserve all remaining claims alleged in the Sixth Amended Complaint against Crown and Crown expressly reserves all defenses asserted in its Master Answer relating thereto. (Signed by Judge Shira A. Scheindlin on 1/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081653MOTION for Summary Judgment on Plaintiff's Claims Under General Business Law 349. Document filed by Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc. et al.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081654RULE 56.1 STATEMENT. Document filed by Exxon Mobil Corporation, ExxonMobil Oil Corporation et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081655MEMORANDUM OF LAW in Support re: (1653 in 1:00-cv-01898-SAS-DCF, 122 in 1:04-cv-05424-SAS) MOTION for Summary Judgment.. Document filed by ExxonMobil Chemical Company, Inc.,, Exxon Mobil Corporation et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081656MOTION for Partial Summary Judgment on Plaintiff's Navigation Law Claim. Document filed by Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc. et al.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081657DECLARATION of James Pardo in Support re: (125 in 1:04-cv-05424-SAS, 1656 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081658RULE 56.1 STATEMENT. Document filed by Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081659MEMORANDUM OF LAW in Support re: (125 in 1:04-cv-05424-SAS, 1656 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081660MOTION for Summary Judgment on Plaintiffs' Claims Under the Toxi Substance Control Act. Document filed by Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc. et al.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081661DECLARATION of Jeffrey Moller in Support re: (129 in 1:04-cv-05424-SAS, 1660 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc. et al Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081662DECLARATION of Lisa Gerson in Support re: (129 in 1:04-cv-05424-SAS, 1660 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Document filed by Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081663RULE 56.1 STATEMENT. Document filed by Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081664MEMORANDUM OF LAW in Support re: (129 in 1:04-cv-05424-SAS, 1660 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081665MOTION for Summary Judgment on Samuel Street No. 4 and Wheeler Road No. 1 Based on the Statute of Limitations. Document filed by Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc. et alFiled In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081666AFFIDAVIT of Thomas Maguire in Support re: (1665 in 1:00-cv-01898-SAS-DCF, 134 in 1:04-cv-05424-SAS) MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081667RULE 56.1 STATEMENT. Document filed by Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 28, 20081668MEMORANDUM OF LAW in Support re: (1665 in 1:00-cv-01898-SAS-DCF, 134 in 1:04-cv-05424-SAS) MOTION for Summary Judgment.. Document filed by ExxonMobil Chemical Company, Inc., ExxonMobil Oil Corporation et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 29, 20081669TRANSCRIPT of proceedings held on 12/13/07 before Judge Shira A. Scheindlin. (cd)
January 29, 20081670MEMORANDUM OF LAW in Support re: (118 in 1:04-cv-05424-SAS, 1649 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Document filed by Getty Petroleum Marketing, Inc.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 31, 20081671STIPULATION OF DISMISSAL OF NAVIGATION LAW CLAIMS: that Plaintiffs' Eighth Cause of Action in their Sixth Amended Complaint, alleging violations of New York State's Navigation Law 170 (New York Spill Prevention, Control and Compensation Act), is hereby dismissed as against Lyondell Chemical Company and Equistar Chemicals, LP without prejudice. The Parties expressly reserve all other claims and defenses set forth in the Sixth Amended Complaint and the Master Answers relating thereto. (Signed by Judge Shira A. Scheindlin on 1/31/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(tro)
January 31, 20081672Court Opinion or Order STIPULATION AND ORDER DISMISSING NAVIGATION LAW CLAIMS AGAINST IRVING OIL LIMITED AND IRVING OIL CORPORATION: Plaintiffs voluntarily dismiss without prejudice their claims under Article 12 of the Navigation Law (New York Spill Prevention, Control and Compensation Act) as against Irving for the wells listed within this Stipulation and Order. Plaintiffs expressly reserve all remaining claims alleged in the Sixth Amended Complaint against Irving Oil expressly reserves all defendant asserted in its Master Answer relating thereto. (Signed by Judge Shira A. Scheindlin on 1/31/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(tro)
January 31, 20081673Court Opinion or Order STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST TOTAL PETROCHEMICALS USA, INC.: Plaintiffs voluntarily dismiss without prejudice their claims under Article 12 of the Navigation Law (New York Spill Prevention, Control and Compensation Act) as against TOTAL for the wells listed within this Stipulation and Order. Plaintiffs expressly reserve all remaining claims alleged in the Sixth Amended complaint against TOTAL, and TOTAL expressly reserves all defenses asserted in its Master Answer relating thereto. (Signed by Judge Shira A. Scheindlin on 1/31/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
January 31, 20081674ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Carla M. Burke dated 1/30/08 re: Plaintiffs request that the Court intervene and order that plaintiffs be allowed to file their response to certain motions on 2/15/08. ENDORSEMENT: Plaintiffs' request to respond by February 15 is granted to the extent that the Lyondell and Equistar motion raises completely district issues and plaintiffs' response relies on different evidence than the other seven motions for which responses are due January 31, 2008. The reply, if any, is due on February 25, 2008. (Signed by Judge Shira A. Scheindlin on 1/30/08) (tro)
January 31, 20081677MEMORANDUM OF LAW in Opposition re: (100 in 1:04-cv-05424-SAS, 1629 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 31, 20081678DECLARATION of M.Sanchez in Support re: (141 in 1:04-cv-05424-SAS, 1677 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition to Motion,. Document filed by Suffolk County Water Authority et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 31, 20081679COUNTER STATEMENT TO Defendant Giant Yorktown for Summary Judgment Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 31, 20081680MEMORANDUM OF LAW in Opposition re: (110 in 1:04-cv-05424-SAS, 1640 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 31, 20081681DECLARATION of Eileen Clarke in Support re: (1680 in 1:00-cv-01898-SAS-DCF, 144 in 1:04-cv-05424-SAS) Memorandum of Law in Opposition to Motion,. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 31, 20081682COUNTER STATEMENT TO Defendants' Motion For Partial Summary Judgment of Total Petrochemicals. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 31, 20081683MEMORANDUM OF LAW in Opposition to Crown Central Exculpation Motion for Summary Judgment. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 31, 20081684DECLARATION of Eileen Clarke in Support re: (1683 in 1:00-cv-01898-SAS-DCF, 147 in 1:04-cv-05424-SAS) Memorandum of Law in Opposition. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 31, 20081685COUNTER STATEMENT TO Defendant Crown Central's Exculpation Motion for Summary Judgment Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 1, 20081686MEMORANDUM OF LAW in Opposition re: (90 in 1:04-cv-05424-SAS) MOTION for Summary Judgment.. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 1, 20081687COUNTER STATEMENT TO (91 in 1:04-cv-05424-SAS, 1620 in 1:00-cv-01898-SAS-DCF) Rule 56.1 Statement. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 1, 20081688MEMORANDUM OF LAW in Opposition re: (83 in 1:04-cv-05424-SAS, 1608 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 1, 20081689DECLARATION of Robin Greenwald in Support re: (152 in 1:04-cv-05424-SAS, 1688 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition to Motion,. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 1, 20081690COUNTER STATEMENT TO (1610 in 1:00-cv-01898-SAS-DCF, 85 in 1:04-cv-05424-SAS) Rule 56.1 Statement. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 5, 20081676MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 1149 Notice of Appeal, filed by Exxon Mobil Corporation USCA Case Number 06-3981....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 1/30/2008. (nd)
February 5, 2008 Transmission of USCA Mandate/Order to the District Judge re: 1676 USCA Mandate Withdrawing Appeal,. (nd)
February 5, 20081691TRANSCRIPT of proceedings held on 11/28/07 before Judge Shira A. Scheindlin. (cd)
February 5, 20081692Court Opinion or Order ORDER ADMITTING COUNSEL PRO HAC VICE. Eduardo S. Perez, Amy E. Parker, and Julie K. Huff are hereby admitted to practice before the Court pro hac vice on behalf of Defendant Total Petrochemicals USA, Inc. in these civil actions upon the deposit of the required $25.00 fee per applicant to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 2/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
February 5, 20081693MEMORANDUM OF LAW in Opposition re: (83 in 1:04-cv-05424-SAS, 1608 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 5, 20081694DECLARATION of Robin Greenwald in Support re: (156 in 1:04-cv-05424-SAS, 1693 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Support of Motion,. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 5, 20081695COUNTER STATEMENT TO (1610 in 1:00-cv-01898-SAS-DCF, 85 in 1:04-cv-05424-SAS) Rule 56.1 Statement. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 5, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (49 in 1:04-cv-01721-SAS, 22 in 1:04-cv-04968-SAS, 3 in 1:06-cv-05922-SAS, 4 in 1:06-cv-05927-SAS, 31 in 1:04-cv-02072-SAS, 4 in 1:06-cv-05902-SAS, 7 in 1:06-cv-03754-SAS, 3 in 1:06-cv-05941-SAS, 27 in 1:04-cv-02060-SAS, 49 in 1:03-cv-10056-SAS, 3 in 1:06-cv-05945-SAS, 47 in 1:04-cv-02390-SAS, 51 in 1:03-cv-10057-SAS, 50 in 1:04-cv-01719-SAS, 3 in 1:06-cv-05915-SAS, 2 in 1:07-cv-09453-SAS, 25 in 1:04-cv-03413-SAS, 10 in 1:06-cv-03741-SAS, 27 in 1:04-cv-01722-SAS, 3 in 1:06-cv-05946-SAS, 65 in 1:03-cv-09543-SAS, 3 in 1:06-cv-05961-SAS, 4 in 1:06-cv-05949-SAS, 7 in 1:06-cv-03750-SAS, 3 in 1:06-cv-05947-SAS, 3 in 1:06-cv-05920-SAS, 4 in 1:06-cv-01379-SAS, 15 in 1:04-cv-04973-SAS, 12 in 1:04-cv-04975-SAS, 61 in 1:03-cv-09544-SAS, 3 in 1:06-cv-05924-SAS, 4 in 1:06-cv-05950-SAS, 29 in 1:04-cv-04970-SAS, 49 in 1:04-cv-04972-SAS, 26 in 1:04-cv-03412-SAS, 3 in 1:06-cv-05926-SAS, 4 in 1:06-cv-05962-SAS, 4 in 1:06-cv-05906-SAS, 3 in 1:06-cv-05933-SAS, 5 in 1:06-cv-05903-SAS, 15 in 1:04-cv-04990-SAS, 4 in 1:06-cv-05911-SAS, 3 in 1:06-cv-05930-SAS, 4 in 1:06-cv-05901-SAS, 22 in 1:04-cv-03415-SAS, 29 in 1:04-cv-03416-SAS, 3 in 1:06-cv-05954-SAS, 44 in 1:04-cv-01718-SAS, 53 in 1:04-cv-01725-SAS, 3 in 1:06-cv-05916-SAS, 42 in 1:04-cv-03418-SAS, 25 in 1:04-cv-02059-SAS, 34 in 1:04-cv-02070-SAS, 3 in 1:07-cv-06848-SAS, 4 in 1:06-cv-05940-SAS, 6 in 1:07-cv-04011-SAS, 4 in 1:06-cv-05939-SAS, 3 in 1:06-cv-05928-SAS, 3 in 1:06-cv-05958-SAS, 16 in 1:04-cv-04974-SAS, 17 in 1:04-cv-02055-SAS, 8 in 1:06-cv-01381-SAS, 22 in 1:04-cv-02067-SAS, 4 in 1:06-cv-05931-SAS, 24 in 1:04-cv-02062-SAS, 14 in 1:04-cv-04969-SAS, 31 in 1:04-cv-02068-SAS, 4 in 1:06-cv-05932-SAS, 155 in 1:04-cv-05424-SAS, 5 in 1:06-cv-03753-SAS, 47 in 1:03-cv-10052-SAS, 25 in 1:04-cv-02061-SAS, 25 in 1:04-cv-02053-SAS, 6 in 1:07-cv-04009-SAS, 3 in 1:06-cv-05943-SAS, 3 in 1:06-cv-05953-SAS, 3 in 1:06-cv-05921-SAS, 32 in 1:06-cv-05496-SAS, 46 in 1:04-cv-01716-SAS, 5 in 1:05-cv-10259-SAS, 7 in 1:06-cv-03752-SAS, 33 in 1:03-cv-09050-SAS, 4 in 1:06-cv-05938-SAS, 52 in 1:04-cv-01720-SAS, 1692 in 1:00-cv-01898-SAS-DCF, 4 in 1:06-cv-05942-SAS, 5 in 1:06-cv-00877-SAS, 7 in 1:06-cv-03742-SAS, 35 in 1:04-cv-06993-SAS, 9 in 1:05-cv-09070-SAS, 4 in 1:06-cv-05913-SAS, 6 in 1:07-cv-04012-SAS, 28 in 1:04-cv-03420-SAS, 4 in 1:06-cv-05957-SAS, 37 in 1:03-cv-08248-SAS, 48 in 1:04-cv-02388-SAS, 4 in 1:06-cv-05923-SAS, 27 in 1:04-cv-05421-SAS, 29 in 1:04-cv-05422-SAS, 4 in 1:06-cv-05963-SAS, 27 in 1:04-cv-02066-SAS, 64 in 1:07-cv-02405-SAS, 3 in 1:06-cv-05948-SAS, 3 in 1:06-cv-05914-SAS, 48 in 1:03-cv-10054-SAS, 3 in 1:06-cv-05937-SAS, 4 in 1:06-cv-05959-SAS, 16 in 1:04-cv-01724-SAS, 9 in 1:05-cv-04018-SAS, 3 in 1:06-cv-05952-SAS, 24 in 1:04-cv-01723-SAS, 4 in 1:06-cv-05912-SAS, 15 in 1:04-cv-02056-SAS, 4 in 1:07-cv-08360-SAS, 4 in 1:06-cv-05925-SAS, 4 in 1:06-cv-05956-SAS, 48 in 1:03-cv-10055-SAS, 71 in 1:04-cv-02389-SAS, 49 in 1:03-cv-10051-SAS, 43 in 1:04-cv-03417-SAS, 28 in 1:04-cv-01726-SAS, 4 in 1:06-cv-05955-SAS, 3 in 1:06-cv-05960-SAS, 4 in 1:06-cv-05905-SAS, 24 in 1:04-cv-03419-SAS, 14 in 1:04-cv-02057-SAS, 3 in 1:06-cv-05951-SAS, 48 in 1:03-cv-10053-SAS, 4 in 1:06-cv-05907-SAS, 3 in 1:06-cv-05919-SAS, 3 in 1:06-cv-05917-SAS, 28 in 1:04-cv-05423-SAS, 7 in 1:06-cv-03751-SAS, 14 in 1:04-cv-04971-SAS, 29 in 1:04-cv-01727-SAS) Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
February 11, 20081696Court Opinion or Order ORDER MODIFYING CASE MANAGEMENT ORDER NO. 35. By agreement of the parties and with permission of the Court, Case Management Order No. 35 ("CMO 35") in the captioned action is hereby modified as follows: The first sentence of Section 1 ("Expert Discovery") is amended to extend the deadline for completion of expert depositions by one week, from 2/29/08 to 3/7/08. (Signed by Judge Shira A. Scheindlin on 2/11/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(rjm)
February 11, 20081700REPLY MEMORANDUM OF LAW in Support re: (100 in 1:04-cv-05424-SAS, 1629 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Giant Yorktown inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 11, 20081701MEMORANDUM OF LAW in Opposition re: (118 in 1:04-cv-05424-SAS, 1649 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 11, 20081702DECLARATION of Robin Greenwald in Support re: (1701 in 1:00-cv-01898-SAS-DCF, 162 in 1:04-cv-05424-SAS) Memorandum of Law in Opposition to Motion,. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 11, 20081703COUNTER STATEMENT TO (120 in 1:04-cv-05424-SAS, 1651 in 1:00-cv-01898-SAS-DCF) Rule 56.1 Statement. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 11, 20081704REPLY MEMORANDUM OF LAW in Support re: (1619 in 1:00-cv-01898-SAS-DCF, 90 in 1:04-cv-05424-SAS) MOTION for Summary Judgment.. Document filed by Irving Oil Limited. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 11, 20081705DECLARATION of susan Campbell in Support re: (1704 in 1:00-cv-01898-SAS-DCF, 165 in 1:04-cv-05424-SAS) Reply Memorandum of Law in Support of Motion. Document filed by Irving Oil Corporation, Irving Oil Limited. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 11, 20081706MEMORANDUM OF LAW in Opposition re: (1665 in 1:00-cv-01898-SAS-DCF, 134 in 1:04-cv-05424-SAS) MOTION for Summary Judgment.. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 11, 20081707DECLARATION of Steven German in Support re: (167 in 1:04-cv-05424-SAS, 1706 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition to Motion,. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 11, 20081708COUNTER STATEMENT TO (136 in 1:04-cv-05424-SAS, 1667 in 1:00-cv-01898-SAS-DCF) Rule 56.1 Statement. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 13, 20081709MEMORANDUM OF LAW in Opposition re: (129 in 1:04-cv-05424-SAS, 1660 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 13, 20081710DECLARATION of Nellie Barnard in Support re: (170 in 1:04-cv-05424-SAS, 1709 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition to Motion,. Document filed by Suffolk County Water Authority. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 13, 20081711COUNTER STATEMENT TO (132 in 1:04-cv-05424-SAS, 1663 in 1:00-cv-01898-SAS-DCF) Rule 56.1 Statement. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 14, 20081697Court Opinion or Order ORDER: This Order modifies the 11/13/07 1590 Order remanding a mistakingly number and incorrect docket number. It is hereby Ordered that case # 05cv5744 (SAS) be remanded to the Superior Court of California, County of Marin. It is further Ordered, that the Cerk of this Court furnish the Clerk of the appropriate state court with a certified copy of this Order. Filed in Associate Case # 05cv5744 (SAS). (Signed by Judge Shira A. Scheindlin on 2/14/08) (db)
February 14, 20081712REPLY MEMORANDUM OF LAW in Support re: Exculpation Motion for Summary Judgment. Document filed by Crown Central Petroleum Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 14, 20081718MEMORANDUM OF LAW in Opposition re: (125 in 1:04-cv-05424-SAS, 1656 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 14, 20081719DECLARATION of Steven German in Support re: (174 in 1:04-cv-05424-SAS, 1718 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition to Motion,. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 14, 20081720COUNTER STATEMENT TO (127 in 1:04-cv-05424-SAS, 1658 in 1:00-cv-01898-SAS-DCF) Rule 56.1 Statement. Document filed by Suffolk County Water Authority. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 15, 20081698Court Opinion or Order CASE MANAGEMENT (PROTECTIVE) ORDER No. 36 (Application of Revised Confidentiality Order to Production of Documents or Things Pursuant to Terminal Subpoenas): regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Shira A. Scheindlin on 2/15/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(db)
February 15, 20081721REPLY MEMORANDUM OF LAW in Support re: (1665 in 1:00-cv-01898-SAS-DCF, 134 in 1:04-cv-05424-SAS) MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 15, 20081722AFFIDAVIT of Thomas Maguire in Support re: (1721 in 1:00-cv-01898-SAS-DCF, 177 in 1:04-cv-05424-SAS) Reply Memorandum of Law in Support of Motion. Document filed by Exxon Mobil. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd) .
February 15, 20081723REPLY MEMORANDUM OF LAW in Support re: (83 in 1:04-cv-05424-SAS, 1608 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 15, 20081724COUNTER STATEMENT TO (1610 in 1:00-cv-01898-SAS-DCF, 85 in 1:04-cv-05424-SAS) Rule 56.1 Statement. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 15, 20081725REPLY MEMORANDUM OF LAW in Support re: (110 in 1:04-cv-05424-SAS, 1640 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Total Petrochemicals USA, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 15, 20081726DECLARATION of M. Coy Connelly in Support re: (181 in 1:04-cv-05424-SAS, 1725 in 1:00-cv-01898-SAS-DCF) Reply Memorandum of Law in Support of Motion. Document filed by Total Petrochemicals USA, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 19, 20081699REPLY MEMORANDUM OF LAW in Further Support re: 1635 MOTION. MOTION for Summary Judgment. Document filed by Getty Properties Corp. (pl)
February 20, 2008 CASHIERS OFFICE REMARK on 1692 Order Admitting Attorney Pro Hac Vice, in the amount of $75.00, paid on 02/06/2008, Receipt Number 640562. (jd)
February 22, 20081730MOTION to Appointment of General Guardians for Minor Plaintiffs. Document filed by Brenda Abrahamson et al.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd)
February 25, 20081713ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard E. Wallace dated 2/25/08 re: Request that the Shell defendants and moving plaintiffs have until 4/5/08 to file objections or motions regarding PTO #38. ENDORSEMENT: Granted. ( Motions due by 4/5/2008.) (Signed by Judge Shira A. Scheindlin on 2/25/08) (cd)
February 25, 20081727MEMORANDUM OF LAW in Opposition re: (95 in 1:04-cv-05424-SAS, 1624 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 25, 20081728DECLARATION of Chad West in Support re: (183 in 1:04-cv-05424-SAS, 1727 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition to Motion,. Document filed by Suffolk County Water Authority. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 25, 20081729COUNTER STATEMENT TO (98 in 1:04-cv-05424-SAS, 1627 in 1:00-cv-01898-SAS-DCF) Rule 56.1 Statement. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 26, 20081714Court Opinion or Order ORDER GRANTING EXTENSION OF TIME TO FILE SUPPLEMENTAL BRIEF ON STATUTE OF LIMITATIONS: The Orange County Water District's unopposed request for an extension of time to file its supplemental brief on the statute of limitations is GRANTED. The District's brief shall be filed no later than 3/28/08. ( Brief due by 3/28/2008.) (Signed by Judge Shira A. Scheindlin on 2/26/08) (tro)
February 26, 20081715Court Opinion or Order STIPULATION AND ORDER DISMISSING MEDICAL MONITORING AND GENERAL BUSINESS LAW SECTION 349 CLAIMS: For reasons further set forth in said Order, The Business Law Section 349 Claims in actions 03cv8248 and 03cv9050 are dismissed with prejudice. (Signed by Judge Shira A. Scheindlin on 2/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(db)
February 26, 20081731REPLY MEMORANDUM OF LAW in Support re: (129 in 1:04-cv-05424-SAS, 1660 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation, Lyondell Chemical Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 26, 20081732DECLARATION of James Pardo in Support re: (186 in 1:04-cv-05424-SAS, 1731 in 1:00-cv-01898-SAS-DCF) Reply Memorandum of Law in Support of Motion,. Document filed by Exxon Mobil Corporation, Lyondell Chemical Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 26, 20081733SUPPLEMENTAL DECLARATION of Jeffrey Moller in Support re: (186 in 1:04-cv-05424-SAS, 1731 in 1:00-cv-01898-SAS-DCF) Reply Memorandum of Law in Support of Motion,. Document filed by Exxon Mobil Corporation, Lyondell Chemical Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 26, 20081734COUNTER STATEMENT TO (127 in 1:04-cv-05424-SAS, 1658 in 1:00-cv-01898-SAS-DCF) Rule 56.1 Statement. Document filed by Exxon Mobil Corporation, Lyondell Chemical Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 27, 20081716LETTER addressed to Judge Shira A. Scheindlin from Matthew T. Haertney dated 2/22/2008 re: On February 1, 2008, defendants consented to amendment to implementing the Court's directives from the December 11, 2007 teleconference, limited to paragraphs 104 and 106. Upon receiving the District's February 19, 2008 pre-motion letter, defendants first learned that plaintiff also seeks to make substantive amendments in 27 other paragraphs of SAC. Defendants ask that leave for these amendments be denied. The Clerk of the Court is directed to docket this letter and attached exhibits. Document filed by Atlantic Richfield Company, BP Products North America, Inc., Bains Brothers, LLC, BP West Coast LLC, American Refining Group Inc.'s, Bartco Corp., BP Amoco Chemical Company, Inc., Amerada Hess Corporation.(jmi)
February 27, 20081717Court Opinion or Order STIPULATION AND ORDER OF DISMISSING MEDICAL MONITORING AND GENERAL BUSINESS LAW SECTION 349 CLAIMS, 10 in Basso et al v Sunoco, 03-9050, the 14th Cause of Action, is hereby dismissed with prejudice; 2) in Tonneson et v Sunoc, 03-8248, plaintiffs' claims against defendants for medical damages are hereby dismissed with prejudice; 3) The Tonneson and Basso Plaintiffs' Seventh Causes of Action, are dismissed with prejudice. Third party defendant Town of Highlands Eighth counterclaim against Third-party Plaintiffs Sunoco is hereby dismissed with prejudice. (Signed by Judge Shira A. Scheindlin on 2/27/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
February 27, 20081735REPLY MEMORANDUM OF LAW in Support re: (125 in 1:04-cv-05424-SAS, 1656 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation ET AL. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
February 29, 20081741ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Robin Greenwald dated 2/28/08 re: Reqeust to extend time to 3/21/08 to finalize settlement or for plaintiffs to file its opposition to GPMI's motion. ENDORSEMENT: Request granted. Plaintiffs may have until 3/21/08 to file their response to GPMI's motion for summary judgment. Set Deadlines/Hearing as to 1649 MOTION for Summary Judgment. ( Response due by 3/21/2008) (Signed by Judge Shira A. Scheindlin on 2/29/08) (cd)
March 3, 20081737REPLY MEMORANDUM OF LAW in Support re: (95 in 1:04-cv-05424-SAS, 1624 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Equistar Chemicals, LP, Lyondell Chemical Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
March 3, 20081738DECLARATION of Daniel Brown in Support re: (191 in 1:04-cv-05424-SAS, 1737 in 1:00-cv-01898-SAS-DCF) Reply Memorandum of Law in Support of Motion,. Document filed by Equistar Chemicals, LP, Lyondell Chemical Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
March 5, 20081736ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard Wallace dated 2/25/08 re: Request for an extension of time until 4/5/08 to file objections or motions regarding PTO #38. ENDORSEMENT: Granted. ( Motions due by 4/5/2008.) (Signed by Judge Shira A. Scheindlin on 3/5/08) (cd)
March 5, 20081739Court Opinion or Order STIPULATION AND ORDER DISMISSING GENERAL BUSINESS LAW SECTION 349 CLAIMS, plaintiffs' cause of action alleging Deceptive Business Acts and Practices in Violation of GBL 349 (Plaintiffs County of Suffolk's and Suffolk County Water Authority's Seventh Cause of Action at Paragraphs 255-259 of their Sixth Amended Complaint, and Plaintiff United Water NY's Seventh Cause of Action at Paragraphs 253-257 of its Fifth Amended Complaint), filed on or about 10/16/06, is hereby voluntarily dismissed with prejudice against defendants. (Signed by Judge Shira A. Scheindlin on 3/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS(cd)
March 6, 20081740Court Opinion or Order ORDER granting (6) Motion to Appoint Custodian in case 1:06-cv-03753-SAS; granting (1730) Motion to Appoint Custodian in case 1:00-cv-01898-SAS-DCF. The legal parent(s) identified in Exhibit "A" is/are appointed general guardian of property of their minor child as identified in Exhibit "A" are are authorized to prosecute and/or resolve this action on behalf of Minor Plaintiffs. (Signed by Judge Shira A. Scheindlin on 3/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd)
March 10, 20081742Court Opinion or Order STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST GETTY PROPERTIES CORP.: Counsel for the Plaintiffs County of Suffolk and Suffolk County Water Authority and Defendant Getty Properties Corp. hereby agree on behalf of the parties that: Getty Properties withdraws its "Motion for Exculpation and Partial Summary Judgment of Getty Properties Corp.," dated January 11, 2008 and all supporting papers. Plaintiffs voluntarily dismiss without prejudice all claims against Getty Properties arising from the contamination in the Kayron Drive No. 1A well and the Morris Avenue No. 2 well that might be attributed to the Getty service station located at 913 Portion Road, Ronkonkoma, New York, as set forth in this stipulation and order. Plaintiffs expressly reserve all remaining claims alleged in their complaints against Getty Properties, and Getty Properties expressly reserve all defenses asserted in its Master Answer relating thereto. Should plaintiffs subsequently discover any inaccuracies in Getty Properties and/or GPMI's representations with respect to the 913 Portion Road Station and/or information that conflicts with Getty Properties' and/or GPMI's representations with respect to the 913 Portion Road Station, then Defendant Getty Properties consent to allow plaintiffs to amend their complaint to reinstate the said claims against Getty Properties. Should of the any claims be reinstated for any reason, then Defendant Getty Properties agrees that the statue of limitations is tolled with respect to said claims, as set forth in this stipulation and order. (Signed by Judge Shira A. Scheindlin on 3/7/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jpo)
March 11, 20081743Court Opinion or Order ORDER MODIFYING CASE MANAGEMENT ORDER No. 35: By agreement of Defendants/Third-Party Plaintiffs Sunoco, Inc. and Sunoco, Inc.(R&M) ("Sunoco"), and Third-Party Defendant Town of Highlands, and with permission of the Court, Section 2 ("Dispositive Motions") of Case Management Order No. 35 ("CMO 35") in the above- captioned action is hereby modified as follows with respect to briefs pertaining to the Town of Highland's Counterclaims against Sunoco: Motions due by 4/11/2008. Responses due by 5/23/2008 Replies due by 6/20/2008. SO ORDERED (Signed by Judge Shira A. Scheindlin on 3/11/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(jmi)
March 11, 20081744Court Opinion or Order ORDER MODIFYING CASE MANAGEMENT ORDER NO. 35; Moving papers shall be filed on or before 4/11/2008. Oppositions papers filed on or before 5/23/2008, Replies filed on or before 6/20/2008. (Signed by Judge Shira A. Scheindlin on 3/11/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(pl)
March 11, 20081745STIPULATION OF DISMISSAL that pursuant to F.R.C.P. 41(a)(1)(ii), the parties hereby stipulate that Giant Yorktown, Inc. shall be and hereby is dismissed from this action without prejudice. Each party to bear its own costs. (this document refers to: 07cv6848). (Signed by Judge Shira A. Scheindlin on 3/11/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-06848-SAS(pl)
March 11, 20081746ENDORSED LETTER addressed to Judge Honorable Shira A. Scheindlin from Robin L. Greenwald dated 3/11/08 re: plaintiffs respectfully requests that the court temporarily stay entering an order production of Dr. Belpossi as an expert witness and order dft. ExxonMobile to provide to plaintiffs the document s they admit to having received from the NTP through their participation in the National Petroleum Refiner's Association (NPRA). ENDORSEMENT: The Court will stay entry of the proposed order reporting the preclusion of Dr. Belpoggi as an expert witness until one week following defendants production of the NPRA material to plaintiff counsel.So Ordered. (Signed by Judge Shira A. Scheindlin on 3/11/08) (pl)
March 11, 20081747STIPULATION OF DISMISSAL: that Giant Yorktown, Inc. shall be and hereby is dismissed from the above action without prejudice. Each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 3/11/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04012-SAS(tro)
March 11, 20081748STIPULATION OF DISMISSAL: that Giant Yorktown, Inc. shall be and hereby is dismissed from the above action without prejudice. Each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 3/11/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04011-SAS(tro)
March 11, 20081749STIPULATION OF DISMISSAL: that Giant Yorktown, Inc. shall be and hereby is dismissed from the above action without prejudice. Each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 3/11/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04009-SAS(tro)
March 12, 20081750TRANSCRIPT of proceedings held on 11/8/07 before Judge Shira A. Scheindlin. (cd)
March 12, 20081751TRANSCRIPT of proceedings held on 12/13/08 before Judge Shira A. Scheindlin. (cd)
March 13, 20081752TRANSCRIPT of proceedings held on 1/16/08 before Judge Shira A. Scheindlin. Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09543-SAS(cd)
March 17, 20081753MOTION in Limine to exclude the opinion of plaintiff's expert Gregory Langer. Document filed by Sunoco, Inc., Sunoco (R&M), Exxonmobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
March 17, 20081754DECLARATION of Daniel Krainin in Support re: (43 in 1:03-cv-08248-SAS, 1753 in 1:00-cv-01898-SAS-DCF, 39 in 1:03-cv-09050-SAS) MOTION in Limine.. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M). Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
March 17, 20081755MOTION in Limine to exclude the opinion of plaintiffs' expert William S. Cain. Document filed by Exxon Mobil Corporation, Sunoco (R&M), Sunoco, Inc..Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
March 17, 20081756DECLARATION of Kristine Sendek-Smith in Support re: (1755 in 1:00-cv-01898-SAS-DCF, 41 in 1:03-cv-09050-SAS, 45 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
March 17, 20081757MEMORANDUM OF LAW in Support re: (1755 in 1:00-cv-01898-SAS-DCF, 41 in 1:03-cv-09050-SAS, 45 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
March 17, 20081758MOTION in Limineto exclude the opinion of plaintiffs' expert Myron A. Mehlman. Document filed by Sunoco, Inc., Sunoco (R&M), Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
March 17, 20081759DECLARATION of Kristine Sendek-Smith in Support re: (1758 in 1:00-cv-01898-SAS-DCF, 44 in 1:03-cv-09050-SAS, 48 in 1:03-cv-08248-SAS) MOTION in Limine. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
March 17, 20081760MEMORANDUM OF LAW in Support re: (1758 in 1:00-cv-01898-SAS-DCF, 44 in 1:03-cv-09050-SAS, 48 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
March 18, 20081761TRANSCRIPT of proceedings held on 2/8/08 before Judge Shira A. Scheindlin. (cd)
March 21, 20081762TRANSCRIPT of proceedings held on 3/10/2008 before Judge Shira A. Scheindlin. (jp)
March 24, 20081763FOURTH AMENDED MASTER ANSWER to Complaint. Document filed by Shell Oil Products Company, Shell Oil Company, Shell Petroleum, Inc., Shell Trading (US) Company.(cd)
March 24, 20081764FOURTH AMENDED MASTER ANSWER to Complaint. Document filed by Chevron U.S.A., Inc., Chevron Corporation, Chevrontexaco Corporation, Chevron Phillips Chemical Company LLC.(cd)
March 24, 20081768Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE: It is hereby ordered that Lee Sepulvado-Ramos, Ivan Aponte-Figueroa, Denise Rodrigues-Flores, and Jorge Galiber-Sanchez, of Carrion & Sepulvado, Citibank Tower Suite 1202,252 Ponce de Leon,San Juan, Puerto Rico 00918, Tel:(787) 765-5656, Fax: (787) 294-0073 are admitted to practice pro hav vice in the above-reference action as counsel for defendant Total corporate entities in the Southern District of New York, upon receipt by the Clerk of the Court of the required fee of $25.00 per application. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 3/24/2008) (jmi)
March 24, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: 1768 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi)
March 25, 20081765Court Opinion or Order ORDER: The Court hereby permits the District to exceed the limits of Rule III.H of the Court's Individual Rules and Civil Procedures in support of its supplemental briefing as follows: The District may serve up to 130 exhibits relating to specific gasoline stations, and no more than 15 exhibits not related to specific stations and the District may serve affidavits of up to 15 pages. (Signed by Judge Shira A. Scheindlin on 3/24/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(jpo)
March 25, 20081766STIPULATION TO FILE THIRD AMENDED COMPLAINT: The parties herein hereby agree and stipulate that the attached Third Amended Complaint (Exhibit 1), with amendments to paragraphs 104 and 106 only, may be filed without opposition in the above case. (Signed by Judge Shira A. Scheindlin on 3/24/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(jpo)
March 25, 20081767Court Opinion or Order ORDER, in case 1:04-cv-02389-SAS; terminating [] Motion to Compel in case 1:04-cv-05424-SAS; terminating (1400) Motion to Compel in case 1:00-cv-01898-SAS-DCF. Defendant's time to object to the Special Master's Pretrial order #38 is hereby adjourned sine die. The Clerk of the Court is directed to close this motion (#1400 on the master docket (00-1898) and also listed as Motion to Compel filed 4/27/07 on the individual case docket for the County of Suffolk action, No. 04-5424).. (Signed by Judge Shira A. Scheindlin on 3/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS (United Water NY), 1:04-cv-05424-SAS(cd)
March 28, 2008 CASHIERS OFFICE REMARK on 1768 Order Admitting Attorney Pro Hac Vice,, in the amount of $100.00, paid on 3/25/08, Receipt Number 645834. (Quintero, Marcos)
March 31, 20081769Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL OF NAVIGATION LAW CLAIMS AGAINST DEFENDANT GIANT YORKTOWN, INC.: Plaintiff voluntarily dismiss without prejudice their claims under Article 12 of the Navigation Law (New York Spill Prevention, Control and Compensation Act) as against Giant Yorktown, Inc. for the following wells: Broadway Well No. 2; Church Street (Bohemia) Well No. 1; Church Street (Holbrook) Well No. 2; College Road Well No. 3; Dare Road Well No. 1; Horseback Well No. 1; Kayron Drive Well Drive No. 1A; Lakeview Well No.1; Montauk Highway Well No. 1A; Oak Street Well No. 1; Morris Avenue Well No. 2; Samuel Street Well No. 4; Strathmore Court Well No. 1; Virginia Ave. Well No. 1; Wheat Path Well No. 3; Wheeler Road Well No. 1; and Wicks Road Well No. 1. Plaintiffs expressly reserve all remaining claims alleged in the Sixth Amended Complaint against Giant Yorktown, Inc. and Giant Yorktown, Inc. expressly reserves all defenses asserted in its Master Answer relating thereto. (Signed by Judge Shira A. Scheindlin on 3/31/2008) (jpo)
March 31, 20081772SUPPLEMENTAL MEMORANDUM OF LAW in Opposition Re Statute of Limitations. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081773SUPPLEMENTAL RULE 56.1 STATEMENT. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081774DECLARATION of Tracey O'Reilly in Support re: (29 in 1:04-cv-04968-SAS, 1772 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081775DECLARATION of Marcel Moreau in Support re: (29 in 1:04-cv-04968-SAS, 1772 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081776DECLARATION of Roy Herndon in Opposition re: (29 in 1:04-cv-04968-SAS, 1772 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081777SUPPLEMENTAL DECLARATION of David Bolin in Opposition re: (29 in 1:04-cv-04968-SAS, 1772 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081778MOTION for Summary Judgment based on the Statute of Limitations. Document filed by Atlantic Richfield Company, Inc., BP Products North America, Inc., BP West Coast LLC, et al.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081779MOTION for Joinder In Motion For Summary Judgment based on the Statute of Limitations (doc #1778). Document filed by Southern Counties Oil Co., (Doe 7).Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081780MEMORANDUM OF LAW in Opposition re: (35 in 1:04-cv-04968-SAS, 1778 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081781DECLARATION of Michael Axline in Support re: (37 in 1:04-cv-04968-SAS, 1780 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition to Motion. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081782DECLARATION of Roy Herndon in Support re: (37 in 1:04-cv-04968-SAS, 1780 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition to Motion. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081783REPLY MEMORANDUM OF LAW in Support re: (35 in 1:04-cv-04968-SAS, 1778 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, Inc., BP Products North America, Inc., BP West Coast LLC et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081784COUNTER STATEMENT TO (30 in 1:04-cv-04968-SAS, 1773 in 1:00-cv-01898-SAS-DCF) Rule 56.1 Statement. Document filed by Atlantic Richfield Company, Inc., BP Products North America, Inc., BP West Coast LLC et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081785DECLARATION of Matthew Heartney in Support re: (40 in 1:04-cv-04968-SAS, 1783 in 1:00-cv-01898-SAS-DCF) Reply Memorandum of Law in Support of Motion,. Document filed by Atlantic Richfield Company, Inc., BP Products North America, Inc., BP West Coast LLC et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081786DECLARATION of Margaret Eggers in Support re: (35 in 1:04-cv-04968-SAS, 1778 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, Inc., BP Products North America, Inc., BP West Coast LLC et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081787DECLARATION of Jon Anderson in Support re: (35 in 1:04-cv-04968-SAS, 1778 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, Inc., BP Products North America, Inc., BP West Coast LLC et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081788REPLY To Plaintiff Orange Countys' Objection to the Declaration of William Costley in support of defenants' Motion for Summary Judment re statute of limitations. Document filed by Atlantic Richfield Company, Inc., BP Products North America, Inc., BP West Coast LLC (Doe 3). Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081789SUPPLEMENTAL MEMORANDUM OF LAW re Statute of Limitations. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081790DECLARATION of Michael Axline in Support re: (1789 in 1:00-cv-01898-SAS-DCF, 46 in 1:04-cv-04968-SAS) Memorandum of Law. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
March 31, 20081791SUPPLEMENTAL DECLARATION of Roy Herndon in Support re: (1789 in 1:00-cv-01898-SAS-DCF, 46 in 1:04-cv-04968-SAS) Memorandum of Law. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
April 2, 20081771Court Opinion or Order STIPULATION AND ORDER RE TESORO DEFENDANTS' ANSWER TO PLAINTIFF'S THIRD AMENDED COMPLAINT, the Court has considered the stipulation of the Plaintiff Orange County Water District and Tesoro to allow Tesoro's answer to Plaintiff's Second Amended Complaint to serve as Tesoro's response to Plaintiff's Third Amended Complaint, and the request is hereby GRANTED. (Signed by Judge Shira A. Scheindlin on 4/2/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
April 3, 20081770CASE MANAGEMENT PLAN #37 (Pre-Trial Deadlines re witness lists and exhibit lists, as further set forth in this document ): Motions (defendant in limine) due by 6/30/2008. Responses due by 7/14/2008 Replies due by 7/21/2008. Plaintiff in limine motions, if any, on or before 7/14/08. Response papers, if any, shall be filed by 7/28/08; reply papers, if any, shall be filed by 7/21/08. (Signed by Judge Shira A. Scheindlin on 4/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
April 7, 20081792Court Opinion or Order AGREED ORDER OF DISMISSAL pursuant to FRCP 41(a)(2), as to defendants Fauser Oil Co., Keck, Inc., and Mulgrew Oil Co., without prejudice, with each party to bear its own attorney's fees and costs. (Signed by Judge Shira A. Scheindlin on 4/4/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01723-SAS(cd)
April 7, 20081793Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE, INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: The time to answer or otherwise respond to the Complaint is hereby extended to and including June 1, 2008 for Rosemore, Inc. (Signed by Judge Shira A. Scheindlin on 4/7/08) (tro) Filed in associated civil case no. 08-cv-312.
April 7, 20081794Court Opinion or Order STIPULATION AND ORDER: the deadline for Chevron to file any pleading or motion in response to the complaint in the above captioned case shall be extended to June 6, 2008. (Signed by Judge Shira A. Scheindlin on 4/7/08) Filed in associated civil case no. 07-cv-10470. (tro)
April 9, 20081795Court Opinion or Order STIPULATION AND ORDER RE TESORO DEFENDANTS' ANSWER TO PLAINTIFF'S THIRD AMENDED COMPLAINT, the Court has considered the stipulation of the Plaintiff Orange County Water District and Tesoro to allow Tesoro's answer to Plaintiff's Second Amended Complaint to serve as Tesoro's response to Plaintiff's Third Amended Complaint, and the request is hereby GRANTED. (Signed by Judge Shira A. Scheindlin on 4/9/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
April 14, 20081796MOTION for More Definite Statement pursuant to FRCP 12(e). Document filed by Exxon Mobil Corporation et al.(cd)
April 14, 20081797MEMORANDUM OF LAW in Support re: 1796 MOTION for More Definite Statement.. Document filed by Exxon Mobil Corporation. (cd)
April 14, 20081806TRANSCRIPT of proceedings held on 3/20/08 before Judge Shira A. Scheindlin. Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
April 15, 20081798Court Opinion or Order ORDER ADMITTING ATTORNEY Jan Carlos Rodriguez-Munoz PRO HAC VICE, on behalf of Shell Oil Co., Shell Chemical Ybucoa, Shell Trading (US) Co., Equilon Enterprises, Motiva Enterprises, and The Shell Company (Puerto Rico) Ltd. (Signed by Judge Shira A. Scheindlin on 4/15/08) (cd)
April 15, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: 1798 Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
April 16, 20081799RESPONSE in Opposition re: (44 in 1:03-cv-09050-SAS, 48 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Dave Tonneson, Robert Basso. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
April 16, 20081800DECLARATION of Michael Axline in Support re: (1799 in 1:00-cv-01898-SAS-DCF, 51 in 1:03-cv-08248-SAS, 47 in 1:03-cv-09050-SAS) Response in Opposition to Motion. Document filed by Dave Tonneson, Robert Basso. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
April 16, 20081801RESPONSE in Opposition re: (1755 in 1:00-cv-01898-SAS-DCF, 41 in 1:03-cv-09050-SAS, 45 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Dave Tonneson, Robert Basso. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
April 16, 20081802DECLARATION of Michael Axline in Support re: (1801 in 1:00-cv-01898-SAS-DCF, 53 in 1:03-cv-08248-SAS, 49 in 1:03-cv-09050-SAS) Response in Opposition to Motion,. Document filed by Dave Tonneson, Robert Basso. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
April 16, 20081803RESPONSE in Opposition re: (43 in 1:03-cv-08248-SAS, 1753 in 1:00-cv-01898-SAS-DCF, 39 in 1:03-cv-09050-SAS) MOTION in Limine.. Document filed by Dave Tonneson, Robert Basso. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
April 17, 20081804Court Opinion or Order ORDER GRANTING DEFENDANTS' REQUEST FOR AN EXTENSION TO FILE RESPONSE TO ORANGE COUNTY WATER DISTRICT'S SUPPLEMENTAL OPPOSITION BRIEF RE STATUTE OF LIMITATIONS, defendants' brief shall be filed no later than 5/9/08, and absent further Order of the Court, the District's reply brief shall be filed no later than 5/23/08. ( Brief due by 5/9/2008. Reply brief due by 5/23/2008.) (Signed by Judge Shira A. Scheindlin on 4/16/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
April 18, 20081805DECLARATION of Tracey O'Reilly in Support of Plaintiffs' Opposition to Defendants' joint Motion in Limine to Exclude The Opinion of Plaintiffs' Expert Gregory R. Langer. (attached are exhibits in support) Document filed by Dave Tonneson, Robert Basso. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
April 25, 20081807MOTION for Stephen C. Dillard to Appear Pro Hac Vice. Document filed by ConocoPhillips Company, Chevron Phillips Chemical Company LLC.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
April 25, 20081808MOTION for Brett Young to Appear Pro Hac Vice. Document filed by ConocoPhillips Company, Chevron Phillips Chemical Company LLC.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
April 30, 2008 CASHIERS OFFICE REMARK on 1808 Motion to Appear Pro Hac Vice, 1807 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 04/25/2008, Receipt Number 649118. (jd)
April 30, 20081809REPLY MEMORANDUM OF LAW in Support re: (43 in 1:03-cv-08248-SAS, 1753 in 1:00-cv-01898-SAS-DCF, 39 in 1:03-cv-09050-SAS) MOTION in Limine.. Document filed by Citgo Petroleum Corporation, Citgo Refining & Chemicals Co, LP, Chevron U.S.A. Inc., ChevronTexaco Corp., Atlantic Richfield Company, BP Products North America Inc., ConocoPhilips Company,, Amerada Hess Corporation, Coastal Eagle Point Company, Citgo Refining and Chemicals Company, LP, Chevrontexaco Corporation, BP Products North America Inc., ConocoPhillips Co., Amerada Hess Corp., Coastal Chem, Inc., Coastal Eagle Point Oil Company, Coastal Oil New England, Inc., Chevron U.S.A., Inc., Costal Corporation, BP Products North America, Inc., ConocoPhillips Company, Circle K Stores, Inc., Bains Brothers, LLC, Sartaj Bains, BP West Coast LLC, Citgo Refining and Chemicals Company L.P., Buckley Energy Group, Ltd., Buckley Gasoline Marketers, Inc., Coastal Eagle Piont Oil Company, Coastal Fuels Marketing, Inc., Chelsea Sandwich, LLC., Bartco Corp., Blue Star Petroleum, Inc.,, Central Florida Pipeline Corporation, BP Amoco Chemical Company, Inc., Amerada Hess Corporation, Chevron Phillips Chemical Company LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(pl)
April 30, 20081810REPLY in Support re: (1758 in 1:00-cv-01898-SAS-DCF, 44 in 1:03-cv-09050-SAS, 48 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Atlantic Richfield Company, BP Products North America Inc., Amerada Hess Corporation, BP Products North America Inc., Amerada Hess Corp., BP Products North America, Inc., Bains Brothers, LLC, Sartaj Bains, BP West Coast LLC, American Refining Group Inc.'s, Bartco Corp., Blue Star Petroleum, Inc.,, BP Amoco Chemical Company, Inc., Amerada Hess Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(pl)
May 7, 20081811Court Opinion or Order OPINION AND ORDER denying for the reasons stated in this document re: (1665 in 1:00-cv-01898-SAS-DCF, 134 in 1:04-cv-05424-SAS) MOTION for Summary Judgment, filed by ExxonMobil Chemical Company, Inc.,, Exxon Mobil Corporation. The Clerk of the Court is directed to close this motion (docket #1665). (Signed by Judge Shira A. Scheindlin on 5/7/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS Copies sent by chambers.(cd)
May 7, 20081812Court Opinion or Order OPINION & ORDER #96044, defendants' motion in limine is granted. The Clerk of the Court is directed to close this motion (docket #1532). (Signed by Judge Shira A. Scheindlin on 5/7/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS Copies sent by chambers.(cd) Modified on 5/8/2008 (ae).
May 7, 20081813Court Opinion or Order OPINION AND ORDER #96042: For the reasons above, defendants' motion for the summary judgment for claims arising from the MTBE contamination of two wells, Samuel Street No. 4 and Wheeler Road No. 1, is denied. The Clerk of Court is directed to close this motion (docket #1665). (Signed by Judge Shira A. Scheindlin on 5/6/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(jpo) Modified on 5/8/2008 (ae).
May 7, 20081814Court Opinion or Order OPINION & ORDER #96043 granting and denying re: (129 in 1:04-cv-05424-SAS, 1660 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment, filed by ExxonMobil Chemical Company, Inc. Exxon Mobil Corporation, for the reasons stated further in this document. The Clerk of the Court is directed to close this motion (docket #1660). (Signed by Judge Shira A. Scheindlin on 5/7/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS Copies sent by chambers.(cd) Modified on 5/8/2008 (ae).
May 7, 20081815Court Opinion or Order OPINION & ORDER #96041 denying defendants motions in limine seeking to exclude that portion of Reynolds' testimony that requires economic analysis or forecasting, and all of Huggins testimony. For the reasons stated in this Order, defendants' motions in limine are denied and are hereby closed. (Signed by Judge Shira A. Scheindlin on 5/7/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-05424-SAS Copies sent by chambers.(cd) Modified on 5/8/2008 (ae).
May 7, 20081818MOTION to Dismiss without prejudice. Document filed by Dawn Abrahamson, Diane Abrahamson, Lennert M. Abrahamson, Brenda Abrahamson.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd)
May 7, 20081819MOTION to Dismiss without prejudice. Document filed by City of Roseville.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04971-SAS(cd)
May 7, 20081820MOTION to Dismiss Without Prejudice. Document filed by Sacramento Goundwater Authority.(cd)
May 7, 20081821MOTION to Dismiss Without Prejudice. Document filed by Sacramento County Water Agency, Sacramento Suburban Water District, San Juan Water District, City of Sacramento.(cd)
May 7, 2008 ***DELETED DOCUMENT. Deleted document number 1814 OPINION AND ORDER. The document was incorrectly filed in this case. (jpo)
May 8, 20081817Court Opinion or Order ORDER GRANTING MODIFIED RULE III.H REQUIREMENT FOR DEFENDANTS' SUPPLEMENTAL BRIEFING IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT BASED ON THE STATUTE OF LIMITATIONS; Defendants' unopposed request to modify the requirements of Rule III.H of the Court's Individual Rules and Procedures for their upcoming supplemental brief supporting their Motion for Summary Judgment based on Statute of Limitations is hereby GRANTED. Notwithstanding the requirements of Rule III.H, Defendants may serve up to forty-five (45) exhibits relating to specific gasoline stations, and no more than ten (10) exhibits not related to specific stations. Defendants intend to comply with Rule III.H. in the following respects: first, Defendants will submit no more than five (5) affidavits. Such affidavits will be no more than ten (10) pages, double-spaced; and second, each exhibit, whether related to a specific station or not, will be no more than fifteen (15) pages. (Signed by Judge Shira A. Scheindlin on 5/8/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(ae)
May 8, 20081823MOTION for determination of a good faith settlement (attached are documents in support) (Binder 1 and accompanied with Binder 2, the settlement agreement, with exhibits). Document filed by Atlantic Richfield Company, Motiva Enterprises, LLC, BP Products North America, Inc., ConocoPhillips Company, Shell Oil Company, BP West Coast LLC, TMR Company, Chevron U.S.A., Inc., BP Amoco Chemical Company, Inc. et al.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
May 9, 20081822Court Opinion or Order ORDER OF DISMISSAL WITHOUT PREJUDICE: The Court, hereby dismisses without prejudice the claims of the individual listed on Exhibit A herein against Defendant TOTAL PETROCHEMICALS USA, INC. (Signed by Judge Shira A. Scheindlin on 5/9/08) (tro)
May 12, 20081824Court Opinion or Order ORDER OF DISMISSAL WITHOUT PREJUDICE, the claims of the individuals listed on Exhibit A (attached) against defendant Total Petrochemicals USA. (Signed by Judge Shira A. Scheindlin on 5/12/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd)
May 12, 20081825Court Opinion or Order ORDER OF DISMISSAL WITHOUT PREJUDICE, the Court hereby dismisses without prejudice the claims of the individuals listed on Exhibit A against defendant Total Petrochemicals USA, Inc.(accompanied with a Stipulation of Dismissal) (Signed by Judge Shira A. Scheindlin on 5/12/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd)
May 12, 20081828SUPPLEMENTAL MEMORANDUM/BRIEF OF LAW in Support re: (35 in 1:04-cv-04968-SAS, 1778 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, Inc., BP Products North America, Inc., BP West Coast LLC (Doe 3). Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
May 12, 20081829DECLARATION of Scott Listar in Support re: (52 in 1:04-cv-04968-SAS, 1828 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Support of Motion,. Document filed by Atlantic Richfield Company, Inc., BP Products North America, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
May 12, 20081830SUPPLEMENTAL DECLARATION of James Feinstein in Support re: (52 in 1:04-cv-04968-SAS, 1828 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Support of Motion,. Document filed by Atlantic Richfield Company, Inc., BP Products North America, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
May 12, 20081831COUNTER STATEMENT TO (30 in 1:04-cv-04968-SAS, 1773 in 1:00-cv-01898-SAS-DCF) Rule 56.1 Statement. Document filed by Atlantic Richfield Company, Inc., BP Products North America, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
May 13, 20081826Court Opinion or Order OPINION & ORDER # 96057 defendants' motions are denied in part an granted in part. The Clerk of the Court is directed to close these motions (docket ##1554, 1619, 1624, 1629, 1640, 1656) (Signed by Judge Shira A. Scheindlin on 5/13/08) (Attachments: # 1 Exhibit, # 2 Exhibit)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS Copies sent by chambers.(cd)
May 13, 20081832NOTICE of Voluntary Dismissal without prejudice pursuant to Rule 41(a)(1)(i) of the F.R.C.P. as to defendant Marathon Oil Corporation, with each party to bear its own attorney's fees and costs. (Signed by Judge Shira A. Scheindlin on 5/13/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
May 13, 20081840Court Opinion or Order AGREED ORDER OF DISMISSAL OF ASHLAND, INC.: Plaintiff and Defendant Ashland, Inc. agree to the dismissal and that such dismissal is without prejudice, with each party to bear its own attorney's fees and costs. (Signed by Judge Shira A. Scheindlin on 5/13/08) (tro)
May 14, 20081839ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Tracy O'Reilly dated 5/13/08 re: Request for a short extension of time to 5/16/08, for plaintiffs to submit additional deposition designations pursuant to Case Management Order #35. ENDORSEMENT: Plaintiffs may submit deposition designations by 5/16/08. Other deadlines in CMO #35 are modified as follows: defendants' deadline to submit objections to plaintiffs' designations and counter-designations: 6/13/08. Plaintiffs' deadline to submit objections to defendants' counter-designations: 7/7/08. (Signed by Judge Shira A. Scheindlin on 5/14/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
May 16, 20081833MEMORANDUM OF LAW in Opposition tp Defemdamts' Motion for a More Definite Statement pursuant to FRCP 12(e). Document filed by plaintiffs New Jersey Dep't of Environmental Protection et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
May 16, 20081834MEMORANDUM OF LAW in Opposition to Defendants' motion for a More Definite Statement pursuant to FRCP 12(e). Document filed by Commonwealth of Puerto Rico et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
May 16, 20081835MEMORANDUM OF LAW in Opposition to Defendants' Motion to Dismiss Count VI and Response to Defendants' Motion to Strike Plaintiff's Demand for Exemplary Damages. Document filed by Commonwealth of Puerto Rico et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
May 16, 20081836TRANSCRIPT of proceedings held on 5/9/08 before Judge Shira A. Scheindlin. (cd)
May 16, 20081837MOTION to Approve Settlements for Minor Children. Document filed by Dawn Abrahamson, Diane Abrahamson, Lennert M. Abrahamson, Brenda Abrahamson.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd)
May 20, 20081838Court Opinion or Order ORDER: Defendant's motion is granted. The Clerk of the Court is directed to close this motion (docket #1755).(Signed by Judge Shira A. Scheindlin on 5/20/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(jfe)
May 20, 20081841MOTION to Dismiss, pursuant to FRCP 12(b)(1) for lack of subject matter jurisdiction. Document filed by Exxon Mobil Corporation et al.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00278-LAP(cd)
May 20, 20081842MEMORANDUM OF LAW in Support re: (2 in 1:08-cv-00278-LAP, 1841 in 1:00-cv-01898-SAS-DCF) MOTION to Dismiss. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00278-LAP(cd)
May 20, 20081844NOTICE OF CHANGE OF ADDRESS by Christopher J. Garvey on behalf of Gulf Oil Limited Partnership. New Address: Goodwin Procter LLP, The New York Times Building, 620 8th Avenue, NY, NY, 10018-1405, (212)813-8800. (cd)
May 20, 20081845Court Opinion or Order AGREED ORDER OF DISMISSAL OF MOBIL CORPORATION AND EXXON MOBIL CORPORATION F/K/A EXXON CORPORATION, the Quattrocchi plaintiffs hereby dismiss with prejudice all claims against the ExxonMobil defendants, with each party to bear its own attorney's fees and costs. (Signed by Judge Shira A. Scheindlin on 5/19/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
May 22, 20081843MOTION for Reconsideration re; (201 in 1:04-cv-05424-SAS) Memorandum & Opinion,. Document filed by County of Suffolk.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
May 27, 20081846Court Opinion or Order STIPULATION AND ORDER DISMISSING WITHOUT PREJUDICE THE TOWN OF HIGHLANDS' COUNTERCLAIMS AGAINST SUNOCO, INC AND SUNOCO, INC. (R&M), with each party to bear its own attorneys' fees and costs. (Signed by Judge Shira A. Scheindlin on 5/27/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
May 27, 20081847Court Opinion or Order ORDER APPROVING ESCROW ACCOUNT AND AMENDING APPOINTMENT OF SPECIAL SETTLEMENT MASTER, this Court's Order dated 3/12/07 appointing David Geronemus as the Special Settlement master in MDL 1358 is hereby amended to include among the Special Settlement Master's responsibilities the tasks given to him under the Settlement Agreement and the Escrow Agreement, namely (1) holding in confidence the chart of the amounts of the allocation of settlement costs agreed to among Settling Defendants, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 5/27/08) (cd)
May 27, 20081848Court Opinion or Order ORDER OF DISMISSAL WITHOUT PREJUDICE, the Court hereby dismisses without prejudice the claims of the plaintiffs listed on the attached Exhibit A, with each party bearing its own costs. (Signed by Judge Shira A. Scheindlin on 5/27/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd)
May 27, 20081866MOTION for Joinder in Non-Settling Defendants' Motion for Discovery in Aid of Good Faith Settlement Evaluation. Document filed by 7-Eleven.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(cd)
May 30, 20081854Master Answer and Affirmative Defenses to Complaint. Document filed by Lukoil Americas Corporation.(cd)
May 30, 20081855RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Lukoil Oil Company as Corporate Parent. Document filed by Lukoil Americas Corporation.(cd)
May 30, 20081856AMENDED MASTER ANSWER and AFFIRMATIVE DEFENSES to Complaint. Document filed by Getty Petroleum Marketing Inc.(cd)
May 30, 20081860MOTION to Certify The Court's 5/13/08 Opinion and Order for Interlocutory Appeal. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
May 30, 20081861MEMORANDUM OF LAW in Support re: (208 in 1:04-cv-05424-SAS, 1860 in 1:00-cv-01898-SAS-DCF) MOTION. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
May 30, 20081867MOTION for Reconsideration re; (1826 in 1:00-cv-01898-SAS-DCF, 204 in 1:04-cv-05424-SAS) Memorandum & Opinion,. Document filed by Getty Properties Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
May 30, 20081868AFFIDAVIT of John McGahren in Support re: (1867 in 1:00-cv-01898-SAS-DCF, 212 in 1:04-cv-05424-SAS) MOTION for Reconsideration re; (1826 in 1:00-cv-01898-SAS-DCF, 204 in 1:04-cv-05424-SAS) Memorandum & Opinion,.. Document filed by Getty Properties Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
May 30, 20081869MEMORANDUM OF LAW in Support re: (1867 in 1:00-cv-01898-SAS-DCF, 212 in 1:04-cv-05424-SAS) MOTION for Reconsideration re; (1826 in 1:00-cv-01898-SAS-DCF, 204 in 1:04-cv-05424-SAS) Memorandum & Opinion,.. Document filed by Getty Properties Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
June 2, 20081849Court Opinion or Order STIPULATION AND ORDER Extending Time for Rosemore Inc to Answer Or Otherwise Respond to Complaint, the time to answer the complaint is hereby extended to and including 8/1/08 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 6/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
June 2, 20081857REPLY MEMORANDUM OF LAW in Support re: (7 in 1:07-cv-10470-SAS) MOTION to Dismiss. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
June 2, 20081859REPLY MEMORANDUM OF LAW in Support re: (5 in 1:07-cv-10470-SAS) MOTION for More Definite Statement. Document filed by Shell Oil Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
June 2, 20081863MEMORANDUM OF LAW in Opposition re: (210 in 1:04-cv-05424-SAS, 1862 in 1:00-cv-01898-SAS-DCF) MOTION for Reconsideration. Document filed by Lyondell Chemical Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
June 2, 20081870REPLY To Defendants' Second Supplemental Brief Re Statute of Limitations. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
June 2, 20081871DECLARATION of Marcel Moreau in Support re: (1870 in 1:00-cv-01898-SAS-DCF, 57 in 1:04-cv-04968-SAS) Reply. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
June 2, 20081872SECOND SUPPLEMENTAL DECLARATION of David Bolin re: (1870 in 1:00-cv-01898-SAS-DCF, 57 in 1:04-cv-04968-SAS) Reply. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
June 3, 20081862MOTION for Reconsideration and Clarification Re William S. Cain. Document filed by County of Suffolk.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
June 3, 20081864REPLY MEMORANDUM OF LAW in Support re: (30 in 1:04-cv-04970-SAS, 26 in 1:04-cv-02053-SAS, 15 in 1:04-cv-04969-SAS, 50 in 1:04-cv-04972-SAS, 17 in 1:04-cv-04974-SAS, 13 in 1:04-cv-04975-SAS, 1823 in 1:00-cv-01898-SAS-DCF) MOTION For determination ofa good faith settlement. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
June 3, 20081865DECLARATION of Stephen Riccardulli in Support re: (16 in 1:04-cv-04969-SAS, 31 in 1:04-cv-04970-SAS, 14 in 1:04-cv-04975-SAS, 51 in 1:04-cv-04972-SAS, 18 in 1:04-cv-04974-SAS, 1864 in 1:00-cv-01898-SAS-DCF, 27 in 1:04-cv-02053-SAS) Reply Memorandum of Law in Support of Motion,. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
June 4, 20081850CASE MANAGEMENT PLAN #38: the pretrial deadlines in Case Management Order #37 do not apply to the Settling Defendants, and that pretrial deadlines for the Settling Defendants in the County of Suffolk case may be set in a subsequent order if and when necessary, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 6/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
June 4, 20081851Court Opinion or Order ORDER APPROVING PETITION FOR APPROVAL OF SETTLEMENT FOR MINOR CHILDREN; that the Petition for Court Approval of Settlements for Minor Children identified in Exhibit "A" is hereby approved. (Signed by Judge Shira A. Scheindlin on 6/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(pl) Modified on 6/4/2008 (pl). Modified on 6/10/2008 (pl).
June 4, 20081852Court Opinion or Order ORDER; that Gettys motion for reconsideration is therefore denied. (Signed by Judge Shira A. Scheindlin on 6/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(pl) Modified on 6/10/2008 (pl).
June 4, 20081874Supplement to Plaintiffs' Petition For Court Approval Of Settlement For Minor Children. Document filed by Dawn Abrahamson, Diane Abrahamson, Brenda Abrahamson. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd)
June 5, 20081853Court Opinion or Order OPINION and ORDER #96113. Defendants' motion to exclude Langer's expert testimony is granted. The Clerk of the Court is directed to close this motion (docket #1753) (Signed by Judge Shira A. Scheindlin on 6/4/08) (djc) Modified on 6/5/2008 (djc). Modified on 6/6/2008 (tro).
June 5, 20081858Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE, INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: The time for Rosemore, Inc. to answer or otherwise respond to the Complaint is hereby extended to and including 8/1/08. (Signed by Judge Shira A. Scheindlin on 6/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(tro)
June 5, 20081873MEMORANDUM OF LAW in Opposition re: (208 in 1:04-cv-05424-SAS, 1860 in 1:00-cv-01898-SAS-DCF) MOTION.. Document filed by County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
June 9, 20081875Court Opinion or Order STIPULATION AND ORDER, that the time for Chevron to file a response to the complaint shall be extended to 8/8/08. Chevrontexaco Corporation answer due 8/8/2008. (Signed by Judge Shira A. Scheindlin on 6/6/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
June 9, 20081876Court Opinion or Order ADDENDUM TO CASE MANAGEMENT ORDER #38, Lyondell Chemical Company and Equistar Chemicals, LP are included in the list of Settling Defendants under Case Management Order No. 38 (re 04-5424). (Signed by Judge Shira A. Scheindlin on 6/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
June 9, 20081877Court Opinion or Order STIPULATION AND ORDER that the deadline for Chevron to file any reponse to the complaint shall be extended to 8/8/08 (re 08-312). (Signed by Judge Shira A. Scheindlin on 6/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
June 9, 20081878MOTION for Reconsideration and Clarification Re William S. Cain, PH.D. Document filed by Dave Tonneson, Robert Basso.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
June 10, 20081879Court Opinion or Order ORDER OF DISMISSAL WITHOUT PREJUDICE, the Court hereby dismisses without prejudice the "threatened well" claims of City of Roseville, with each party bearing its own costs. Such dismissal is granted on the condition that Plaintiff will not assert claims against any Defendant unless and until any one of the listed conditions occurs, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 6/10/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04971-SAS(cd)
June 10, 20081880Court Opinion or Order ORDER OF DISMISSAL WITHOUT PREJUDICE, the Court hereby dismisses without prejudice the 'threatened well" claims of City of Sacramento, Sacremento County Water Agency, Sacramento Suburban Water District, and San Juan Water district, with each party bearing its own costs. Such dismissal is granted on the condition that Plaintiffs will not assert claims against any Defendant unless and until any one of the listed conditions occurs, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 6/10/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(cd)
June 10, 20081881Court Opinion or Order ORDER OF DISMISSAL WITHOUT PREJUDICE, the Court hereby dismisses without prejudice the "threatened well" claims of Sacramento Groundwater Authority, with each party bearing its own costs. Such dismissal is granted on the condition that Plaintiff will not assert claims against any Defendant unless and until any one of the listed conditions occurs, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 6/10/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(cd)
June 10, 20081882Court Opinion or Order ORDER re the City's motion to compel that is currently pending before Special Master Warner: that with consent of both the City and the Shell Defendants, the Court hereby ORDERS that the request by the Shell Defendants for relief from the deadlines in CMO 26 be referred to Special Master Warner pursuant to FRCP 72(a) for disposition in the course of resolving the City's motion to compel. Special Master Warner is hereby authorized to consider the Shell Defendants' request on its merits. (Signed by Judge Shira A. Scheindlin on 6/10/08) (cd)
June 12, 20081883Court Opinion or Order OPINION AND ORDER # 96132: For the reasons described herein, ExxonMobil's motion is denied, except as noted herein. (Signed by Judge Shira A. Scheindlin on 6/11/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo) Modified on 6/13/2008 (rw).
June 12, 20081884Court Opinion or Order ORDER ADMITTING ATTORNEY Allyson T. Sakai PRO HAC VICE on behalf of Tesoro in this action upon the deposit of the required $25 fee per applicant to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 6/12/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
June 12, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (1884 in 1:00-cv-01898-SAS-DCF, 60 in 1:04-cv-04968-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
June 12, 20081885REPLY MEMORANDUM OF LAW in Support re: (208 in 1:04-cv-05424-SAS, 1860 in 1:00-cv-01898-SAS-DCF) MOTION. Document filed by ExxonMobil Oil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
June 16, 20081887MEMORANDUM OF LAW in Opposition to defendants' motion for summary judgment dismissing certain plaintiffs' claims for lost profits on the development of real estate. Document filed by Dave Tonneson, Hudson Highlands Reality Restorations, LTD. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd)
June 16, 20081888RULE 56.1 STATEMENT in opposition to defendants' motion for summary judgment dismissing certain plaintiffs' claims for lost profits on the development of real estate. Document filed by Dave Tonneson, Hudson Highlands Reality Restorations, LTD. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd)
June 16, 20081889DECLARATION of Dave Tonneson in Support re: (64 in 1:03-cv-08248-SAS, 1887 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition,. Document filed by Dave Tonneson. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd)
June 16, 20081890DECLARATION of Maria Mekeel in Support re: (64 in 1:03-cv-08248-SAS, 1887 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition,. Document filed by Dave Tonneson. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd)
June 16, 20081891DECLARATION of Tracey O'Reilly in Support re: (64 in 1:03-cv-08248-SAS, 1887 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition,. Document filed by Dave Tonneson. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd)
June 17, 20081886Court Opinion or Order CASE MANAGEMENT ORDER #39; (Pre-Trial Deadlines): That the pre-trial deadlines in Case Management Order #37 do not apply to the Settling Defendants, and that the pre-trial deadlines for the Settling Defendants in the County of Suffolk case may be set in the subsequent order if and when necessary. For the purposes of this order, the Settling Defendants are as follows: Crown Central LLC, successor by merger to Crown Central Petroleum Corporation; Irving Oil Limited; Irving Oil Corporation; Giant Yorktown, Inc.; and Total Petrochemicals USWA, Inc. (Signed by Judge Shira A. Scheindlin on 6/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(pl)
June 18, 2008 CASHIERS OFFICE REMARK on 1884 Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 06/16/2008, Receipt Number 654157. (jd)
June 18, 20081892TRANSCRIPT of proceedings held on 6/12/08 before Judge Shira A. Scheindlin. (ama)
June 18, 20081893Court Opinion or Order OPINION #96150 AND ORDER that ExxonMobil's motion for certification for interlocutory appeal is therefore denied. The Clerk of the Court is directed to close this motion (docket #1860) re: (208 in 1:04-cv-05424-SAS, 1860 in 1:00-cv-01898-SAS-DCF) MOTION, filed by Exxon Mobil Corporation. (Signed by Judge Shira A. Scheindlin on 6/18/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS Copies sent by chambers(cd)
June 19, 20081894STIPULATION TO EXTEND PLAINTIFF'S TIME TO RESPOND TO CERTAIN DEFENDANTS' MOTION TO DISMISS PURSUANT TO 12(b)(l) FOR WANT OF SUBJECT MATTER JURISDICTION: It is hereby stipulated and agreed by and between Plaintiff and the Moving Defendants that Plaintiff's time to respond to Defendants' Motion to Dismiss is extended to June 24, 2008 and Moving Defendants shall serve their reply by July 2, 2008. (Signed by Judge Shira A. Scheindlin on 6/18/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00278-SAS(jpo)
June 23, 20081898MEMORANDUM OF LAW in Opposition re: (30 in 1:04-cv-04970-SAS, 26 in 1:04-cv-02053-SAS, 15 in 1:04-cv-04969-SAS, 50 in 1:04-cv-04972-SAS, 17 in 1:04-cv-04974-SAS, 13 in 1:04-cv-04975-SAS, 1823 in 1:00-cv-01898-SAS-DCF) MOTION For determination of a good faith settlement. (53 in 1:04-cv-04972-SAS) MOTION for Joinder.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
June 24, 20081896Court Opinion or Order ORDER: For the reasons stated herein, plaintiffs' motion for reconsideration is denied in part and granted in part. The Clerk of the Court is directed to close this motion (docket# 1878). (Signed by Judge Shira A. Scheindlin on 6/24/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(jpo) (jpo).
June 24, 20081899REPLY MEMORANDUM OF LAW in Support of their motion for summary judgment dismissing certain plaintiffs' claims for lost profits on the development of real estate. Document filed by Sunoco, Inc., Sunoco (R&M). Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd)
June 24, 20081900REPLY AFFIDAVIT of Paula Schauwecker in Support re: (1899 in 1:00-cv-01898-SAS-DCF, 70 in 1:03-cv-08248-SAS) Reply Memorandum of Law in Support,. Document filed by Sunoco, Inc. Sunoco (R&M). Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd)
June 24, 20081901RULE 56.1 STATEMENT in further support of motion for summary judgment dismissing the claims of certain plaintiffs for lost profits on the development of real estate. Document filed by Sunoco, Inc., Sunoco (R&M). Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd)
June 25, 20081895Court Opinion or Order AMENDMENT TO CASE MANAGEMENT ORDERS #38 and #39: Getty Petroleum Marketing Inc. is included in the list of settling defendants under case management order no. 38 and 39. (Signed by Judge Shira A. Scheindlin on 6/24/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(jpo)
June 25, 20081897Court Opinion or Order ORDER: Plaintiffs' motion is denied in part and granted in part. The Clerk of the Court is directed to close this motion (docket # 1843 and 1862). (Signed by Judge Shira A. Scheindlin on 6/24/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(jpo)
June 26, 20081902Court Opinion or Order OPINION & ORDER #96172, plaintiffs' motion is denied in part and and granted in part. The Clerk of the Court is directed to close this motion (docket ##1843 and 1862). (Signed by Judge Shira A. Scheindlin on 6/24/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS Copies sent by chambers.(cd)
June 27, 20081903MEMORANDUM OF LAW re New York Law Regarding Allocation of Fault Among Multiple Defendants. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
June 27, 20081904MOTION for Summary Judgment pursuant to FRCP 56. Document filed by Getty Properties Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
June 27, 20081905RULE 56.1 STATEMENT. Document filed by Getty Properties Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
June 27, 20081906DECLARATION of John McGahren in Support re: (224 in 1:04-cv-05424-SAS, 1904 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Document filed by Getty Properties Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
June 27, 20081907MEMORANDUM OF LAW in Support re: (224 in 1:04-cv-05424-SAS, 1904 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Document filed by Getty Properties Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 1, 20081908Court Opinion or Order OPINION AND ORDER #96197, re: (1758 in 1:00-cv-01898-SAS-DCF, 44 in 1:03-cv-09050-SAS) MOTION in Limine filed by Sunoco, Inc., Exxon Mobil Corporation, Sunoco (R&M). Defendants' motion is denied in part and granted in part. The Clerk of the Court is directed to close this motion (docket #1758). (Signed by Judge Shira A. Scheindlin on 7/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(tro) Modified on 7/3/2008 (pl).
July 1, 20081909DECLARATION of John McGahren in Support re: (224 in 1:04-cv-05424-SAS, 1904 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Document filed by Getty Properties Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 2, 20081911AFFIRMATION of Stephen Riccardulli in Support re: (2 in 1:08-cv-00278-SAS, 1841 in 1:00-cv-01898-SAS-DCF) MOTION to Dismiss. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00278-SAS(cd)
July 2, 20081912REPLY MEMORANDUM OF LAW in Support re: (2 in 1:08-cv-00278-SAS, 1841 in 1:00-cv-01898-SAS-DCF) MOTION to Dismiss. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00278-SAS(cd)
July 3, 20081910Court Opinion or Order ORDER ADMITTING ATTORNEY Beth L. Haas and John J. DiChello of Blank Rome LLP PRO HAC VICE for defendants Lyondell Chemical and Equistar Chemicals. (Signed by Judge Shira A. Scheindlin on 7/3/08) (cd)
July 3, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: 1910 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
July 8, 20081913Court Opinion or Order OPINION & ORDER 96213: that defendants' motion to dismiss the CERCLA claim is denied. Defendants' motion for a more definite statement is granted in part and denied in part. The Clerk of the Court is directed to close these motions (docket #1796) re: (1796 in 1:00-cv-01898-SAS-DCF) MOTION for More Definite Statement, filed by Exxon Mobil Corporation, (5 in 1:07-cv-10470-SAS) MOTION for More Definite Statement, filed by ExxonMobil Corporation. (Signed by Judge Shira A. Scheindlin on 7/7/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS Copies sent by chambers.(cd)
July 8, 20081914DECLARATION of Scott Summy re: (20 in 1:04-cv-04974-SAS, 18 in 1:04-cv-04969-SAS, 1883 in 1:00-cv-01898-SAS-DCF, 16 in 1:04-cv-04975-SAS, 33 in 1:04-cv-04970-SAS, 56 in 1:04-cv-04972-SAS) Memorandum & Opinion. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
July 14, 20081916MEMORANDUM OF LAW in Opposition To Exxonmobil's Motion In Limine to Preclude Plantiff from Introducing Evidence or argument about defendants lobbying the Government. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 15, 2008 CASHIERS OFFICE REMARK on 1910 Order Admitting Attorney Pro Hac Vice in the amount of $50.00, paid on 07/07/2008, Receipt Number 655883. (jd)
July 15, 20081917MEMORANDUM OF LAW in Support of plaintiff's motion in limine to exclude documents not previously produced in discovery. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 15, 20081918MEMORANDUM OF LAW in Opposition To Exxonmobil's motion in limine to preclude evidence regarding trade-association activities until and unless plaintiffs establish predicate facts.. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 16, 20081915Court Opinion or Order OPINION AND ORDER # 96246: that for the reasons above, defendants' motion for summary judgment is denied. The Clerk of the Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 7/16/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS Copies sent by chambers.(cd) Modified on 7/17/2008 (rw).
July 16, 20081919MEMORANDUM OF LAW in Opposition To Exxonmobil's Motion in Limine to Preclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 16, 20081920DECLARATION of Robin Greenwald in Support re: (233 in 1:04-cv-05424-SAS, 1919 in 1:00-cv-01898-SAS-DCF) Memorandum of Law in Opposition,. Document filed by Suffolk County Water Authority, County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 16, 20081921Objections to Plaintiff's "July 1st Exhibit List". Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 18, 20081945REPLY to defendants' opposition to plaintiffs' Memorandum of law regarding allocation of fault among multiple defendants. Document filed by County of Suffolk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 21, 20081922MEMORANDUM OF LAW in Opposition re: 1904 MOTION for Summary Judgment.. Document filed by Getty Petroleum Marketing Inc.. (Harrington, William)
July 21, 20081923DECLARATION of Joseph Guarino in Opposition re: 1904 MOTION for Summary Judgment.. Document filed by Getty Petroleum Marketing Inc.. (Harrington, William)
July 21, 20081924DECLARATION of Paul J. Stendardi in Opposition re: 1904 MOTION for Summary Judgment.. Document filed by Getty Petroleum Marketing Inc.. (Harrington, William)
July 21, 20081925DECLARATION of William P. Harrington in Opposition re: 1904 MOTION for Summary Judgment.. Document filed by Getty Petroleum Marketing Inc.. (Attachments: # 1 Exhibit Exhibits 1 - 2, # 2 Exhibit Exhibits 3 - 5, # 3 Exhibit Exhibits 6-8, # 4 Exhibit Exhibit 9, # 5 Exhibit Exhibits 10-11, # 6 Exhibit Exhibit 12, # 7 Exhibit Exhibits 13-15)(Harrington, William)
July 21, 20081926COUNTER STATEMENT TO 1905 Rule 56.1 Statement. Document filed by Getty Petroleum Marketing Inc.. (Harrington, William)
July 22, 20081927Court Opinion or Order OPINION AND ORDER # 96275: For the reasons discussed herein, the motion of the settling defendants is granted. The Clerk of the Court is directed to enter final judgment dismissing the claims against the settling defendants (as listed in Exhibits A and B attached to this Opinion and Order) in each of these actions. (Signed by Judge Shira A. Scheindlin on 7/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04969-SAS, 1:04-cv-04970-SAS, 1:04-cv-04972-SAS, 1:04-cv-04974-SAS, 1:04-cv-04975-SAS, 1:04-cv-02053-SAS. (tro) Modified on 7/25/2008 (rw).
July 22, 2008 Transmission to Judgments and Orders Clerk. Transmitted re: (21 in 1:04-cv-04969-SAS, 36 in 1:04-cv-04970-SAS, 1927 in 1:00-cv-01898-SAS-DCF, 59 in 1:04-cv-04972-SAS) Memorandum & Opinion, (20 in 1:04-cv-04974-SAS) Memorandum & Opinion, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04969-SAS, 1:04-cv-04970-SAS, 1:04-cv-04972-SAS, 1:04-cv-04974-SAS(tro)
July 23, 20081928Court Opinion or Order RULE 41(a)(2) ORDER OF DISMISSAL; Pursuant to FRCP 41(a)(2), and in accordance with the stipulation of dismissal agreed to on the record by counsel for the plaintiff, Village of Island Lake, and counsel for defendant Exxon Mobil Corporation, at the July 9, 2008 hearing, the plaintiff's claims for threatened MTBE and/or TBA contamination as to five wells that have never contained any MTBE and/or TBA contamination are hereby dismissed w/out prejudice. Any future claims for alleged contamination to those five wells may only be filed in accordance with the stipulation agreed to on the record by the parties at the July 9, 2008, hearing. (Signed by Judge Shira A. Scheindlin on 7/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(ae)
July 23, 20081930Court Opinion or Order ORDER granting 1807 Motion for Stephen C. Dillard to Appear Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 7/22/08) (js)
July 23, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: 1930 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
July 23, 20081931Court Opinion or Order ORDER granting 1808 Motion for Brett Young to Appear Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 7/22/08) (js)
July 23, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: 1931 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
July 23, 20081935REPLY To Plaintiffs' Memorandum of Law in Opposition to ExxonMobil's Motion In Limine To Preclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 25, 20081929FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF APPEARANCE by Matthew Gerard Parisi on behalf of Getty Petroleum Marketing Inc. (Parisi, Matthew) Modified on 7/28/2008 (db).
July 25, 20081932TRANSCRIPT of proceedings held on 7/03/08 before Judge Shira A. Scheindlin. (ama)
July 25, 20081933TRANSCRIPT of proceedings held on 7/03/08 before Judge Shira A. Scheindlin. (ama)
July 28, 20081934TRANSCRIPT of proceedings held on 7/9/08 before Judge Shira A. Scheindlin. (cd)
July 28, 20081936CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated July 22, 2008, the motion of the settling defendants is granted and final judgment is entered dismissing the claims against the settling defendants (as listed in Exhibits A and B attached to the Opinion and Order dated July 22, 2008) in each of these actions. (Signed by J. Michael McMahon, Clerk on 7/28/08) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(ml)
July 28, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Matthew Gerard Parisi to MANUALLY RE-FILE Document Notice of Appearance, Document No. 1929. This case is not ECF. (db)
July 28, 20081937Objections to Plaintiff's Revised Exhibit List. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 29, 20081938Court Opinion or Order STIPULATION AND ORDER, that the deadline for Chevron to file any responsive pleading shall be extended to 10/1/08. Chevrontexaco Corporation answer due 10/1/2008. (Signed by Judge Shira A. Scheindlin on 7/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
July 29, 20081939Court Opinion or Order STIPULATION AND ORDER, that the deadline for Chevron to file any responsive pleading shall be extended to 10/1/08. Chevrontexaco Corporation answer due 10/1/2008. (Signed by Judge Shira A. Scheindlin on 7/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
July 29, 20081943JUDGMENT That for the reasons stated in the Court's Opinion and Order dated July 22, 2008, the motion of the settling defendants is granted and final judgment is entered dismissing the claims against the settling defendants (as listed in Exhibits A and B attached to the Opinion and Order dated July 22, 2008) in each of these actions.. (Signed by Judge Shira A. Scheindlin on 7/29/08) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(ml)
July 29, 20081944REPLY MEMORANDUM OF LAW in Support of its Motion in Limine to Preclude Plaintiffs from Introducing Evidence or Argument about defendants lobbying the government and in reply to plaintiffs' opposition to that motion. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 29, 20081946MEMORANDUM OF LAW in Opposition to certain defendants' motion for determination of good faith settlement. Document filed by Quincy Community Services District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
July 29, 20081947DECLARATION of M. Florence in Support re: (1946 in 1:00-cv-01898-SAS-DCF, 40 in 1:04-cv-04970-SAS) Memorandum of Law in Opposition. Document filed by Quincy Community Services District. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
July 29, 20081948RESPONSE To Getty Petroleum Marketing Rule 56.1 statement of additional facts. Document filed by Getty Properties Corp. (cd)
July 29, 20081949REPLY MEMORANDUM OF LAW in Support re: 1904 MOTION for Summary Judgment.. Document filed by Getty Properties Corp. (cd)
July 29, 20081950SUPPLEMENTAL DECLARATION of John McGahren in Support re: 1904 MOTION for Summary Judgment. Document filed by Getty Properties Corp. (cd)
July 30, 20081940AMENDMENT TO CASE MANAGEMENT NO. 37 that the deadlines for completion of pretrial disclosures set forth in Case Management Order No. 37 are hereby vacated. New deadlines for completion of pretrial disclosures specific to County of Suffolk et al v Amerada Hess will be established by the Court and the parties and set forth in a subsequent Case Management Order at a time deemed appropriate by the Court. (Signed by Judge Shira A. Scheindlin on 7/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 30, 20081941AMENDMENT TO CASE MANAGEMENT NO. 37, the deadlines for completion of pretrial disclosures set forth in Case Management Order No. 37 are hereby vacated. New deadlines for completion of pretrial disclosures specific to County of Suffolk et al v Amerada Hess et al will be be established by the Court and the parties set forth in a subsequent Case Management Order at a time deemed appropriate by the Court. (Signed by Judge Shira A. Scheindlin on 7/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
July 30, 20081942Court Opinion or Order AMENDED OPINION AND ORDER #96275, the Opinion and Order in these cases dated 7/22/08 (doc #1927) is hereby vacated and replaced with this Amended Opinion and Order. For the reasons discussed above, the motion of the settling defendants is granted. Further, pursuant to FRCP 54(b), the Court finds that there is no just reason to delay the entry of judgment. The Clerk of the Court is directed to enter a final judgment dismissing the claims against the settling defendnats (as listed in Exhibit A and B attached to this Opinion and Order) in each of these actions. (Signed by Judge Shira A. Scheindlin on 7/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al. Copies sent by chambers.(cd) Modified on 8/1/2008 (pl).
July 30, 2008 Transmission to Judgments and Orders Clerk. Transmitted re: (21 in 1:04-cv-04975-SAS, 25 in 1:04-cv-04974-SAS, 34 in 1:04-cv-02053-SAS, 38 in 1:04-cv-04970-SAS, 61 in 1:04-cv-04972-SAS, 1942 in 1:00-cv-01898-SAS-DCF, 23 in 1:04-cv-04969-SAS) Memorandum & Opinion,,, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
August 4, 20081951Court Opinion or Order OPINION AND ORDER # 96328, that defendants motion for a more definite statement, pursuant to FRCP 12(e) is granted in part and denied in part. The Clerk of the Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 8/4/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS Copies sent by chambers.(cd) Modified on 8/5/2008 (rw).
August 4, 20081952TRANSCRIPT of proceedings held on 7/10/08 before Judge Shira A. Scheindlin. (cd)
August 6, 20081953Court Opinion or Order OPINION AND ORDER #96342 for the reasons stated above, Getty Properties' motion for summary judgment is denied. The Clerk of the Court is directed to close this motion (dockete #1904 in the Master File, #224 in the Individual Case file) re: (1904 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment, filed by Getty Properties Corp., Getty Properties Corporation. (Signed by Judge Shira A. Scheindlin on 8/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd) Modified on 8/7/2008 (cd).
August 11, 20081954Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Jan C. Rodriguez-Munoz for Motiva Enterprises, LLC, Equilon Enterprises LLC, Shell Oil Company and Shell Trading (US) Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 8/11/08) (js)
August 11, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: 1954 Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
August 11, 20081955Court Opinion or Order ORDER ADMITTING ATTORNEY Juan A. Marques-Diaz PRO HAC VICE for defendant Shell Oil Company, Shell Chemical Yabucoa, Inc., Shell Trading (US) Company, Equilon Enterprises, LLC, Motiva Enterprises, LLC, and The Shell Company (Puerto Rico) Limited. (Signed by Judge Shira A. Scheindlin on 8/11/08) (cd)
August 11, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: 1955 Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
August 12, 20081956Court Opinion or Order CASE MANAGEMENT ORDER #38: Parties shall serve all interrogatories in advance of settlement negotiations by 9/2/08. Responses to the interrogatories shall be served by 11/7/08. The parties will contact Special Settlement Master David Geronemus to schedule settlement negotiations for 12/08 in all appropriate cases. The parties in the City of New York case will contact the Special Settlement Master to schedule settlement negotiations in 10/08. The parties in the City of New York case will meet and confer before the next status conference to agree upon a proposed trial date. The parties in the Orange County Water District case will meet and confer by 9/2/08, to agree upon a date for the close of discovery. Counsel will meet and confer before the next status conference to select several cases as "focus cases" for the purposes of motion practice. With respect to the County of Suffolk case, counsel for plaintiffs and for defendants Getty Properties and Gulf Oil Limited Partnership shall meet and confer before the next status conference to select new wells for a bellwether trial and to agree upon a trial date. The next status conference is scheduled for 10/2/08 at 10:00 am. Status Conference set for 10/2/2008 at 10:00 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 8/12/08) (cd)
August 12, 20081957STIPULATION DISMISSING CLAIMS AGAINST DUKE ENERGY MERCHANTS, LLC, pursuant to FRCP 41(a)(2) plaintiff City of New York voluntarily dismisses all claims with prejudice against Duke Energy Merchants, with each party bearing its own attorney's fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 8/12/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
August 13, 20081958Court Opinion or Order ORDER ADMITTING ATTORNEY Elaine M. Maldonado-Matias PRO HAC VICE for Total Petroleum Puerto Rico Corporation and Total Oil. (Signed by Judge Shira A. Scheindlin on 8/13/08) (cd)
August 13, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: 1958 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
August 14, 20081959Court Opinion or Order ORDER MODIFYING CASE MANAGEMENT ORDER NO.35, see document for various discovery deadlines. ( Motions for summary judgment regarding causation due by 10/17/2008. Joint Pretrial Order due by 12/1/2008. Replies due by 11/17/2008. Responses due by 11/7/2008) Jury questionnaires due 12/10/08 (Signed by Judge Shira A. Scheindlin on 8/14/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
August 14, 20081960Court Opinion or Order ORDER that the 10/15/07 order appointing Rachel Spector as Special Master is amended as follows: pursuant to FRCP 53(a), I am appointing Seth Ard as special Master to further assist the Court. This Order is effective 9/8/08, and as further set forth in this document. Finally, this Order may be amended at any time upon notice to the parties, and an opportunity to be heard. (Signed by Judge Shira A. Scheindlin on 8/14/08) (cd)
August 18, 20081961Defendant Chevron Phillips Chemicasl Puerto Rico Core LLC f/k/a Chevron Phillips Puerto Rico Core Inc.'s List of Covered Persons Pursuant to the Court's Order for Preservation of Documents. Document filed by Chevron Phillips Chemical Company LLC. (djc)
August 25, 20081962Court Opinion or Order ORDER GRANTING ADMISSION JAN CARLOS RODRIGUEZ-MUNOZ: It is hereby ordered that Jan Carlos Rodriguez-Munoz, is admitted to practice pro hac vice. (Signed by Judge Shira A. Scheindlin on 8/22/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo)
August 25, 20081963Court Opinion or Order ORDER GRANTING ADMISSION OF JUAN A. MARQUES-DIAZ: It is hereby ordered that Juan A. Marques-Diaz, is admitted to practice pro hac vice in this action. (Signed by Judge Shira A. Scheindlin on 8/22/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo)
August 29, 20081964ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Stephen Riccardulli dated 8/29/08 re: Defendants request relief from the 9/2 discovery deadline, and request to be given until 1 week after plaintiff has served its amended complaint to propound that preliminary discovery. ENDORSEMENT: Defendants' request is granted. Defendants shall serve discovery requests within one week from the date that plaintiff serves its amended complaint. (Signed by Judge Shira A. Scheindlin on 8/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
September 3, 20081965Court Opinion or Order ORDER plaintiffs shall file an Amended Complaint no later than Monday, 9/8/08. The parties shall propound discovery in the 8/12/08, status conference, no later than Monday 9/15/08. ( Amended Pleadings due by 9/8/2008.) (Signed by Judge Shira A. Scheindlin on 9/2/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
September 3, 20081966Court Opinion or Order SCHEDULING ORDER: the Court considered the parties' Agreed Motion for Scheduling Order and the Court is of the opinion that it is meritorious and should be GRANTED. The schedule for expert and fact discovery related tot he 20 focus plumes designated by the parties as further set forth in this document. Expert Discovery due by 7/31/2009 (fact discovery by 3/16/09). (Signed by Judge Shira A. Scheindlin on 9/2/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
September 4, 20081967TRANSCRIPT of proceedings held on 8/05/08 before Judge Shira A. Scheindlin. (ama)
September 5, 2008 CASHIERS OFFICE REMARK on 1963 Order Admitting Attorney Pro Hac Vice, 1962 Order Admitting Attorney Pro Hac Vice, in the amount of $50.00, paid on 8/26/08, Receipt Number 661570. (Quintero, Marcos)
September 8, 20081968MOTION/PETITION for Attorney Fees. Document filed by The State of New Mexico.(cd)
September 12, 20081969Court Opinion or Order ORDER GRANTING ADMISSION OF ELAINE M. MALDONADO-MATIAS: Maldonado-Matias is admitted to practice before this Court pro hac vice on behalf of Total Petroleum Puerto Rico Corporation and Total Oil, Inc. (Signed by Judge Shira A. Scheindlin on 9/12/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
September 12, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (6 in 1:06-cv-05937-SAS, 56 in 1:04-cv-01725-SAS, 7 in 1:06-cv-05956-SAS, 30 in 1:04-cv-02060-SAS, 7 in 1:06-cv-05950-SAS, 31 in 1:04-cv-05423-SAS, 35 in 1:06-cv-05496-SAS, 7 in 1:06-cv-05905-SAS, 7 in 1:07-cv-06848-SAS, 19 in 1:04-cv-04971-SAS, 53 in 1:03-cv-10051-SAS, 28 in 1:04-cv-01723-SAS, 78 in 1:03-cv-08248-SAS, 6 in 1:06-cv-05954-SAS, 7 in 1:06-cv-05942-SAS, 7 in 1:06-cv-05957-SAS, 28 in 1:04-cv-03413-SAS, 64 in 1:04-cv-04968-SAS, 7 in 1:06-cv-05906-SAS, 11 in 1:06-cv-01381-SAS, 31 in 1:04-cv-03420-SAS, 30 in 1:04-cv-02066-SAS, 7 in 1:06-cv-01379-SAS, 7 in 1:06-cv-05901-SAS, 10 in 1:06-cv-03751-SAS, 31 in 1:04-cv-01726-SAS, 51 in 1:04-cv-02388-SAS, 54 in 1:03-cv-10057-SAS, 6 in 1:06-cv-05948-SAS, 6 in 1:06-cv-05924-SAS, 6 in 1:06-cv-05928-SAS, 7 in 1:06-cv-05911-SAS, 7 in 1:07-cv-08360-SAS, 64 in 1:03-cv-09544-SAS, 7 in 1:06-cv-05912-SAS, 53 in 1:04-cv-01719-SAS, 12 in 1:05-cv-09070-SAS, 6 in 1:06-cv-05958-SAS, 6 in 1:06-cv-05926-SAS, 10 in 1:06-cv-03752-SAS, 6 in 1:06-cv-05916-SAS, 25 in 1:04-cv-04975-SAS, 34 in 1:04-cv-02068-SAS, 13 in 1:08-cv-00312-SAS, 7 in 1:06-cv-05962-SAS, 10 in 1:06-cv-03742-SAS, 6 in 1:06-cv-05921-SAS, 28 in 1:04-cv-02061-SAS, 27 in 1:04-cv-04969-SAS, 8 in 1:06-cv-00877-SAS, 56 in 1:04-cv-01720-SAS, 38 in 1:04-cv-02053-SAS, 8 in 1:06-cv-05903-SAS, 10 in 1:06-cv-03754-SAS, 7 in 1:06-cv-05902-SAS, 34 in 1:04-cv-02072-SAS, 7 in 1:06-cv-05959-SAS, 48 in 1:04-cv-03417-SAS, 47 in 1:04-cv-01718-SAS, 69 in 1:03-cv-09543-SAS, 6 in 1:06-cv-05917-SAS, 13 in 1:06-cv-03741-SAS, 52 in 1:03-cv-10055-SAS, 49 in 1:04-cv-01716-SAS, 7 in 1:06-cv-05949-SAS, 7 in 1:06-cv-05939-SAS, 7 in 1:06-cv-05955-SAS, 45 in 1:04-cv-03418-SAS, 10 in 1:06-cv-03750-SAS, 6 in 1:06-cv-05947-SAS, 27 in 1:04-cv-03419-SAS, 1969 in 1:00-cv-01898-SAS-DCF, 6 in 1:06-cv-05922-SAS, 24 in 1:07-cv-10470-SAS, 19 in 1:04-cv-01724-SAS, 6 in 1:06-cv-05952-SAS, 51 in 1:03-cv-10054-SAS, 52 in 1:04-cv-01721-SAS, 7 in 1:06-cv-05931-SAS, 6 in 1:06-cv-05953-SAS, 6 in 1:06-cv-05946-SAS, 6 in 1:06-cv-05919-SAS, 7 in 1:06-cv-05963-SAS, 7 in 1:06-cv-05923-SAS, 6 in 1:06-cv-05945-SAS, 7 in 1:06-cv-05940-SAS, 44 in 1:04-cv-04970-SAS, 30 in 1:04-cv-05421-SAS, 28 in 1:04-cv-02059-SAS, 7 in 1:06-cv-05938-SAS, 12 in 1:05-cv-04018-SAS, 7 in 1:06-cv-05907-SAS, 7 in 1:06-cv-05927-SAS, 27 in 1:04-cv-02062-SAS, 78 in 1:04-cv-02389-SAS, 18 in 1:06-cv-03753-SAS, 10 in 1:07-cv-04009-SAS, 37 in 1:04-cv-02070-SAS, 65 in 1:04-cv-04972-SAS, 6 in 1:06-cv-05915-SAS, 29 in 1:04-cv-03412-SAS, 30 in 1:04-cv-01722-SAS, 51 in 1:03-cv-10052-SAS, 5 in 1:07-cv-09453-SAS, 32 in 1:04-cv-03416-SAS, 7 in 1:06-cv-05925-SAS, 6 in 1:06-cv-05933-SAS, 10 in 1:07-cv-04011-SAS, 6 in 1:06-cv-05951-SAS, 18 in 1:04-cv-04973-SAS, 18 in 1:04-cv-04990-SAS, 52 in 1:03-cv-10056-SAS, 7 in 1:06-cv-05913-SAS, 25 in 1:04-cv-03415-SAS, 245 in 1:04-cv-05424-SAS, 6 in 1:06-cv-05930-SAS, 6 in 1:06-cv-05920-SAS, 68 in 1:07-cv-02405-SAS, 18 in 1:04-cv-02056-SAS, 6 in 1:06-cv-05941-SAS, 4 in 1:08-cv-06306-SAS, 7 in 1:06-cv-05932-SAS, 50 in 1:04-cv-02390-SAS, 32 in 1:04-cv-01727-SAS, 25 in 1:04-cv-02067-SAS, 32 in 1:04-cv-05422-SAS, 38 in 1:04-cv-06993-SAS, 6 in 1:06-cv-05960-SAS, 10 in 1:07-cv-04012-SAS, 69 in 1:03-cv-09050-SAS, 17 in 1:04-cv-02057-SAS, 52 in 1:03-cv-10053-SAS, 20 in 1:04-cv-02055-SAS, 10 in 1:08-cv-00278-SAS, 8 in 1:05-cv-10259-SAS, 6 in 1:06-cv-05914-SAS, 6 in 1:06-cv-05943-SAS, 6 in 1:06-cv-05961-SAS, 29 in 1:04-cv-04974-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
September 15, 20081970Court Opinion or Order ORDER: In response to an order of this Court, plaintiff filed a more definite statement of their complaint on 9/8/08. The Court has reviewed defendants' letter of 9/12/08, and plaintiffs' amended complaint. The amended complaint is sufficient to allow defendant to prepare a response, in accordance with F.R.C.P. 12(e). The parties may serve discovery requests forthwith. Defendant must file a responsive pleading no later than 10/1/08. (Signed by Judge Shira A. Scheindlin on 9/15/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(tro)
September 16, 20081971MOTION in Limine to preclude plaintiffs from introducing evidence or argument: relating to non-parties against defendants; or (2) relating only to one defendant against both defendants. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081972DECLARATION of Stephen Riccardulli in Support re: (70 in 1:03-cv-09050-SAS, 79 in 1:03-cv-08248-SAS, 1971 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Document filed by Exxon Mobil Corporation, Sunoco (R&M), Sunoco, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081973MEMORANDUM OF LAW in Support re: (70 in 1:03-cv-09050-SAS, 79 in 1:03-cv-08248-SAS, 1971 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Document filed by Sunoco (R&M), Sunoco, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081974MOTION in Limine to exclude evidence of their financial condition in absence of threshold determination of liability for punitive damages. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081975MEMORANDUM OF LAW in Support re: (82 in 1:03-cv-08248-SAS, 1974 in 1:00-cv-01898-SAS-DCF, 73 in 1:03-cv-09050-SAS) MOTION in Limine.. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081976MOTION in Limine to preclude plaintiffs from introducing evidence or argument about defendants lobbying the government. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081977MEMORANDUM OF LAW in Support re: (75 in 1:03-cv-09050-SAS, 84 in 1:03-cv-08248-SAS, 1976 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081978MOTION in Limine to preclude evidence regarding trade-association activities until and unless plaintiffs establish predicate facts. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081979DECLARATION of Stephen Riccardulli in Support re: (77 in 1:03-cv-09050-SAS, 1978 in 1:00-cv-01898-SAS-DCF, 86 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Sunoco (R&M), Sunoco, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081980MEMORANDUM OF LAW in Support re: (77 in 1:03-cv-09050-SAS, 1978 in 1:00-cv-01898-SAS-DCF, 86 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081981MOTION in Limine to exclude testimony, evidence, and argument relating to non-plaintiffs and their properties with the limited exception of proving causation. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081982MOTION in Limine to preclude plaintiffs from offering any testimony, evidence, or argument relating to Health Effects from Benzene. Document filed by Sunoco (R&M), Sunoco, Inc..Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081983DECLARATION of Kristine Sendak-Smith in Support re: (90 in 1:03-cv-08248-SAS, 81 in 1:03-cv-09050-SAS, 1982 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081984MOTION in Limine to exclude plaintiffs from offering testimony, evidence and argument regarding emotional distress. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081985DECLARATION of Kristine Sendak-Smith in Support re: (83 in 1:03-cv-09050-SAS, 1984 in 1:00-cv-01898-SAS-DCF, 92 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081986MOTION in Limine to preclude plaintiffs from offering any testimony, evidence, or argument relating to medical conditions alleged to be attributable to MTBE exposure. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081987DECLARATION of Kristine Sendak-Smith in Support re: (85 in 1:03-cv-09050-SAS, 94 in 1:03-cv-08248-SAS, 1986 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081988MOTION in Limine by defendants to exclude from use at trial certain demonstrative aids and opinions of plaintiffs' hydrogeology expert Stephen W. Wheatcraft. Document filed by Sunoco (R&M), Sunoco, Inc, Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081989DECLARATION of Daniel Krainin in Support re: (1988 in 1:00-cv-01898-SAS-DCF, 87 in 1:03-cv-09050-SAS, 96 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Sunoco (R&M), Exxon Mobil Corporation, Sunoco, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081990MOTION in Limine to exclude evidence argument and testimony regarding punitive damages. Document filed by Sunoco (R&M), Sunoco, Inc..Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081991DECLARATION of Daniel Krainin in Support re: (89 in 1:03-cv-09050-SAS, 1990 in 1:00-cv-01898-SAS-DCF, 98 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation, Sunoco (R&M), Sunoco, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081992MOTION in Limine to exclude evidence relating to plaintiffs' claims for prospective injunctive relief. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081993DECLARATION of Daniel Krainin in Support re: (91 in 1:03-cv-09050-SAS, 100 in 1:03-cv-08248-SAS, 1992 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081994WITNESS LIST. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 16, 20081995Objection's to Plaintiffs' Trial Witness List. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 17, 20081996Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those settling defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-08360-SAS(cd)
September 17, 20081997Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE, this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants that have been named or have appeared...on the attached Exhibt A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02072-SAS(cd)
September 17, 20081998Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03754-SAS(cd)
September 17, 20082056MOTION in Limine To Exclude References To Risk of Exposure To Substances Other Than MTBE. Document filed by Dave Tonneson, Robert Basso.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 17, 20082057MOTION in Limine To Exclude References To Undocumented or Unreported Releases. Document filed by Dave Tonneson, Robert Basso.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 17, 20082058DECLARATION of Tracey O'Reilly in Support re: (105 in 1:03-cv-08248-SAS, 96 in 1:03-cv-09050-SAS, 2057 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Document filed by Dave Tonneson, Robert Basso. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 18, 20081999Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of nay kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01720-SAS(cd)
September 18, 20082000Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibt A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01725-SAS(cd)
September 18, 20082001Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01721-SAS(cd)
September 18, 20082002Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, couternclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02388-SAS(cd)
September 18, 20082003Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03413-SAS(cd)
September 18, 20082004Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03741-SAS(cd)
September 18, 20082005Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that the action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03420-SAS(cd)
September 18, 20082006Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-09070-SAS(cd)
September 18, 20082007Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-05496-SAS(cd)
September 18, 20082008Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and corss-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09544-SAS(cd)
September 18, 20082009Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01727-SAS(cd)
September 18, 20082010Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants.....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02390-SAS(cd)
September 18, 20082011Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants.....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS(cd)
September 18, 20082012Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE of this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05422-SAS(cd)
September 18, 20082013Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03415-SAS(cd)
September 18, 20082014Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-01381-SAS(cd)
September 18, 20082015Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants.....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03412-SAS(cd)
September 18, 20082016Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04990-SAS(cd)
September 18, 20082017Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settled Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03416-SAS(cd)
September 18, 20082018Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02070-SAS(cd)
September 18, 20082019Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS(cd)
September 18, 20082020Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02057-SAS(cd)
September 18, 20082021Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01726-SAS(cd)
September 18, 20082022Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and counterclaims, and cross-claims of any kind, is dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05421-SAS(cd)
September 18, 20082023Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhbit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03742-SAS(cd)
September 18, 20082024Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02056-SAS(cd)
September 18, 20082025Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01724-SAS(cd)
September 18, 20082026Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE, that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02059-SAS(cd)
September 18, 20082027Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and corss-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01722-SAS(cd)
September 18, 20082028Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03751-SAS(cd)
September 18, 20082029Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03419-SAS(cd)
September 18, 20082030Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-defendants of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...identified on the attached attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05423-SAS(cd)
September 18, 20082031Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...including those identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03418-SAS(cd)
September 18, 20082032Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....including those identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03752-SAS(cd)
September 18, 20082033Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01719-SAS(cd)
September 18, 20082034Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd)
September 18, 20082035Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02055-SAS(cd)
September 18, 20082036Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02061-SAS(cd)
September 18, 20082037Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....including those identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-04018-SAS(cd)
September 18, 20082038Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including, all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice as to those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02060-SAS(cd)
September 18, 20082039Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02062-SAS(cd)
September 18, 20082040Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including, all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01723-SAS(cd)
September 18, 20082041Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
September 18, 20082042Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....including those identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/18/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09543-SAS(cd)
September 18, 20082043Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own Costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03750-SAS(cd)
September 18, 20082044Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....including those identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02068-SAS(cd)
September 18, 20082045Court Opinion or Order ORDER GRANTING PETITION FOR ATTORNEY'S FEES in case 1:06-cv-05496-SAS; granting (1968) Motion for Attorney Fees in case 1:00-cv-01898-SAS-DCF. An attorneys fee percentage of 331/3 of the cash recovery of $3,767,734.66 be awarded to Baron & Budd PC, Weitz & Luxenberg PC, and Sher Leff LLP. The final allocation costs and expenses (approximately $58,000.00) be paid to Baron & Budd PC, Weitz & Luxenberg, PC, and Sher Leff LLP. (Signed by Judge Shira A. Scheindlin on 9/18/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-05496-SAS(cd)
September 18, 20082054Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE the Plaintiff and Settling Defendants have advised the Court that they have resolved the matters between them pursuant to a Settlement Agreement and a release. Pursuant to the Settlement Agreement, the settling parties consent to the dismissal with prejudice of Settling Defendants only from this action. No other parties have objected to the dismissal of the above entitled action with prejudice as to the Settling Defendants only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants that have been named or have appeared in the above captioned action, including those identified on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/17/2008) (jmi)
September 22, 20082046Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Thomas P. Gressette, Barry A. Knopf andLeonard Z. Kaufmann for New Jersey Department of Environmental Protection and New Jersey American Water Company, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 9/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
September 22, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (2046 in 1:00-cv-01898-SAS-DCF, 14 in 1:08-cv-00312-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
September 22, 20082047Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Orlando H. Martinez for Commonwealth of Puerto Rico and Commonwealth of Puerto Rico Environmental Quality Board admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 9/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
September 22, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (26 in 1:07-cv-10470-SAS, 2047 in 1:00-cv-01898-SAS-DCF) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
September 22, 20082048Court Opinion or Order ORDER ADMITTING ATTORNEYS John K. Dema, Scott E. Kauff, Gordon C. Rhea, Aaron R. Dias PRO HAC VICE for plaintiffs The Administrator of the New Jersey Spill compensation Fund, The Commissioner of the New Jersey Department of Environmental Protection, The New Jersey Department of Environmental Protection, The Commonwealth of Puerto Rico and the Commonwealth of Puerto Rico through the Environmental Quality Board. (Signed by Judge Shira A. Scheindlin on 9/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
September 22, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (15 in 1:08-cv-00312-SAS, 2048 in 1:00-cv-01898-SAS-DCF) Order Admitting Attorney Pro Hac Vice,,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
September 25, 20082049Court Opinion or Order ORDER APPROVING PETITION FOR APPROVAL OF SETTLEMENT FOR MINOR CHILDREN that the Petition for Court Approval of Settlements for Minor Children identified in Exhibit "A" is hereby approved. (Signed by Judge Shira A. Scheindlin on 9/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd)
September 25, 20082050Court Opinion or Order CORRECTED ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants...on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-06993-SAS(cd)
September 25, 20082051Court Opinion or Order CORRECTED ORDER OF DISMISSAL WITH PREJUDICE that this action, including all claims, counterclaims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice only as to those Settling Defendants....on the attached Exhibit A, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 9/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-01310-SAS(cd)
September 25, 20082052Court Opinion or Order STIPULATION AND ORDER REGARDING USE OF QUESTIONNAIRES FOR DISCOVERY PURPOSES, that plaintiffs shall return their completed and verified Questionnaires and Medical Authorizations according to the instructions outlined therein within 30 days form the date on which the Court enters its Order, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 9/25/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-10205-SAS(cd)
September 26, 20082053Court Opinion or Order STIPULATION AND ORDER OF VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a)(2) AND ORDER THREON it is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Occidental Chemical Corporation and with each party to bear its own costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (Signed by Judge Shira A. Scheindlin on 9/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
October 1, 20082055TRANSCRIPT of proceedings held on 8/12/08 before Judge Shira A. Scheindlin. (cd)
October 1, 20082059FIFTH AMENDED MASTER ANSWER WITH AFFIRMATIVE AND ADDITIONAL DEFENSES, MASTER CORSS-CLAIMS AND MASTER THIRD-PARTY COMPLAINT. Document filed by Lyondell Chemical Company.(cd)
October 1, 20082060FOURTH AMENDED ANSWER OF EQUISTAR CHEMICALS lP WITH AFFIRMATIVE AND ADDITIONAL DEFENSES, MASTER CROSS-CLAIMS AND MASTER THIRD-PARTY COMPLAINT. Document filed by Equistar Chemicals, LP.(cd)
October 1, 20082061FOURTH AMENDED MASTER ANSWER AND AFFIRMATIVE DEFENSES to Complaint. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).(cd)
October 1, 20082064THIRD AMENDED MASTER ANSWER to Complaint. THIRD PARTY COMPLAINT against Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Petroleum Corporation. Document filed by Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Petroleum Corporation.(cd)
October 2, 20082066ANSWER to the Second Amended Complaint. Document filed by Sol Pureto Rico Limited. (re 07-10470)(cd)
October 2, 20082084TRANSCRIPT of proceedings held on 10/2/2008 before Judge Shira A. Scheindlin. (D'Avanzo, Daniel)
October 3, 20082062SIXTH AMENDED MASTER ANSWER AND AFFIRMATIVE DEFENSES. Document filed by Exxon Mobil Corporation.(cd)
October 6, 20082067MOTION in Limine to Exclude certain documents from evidence. Document filed by Sunoco (R&M), Sunoco, Inc.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
October 6, 20082068DECLARATION of Kristine Sendek in Support re: (2067 in 1:00-cv-01898-SAS-DCF, 107 in 1:03-cv-08248-SAS, 98 in 1:03-cv-09050-SAS) MOTION in Limine. Document filed by Sunoco (R&M), Sunoco, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
October 7, 20082063Court Opinion or Order ORDER ADMITTING ATTORNEY Alejandro J. Cepeda-Diaz PRO HAC VICE for the following defendants, upon payment of the required $25 fee to the Clerk of the Court. Attorney Alejandro J. Diaz for Shell Oil Co., Shell Company Puerto Rico LTD, Shell Chemical Yabucoa, Inc., Shell Trading (US) Company, Motiva Enterprises, LLC, Equilon Enterprises, LLC, Motiva Enterprises, LLC, Equilon Enterprises LLC, Shell Oil Company and Shell Trading (US) Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 10/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
October 7, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (2063 in 1:00-cv-01898-SAS-DCF, 28 in 1:07-cv-10470-SAS) Order Admitting Attorney Pro Hac Vice,,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
October 7, 20082065MOTION for Entry of Default as to G&M Oil Company. Document filed by Orange County Water District. (document was received in chambers on 8/8/05)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
October 9, 2008 CASHIERS OFFICE REMARK on 2048 Order Admitting Attorney Pro Hac Vice,, in the amount of $100.00, paid on 9/24/08, Receipt Number 663980. (Quintero, Marcos)
October 9, 2008 CASHIERS OFFICE REMARK on 2047 Order Admitting Attorney Pro Hac Vice, 2046 Order Admitting Attorney Pro Hac Vice, in the amount of $100.00, paid on 9/24/08, Receipt Number 663981. (Quintero, Marcos)
October 9, 2008 CASHIERS OFFICE REMARK on 2063 Order Admitting Attorney Pro Hac Vice,, in the amount of $25.00, paid on 10/8/08, Receipt Number 665030. (Quintero, Marcos)
October 15, 20082069Court Opinion or Order ORDER FURTHER MODIFYING CASE MANAGEMENT ORDER #35, final Joint Pre-Trial Order, including elements required by Court's standard Pre-Trial Order Form, due 12/1/08, see document for other deadlines. ( Pretrial Order due by 12/1/2008.) (Signed by Judge Shira A. Scheindlin on 10/15/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
October 15, 20082070MEMO ENDORSEMENT re: Motion to Withdraw as Counsel of Record. ENDORSEMENT: Defendants' request is granted. The Clerk of Court is directed to remove Jan Carlos Rodriguez-Munoz as counsel of record in this case. (Signed by Judge Shira A. Scheindlin on 10/15/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(db)
October 16, 20082071FIFTH AMENDED MASTER ANSWER AND AFFIRMATIVE DEFENSES. Document filed by Shell Oil Products Company, Motiva Enterprises, LLC, Equilon Enterprises LLC, Shell Oil Company, Shell Petroleum, Inc., Shell Trading (US) Company, Star Enterprises, TMR Company.(cd)
October 20, 20082072MOTION for Summary Judgment on certain plaintiffs' claims for lack of causation.. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
October 20, 20082073DECLARATION of Stephen Riccardulli in Support re: (101 in 1:03-cv-09050-SAS, 110 in 1:03-cv-08248-SAS, 2072 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
October 20, 20082074RULE 56.1 STATEMENT. Document filed by Sunoco (R&M), Sunoco, Inc., Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
October 20, 20082075MOTION for good faith settlement determination. Document filed by Lyondell Chemical Company, Equistar Chemicals, LP.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
October 20, 20082076MEMORANDUM OF LAW in Support re: (26 in 1:04-cv-04975-SAS, 2075 in 1:00-cv-01898-SAS-DCF, 30 in 1:04-cv-04974-SAS, 39 in 1:04-cv-02053-SAS, 28 in 1:04-cv-04969-SAS, 66 in 1:04-cv-04972-SAS, 45 in 1:04-cv-04970-SAS) MOTION good faith settlement determination.. Document filed by Lyondell Chemical Company, Equistar Chemicals, LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
October 27, 20082077Court Opinion or Order CASE MANAGEMENT ORDER #40: In the City of NY case, the trial will begin on 6/22/09. Defendants in the City of NY case will provide plaintiffs with updated site information from the two identified Shell stations by 10/10/08. Plaintiffs, in turn, will state by 10/23/08, whether each of the seven "potentially threatened wells" listed in their interrogatory response is threatened or not.....The next status conference is scheduled for 10/30/08 at 10:00 am. Status Conference set for 10/30/2008 at 10:00 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 10/27/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) Modified on 10/30/2008 (tro).
October 27, 20082078MOTION for Settlement on behalf of Infants. Document filed by Ann Quattrocchi, John T. Quattrocchi, Damon Quattrocchi, Elaina Quattrocchi, John Quattrocchi.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
October 27, 20082079AFFIDAVIT of John and Ann Quattrocchi in Support re: (2078 in 1:00-cv-01898-SAS-DCF, 105 in 1:03-cv-09050-SAS) MOTION for Settlement.. Document filed by Ann Quattrocchi, John T. Quattrocchi, Damon Quattrocchi, Elaina Quattrocchi, John Quattrocchi. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
October 27, 20082080DECLARATION of Daniel Krainin in Support re: (2078 in 1:00-cv-01898-SAS-DCF, 105 in 1:03-cv-09050-SAS) MOTION for Settlement.. Document filed by Ann Quattrocchi, John T. Quattrocchi, Damon Quattrocchi, Elaina Quattrocchi, John Quattrocchi. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
October 27, 20082081AFFIDAVIT of Peter Hoffman in Support re: (2078 in 1:00-cv-01898-SAS-DCF, 105 in 1:03-cv-09050-SAS) MOTION for Settlement.. Document filed by Ann Quattrocchi, John T. Quattrocchi, Damon Quattrocchi, Elaina Quattrocchi, John Quattrocchi. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
October 28, 20082135NOTICE OF APPEARANCE by Evan J. Benanti on behalf of Rosemore, Inc., Crown Central Petroleum Corporation (cd)
October 29, 20082140NOTICE OF APPEARANCE by Evan J. Benanti on behalf of Crown Central LLC (cd)
October 30, 20082082Court Opinion or Order ORDER: Case Management Order #39, dated 10/27/08, should have been numbered 40 instead of 39. Accordingly, the Clerk of the Court is directed to amend the 10/27/08 Case Management Order #39 (Document #2077) so that it is entitled Case Management Order #40. (Signed by Judge Shira A. Scheindlin on 10/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
October 30, 20082083AMENDED ANSWER to (1238 in 1:00-cv-01898-SAS-DCF) Amended Complaint,,,,,. Document filed by Gulf Oil LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Garvey, Christopher)
October 30, 20082090MOTION to Dismiss for Lack of Jurisdiction, filed by Western Refining, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
October 30, 20082091SIXTH AMENDED MASTER ANSWER ET AL to Complaint. Document filed by Lyondell Chemical Company.(cd)
October 30, 20082092MOTION to Dismiss the Complaint (Master Answer). Document filed by Giant Yorktown, Inc (Western Refining Yorktown).Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
October 30, 20082093FOURTH AMENDED MASTER ANSWER et al to Complaint. Document filed by Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Petroleum Corporation.(cd)
October 30, 20082094AMENDED MASTER ANSWER to Complaint. Document filed by Hess Energy, Inc.(cd)
October 30, 20082095THIRD AMENDED MASTER ANSWER to Complaint. Document filed by Marathon Ashland Petroleum LLC, Marathon Oil Company.(cd)
October 30, 20082096FOURTH AMENDED MASTER ANSWER to Complaint. Document filed by ConocoPhillips Company.(cd)
October 30, 20082097FOURTH AMENDED MASTER ANSWER to Complaint. Document filed by Coastal Chem, Inc., Coastal Eagle Piont Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company.(cd)
October 30, 20082098FOURTH AMENDED MASTER ANSWER to Complaint. Document filed by Atlantic Richfield Company, BP Corporation North America Inc., BP Amoco Corporation, BP Products North America, Inc., BP West Coast LLC, BP Amoco Chemical Company, Inc.(cd)
October 30, 20082099SEVENTH AMENDED MASTER ANSWER to Complaint. Document filed by Exxon Mobil Corporation.(cd)
October 31, 20082085Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL AS AGAINST DEFENDANTS IRVING OIL LIMITED AND IRVING OIL CORPORATION. Pursuant to FRCP 41(a)(1), plaintiff voluntarily dismisses without prejudice the summons with Notice and the Complaint in the above-captioned action as against Defendants Irving Oil Limited and Irving Oil Corporation, and reserves all of Plaintiff's rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 10/31/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04011-SAS(djc)
October 31, 20082086Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL as AGAINST DEFENDANTS IRVING OIL LIMITED AND IRVING OIL CORPORATION. Pursuant to FRCP 41(a)(1), plaintiff voluntarily dismisses without prejudice the summons with Notice and the Complaint in the above-captioned action as against Defendants Irving Oil Limited and Irving Oil Corporation, and reserves all of Plaintiff's rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 10/31/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04009-SAS, 1:07-cv-04012-SAS, 1:07-cv-06848-SAS(djc)
October 31, 20082087Court Opinion or Order ORDER OF DISMISSAL on MOTION FOR VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a)(2) of the FRCP, without prejudice the above-captioned matter, with each party bearing its own costs. (Signed by Judge Shira A. Scheindlin on 10/31/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00278-SAS(djc)
October 31, 20082100MOTION in Limine to Exclude Testing Analysis of Plaintiffs' Well Water by Friedman & Bruya Inc. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
October 31, 20082101DECLARATION of Jennifer Kalnins Temple in Support re: (111 in 1:03-cv-09050-SAS) MOTION in Limine. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
October 31, 20082102AFFIDAVIT of John Maney in Support re: (111 in 1:03-cv-09050-SAS, 2100 in 1:00-cv-01898-SAS-DCF, 116 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
October 31, 20082103MEMORANDUM OF LAW in Support re: (111 in 1:03-cv-09050-SAS, 2100 in 1:00-cv-01898-SAS-DCF, 116 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
October 31, 20082104AMENDED MASTER ANSWER to Complaint. Document filed by Gulf Oil Limited Partnership.(cd)
November 3, 20082088Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: The time to answer or otherwise respond to the Complaint is hereby extended to and including December 31, 2008 for Rosemore Inc. Rosemore Inc. answer due 12/31/2008. (Signed by Judge Shira A. Scheindlin on 11/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(db)
November 3, 20082105MEMORANDUM OF LAW in Opposition re: (105 in 1:03-cv-08248-SAS, 96 in 1:03-cv-09050-SAS, 2057 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 3, 20082106DECLARATION of Stephen Riccardulli in Support re: (2105 in 1:00-cv-01898-SAS-DCF, 120 in 1:03-cv-08248-SAS, 115 in 1:03-cv-09050-SAS) Memorandum of Law in Opposition to Motion,. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 3, 20082107MEMORANDUM OF LAW in Opposition re: (95 in 1:03-cv-09050-SAS, 2056 in 1:00-cv-01898-SAS-DCF, 104 in 1:03-cv-08248-SAS) MOTION in Limine. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 3, 20082108DECLARATION of Jennifer Kalnins Temple in Support re: (117 in 1:03-cv-09050-SAS, 2107 in 1:00-cv-01898-SAS-DCF, 122 in 1:03-cv-08248-SAS) Memorandum of Law in Opposition to Motion,. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 3, 20082109MOTION for William W. Belt to Withdraw as Attorney for Giant Yorktown. Document filed by Giant Yorktown, Inc.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
November 3, 20082110THIRD AMENDED MASTER ANSWER. Document filed by Total Petrochemicals USA, Inc.(cd)
November 3, 20082111SECOND AMENDED MASTER ANSWER et al. Document filed by The Premcor Refining Group Inc.(cd)
November 3, 20082112THIRD AMENDED MASTER ANSWER et al. Document filed by Ultramar, Inc.(cd)
November 3, 20082113FOURTH AMENDED MASTER ANSWER et al. Document filed by Valero Energy, Inc., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas.(cd)
November 5, 20082089NOTICE OF APPEARANCE by John Michael Guthrie on behalf of Leemilt's Petroleum Inc., Getty Properties Corp. (Guthrie, John)
November 5, 20082202TRANSCRIPT of proceedings held on October 30, 2008 before Judge Shira A. Scheindlin. (ad)
November 6, 20082114ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Tracey O'Reilly dated 11/5/08 re: The parties request that. the three pending pre-trial deadlines under Case Management Order #35 be slightly adjusted: Plaintiffs' Opposition to Defendants' MSJ re Causation Current Deadline Friday 11/7/08. Proposed Deadline: Wednesday, 11/12/08. Plaintiffs' opposition will be significantly different if the settlement with Sunoco is finalized this weekend, and plaintiffs need only address Exxon. Parties Exchange Draft Pre-Trial Orders Current Deadline: Monday, 11/10/08. Proposed Deadline Monday, 11/24/08. The parties will not need to expend significant time and effort on Pre-Trial Orders if the Sunoco settlement is finalized this weekend, and the mediation scheduled with Exxon is successful. Defendants' Replies to Motions in Limine Current Deadline: 11/17/08. Proposed Deadline 11/17-18/08. ENDORSEMENT: So Ordered. ( Replies due by 11/18/2008. Responses due by 11/12/2008) (Signed by Judge Shira A. Scheindlin on 11/6/08) (js)
November 6, 20082115Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED by and between the undersigned counsel for Plaintiffs New Jersey Department of Environmental Protection, et al. and Defendant Rosemore Inc. as follows: The time to answer or otherwise respond to the Complaint is hereby extended to and including December 31, 2008 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 11/6/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(js)
November 7, 20082116Court Opinion or Order STIPULATION AND ORDER RE DEFENDANT EXXONMOBIL CORPORATION'S MOTION IN LIMINE CONCERNING FINANCIAL CONDITION, the issue of the amount of punitive damages, if any, for which Exxon will be liable will be severed from and tried after the jury's determination on the issues of liability and a finding Exxon acted with malice or conscious disregard. Exxon will produce its latest annual and quarterly financial statements immediately after the jury's decision on the issue of liability for punitive damages, and, if needed, will immediately provide an appropriate witness to authenticate and explain these financial records. (Signed by Judge Shira A. Scheindlin on 11/6/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 7, 20082117Court Opinion or Order STIPULATION AND ORDER TO EXCLUDE TESTIMONY, ARGUMENT OR EVIDENCE REGARDING BENZENE, plaintiffs hereby stipulate that Myron A/ Mehlman, Ph.D is precluded from offering at trial any opinions relating to benzene or the alleged health effects of benzene exposure, including but not limited to the opinions expressed in his Expert Report dated 2/2/07 or in the Addendum to his Expert Report dated 4/26/07. (Signed by Judge Shira A. Scheindlin on 11/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 7, 20082122SECOND AMENDED MASTER ANSWER. Document filed by Huntsman Corporation.(cd)
November 7, 20082123NOTICE OF APPEARANCE by John C. Ertman, Mark A. Greenwood, Alan L. Sullivan on behalf of Huntsman Petrochemical Corporation Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
November 7, 20082124MASTER ANSWER AND AFFIRMATIVE DEFENSES. Document filed by O.K. Petroleum Distribution Corp., O.K. Petroleum International, Ltd. (cd)
November 10, 20082118Objections to Plaintiff's Exhibit List. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M). Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 10, 20082119Court Opinion or Order ORDER the motion to withdraw the appearances of John McGahren, Esquire and Daniel Mulvihill, Esquire, of Patton Boggs, LLP, on behalf of Defendants Getty Properties Corp. and Leemilt's Petroleum Inc., in the above-captioned matters is GRANTED. IT IS FURTHER ORDERED that John C. McMeekin II, Esquire, of Rawle & Henderson, LLP, is hereby substituted as counsel for Defendants Getty Properties Corp. and Leemilt's Petroleum Inc., in the above-captioned matters. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/10/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jmi)
November 10, 20082120Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE Alan L. Sullivan and Amber M. Mettler for Defendant Huntsman Petrochemical Corporation. (Signed by Judge Shira A. Scheindlin on 11/10/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jmi)
November 10, 20082121Court Opinion or Order ORDER GRANTING SUBSTITUTION OF COUNSEL Pursuant to Local Rule 1.4, Wallace King Domike & Reiskin PLLC and King & Spalding LLP, current counsel of record for defendant Huntsman Petrochemical Corporation, seek an order for substitution of counsel. Huntsman Petrochemical Corporation is currently represented by Richard E. Wallace, Jr., William F. Hughes, and Rebecca L. Schuller of Wallace Domike &Reiskin PLLC, and Robert E. Meadows and Charles C. Correll, Jr. of King & Spalding L.L.P. Huntsman Petrochemical Corporation has consented to representation by Alan L. Sullivan and Amber M. Mettler, of Snell & Wilmer LLP, and John C. Ertman and Mark A. Greenwood, of Ropes & Gray LLP. Alan L. Sullivan and Amber M. Mettler, of Snell & Wilmer LLP, and John C. Ertman and Mark A. Greenwood, of Ropes & Gray LLP, have accepted representation of Huntsman Petrochemical Corporation. (Signed by Judge Shira A. Scheindlin on 11/10/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jmi)
November 10, 20082125FIFTH AMENDED MASTER ANSWER et al. Document filed by Citgo Refining and Chemicals Company L.P., PDV Midwest Refining, L.L.C., Citgo Petroleum Corporation.(cd)
November 12, 20082126Court Opinion or Order ORDER TO SHOW CAUSE: Defendants are ordered to show cause by November 20 why this action should not be remanded to state court because it does not "arise under" federal law within the meaning of Article III of the Constitution, given that no federal issue appears to be stated in the complaint or the removal petition. If plaintiffs elect to respond, they must do so by 12/2/2008. (Signed by Judge Shira A. Scheindlin on 11/10/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-06306-SAS(cd)
November 12, 20082127MOTION for John McGahren and Daniel Mulvihill to Withdraw as Attorney for defendants Getty Properties Corp and Leemilt's Petroleum. Document filed by Leemilt's Petroleum Inc., Getty Properties Corp.(cd)
November 12, 20082128THIRD AMENDED MASTER ANSWER et al to Complaint. Document filed by The Premcor Refining Group Inc. (cd)
November 12, 20082129FOURTH AMENDED MASTER ANSWER ET AL to Complaint. Document filed by Total Petrochemicals USA, Inc.(cd)
November 14, 20082130MEMORANDUM OF LAW in Opposition re: (101 in 1:03-cv-09050-SAS, 110 in 1:03-cv-08248-SAS, 2072 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Dave Tonneson, Robert Basso. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 14, 20082131DECLARATION of Tracey O'Reilly in Support re: (101 in 1:03-cv-09050-SAS, 110 in 1:03-cv-08248-SAS) MOTION for Summary Judgment.. Document filed by Dave Tonneson, Robert Basso et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 14, 20082132COUNTER STATEMENT TO RULE 56.1 STATEMENT (112 in 1:03-cv-08248-SAS, 103 in 1:03-cv-09050-SAS, 2074 in 1:00-cv-01898-SAS-DCF) Rule 56.1 Statement. Document filed by Dave Tonneson, Robert Basso et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 17, 20082141REPLY MEMORANDUM OF LAW in Support re: (85 in 1:03-cv-09050-SAS, 94 in 1:03-cv-08248-SAS, 1986 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 17, 20082142DECLARATION of Lisa Gerson in Support re: (136 in 1:03-cv-08248-SAS, 131 in 1:03-cv-09050-SAS, 2141 in 1:00-cv-01898-SAS-DCF) Reply Memorandum of Law in Support of Motion,. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 17, 20082143REPLY MEMORANDUM OF LAW in Support re: (83 in 1:03-cv-09050-SAS, 1984 in 1:00-cv-01898-SAS-DCF, 92 in 1:03-cv-08248-SAS) MOTION in Limine. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 17, 20082144DECLARATION of Lisa Gerson in Support re: (138 in 1:03-cv-08248-SAS, 133 in 1:03-cv-09050-SAS, 2143 in 1:00-cv-01898-SAS-DCF) Reply Memorandum of Law in Support of Motion,. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 17, 20082145REPLY MEMORANDUM OF LAW in Support re: (1988 in 1:00-cv-01898-SAS-DCF, 87 in 1:03-cv-09050-SAS, 96 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 17, 20082146DECLARATION of Lisa Gerson in Support re: (140 in 1:03-cv-08248-SAS, 2145 in 1:00-cv-01898-SAS-DCF, 135 in 1:03-cv-09050-SAS) Reply Memorandum of Law in Support of Motion,. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 17, 20082147REPLY MEMORANDUM OF LAW in Support re: (75 in 1:03-cv-09050-SAS, 84 in 1:03-cv-08248-SAS, 1976 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 17, 20082148REPLY MEMORANDUM OF LAW in Support o Defendants' Motion In Limine to Preclude Plaintiffs from Introducing Evidence or Argument Regarding Trade Association Activities Until and Unless Plaintiffs Establish Predicate Facts. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 18, 20082133Court Opinion or Order STIPULATION AND ORDER, that the deadline for Plaintiffs to file any opposition in response to Western's Motion to Dismiss shall be extended to 1/23/09. Set Deadlines/Hearing as to (2090 in 1:00-cv-01898-SAS-DCF, 20 in 1:08-cv-00312-SAS) MOTION to Dismiss for Lack of Jurisdiction. ( Response due by 1/23/2009) (Signed by Judge Shira A. Scheindlin on 11/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) (cd).
November 18, 20082134Court Opinion or Order STIPULATION AND ORDER FOR GETTY PROPERTIES TO ANSWER THE COMPLAINT, that the time for defendant Getty Properties to answer the Third amended Complaint is extended to 11/21/08. Answer due 11/21/2008. (Signed by Judge Shira A. Scheindlin on 11/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
November 18, 20082136Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR GETTY PROPERTIES CORP. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: It is hereby stipulated and agreed that the time for defendant Getty Properties Corp to answer or otherwise respond to the Third Amended Complaint is extended to and including November 21, 2008. (Signed by Judge Shira A. Scheindlin on 11/18/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(jpo)
November 18, 20082149REPLY MEMORANDUM OF LAW in Support re: (91 in 1:03-cv-09050-SAS, 100 in 1:03-cv-08248-SAS, 1992 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 18, 20082150REPLY MEMORANDUM OF LAW in Support re: (89 in 1:03-cv-08248-SAS, 80 in 1:03-cv-09050-SAS, 1981 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 18, 20082151REPLY MEMORANDUM OF LAW in Support re: (89 in 1:03-cv-09050-SAS, 1990 in 1:00-cv-01898-SAS-DCF, 98 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 18, 20082152REPLY MEMORANDUM OF LAW in Support of Defendants' Motion In Limine to Preclude Plaintiffs From Introducing Evidence or Argument Relating to Non-Parties Against Defendant. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 19, 20082137Court Opinion or Order ORDER MODIFYING CASE MANAGEMENT ORDER #35 that plaintiffs' request for leave to depose Exxon Mobil Corporation's expert John P. Maney, Ph.D is GRANTED. Exxon shall produce all documents and materials for this deposition by 11/21/08, and make Dr. Maney available for a deposition in NY NY by 11/26/08. Plaintiffs' response to Exxon's Motion in Limine to exclude Testing of Plaintiffs' Well Water by Friedman & Bruya shall be filed within 5 calendar days after the completion of Dr. Maney's deposition and Exxon's reply shall be filed 5 calendar days thereafter. (Signed by Judge Shira A. Scheindlin on 11/19/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 19, 20082138Court Opinion or Order ORDER that with consent of both the City of New York and the Shell Defendants, the Court hereby ORDERS that the request by the Shell Defendants for relief from the deadlines in CMO 26 be referred to Special Master Warner pursuant to FRCP 72(a) for disposition in the course of resolving the City's motion to compel. Special Master Warner is hereby authorized to consider the Shell Defendants' request on its merits. (Signed by Judge Shira A. Scheindlin on 11/19/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
November 20, 20082155Joint MOTION to Dismiss due to Settlement.. Document filed by Plaintiffs and Irving Oil Corporation, Irving Oil Limited, Irving Oil Terminals, Inc.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
November 21, 20082139SUPPLEMENTAL RULE 56.1 STATEMENT IN RESPONSE TO PLAINTIFFS' STATEMENT OF ADDITIONAL FACTS AND IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS' CLAIMS FOR LACK OF CAUSATION. Document filed by Favre Bros. Land, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(djc)
November 21, 20082153REPLY MEMORANDUM OF LAW in Support re: (101 in 1:03-cv-09050-SAS, 110 in 1:03-cv-08248-SAS, 2072 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 21, 20082154DECLARATION of Jennifer Kalnins Temple in Support re: (101 in 1:03-cv-09050-SAS, 110 in 1:03-cv-08248-SAS, 2072 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 21, 20082177MOTION to Dismiss the Non-TSCA Claims for lack of supplemental Jurisdiction or, in the Alternative, MOTION to decline to exercise supplemental jurisdiction over the Non-TSCA claims. Document filed by Hess Energy, Inc., Marathon Oil Company and Marathon Petroleum Company LLC and on behalf of Non-TSCA Defendants.(djc)
November 21, 20082179MEMORANDUM OF LAW in Support re: 2177 MOTION to Dismiss. MOTION in the alternative, to decline to exercise supplemental jurisdiction over the non-tsca claims. Document filed by Hess Energy, Inc., Marathon Oil Company. (djc)
November 24, 20082156MOTION for Determination of Good Faith Settlement. Document filed by Total Petrochemicals USA, Inc.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(cd)
November 24, 20082157DECLARATION of Amy Parker in Support re: (2156 in 1:00-cv-01898-SAS-DCF, 48 in 1:04-cv-02053-SAS) MOTION for Settlement.. Document filed by Total Petrochemicals USA, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(cd)
November 24, 20082158MEMORANDUM OF LAW in Support re: (2156 in 1:00-cv-01898-SAS-DCF, 48 in 1:04-cv-02053-SAS) MOTION for Settlement.. Document filed by Total Petrochemicals USA, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(cd)
November 24, 20082159AMENDED MASTER ANSWER to Complaint. Document filed by Leemilt's Petroleum Inc., Getty Properties Corp.(cd)
November 24, 20082161Objections to Plaintiffs' Trial Witness List. Document filed by Sunoco (R&M), Sunoco, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
November 25, 20082160NOTICE OF APPEARANCE by Todd E. Robins, Victor M Sher on behalf of City of NY Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
November 26, 20082162RESPONSE TO ORDER TO SHOW CAUSE re: (2126 in 1:00-cv-01898-SAS-DCF, 12 in 1:08-cv-06306-SAS) Order to Show Cause,,. Document filed by Exxon Mobil Corporation et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-06306-SAS(cd)
November 26, 20082163Court Opinion or Order CASE MANAGEMENT ORDER #41, that the Clerk of Court is directed to convert all open member cases of MDL 1358, 00-civ-1898, into ECF cases. This includes the following cases and any that is made part of MDL 1358 in the future, as listed further in this document. (Signed by Judge Shira A. Scheindlin on 11/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) M.
December 1, 20082164Court Opinion or Order CASE MANAGEMENT PLAN #42: With respect to the New Jersey and Commonwealth of Puerto Rico cases, the parties will attempt to agree upon, and submit, pre-trial schedules by the next status conference. For new focus cases, plaintiffs have selected American Water of New Jersey and defendants have selected Village of Sands Point, New York. The parties in both cases shall meet and confer to submit pre-trial schedules for these cases by the next status conference, with trial dates in each on June 29, 2009. In the newly filed TSCA cases, if the defendants wish to file a motion to dismiss the non-TSCA claims and the non-TSCA defendants, they shall do so by November 21,2008. Plaintiffs shall reply by December 19,2008 and defendants shall reply by January 5, 2009.The next status conference is scheduled for December 11,2008 at 2:00 p.m. SO ORDERED Replies due by 1/5/2009. Status Conference set for 12/11/2008 at 02:00 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 12/1/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jmi) Modified on 12/8/2008 (jmi).
December 1, 20082165Court Opinion or Order ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS John and Ann Quattrocchi, as parents having legal custody of the infants, John T. Quattrocchi, Damon Quattrocchi, and Elaina Quattrocchi, be and are hereby authorized and permitted to compromise and settle the above-captioned action (the "Action") for and on behalf of the Quattrocchi Family (including the infants, John T. Quattrocchi, Damon Quattrocchi, and Elaina Quattrocchi), against Defendants Sunoco, Inc. and Sunoco, Inc. (R&M) ("Sunoco")in the amount of $10,000.00 (the "Settlement Payment"), conditioned upon compliance with the remaining provisions of this Order. Defendant Sunoco shall make the Settlement Payment with a check made payable to Peter D. Hoffman, Esq., as Attorney for the Quatrrocchi Family (including Mr. and Mrs. John and Ann Quattrocchi, both on behalf of themselves and as the parents having legal custody of John T. Quattrocchi, Damon Quattrocchi, and Elaina Quattrocchi, the infants). Within 30 days of receiving the Settlement Payment, John and Ann Quattrocchi, as parents having legal custody of the infants, John T. Quattrocchi, Damon Quattrocchi, and Elaina Quattrocchi, shall move this Court for an order dismissing the Quattrocchi Family's claims against Defendant Sunoco with prejudice. The Settlement Payment shall be held by Peter D. Hoffman, Esq., counsel for the Quattrocchi Family, in an escrow account until such time as this Court enters a order dismissing the Quattrocchi Family's claims against Defendant Sunoco from the above-captioned action with prejudice. If the Court declines to enter such an order, Peter D. Hoffman, Esq., shall refund the Settlement Payment to Defendant Sunoco within 30 days of such an order. (Signed by Judge Shira A. Scheindlin on 12/1/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(jmi)
December 1, 20082166Court Opinion or Order STIPULATION AND ORDER by and between the undersigned counsel for the parties in City of New York v. Amerada Hess Corp., et al., subject to the approval and entry as an Order by the Court, that the Revised Confidentiality Order entered in MDL 1358 on September 24, 2004 ("Revised Confidentiality Order") is amended in the City of New York action only by adding a new paragraph II.C.a.(ii)(4) as follows: C.a.(ii). For purposes of this Order, "CONFIDENTIAL DOCUMENT(S), INFORMATION OR OTHER THING(S) are DOCUMENTS (S), INFORMATION OR OTHER THING(S) that are PRODUCED OR DISCLOSED in THIS ACTION with Confidentiality Designations in accordance with this Section and: (4) That are PRODUCED OR DISCLOSED by theCity of New York ("the City") in City of New York v. Amerada Hess Corp. et al., 04 CV 3417, and which concern future planning for or use of the City's water supply and which City asserts are protected from disclosure under the deliberative process privilege. Nothing in this Order shall waive the City'S right to assert that the DOCUMENT, INFORMATION OR OTHER THING(S) that are PRODUCED OR DISCLOSED pursuant to this paragraph are covered by the deliberative process privilege. Defendants assert that the DOCUMENTS, INFORMATION OR OTHER THING(S) to PRODUCED OR DISCLOSED pursuant to this paragraph are not protected from disclosure under the deliberative process privilege. Nothing in this Order shall waive Defendants' right to challenge the City's assertion of deliberative process privilege over any of said DOCUMENT, INFORMATION OR OTHER THING(S). Documents, information or other things designated by the City of New York as confidential under the foregoing paragraph shall be subject to the same terms, conditions and restrictions as documents, information or other things designated as confidential under paragraph C of the Revised Confidentiality Order. Within 10 days of the entry of this Stipulation and Order, counsel for each of the parties to the City of New York action shall acknowledge in writing that they have received and reviewed a copy of the Stipulation and Order and shall promptly file said acknowledgment with counsel for the City. SO ORDERED (Signed by Judge Shira A. Scheindlin on 12/1/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jmi) Modified on 12/8/2008 (jmi).
December 1, 20082173MEMO ENDORSEMENT on Plaintiff's Motion for Voluntary Dismissal Pursuant to Rule 41(A)(2), without prejudice, with each party bearing its own costs: So ordered. (Signed by Judge Shira A. Scheindlin on 11/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-02403-SAS, 1:07-cv-02405-SAS, 1:07-cv-02406-SAS, 1:07-cv-02407-SAS(cd)
December 2, 20082167Court Opinion or Order CASE MANAGEMENT ORDER NO. 43: (PRE-TRIAL DEADLINE FOR NAPOLI BERN CASES SET FOR TRIAL ON JUNE 22, 2009) Fact Discovery Closes February 16; Summary Judgment Motions not requiring expert evidence filed January 30; Expert Discovery Closes April 30; Dispositive Motions filed (Expert-based only) April 24; Response Briefs (21 days) May 1; Reply Briefs (14 days) May 8; Motions in Limine Filed May 11; Responses to Motions in Limine May 25; Replies to Motion in Limine June 1; Parties to file Joint Proposed Pretrial Order June 1; Parties to file jury questionnaires June 12; TRIAL BEGINS June 22. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS, 1:03-cv-10055-SAS(tro)
December 2, 20082168Court Opinion or Order ORDER DETERMINING THAT SETTLEMENT IS A GOOD FAITH SETTLEMENT granting (2075) Motion in case 1:00-cv-01898-SAS-DCF. The settlement reached between Lyondell Chemical Company and Equistar Chemicals LP, on one hand, and Plaintiffs City of Riverside, Quincy Community Services District, People of the State of California, California-American Water Co., et al. and Martin Silver, et al., on the other hand, was made in good faith within the meaning of California Code of Civil Procedure 877 and 877.6, as well as the case law interpreting those sections, including, Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. 38 Cal. 3d 488 (1985), entitling Settling Defendants to protection from contribution and equitable indemnity claims as provided by law. the settlement reached as between the Village of Island Lake, a municipal corporation, on one hand, and the Settling Defendants on the other hand, is made in good faith within the meaning of 740 ILCS 100/2 and case law interpreting that section, including Johnson v. United Airlines, 784 N.E.2d 812, 818 (III. 2003), entitling Settling Defendants to protection from contribution and equitable indemnity claims as provided by law. Accordingly, pursuant to F.R.C.P. 54(b), and there being no just cause for delay, the Motion of Settling Defendant is hereby Granted. The clerk is Ordered to enter judgment that the Settlement Agreement dated 6/3/08 constitutes a good faith settlement under applicable laws and the Settling Defendant are thereby protected from joint tortfeasor claims as set forth above. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
December 2, 2008 Transmission to Judgments and Orders Clerk. Transmitted re: (41 in 1:04-cv-04974-SAS, 2168 in 1:00-cv-01898-SAS-DCF, 37 in 1:04-cv-04975-SAS, 53 in 1:04-cv-02053-SAS, 77 in 1:04-cv-04972-SAS, 56 in 1:04-cv-04970-SAS, 39 in 1:04-cv-04969-SAS) Order on Motion for Miscellaneous Relief, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
December 2, 20082169Court Opinion or Order ORDER GRANTING ADMISSION PRO HAC VICE: This Court has considered the unopposed request of Defendants Koch Industries, Inc. and Flint Hills Resources, LP to admit pro hac vice William P. Childress of Hunton & Williams LLP, and the request is hereby GRANTED. IT IS HEREBY ORDERED that William P. Childress is admitted to practice before the Court pro hac vice on behalf of the above-named Defendants in these civil actions upon payment of the required $25.00 fee to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
December 2, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (16 in 1:06-cv-05951-SAS, 39 in 1:04-cv-01723-SAS, 31 in 1:04-cv-02055-SAS, 24 in 1:05-cv-04018-SAS, 29 in 1:04-cv-04990-SAS, 17 in 1:06-cv-05912-SAS, 16 in 1:06-cv-05915-SAS, 61 in 1:04-cv-03417-SAS, 16 in 1:06-cv-05948-SAS, 47 in 1:06-cv-05496-SAS, 19 in 1:08-cv-07764-SAS, 16 in 1:06-cv-05941-SAS, 63 in 1:03-cv-10055-SAS, 35 in 1:04-cv-02067-SAS, 16 in 1:06-cv-05919-SAS, 17 in 1:06-cv-01379-SAS, 46 in 1:04-cv-02068-SAS, 16 in 1:06-cv-05945-SAS, 78 in 1:04-cv-04972-SAS, 50 in 1:04-cv-06993-SAS, 17 in 1:06-cv-05956-SAS, 43 in 1:04-cv-01726-SAS, 75 in 1:07-cv-02403-SAS, 17 in 1:06-cv-05923-SAS, 18 in 1:06-cv-00877-SAS, 46 in 1:04-cv-02072-SAS, 21 in 1:06-cv-03750-SAS, 44 in 1:04-cv-05422-SAS, 17 in 1:06-cv-05907-SAS, 17 in 1:06-cv-05913-SAS, 81 in 1:03-cv-09543-SAS, 40 in 1:04-cv-02066-SAS, 56 in 1:04-cv-03418-SAS, 16 in 1:06-cv-05946-SAS, 16 in 1:06-cv-05960-SAS, 20 in 1:05-cv-01310-SAS, 39 in 1:04-cv-03413-SAS, 17 in 1:08-cv-06306-SAS, 18 in 1:08-cv-07766-SAS, 21 in 1:06-cv-03754-SAS, 62 in 1:03-cv-10053-SAS, 15 in 1:07-cv-09453-SAS, 18 in 1:07-cv-08360-SAS, 63 in 1:03-cv-10056-SAS, 39 in 1:04-cv-03419-SAS, 68 in 1:04-cv-01720-SAS, 16 in 1:06-cv-05933-SAS, 39 in 1:04-cv-02059-SAS, 57 in 1:04-cv-04970-SAS, 30 in 1:04-cv-01724-SAS, 16 in 1:06-cv-05928-SAS, 42 in 1:04-cv-04974-SAS, 17 in 1:06-cv-05906-SAS, 17 in 1:06-cv-05940-SAS, 16 in 1:06-cv-05922-SAS, 17 in 1:06-cv-05957-SAS, 16 in 1:06-cv-10205-SAS, 16 in 1:06-cv-05924-SAS, 75 in 1:07-cv-02407-SAS, 18 in 1:05-cv-10259-SAS, 16 in 1:06-cv-05921-SAS, 33 in 1:08-cv-00312-SAS, 17 in 1:06-cv-05959-SAS, 42 in 1:04-cv-03420-SAS, 59 in 1:04-cv-01718-SAS, 2169 in 1:00-cv-01898-SAS-DCF, 81 in 1:07-cv-02405-SAS, 62 in 1:03-cv-10052-SAS, 153 in 1:03-cv-08248-SAS, 64 in 1:03-cv-10057-SAS, 42 in 1:04-cv-05421-SAS, 59 in 1:04-cv-01716-SAS, 21 in 1:07-cv-04012-SAS, 16 in 1:06-cv-05914-SAS, 17 in 1:06-cv-05931-SAS, 16 in 1:06-cv-05916-SAS, 21 in 1:07-cv-04011-SAS, 257 in 1:04-cv-05424-SAS, 17 in 1:06-cv-05949-SAS, 21 in 1:06-cv-03752-SAS, 75 in 1:07-cv-02406-SAS, 17 in 1:06-cv-05905-SAS, 16 in 1:06-cv-05953-SAS, 61 in 1:03-cv-10054-SAS, 16 in 1:06-cv-05958-SAS, 39 in 1:04-cv-02061-SAS, 149 in 1:03-cv-09050-SAS, 16 in 1:06-cv-05947-SAS, 17 in 1:06-cv-05950-SAS, 65 in 1:04-cv-01719-SAS, 28 in 1:04-cv-02057-SAS, 76 in 1:04-cv-04968-SAS, 16 in 1:06-cv-05943-SAS, 17 in 1:06-cv-05962-SAS, 63 in 1:03-cv-10051-SAS, 29 in 1:04-cv-02056-SAS, 17 in 1:06-cv-05902-SAS, 17 in 1:06-cv-05911-SAS, 37 in 1:04-cv-03415-SAS, 17 in 1:06-cv-05939-SAS, 62 in 1:04-cv-02390-SAS, 54 in 1:04-cv-02053-SAS, 16 in 1:06-cv-05952-SAS, 43 in 1:04-cv-05423-SAS, 17 in 1:06-cv-05932-SAS, 41 in 1:04-cv-01722-SAS, 17 in 1:06-cv-05963-SAS, 38 in 1:04-cv-04975-SAS, 28 in 1:04-cv-04973-SAS, 17 in 1:06-cv-05938-SAS, 16 in 1:06-cv-05917-SAS, 21 in 1:06-cv-03742-SAS, 23 in 1:06-cv-01381-SAS, 16 in 1:06-cv-05937-SAS, 68 in 1:04-cv-01725-SAS, 63 in 1:04-cv-02388-SAS, 24 in 1:05-cv-09070-SAS, 23 in 1:08-cv-00278-SAS, 41 in 1:04-cv-02060-SAS, 40 in 1:04-cv-03412-SAS, 17 in 1:06-cv-05901-SAS, 44 in 1:04-cv-01727-SAS, 17 in 1:06-cv-05955-SAS, 30 in 1:06-cv-03753-SAS, 17 in 1:06-cv-05925-SAS, 64 in 1:04-cv-01721-SAS, 38 in 1:04-cv-02062-SAS, 18 in 1:07-cv-06848-SAS, 17 in 1:06-cv-05942-SAS, 21 in 1:07-cv-04009-SAS, 16 in 1:06-cv-05954-SAS, 76 in 1:03-cv-09544-SAS, 90 in 1:04-cv-02389-SAS, 16 in 1:06-cv-05920-SAS, 16 in 1:06-cv-05930-SAS, 18 in 1:06-cv-05903-SAS, 16 in 1:06-cv-05961-SAS, 40 in 1:04-cv-04969-SAS, 29 in 1:04-cv-04971-SAS, 43 in 1:07-cv-10470-SAS, 25 in 1:06-cv-03741-SAS, 48 in 1:04-cv-02070-SAS, 21 in 1:06-cv-03751-SAS, 17 in 1:06-cv-05927-SAS, 16 in 1:06-cv-05926-SAS, 44 in 1:04-cv-03416-SAS) Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
December 2, 20082170Court Opinion or Order ORDER GRANTING ADMISSION PRO HAC VICE. This Court has considered the unopposed request of Defendants Koch Industries, Inc. and Flint Hills Resources, LP to admit pro hac vice William P. Childress of Hunton & Williams LLP, and the request is hereby GRANTED. IT IS HEREBY ORDERED that William P. Childress is admitted to practice before the Court pro hac vice on behalf of the above-named Defendants in these civil actions upon payment of the required $25.00 fee to the Clerk of the Court. Attorney William P. Childress for Koch Industries, Inc., Flint Hills Resources LP, Koch Industries, Inc., Fint Hills Resources, Koch Industries, Inc., Flint Hills Resources LP, Koch Industries, Inc., Flint Hills Resources LP, Koch Industries, Inc., Flint Hills Resources LP, Koch Industries, Inc., Flint Hills Resources LP, Koch Industries Inc., Flint Hills Resources, LP, Koch Industries Inc., Koch Industries, Inc, Koch Industries, Inc., Flint Hills Resources, LP, Koch Industries, Inc., Flint Hilss Resources, Flint Hills Resources LP, Koch Industries Inc., Flint Hills Resources, LP, Koch Industries Inc., Koch Industries, Inc., Flint Hills Resources, LP, Koch Industries, Inc. and Flint Hills Resources, LP admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(db)
December 2, 20082171Court Opinion or Order CASE MANAGEMENT ORDER NO. 43 (PRE-TRIAL DEADLINES FOR NAPOLI BERN CASESSET FOR TRIAL ON JUNE 22, 2009): Fact Discovery due 2/16/09. Summary Judgment Motions (not requiring expert evidence) due 1/30/09. Dispositive Motions (Expert-based only) due 4/24/09. In Limine Motions due by 5/11/2009. Responses due by 5/25/2009. Replies due by 6/1/2009. Expert Discovery due by 4/30/2009. Joint Proposed Pretrial Order due by 6/1/2009. Ready for Trial by 6/22/2009. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS, 1:03-cv-10055-SAS(db)
December 2, 20082172Court Opinion or Order ORDER DETERMINING THAT SETTLEMENT IS A GOOD FAITH SETTLEMENT: (1) The settlement reached between Lyondell Chemical Company and Equistar Chemicals LP, on one hand, and Plaintiffs City of Riverside, Quincy Community Services District, People of the State of California, California-American Water Co., et al. and Martin Silver, et al., on the other hand, was made in good faith within the meaning of California Code of Civil Procedure §877 and §877.6, as well as the case law interpreting those sections, including Tech-Bilt, Inc. v. Woodward-Clyde & Assoc., 38 Cal. 3d 488 (1985), entitling Settling Defendants to protection from contribution and equitable indemnity claims as provided by law; and (2) The settlement reached as between the Village of Island Lake, a municipal corporation, on one hand, and the Settling Defendants on the other hand, is made in good faith within the meaning of § 740 ILCS 100/2 and case law interpreting that section, including Johnson v. United Airlines, 784 N.E.2d 812, 818 (Ill. 2003), entitling Settling Defendants to protection from contribution and equitable indemnity claims as provided by law. Accordingly, pursuant to Federal Rule of Civil Procedure 54(b), and there being no just cause for delay, the Motion of Settling Defendants is hereby Granted. The clerk is Ordered to enter judgment that the Settlement Agreement dated June 3, 2008 constitutes a good faith settlement under applicable laws and the Settling Defendants are thereby protected from joint tortfeasor claims as set forth above. ORDER granting (39) Motion in case 1:04-cv-02053-SAS; granting (45) Motion in case 1:04-cv-04970-SAS; granting (28) Motion in case 1:04-cv-04969-SAS; granting (66) Motion in case 1:04-cv-04972-SAS; granting (26) Motion in case 1:04-cv-04975-SAS; granting (30) Motion in case 1:04-cv-04974-SAS. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(db)
December 2, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (40 in 1:04-cv-02059-SAS, 65 in 1:04-cv-01721-SAS, 17 in 1:06-cv-05953-SAS, 22 in 1:06-cv-03751-SAS, 17 in 1:06-cv-05920-SAS, 17 in 1:06-cv-05933-SAS, 18 in 1:06-cv-05957-SAS, 18 in 1:06-cv-05906-SAS, 42 in 1:04-cv-01722-SAS, 17 in 1:06-cv-05922-SAS, 41 in 1:04-cv-03412-SAS, 22 in 1:06-cv-03752-SAS, 17 in 1:06-cv-05928-SAS, 30 in 1:04-cv-04971-SAS, 18 in 1:06-cv-05911-SAS, 63 in 1:04-cv-02390-SAS, 18 in 1:06-cv-05942-SAS, 22 in 1:07-cv-04009-SAS, 45 in 1:04-cv-03416-SAS, 17 in 1:06-cv-05915-SAS, 44 in 1:04-cv-05423-SAS, 17 in 1:06-cv-05961-SAS, 64 in 1:04-cv-02388-SAS, 82 in 1:07-cv-02405-SAS, 17 in 1:06-cv-05937-SAS, 30 in 1:04-cv-02056-SAS, 17 in 1:06-cv-05921-SAS, 69 in 1:04-cv-01720-SAS, 258 in 1:04-cv-05424-SAS, 25 in 1:05-cv-04018-SAS, 40 in 1:04-cv-01723-SAS, 82 in 1:03-cv-09543-SAS, 18 in 1:06-cv-05938-SAS, 18 in 1:06-cv-05927-SAS, 51 in 1:04-cv-06993-SAS, 76 in 1:07-cv-02407-SAS, 17 in 1:06-cv-05926-SAS, 17 in 1:06-cv-05952-SAS, 18 in 1:06-cv-05931-SAS, 19 in 1:05-cv-10259-SAS, 18 in 1:06-cv-05912-SAS, 18 in 1:08-cv-06306-SAS, 18 in 1:06-cv-05939-SAS, 18 in 1:06-cv-05923-SAS, 17 in 1:06-cv-05947-SAS, 24 in 1:08-cv-00278-SAS, 19 in 1:07-cv-08360-SAS, 17 in 1:06-cv-05943-SAS, 42 in 1:04-cv-02060-SAS, 48 in 1:06-cv-05496-SAS, 22 in 1:06-cv-03742-SAS, 77 in 1:03-cv-09544-SAS, 41 in 1:04-cv-02066-SAS, 76 in 1:07-cv-02403-SAS, 32 in 1:04-cv-02055-SAS, 18 in 1:06-cv-05940-SAS, 2170 in 1:00-cv-01898-SAS-DCF, 17 in 1:06-cv-05954-SAS, 44 in 1:04-cv-01726-SAS, 79 in 1:04-cv-04972-SAS, 17 in 1:06-cv-05951-SAS, 19 in 1:06-cv-05903-SAS, 39 in 1:04-cv-04975-SAS, 17 in 1:06-cv-05958-SAS, 77 in 1:04-cv-04968-SAS, 44 in 1:07-cv-10470-SAS, 18 in 1:06-cv-05955-SAS, 49 in 1:04-cv-02070-SAS, 18 in 1:06-cv-01379-SAS, 18 in 1:06-cv-05962-SAS, 17 in 1:06-cv-05946-SAS, 17 in 1:06-cv-05914-SAS, 22 in 1:06-cv-03754-SAS, 40 in 1:04-cv-02061-SAS, 17 in 1:06-cv-05941-SAS, 17 in 1:06-cv-05945-SAS, 18 in 1:06-cv-05932-SAS, 31 in 1:06-cv-03753-SAS, 18 in 1:06-cv-05913-SAS, 43 in 1:04-cv-04974-SAS, 18 in 1:06-cv-05959-SAS, 24 in 1:06-cv-01381-SAS, 18 in 1:06-cv-05950-SAS, 65 in 1:03-cv-10057-SAS, 154 in 1:03-cv-08248-SAS, 26 in 1:06-cv-03741-SAS, 18 in 1:06-cv-05905-SAS, 18 in 1:06-cv-05963-SAS, 17 in 1:06-cv-05960-SAS, 29 in 1:04-cv-02057-SAS, 40 in 1:04-cv-03413-SAS, 57 in 1:04-cv-03418-SAS, 17 in 1:06-cv-10205-SAS, 19 in 1:07-cv-06848-SAS, 31 in 1:04-cv-01724-SAS, 45 in 1:04-cv-01727-SAS, 60 in 1:04-cv-01716-SAS, 38 in 1:04-cv-03415-SAS, 18 in 1:06-cv-05925-SAS, 16 in 1:07-cv-09453-SAS, 18 in 1:06-cv-05902-SAS, 20 in 1:08-cv-07764-SAS, 69 in 1:04-cv-01725-SAS, 22 in 1:07-cv-04012-SAS, 34 in 1:08-cv-00312-SAS, 17 in 1:06-cv-05917-SAS, 64 in 1:03-cv-10051-SAS, 40 in 1:04-cv-03419-SAS, 45 in 1:04-cv-05422-SAS, 18 in 1:06-cv-05956-SAS, 21 in 1:05-cv-01310-SAS, 17 in 1:06-cv-05948-SAS, 39 in 1:04-cv-02062-SAS, 36 in 1:04-cv-02067-SAS, 47 in 1:04-cv-02068-SAS, 17 in 1:06-cv-05919-SAS, 25 in 1:05-cv-09070-SAS, 22 in 1:06-cv-03750-SAS, 63 in 1:03-cv-10053-SAS, 76 in 1:07-cv-02406-SAS, 19 in 1:06-cv-00877-SAS, 62 in 1:03-cv-10054-SAS, 18 in 1:06-cv-05949-SAS, 64 in 1:03-cv-10056-SAS, 47 in 1:04-cv-02072-SAS, 60 in 1:04-cv-01718-SAS, 150 in 1:03-cv-09050-SAS, 17 in 1:06-cv-05924-SAS, 55 in 1:04-cv-02053-SAS, 18 in 1:06-cv-05901-SAS, 63 in 1:03-cv-10052-SAS, 64 in 1:03-cv-10055-SAS, 62 in 1:04-cv-03417-SAS, 43 in 1:04-cv-03420-SAS, 17 in 1:06-cv-05916-SAS, 43 in 1:04-cv-05421-SAS, 17 in 1:06-cv-05930-SAS, 91 in 1:04-cv-02389-SAS, 58 in 1:04-cv-04970-SAS, 41 in 1:04-cv-04969-SAS, 30 in 1:04-cv-04990-SAS, 66 in 1:04-cv-01719-SAS, 29 in 1:04-cv-04973-SAS, 22 in 1:07-cv-04011-SAS, 18 in 1:06-cv-05907-SAS, 19 in 1:08-cv-07766-SAS) Order Admitting Attorney Pro Hac Vice,,,,,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(db)
December 2, 2008 Transmission to Judgments and Orders Clerk. Transmitted re: (44 in 1:04-cv-04974-SAS, 2172 in 1:00-cv-01898-SAS-DCF, 80 in 1:04-cv-04972-SAS, 56 in 1:04-cv-02053-SAS, 42 in 1:04-cv-04969-SAS, 40 in 1:04-cv-04975-SAS, 59 in 1:04-cv-04970-SAS) Order on Motion for Miscellaneous Relief, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(db)
December 3, 20082174Court Opinion or Order ORDER GRANTING SUBSTITUTION OF COUNSEL that Sabic Americas has consented to representation by Gregory O'Hara, Kathleen M. Balderston and Kristin Jamberdino of Nixon Peabody LLP and that Thelen LLP is now former counsel. (Signed by Judge Shira A. Scheindlin on 12/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
December 8, 2008 CASHIERS OFFICE REMARK on 2169 Order Admitting Attorney Pro Hac Vice,, in the amount of $25.00, paid on 11/26/2008, Receipt Number 670968. (jd)
December 8, 20082175REPLY MEMORANDUM OF LAW in Support re: (111 in 1:03-cv-09050-SAS) MOTION in Limine.. Document filed by EXXON MOBIL CORPORATION. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks)
December 8, 20082176DECLARATION of Jennifer Kalnins Temple in Support re: (111 in 1:03-cv-09050-SAS, 116 in 1:03-cv-08248-SAS) MOTION in Limine.. Document filed by EXXON MOBIL CORPORATION. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks)
December 8, 20082178Court Opinion or Order PRETRIAL ORDER NO. (APPLICATION OF REVISED CONFIDENTIALITY ORDER TO PRODUCTION OF DOCUMENTS OR THINGS PURSUANT TO THE PIPELINE SUBPOENAS): It is hereby ORDERED that the provisions of the Revised Confidentiality Order ("RCO") entered by the Court on September 24, 2004, as amended by Stipulation and Order entered by the Court on December 1, 2008, in In Re MTBE Products Liability Litigation, MDL No. 1358, (Exhibit A), regarding the production and disclosure of confidential documents, information or other things shall apply to the documents, information or other things produced or disclosed by pipeline companies in response to any of the Subpoenaed Parties pursuant to the terms set forth below: (1) Any documents, information or other things produced or disclosed by the Subpoenaed Parties pursuant to the Pipeline Subpoenas may be produced or disclosed with the Confidentiality Designations set forth in the RCO (i. e., "CONFIDENTIAL (per 2004 MDL 1358 Order)" or "CONFIDENTIAL MATERIALS (per 2004 MDL 1358 Order) -- FOR OUTSIDE COUNSEL ONLY") where such documents, information or other things are subject to limitations on disclosure pursuant to Section 15(13) of the Interstate Commerce Act or otherwise contain a trade secret or other confidential research, development or commercial information as those terms are used in Rule 26(c)(7) of the Federal Rules of Civil Procedure, including but not limited to the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to such common carrier pipelines for interstate transportation; (2) The Subpoenaed Parties need not abide by those portions of the RCO relating to "Approved Copying Service[s]," provided that the Subpoenaed Parties and the Parties issuing Subpoenas make alternate, mutually agreeable arrangements for the copying of documents or things produced or disclosed pursuant to the Pipeline Subpoenas; and (3) The terms of this Order and the RCO with respect to any documents, information or other things produced or disclosed by the Subpoenaed Parties pursuant to the Pipeline Subpoenas shall be binding upon all parties to the above-captioned action and any other persons who have agreed to be bound by the RCO. (Signed by Judge Shira A. Scheindlin on 12/8/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
December 9, 20082180Court Opinion or Order OPINION AND ORDER #96841 re: (101 in 1:03-cv-09050-SAS, 110 in 1:03-cv-08248-SAS, 2072 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment filed by Sunoco, Inc., Exxon Mobil Corporation, Sunoco (R&M). Defendants' motion is granted. The Clerk of the Court is directed to close this motion (docket #2072). (Signed by Judge Shira A. Scheindlin on 12/9/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(tro) Modified on 12/11/2008 (mro).
December 9, 2008 Transmission to Judgments and Orders Clerk. Transmitted re: (157 in 1:03-cv-08248-SAS, 153 in 1:03-cv-09050-SAS, 2180 in 1:00-cv-01898-SAS-DCF) Opinion and Order, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(tro)
December 10, 20082182Court Opinion or Order ORDER GRANTING TOTAL PETROCHEMICALS USA, INC'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT, granting (48) Motion for Settlement in case 1:04-cv-02053-SAS; granting (2156) Motion for Settlement in case 1:00-cv-01898-SAS-DCF. The clerk is directed to enter judgment on the issue of the determination that the Settlement Agreement dated 8/15/08 is a good faith settlement under the laws of the State of Illinois and that TOTAL is therefore protected from joint tortfeasor claims as set forth herein.. (Signed by Judge Shira A. Scheindlin on 12/10/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(cd)
December 10, 2008 Transmission to Judgments and Orders Clerk. Transmitted re: (2182 in 1:00-cv-01898-SAS-DCF, 58 in 1:04-cv-02053-SAS) Order on Motion for Settlement,,, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(cd)
December 10, 20082183Court Opinion or Order ORDER TO ADMIT NICHOLAS G. CAMPINS AND MARNIE E. RIDDLE AS COUNSEL PRO HAC VICE, Nicholas G. Campins and Marnie E. Riddle PRO HAC VICE are admitted on behalf of The City of New York, the City of Riverside, Quincy Community Services District, California-American Water Company, M & P Silver Family Partners II, and the State of New Mexico. (Signed by Judge Shira A. Scheindlin on 12/10/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
December 10, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (61 in 1:04-cv-04970-SAS, 49 in 1:06-cv-05496-SAS, 42 in 1:04-cv-04975-SAS, 44 in 1:04-cv-04969-SAS, 46 in 1:04-cv-04974-SAS, 64 in 1:04-cv-03417-SAS, 2183 in 1:00-cv-01898-SAS-DCF) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
December 11, 20082181CLERK'S RULE 54(b)JUDGMENT That for the reasons stated in the Court's Order dated December 2, 2008, there is no just reason for delay, pursuant to Fed. R. Civ. 54(b), the motion of the settling defendants is granted and judgment is entered that the Settlement Agreement dated June 3, 2008 constitutes a good faith settlement under applicable laws and the Settling Defendants are hereby protected from joint tortfeasor claims as set forth in the Order dated December 2, 2008. (Signed by J. Michael McMahon, clerk on 12/10/08) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(ml)
December 11, 20082184Court Opinion or Order AGREED ORDER OF DISMISSAL: The Court, having considered the foregoing representations, is of the opinion and does hereby dismiss without prejudice Defendant Coastal Oil New England, Inc. in the manner heretofore described. Plaintiffs reserve all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 12/10/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-07764-SAS, 1:08-cv-07766-SAS(jpo)
December 11, 20082185Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE UNDER F.R.C.P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release and Indemnity Agreement, and this Stipulated Order of Dismissal with Prejudice. The parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 12/10/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(jpo)
December 11, 20082186WITNESS LIST. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks)
December 11, 20082187WITNESS LIST. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks)
December 11, 20082188Exhibit List. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6, # 6 Part 7, # 7 Part 8, # 8 Part 9, # 9 Part 10, # 10 Part 11, # 11 Part 12)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks)
December 11, 20082189Exhibit List First Supplemental Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks)
December 11, 20082190PROPOSED VOIR DIRE QUESTIONS. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks)
December 11, 20082191PROPOSED JURY INSTRUCTIONS. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks)
December 11, 20082192PRETRIAL MEMORANDUM. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks)
December 11, 20082193NOTICE of Proposed Verdict Form. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks)
December 12, 20082194CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated December 10, 2008, there is no just reason for delay, pursuant to Fed. R. Civ. 54(b), TOTAL's Motion for Determination of Good Faith Settlement is granted and judgment is entered on the issue of the determination that the Settlement Agreement dated August 15, 2008 is a good faith settlement under the laws of the State of Illinois and that TOTAL is therefore protected from joint tortfeasor claims as set forth in the Order dated December 10, 2008. (Signed by J. Michael McMahon, clerk on 12/12/08) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(ml)
December 17, 20082195Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL AS AGAINST DEFENDANTS IRVING OIL LIMITED AND IRVING OIL CORPORATION that pursuant to FRCP 41(a)(1), plaintiff voluntarily dismisses without prejudice the Summons with Notice and the Complaint as against Defendants Oil Limited and Irving Oil Corporation, and reserves all of Plaintiff's rights as against all other defendants, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 12/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04009-SAS(cd)
December 17, 20082196Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL AS AGAINST DEFENDANTS IRVING OIL LIMITED AND IRVING OIL CORPORATION that pursuant to FRCP 41(a)(2), plaintiff voluntarily dismisses without prejudice the Summons with Notice and the Complaint as against Defendants Irving Oil Limited and Irving Oil Corporation, and reserves all of plaintiff's rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 12/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-06848-SAS(cd)
December 17, 20082197Objection Defendant Exxon Mobil Corporation's Objections and Counter-Designations to Plaintiffs' Page and Line Designations From the Deposition of Curtis Stanley. Document filed by EXXON MOBIL CORPORATION. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks)
December 19, 20082199FIFTH AMENDED MASTER ANSWER, AFFIRMATIVE DEFENSES, AND MASTER CROSS-COMPLAINT AND THIRD-PARTY COMPLAINT. Document filed by Valero Refining Company-California, Valero Energy, Inc., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas.(cd)
December 23, 20082198Court Opinion or Order ORDER GRANTING SUBSTITUTION OF COUNSEL that Littleton Joyce Ughetta Park & Kelly LLP may substitute in for Ropes & Gray LLP as counsel for Huntsman Petrochemical Corporation. (Signed by Judge Shira A. Scheindlin on 12/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
December 24, 20082200MOTION for Leave to File Third-Party Complaint against Favre Bros. Land, Inc., LeRoy G. Favre Jr. and David J. Favre.. Document filed by Sunoco (R&M), Exxonmobil Corporation, SUNOCO (R & M), EXXON MOBIL CORPORATION, Sunoco, Inc., Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks)
December 24, 20082201MEMORANDUM OF LAW in Support re: (170 in 1:03-cv-09050-SAS) MOTION for Leave to File Third-Party Complaint against Favre Bros. Land, Inc., LeRoy G. Favre Jr. and David J. Favre... Document filed by Sunoco (R&M), Exxonmobil Corporation, SUNOCO (R & M), EXXON MOBIL CORPORATION, Sunoco, Inc., Exxon Mobil Corporation. (Attachments: # 1 Exhibit Proposed Third-Party Complaint)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(Brown, Banks)
December 29, 20082203STIPULATION TO EXTEND PLAINTIFFS' TIME TO RESPOND TO NON-TSCA DEFENDANTS' MOTION TO DISMISS that plaintiffs' time to respond to Defendants' Motion to Dismiss is extended to 1/5/09 and Defendants shall serve their reply by 1/13/09. ( Replies due by 1/13/2009. Responses due by 1/13/2009) (Signed by Judge Shira A. Scheindlin on 12/24/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
December 29, 20082204Court Opinion or Order CASE MANAGEMENT ORDER NO.: this Case Management Order defines the scope of initial electronic discovery in the New Jersey Case. Additional discovery will be addressed in subsequent orders, and as further set forth in this document. The provisions of this Order allowing or requiring discovery shall not apply to any defendant that has filed, or timely does file, an objection to personal jurisdiction, while such objection is pending. (Signed by Judge Shira A. Scheindlin on 12/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
December 29, 20082205Court Opinion or Order CASE MANAGEMENT ORDER NO. 44: this Case Management Order sets forth preliminary procedures for initial discovery in the Puerto Rico Case. Additional discovery will be addressed in subsequent orders, and as further set forth in this document. The provisions of this Order allowing requiring discovery shall not apply to any defendant that has filed, or timely does file, an objection to personal jurisdiction, while such objection is pending. (Signed by Judge Shira A. Scheindlin on 12/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
December 29, 20082206CASE MANAGEMENT PLAN No. 45: this Case Management Order defines the scope of initial electronic discovery in the New Jersey case. Additional discovery will be addressed in subsequent orders, and as further set forth in this document. The provisions of this Order allowing or requiring discovery shall not apply to any defendant that has filed, or timely does file, an objection to personal jurisdiction, while such objection is pending. (Signed by Judge Shira A. Scheindlin on 12/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
January 5, 20092209Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE, INC TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT that the time to answer or otherwise respond to the Complaint is hereby extended to and including 3/31/09 for Rosemore Inc. Rosemore Inc. answer due 3/31/2009; Rosemore, Inc. answer due 3/31/2009. (Signed by Judge Shira A. Scheindlin on 1/5/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
January 6, 20092207NOTICE of that Mark A. Greenwood withdraws as counsel for defendant Huntsman Petrochemical Corporation re: 2198 Order,. Document filed by Huntsman Corporation. (Ertman, John)
January 6, 20092208NOTICE of that John Ertman withdraws as counsel for defendant Huntsman Petrochemical Corporation re: 2174 Order,. Document filed by Huntsman Corporation. (Ertman, John)
January 6, 20092210Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41, that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only, (Giant Industries, Inc, Western Refining, Inc, Western Refining Yorktown, Inc, formerly known as Giant Yorktown, Inc, Western Refining Company, L.P., and Western Refining Southwest, Inc., formerly known as Giant Industries Arizona, Inc and formerly doing business as Giant Refining Company),including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01719-SAS(cd)
January 6, 20092211Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants (see above re Giant) only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS(cd)
January 6, 20092212Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01721-SAS(cd)
January 6, 20092213Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01720-SAS(cd)
January 6, 20092214Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-01381-SAS(cd)
January 6, 20092215Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant) including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01725-SAS(cd)
January 6, 20092216Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of the action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-04018-SAS(cd)
January 6, 20092217Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant) including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03741-SAS(cd)
January 6, 20092218Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-08360-SAS(cd)
January 6, 20092219Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01726-SAS(cd)
January 6, 20092220Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giants) including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-09070-SAS(cd)
January 6, 20092221Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-05496-SAS(cd)
January 6, 20092222Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05422-SAS(cd)
January 6, 20092223Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Thomas P. Griesa on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09543-SAS(cd)
January 6, 20092224Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05423-SAS(cd)
January 6, 20092225Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05421-SAS(cd)
January 6, 20092226Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 6, 20092227Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03416-SAS(cd)
January 6, 20092228Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02068-SAS(cd)
January 6, 20092229Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03415-SAS(cd)
January 6, 20092230Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02388-SAS(cd)
January 6, 20092231Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS(cd)
January 6, 20092232Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giants), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02390-SAS(cd)
January 6, 20092233Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01727-SAS(cd)
January 6, 20092234Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant, including all claims and counterclaims, with prejudice. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09544-SAS(cd)
January 6, 20092235Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-06993-SAS(cd)
January 6, 20092236Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giants), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-01310-SAS(cd)
January 6, 20092237Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03418-SAS(cd)
January 6, 20092238Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41 that the parties to this Stipulation consent to the dismissal of this action as to Settling Defendants only (see above re Giant), including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02070-SAS(cd)
January 7, 20092239TRANSCRIPT of proceedings held on 12/11/08 before Judge Shira A. Scheindlin. (cd)
January 7, 20092240TRANSCRIPT of proceedings held on 12/22/08 before Judge Shira A. Scheindlin. (cd)
January 8, 20092241Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by and between the undersigned counsel for Plaintiffs New Jersey Department of Environmental Protection, et al. and Defendant Rosemore Inc. as follows: The time to answer or otherwise respond to the Complaint is hereby extended to and including March 31, 2009 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 1/8/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(jmi) Modified on 1/21/2009 (jmi).
January 9, 20092242SUGGESTION OF BANKRUPTCY upon the record as to Lyondell Chemical Company and Equistar Chemicals, LP. Document filed by Equistar Chemicals, L.P.,, Lyondell Chemical Company,, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Company,, Equistar Chemicals, LP, Equistar Chemicals, L.P., Lyondell Chemical Co., Lyondell Chemical Co., Equistar Chemicals L.P., Lyondell Chemical Co., Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Co., Lyondell Chemical Company, Lyondell Chemical Co, Equistar Chemicals, LP, Lyondell Chemical Company, Lyondell Chemical Corporation, 7-Eleven, Inc.,, Equistar Chemicals,L.P., Lyondell Ccemical Company, Equistar Chemicals, L.P., Lyondell Chemical Company, Equistar Chemicals LP, Lyondell Chemical Company, Lyondell Chemical Company, Equistar Chemicals, LP, Lynondell Chemical CompanyAssociated Cases: 1:00-cv-01898-SAS-DCF et al.(Paz, Inbal)
January 12, 20092243SUGGESTION OF BANKRUPTCY upon the record as to Lyondell Chemical Company and Equistar Chemicals, LP. Document filed by Equistar Chemicals, L.P., Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Corporation, Lydondell Chemical Company, Lyondell Chemical Company, Equistar Chemicals, LP, Lynondell Chemical Company, Lyondell Chemical CompanyAssociated Cases: 1:00-cv-01898-SAS-DCF et al.(Paz, Inbal)
January 13, 20092244CASE MANAGEMENT PLAN #46: In the City of NY case, employees of the parties who will testify as experts must be disclosed at the same time as other experts. If the employees are not retained under Rule 26, they do not need to furnish an expert report. In the Orange County case, the three plumes that plaintiffs dismissed from defendants' selection of ten focus plumes are dismissed without prejudice because the claims relating to those plumes are not ripe. Plaintiffs will not dismiss all claims relating to the seven remaining plumes on defendants' list. Defendants will select three more focus plumes by 12/19/08 and plaintiffs will inform defendants by 1/7/09 whether plaintiffs' claims relating to the selected plumes are ripe. In the New Jersey case, the parties will provide discovery of all readily available electronic data by 2/6/09, including all electronically stored site file information. Because no "focus plumes" have been selected, this discovery is statewide. Plaintiffs may not redact information in the site files relating to tests for other contaminants. The next status conference is scheduled for 1/15/09 at 10:30 am. The following status conference is scheduled for 2/26/09 at 4:30 pm. Status Conference set for 2/26/2009 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 1/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
January 13, 20092245REPLY MEMORANDUM OF LAW in Support re: (2177 in 1:00-cv-01898-SAS-DCF, 2177 in 1:00-cv-01898-SAS-DCF) MOTION to Dismiss. MOTION in the alternative, to decline to exercise supplemental jurisdiction over the non-tsca claims.. Document filed by Marathon Oil Company, Marathon Oil Company, Hess Energy, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
January 15, 20092246MOTION to Dismiss Plaintiffs' Motion for Voluntary Dismissal Without Prejudice Pursuant to FRCP 41(a)(2) and Proposed Order Granting Motion for Voluntary Dismissal Pursuant to FRCP 41(a)(2). Document filed by People of The State of California.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(Franco, Richard)
January 15, 20092247MOTION to Dismiss the complaints with prejudice and awarding Yorktown its costs and attorneys' fees. Document filed by Giant Yorktown, Inc.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-07764-SAS, 1:08-cv-07766-SAS(cd)
January 20, 20092248FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time to File Motions for Summary Judgment. Document filed by Ultramar Energy, Inc., Ultramar Limited.(Connelly, Michael) Modified on 1/21/2009 (db).
January 20, 2009 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 2248 HAS BEEN REJECTED. Note to Attorney Michael Coy Connelly: THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
January 23, 20092249AMENDED ANSWER to (1 in 1:08-cv-07766-SAS) Complaint,,,,,,, (1 in 1:07-cv-02405-SAS) Complaint,,,,,, (1 in 1:07-cv-02406-SAS) Complaint,,,,,, (1 in 1:08-cv-07764-SAS) Complaint,,,,,,, (1 in 1:07-cv-02407-SAS) Complaint,,,,,, (1 in 1:07-cv-02403-SAS) Complaint,,,,,, (1 in 1:08-cv-00278-SAS) Complaint,,,,,,. Document filed by Huntsman Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Edwards, Sarah)
January 26, 20092250Court Opinion or Order ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS granting (191) Motion for Settlement in case 1:03-cv-09050-SAS for an amount to be determined by the Honorable Samule G. Fredman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from Sunoco to the Plaintiffs in full settlement and discharge, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
January 26, 20092251Court Opinion or Order ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS granting (183) Motion for Settlement in case 1:03-cv-09050-SAS that on behalf of William DeSpirito, against Defendants Sunoco Inc and Sunoco (R&M) for an amount to be determined by the Honorable Samule G. Fredman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from Sunoco to the Plaintiffs in full settlement and as further set forth in this document.. (Signed by Judge Shira A. Scheindlin on 1/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
January 26, 20092252Court Opinion or Order ORDER APPROVING SETTLEMENT OF ACTON ON BEHALF OF INFANTS granting (187) Motion for Settlement in case 1:03-cv-09050-SAS for and on behalf of Richard Shrieve and Derrike Shrieve, against Defendants Sunoco, Inc and Sunoco, (R&M) for an amount to be determined by the Honorable Samuel G. Fredman, the special Settlement Master retained by Plaintiff to allocate the Aggregate Settlement Payment from Sunoco, and as further set forht in this action. (Signed by Judge Shira A. Scheindlin on 1/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
January 26, 20092253Court Opinion or Order ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS granting (179) Motion for Settlement in case 1:03-cv-09050-SAS for and on behalf of Elizabeth Guadalupe and Luis Guadalupe against Defendants Sunoco, Inc and Sunoco (R&M) for an amount to be determined by the Honorable Samule G. Fredman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from Sunoco to the Plaintiffs in full settlement, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
January 26, 20092254Court Opinion or Order ORDER GRANTING SUBSTITUTION OF COUNSEL that The Sarcone Law Firm by John A. Sarcone and Miller Axline & Sawyer by Duane C. Miller substitute as counsel for the Law Offices of Peter D. Hoffman for plaintiffs Chris and Tracie DeSpirito in the Basso, et al matter. (Signed by Judge Shira A. Scheindlin on 12/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
January 26, 20092279TRANSCRIPT of proceedings held on 1/15/09 before Judge Shira A. Scheindlin. (cd)
January 31, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (5 in 1:06-cv-05911-SAS, 23 in 1:04-cv-04975-SAS, 28 in 1:04-cv-01722-SAS, 4 in 1:06-cv-05930-SAS, 5 in 1:06-cv-05962-SAS, 52 in 1:03-cv-10057-SAS, 76 in 1:04-cv-02389-SAS, 4 in 1:06-cv-05943-SAS, 11 in 1:06-cv-03741-SAS, 28 in 1:04-cv-05421-SAS, 5 in 1:06-cv-05938-SAS, 67 in 1:03-cv-09050-SAS, 50 in 1:04-cv-01721-SAS, 5 in 1:06-cv-05927-SAS, 28 in 1:04-cv-02060-SAS, 17 in 1:04-cv-01724-SAS, 25 in 1:04-cv-02062-SAS, 4 in 1:06-cv-05948-SAS, 51 in 1:03-cv-10051-SAS, 11 in 1:08-cv-00312-SAS, 4 in 1:06-cv-05961-SAS, 25 in 1:04-cv-03419-SAS, 46 in 1:04-cv-03417-SAS, 4 in 1:06-cv-05937-SAS, 8 in 1:07-cv-04009-SAS, 5 in 1:06-cv-05925-SAS, 2 in 1:08-cv-06306-SAS, 50 in 1:03-cv-10056-SAS, 32 in 1:04-cv-02068-SAS, 4 in 1:06-cv-05951-SAS, 5 in 1:06-cv-05913-SAS, 33 in 1:06-cv-05496-SAS, 51 in 1:04-cv-01719-SAS, 5 in 1:06-cv-05949-SAS, 4 in 1:06-cv-05926-SAS, 4 in 1:06-cv-05920-SAS, 29 in 1:04-cv-03420-SAS, 16 in 1:04-cv-02056-SAS, 35 in 1:04-cv-02070-SAS, 62 in 1:03-cv-09544-SAS, 5 in 1:06-cv-05956-SAS, 16 in 1:06-cv-03753-SAS, 5 in 1:06-cv-05907-SAS, 6 in 1:05-cv-10259-SAS, 4 in 1:06-cv-05914-SAS, 47 in 1:04-cv-01716-SAS, 4 in 1:06-cv-05945-SAS, 5 in 1:06-cv-05912-SAS, 30 in 1:04-cv-03416-SAS, 27 in 1:04-cv-04974-SAS, 76 in 1:03-cv-08248-SAS, 8 in 1:06-cv-03750-SAS, 23 in 1:04-cv-03415-SAS, 5 in 1:06-cv-05942-SAS, 6 in 1:06-cv-00877-SAS, 8 in 1:07-cv-04011-SAS, 4 in 1:06-cv-05916-SAS, 27 in 1:04-cv-03412-SAS, 4 in 1:06-cv-05922-SAS, 5 in 1:07-cv-08360-SAS, 63 in 1:04-cv-04972-SAS, 43 in 1:04-cv-03418-SAS, 8 in 1:06-cv-03751-SAS, 30 in 1:04-cv-01727-SAS, 16 in 1:04-cv-04990-SAS, 61 in 1:04-cv-04968-SAS, 4 in 1:06-cv-05958-SAS, 9 in 1:06-cv-01381-SAS, 8 in 1:08-cv-00278-SAS, 5 in 1:06-cv-05939-SAS, 5 in 1:07-cv-06848-SAS, 5 in 1:06-cv-05932-SAS, 10 in 1:05-cv-09070-SAS, 19 in 1:07-cv-10470-SAS, 26 in 1:04-cv-01723-SAS, 3 in 1:07-cv-09453-SAS, 5 in 1:06-cv-05957-SAS, 4 in 1:06-cv-05928-SAS, 48 in 1:04-cv-02390-SAS, 50 in 1:03-cv-10055-SAS, 30 in 1:04-cv-05422-SAS, 5 in 1:06-cv-05923-SAS, 25 in 1:04-cv-04969-SAS, 50 in 1:03-cv-10053-SAS, 66 in 1:07-cv-02405-SAS, 26 in 1:04-cv-02059-SAS, 5 in 1:06-cv-05955-SAS, 54 in 1:04-cv-01720-SAS, 28 in 1:04-cv-02066-SAS, 4 in 1:06-cv-05915-SAS, 18 in 1:04-cv-02055-SAS, 4 in 1:06-cv-05941-SAS, 45 in 1:04-cv-01718-SAS, 8 in 1:07-cv-04012-SAS, 49 in 1:03-cv-10052-SAS, 8 in 1:06-cv-03754-SAS, 8 in 1:06-cv-03742-SAS, 49 in 1:03-cv-10054-SAS, 36 in 1:04-cv-06993-SAS, 5 in 1:06-cv-05931-SAS, 23 in 1:04-cv-02067-SAS, 4 in 1:06-cv-05917-SAS, 4 in 1:06-cv-05953-SAS, 5 in 1:06-cv-05901-SAS, 8 in 1:06-cv-03752-SAS, 36 in 1:04-cv-02053-SAS, 5 in 1:06-cv-05959-SAS, 29 in 1:04-cv-05423-SAS, 5 in 1:06-cv-05963-SAS, 26 in 1:04-cv-03413-SAS, 49 in 1:04-cv-02388-SAS, 16 in 1:04-cv-04973-SAS, 4 in 1:06-cv-05946-SAS, 6 in 1:06-cv-05903-SAS, 15 in 1:04-cv-02057-SAS, 4 in 1:06-cv-05952-SAS, 5 in 1:06-cv-05950-SAS, 4 in 1:06-cv-05947-SAS, 4 in 1:06-cv-05933-SAS, 17 in 1:04-cv-04971-SAS, 4 in 1:06-cv-05954-SAS, 4 in 1:06-cv-05919-SAS, 67 in 1:03-cv-09543-SAS, 5 in 1:06-cv-05902-SAS, 4 in 1:06-cv-05924-SAS, 243 in 1:04-cv-05424-SAS, 10 in 1:05-cv-04018-SAS, 42 in 1:04-cv-04970-SAS, 4 in 1:06-cv-05960-SAS, 29 in 1:04-cv-01726-SAS, 26 in 1:04-cv-02061-SAS, 54 in 1:04-cv-01725-SAS, 1962 in 1:00-cv-01898-SAS-DCF, 5 in 1:06-cv-05906-SAS, 4 in 1:06-cv-05921-SAS, 5 in 1:06-cv-01379-SAS, 5 in 1:06-cv-05905-SAS, 32 in 1:04-cv-02072-SAS, 5 in 1:06-cv-05940-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo)
January 31, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (6 in 1:07-cv-06848-SAS, 5 in 1:06-cv-05915-SAS, 9 in 1:06-cv-03751-SAS, 9 in 1:08-cv-00278-SAS, 5 in 1:06-cv-05941-SAS, 10 in 1:06-cv-01381-SAS, 5 in 1:06-cv-05945-SAS, 5 in 1:06-cv-05919-SAS, 52 in 1:03-cv-10051-SAS, 37 in 1:04-cv-06993-SAS, 11 in 1:05-cv-09070-SAS, 55 in 1:04-cv-01720-SAS, 49 in 1:04-cv-02390-SAS, 17 in 1:04-cv-02056-SAS, 5 in 1:06-cv-05961-SAS, 24 in 1:04-cv-02067-SAS, 17 in 1:04-cv-04973-SAS, 9 in 1:06-cv-03750-SAS, 27 in 1:04-cv-01723-SAS, 5 in 1:06-cv-05947-SAS, 67 in 1:07-cv-02405-SAS, 24 in 1:04-cv-04975-SAS, 9 in 1:06-cv-03752-SAS, 3 in 1:08-cv-06306-SAS, 5 in 1:06-cv-05937-SAS, 6 in 1:06-cv-05938-SAS, 68 in 1:03-cv-09050-SAS, 24 in 1:04-cv-03415-SAS, 6 in 1:06-cv-05923-SAS, 26 in 1:04-cv-02062-SAS, 55 in 1:04-cv-01725-SAS, 6 in 1:06-cv-05962-SAS, 28 in 1:04-cv-03412-SAS, 50 in 1:03-cv-10054-SAS, 4 in 1:07-cv-09453-SAS, 26 in 1:04-cv-04969-SAS, 6 in 1:06-cv-05963-SAS, 6 in 1:06-cv-05949-SAS, 47 in 1:04-cv-03417-SAS, 51 in 1:03-cv-10055-SAS, 5 in 1:06-cv-05926-SAS, 31 in 1:04-cv-05422-SAS, 20 in 1:07-cv-10470-SAS, 6 in 1:06-cv-01379-SAS, 30 in 1:04-cv-05423-SAS, 43 in 1:04-cv-04970-SAS, 12 in 1:08-cv-00312-SAS, 5 in 1:06-cv-05954-SAS, 62 in 1:04-cv-04968-SAS, 6 in 1:06-cv-05956-SAS, 5 in 1:06-cv-05953-SAS, 6 in 1:06-cv-05932-SAS, 17 in 1:04-cv-04990-SAS, 6 in 1:06-cv-05931-SAS, 1963 in 1:00-cv-01898-SAS-DCF, 7 in 1:06-cv-05903-SAS, 77 in 1:04-cv-02389-SAS, 46 in 1:04-cv-01718-SAS, 5 in 1:06-cv-05920-SAS, 37 in 1:04-cv-02053-SAS, 6 in 1:06-cv-05907-SAS, 6 in 1:06-cv-05902-SAS, 34 in 1:06-cv-05496-SAS, 6 in 1:06-cv-05940-SAS, 5 in 1:06-cv-05958-SAS, 29 in 1:04-cv-02066-SAS, 5 in 1:06-cv-05914-SAS, 5 in 1:06-cv-05952-SAS, 30 in 1:04-cv-03420-SAS, 5 in 1:06-cv-05924-SAS, 51 in 1:04-cv-01721-SAS, 6 in 1:06-cv-05942-SAS, 63 in 1:03-cv-09544-SAS, 16 in 1:04-cv-02057-SAS, 27 in 1:04-cv-03413-SAS, 27 in 1:04-cv-02059-SAS, 26 in 1:04-cv-03419-SAS, 52 in 1:04-cv-01719-SAS, 33 in 1:04-cv-02068-SAS, 6 in 1:06-cv-05901-SAS, 19 in 1:04-cv-02055-SAS, 5 in 1:06-cv-05951-SAS, 5 in 1:06-cv-05922-SAS, 31 in 1:04-cv-01727-SAS, 33 in 1:04-cv-02072-SAS, 7 in 1:06-cv-00877-SAS, 6 in 1:06-cv-05911-SAS, 44 in 1:04-cv-03418-SAS, 5 in 1:06-cv-05916-SAS, 6 in 1:06-cv-05913-SAS, 6 in 1:06-cv-05925-SAS, 17 in 1:06-cv-03753-SAS, 7 in 1:05-cv-10259-SAS, 51 in 1:03-cv-10056-SAS, 30 in 1:04-cv-01726-SAS, 36 in 1:04-cv-02070-SAS, 18 in 1:04-cv-04971-SAS, 5 in 1:06-cv-05960-SAS, 5 in 1:06-cv-05928-SAS, 68 in 1:03-cv-09543-SAS, 29 in 1:04-cv-02060-SAS, 6 in 1:06-cv-05905-SAS, 50 in 1:03-cv-10052-SAS, 11 in 1:05-cv-04018-SAS, 64 in 1:04-cv-04972-SAS, 29 in 1:04-cv-01722-SAS, 5 in 1:06-cv-05948-SAS, 6 in 1:06-cv-05906-SAS, 51 in 1:03-cv-10053-SAS, 50 in 1:04-cv-02388-SAS, 9 in 1:06-cv-03754-SAS, 9 in 1:07-cv-04011-SAS, 27 in 1:04-cv-02061-SAS, 6 in 1:06-cv-05927-SAS, 6 in 1:06-cv-05955-SAS, 5 in 1:06-cv-05943-SAS, 9 in 1:07-cv-04009-SAS, 6 in 1:06-cv-05939-SAS, 6 in 1:06-cv-05959-SAS, 48 in 1:04-cv-01716-SAS, 5 in 1:06-cv-05933-SAS, 29 in 1:04-cv-05421-SAS, 5 in 1:06-cv-05917-SAS, 9 in 1:07-cv-04012-SAS, 6 in 1:07-cv-08360-SAS, 5 in 1:06-cv-05946-SAS, 53 in 1:03-cv-10057-SAS, 244 in 1:04-cv-05424-SAS, 18 in 1:04-cv-01724-SAS, 5 in 1:06-cv-05921-SAS, 6 in 1:06-cv-05957-SAS, 77 in 1:03-cv-08248-SAS, 5 in 1:06-cv-05930-SAS, 31 in 1:04-cv-03416-SAS, 28 in 1:04-cv-04974-SAS, 6 in 1:06-cv-05912-SAS, 12 in 1:06-cv-03741-SAS, 6 in 1:06-cv-05950-SAS, 9 in 1:06-cv-03742-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo)
February 4, 20092255MOTION for Determination of Good Faith Settlement. Document filed by Crown Central Petroleum Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(cd)
February 4, 20092256DECLARATION of Ben Krowicki in Support re: (2255 in 1:00-cv-01898-SAS-DCF, 63 in 1:04-cv-02053-SAS) MOTION Determination of Good Faith Settlement.. Document filed by Crown Central Petroleum Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(cd)
February 4, 20092257MEMORANDUM OF LAW in Support re: (2255 in 1:00-cv-01898-SAS-DCF, 63 in 1:04-cv-02053-SAS) MOTION Determination of Good Faith Settlement.. Document filed by Crown Central Petroleum Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(cd)
February 11, 20092258Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that this action including all claims, counterclaims, and cross-claims of any kind is hereby dismissed with prejudice as to Sunoco. (Signed by Judge Shira A. Scheindlin on 2/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd)
February 11, 20092259Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that Sunoco and the Town of Highlands have advised the Court that they have resolved the matters between them pursuant to a Settlement Agreement and a Release...therefore, this action, and all claims counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice as to the Town of Highlands. (Signed by Judge Shira A. Scheindlin on 2/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
February 11, 20092260Court Opinion or Order ORDER that the deadline for defendants Ultramar Ltd or Ultramar Energy to file a summary judgment motion not requiring expert evidence is hereby extended from 1/19/09 to 3/9/09. ( Motion due by 3/9/2009.) (Signed by Judge Shira A. Scheindlin on 2/9/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
February 11, 20092282NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, AND STIPULATION AS TO WESTERN REFINING, INC.; this Action as to Defendant Western is dismissed, without prejudice, pursuant to FRCP 41(a)(1)(A)(i); and The Plaintiffs and Western agree that the Plaintiffs shall be responsible for their own costs and attorneys' fees based upon this Notice of Voluntary Dismissal and Stipulation regardless of whether the Plaintiffs further amend the complaint, or file a new judicial or administrative action to assert claims being voluntarily dismissed herein. If any court requires Plaintiffs to pay any costs and/or attorneys' fees of this Action to Western based upon this Notice of Voluntary Dismissal and Stipulation, Western agrees to indemnify and hold harmless the Plaintiffs for such costs and/or attorneys' fees. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ae)
February 12, 20092261RESPONSE to Defendants' Objection to Focus Well Trial Plan and Request for Single Trial of All Wells at Issue. Document filed by City of NY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
February 12, 20092266MOTION to Dismiss Plaintiff's Plant One Claims Based on The Doctrines of Res Judicata and Collateral Estoppel. Document filed by Chevron U.S.A., Inc. ExxonMobil Oil Corporation, Chevrontexaco Corporation et al.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00278-SAS(cd)
February 12, 20092267DECLARATION of Christopher Garvey in Support re: (32 in 1:08-cv-00278-SAS, 2266 in 1:00-cv-01898-SAS-DCF) MOTION to Dismiss.. Document filed by Chevron U.S.A., Inc., ExxonMobil Chemical Company, Inc.,, Chevrontexaco Corporation et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00278-SAS(cd)
February 12, 20092268MEMORANDUM OF LAW in Support re: (32 in 1:08-cv-00278-SAS, 2266 in 1:00-cv-01898-SAS-DCF) MOTION to Dismiss.. Document filed by Chevron U.S.A., Inc., ExxonMobil Oil Corporation, Chevrontexaco Corporation et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00278-SAS(cd)
February 13, 20092262Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE IT IS HEREBY ORDERED THAT: Sunoco and the Town of Highlands have advised the Court that they have resolved the matters between them pursuant to a Settlement Agreement and a Release. Pursuant to the Settlement Agreement, the settling parties consent to the dismissal with prejudice of the Town of Highlands from this action. No other parties have objected to the dismissal of the above entitled action with prejudice as to the Town of Highlands only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind is hereby dismissed with prejudice as to the Town of highlands. (Signed by Judge Shira A. Scheindlin on 2/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(mme)
February 13, 20092263Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: The Plaintiffs and Sunoco have 'advised the Court that they have resolved the matters between them pursuant to a Settlement Agreement and a Release. Pursuant to the Settlement Agreement, the settling parties consent to the dismissal with prejudice of Sunoco from this action. No other parties have objected to the dismissal of the above entitled action with prejudice as to Sunoco only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind, is hereby dismissed with prejudice as to Sunoco. (Signed by Judge Shira A. Scheindlin on 2/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(mme)
February 13, 20092264Court Opinion or Order ORDER DISMISSING QUATTROCCHI PLAINTIFFS' CLAIMS WITH PREJUDICE The Court hereby Grants the Quattrocchi Plaintiffs Motion and Orders: That the claims of Plaintiffs John Quattrocchi, Ann Quattrocchi John T. Quattrocchi, Damon Quattrocchi, and Elaina Quattrocchi against Defendants Sunoco, Inc. and Sunoco, Inc. (R&M) in the in the above-captioned action are hereby DISMISSED WITH PREJUDICE, each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 2/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(mme)
February 13, 20092265CASE MANAGEMENT PLAN No. 47: Dispositive Motions due by 4/20/2009. Responses due by 5/4/2009 Replies due by 5/11/2009. Expert Discovery due by 4/13/2009, see document for other deadlines. Joint Pretrial Order due by 6/1/2009. (Signed by Judge Shira A. Scheindlin on 2/11/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
February 18, 20092269Court Opinion or Order ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(2) granting (84) Motion to Dismiss in case 1:04-cv-04972-SAS; granting (2246) Motion to Dismiss in case 1:00-cv-01898-SAS-DCF., dismissing without prejudice Plaintiffs' action as to Defendants ExxonMobil Corporation, ExxonMobil Oil Corporation, Kern Oil & Refining co., 7-Eleven Inc and Circle-K Stores Inc., with each party to bear its own costs. This Order dismisses without prejudice all remaining claims in this action, however, this dismissal is without prejudice to the rights of California-American Water Company to pursue its pending claims in California-American Water Co v Atlantic Richfield et al, 04-4974.. (Signed by Judge Shira A. Scheindlin on 2/18/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(cd)
February 18, 20092270THE CHEVRON DEFENDANTS SIXTH AMENDED MASTER ANSWER to Complaint. Document filed by Chevron U.S.A., Inc., Chevron Phillips Chemical Company LLC.(cd)
February 18, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: 2271 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
February 19, 20092271Court Opinion or Order ORDER ADMITTING COUNSEL PRO HAC VICE. Attorney Daniel A. Eisenberg for Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc (R&M), Sunoco, Inc., Sunoco Inc R & M, Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco Inc,, Sunoco Inc R & M, Sunoco, Inc., Sunoco, Inc. (R & M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc (R&M), Sunoco, Inc., Sunoco, Inc (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), SFPP, L.P., Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc. and Sunoco, Inc. (R&M) admitted Pro Hac Vice, upon the deposit of the required $25 fee to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 2/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
February 19, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (21 in 1:06-cv-05927-SAS, 87 in 1:03-cv-09543-SAS, 21 in 1:06-cv-05963-SAS, 178 in 1:03-cv-08248-SAS, 49 in 1:04-cv-01726-SAS, 20 in 1:06-cv-05937-SAS, 50 in 1:04-cv-04974-SAS, 22 in 1:05-cv-10259-SAS, 70 in 1:04-cv-01721-SAS, 66 in 1:04-cv-02053-SAS, 26 in 1:05-cv-01310-SAS, 65 in 1:04-cv-04970-SAS, 74 in 1:04-cv-01725-SAS, 44 in 1:04-cv-03413-SAS, 264 in 1:04-cv-05424-SAS, 46 in 1:04-cv-02060-SAS, 20 in 1:06-cv-05941-SAS, 21 in 1:06-cv-05902-SAS, 50 in 1:04-cv-05422-SAS, 19 in 1:06-cv-05916-SAS, 21 in 1:06-cv-05950-SAS, 20 in 1:06-cv-05930-SAS, 26 in 1:06-cv-03751-SAS, 30 in 1:05-cv-09070-SAS, 39 in 1:04-cv-02067-SAS, 84 in 1:07-cv-02403-SAS, 20 in 1:06-cv-05917-SAS, 44 in 1:04-cv-02066-SAS, 21 in 1:06-cv-01379-SAS, 69 in 1:03-cv-10055-SAS, 51 in 1:04-cv-02072-SAS, 43 in 1:04-cv-02062-SAS, 34 in 1:04-cv-04973-SAS, 50 in 1:04-cv-03416-SAS, 21 in 1:06-cv-05940-SAS, 28 in 1:07-cv-04012-SAS, 44 in 1:04-cv-02059-SAS, 21 in 1:06-cv-05939-SAS, 87 in 1:04-cv-04972-SAS, 20 in 1:06-cv-10205-SAS, 20 in 1:06-cv-05926-SAS, 21 in 1:06-cv-05931-SAS, 44 in 1:04-cv-03419-SAS, 52 in 1:04-cv-02068-SAS, 34 in 1:04-cv-02056-SAS, 28 in 1:08-cv-07766-SAS, 36 in 1:04-cv-02055-SAS, 20 in 1:06-cv-05948-SAS, 21 in 1:06-cv-05905-SAS, 20 in 1:06-cv-05961-SAS, 29 in 1:07-cv-04009-SAS, 21 in 1:06-cv-05907-SAS, 20 in 1:06-cv-05952-SAS, 20 in 1:06-cv-05922-SAS, 43 in 1:04-cv-03415-SAS, 21 in 1:06-cv-05913-SAS, 21 in 1:06-cv-05932-SAS, 30 in 1:05-cv-04018-SAS, 20 in 1:06-cv-05953-SAS, 20 in 1:06-cv-05933-SAS, 54 in 1:04-cv-02070-SAS, 21 in 1:06-cv-05901-SAS, 20 in 1:06-cv-05943-SAS, 33 in 1:04-cv-02057-SAS, 46 in 1:04-cv-04975-SAS, 20 in 1:06-cv-05960-SAS, 2271 in 1:00-cv-01898-SAS-DCF, 68 in 1:03-cv-10056-SAS, 48 in 1:04-cv-04969-SAS, 21 in 1:06-cv-05911-SAS, 84 in 1:07-cv-02407-SAS, 21 in 1:06-cv-05938-SAS, 26 in 1:06-cv-03742-SAS, 63 in 1:04-cv-01716-SAS, 21 in 1:07-cv-09453-SAS, 71 in 1:04-cv-03417-SAS, 26 in 1:07-cv-06848-SAS, 20 in 1:06-cv-05921-SAS, 65 in 1:04-cv-01718-SAS, 20 in 1:06-cv-05914-SAS, 42 in 1:08-cv-00312-SAS, 29 in 1:08-cv-07764-SAS, 28 in 1:07-cv-04011-SAS, 21 in 1:06-cv-05956-SAS, 74 in 1:04-cv-01720-SAS, 20 in 1:06-cv-05945-SAS, 46 in 1:04-cv-01722-SAS, 69 in 1:04-cv-02388-SAS, 20 in 1:06-cv-05946-SAS, 66 in 1:03-cv-10054-SAS, 68 in 1:03-cv-10052-SAS, 20 in 1:06-cv-05919-SAS, 21 in 1:06-cv-05962-SAS, 82 in 1:03-cv-09544-SAS, 50 in 1:07-cv-10470-SAS, 62 in 1:04-cv-03418-SAS, 96 in 1:04-cv-02389-SAS, 84 in 1:07-cv-02406-SAS, 90 in 1:07-cv-02405-SAS, 44 in 1:04-cv-01723-SAS, 22 in 1:06-cv-00877-SAS, 35 in 1:08-cv-00278-SAS, 20 in 1:06-cv-05928-SAS, 54 in 1:06-cv-05496-SAS, 35 in 1:04-cv-01724-SAS, 49 in 1:04-cv-05423-SAS, 24 in 1:07-cv-08360-SAS, 43 in 1:04-cv-02061-SAS, 56 in 1:04-cv-06993-SAS, 20 in 1:06-cv-05951-SAS, 20 in 1:06-cv-05958-SAS, 48 in 1:04-cv-05421-SAS, 29 in 1:06-cv-01381-SAS, 67 in 1:03-cv-10053-SAS, 21 in 1:06-cv-05912-SAS, 82 in 1:04-cv-04968-SAS, 26 in 1:06-cv-03750-SAS, 68 in 1:04-cv-02390-SAS, 20 in 1:06-cv-05915-SAS, 20 in 1:06-cv-05920-SAS, 26 in 1:06-cv-03752-SAS, 34 in 1:04-cv-04990-SAS, 34 in 1:04-cv-04971-SAS, 21 in 1:06-cv-05942-SAS, 20 in 1:06-cv-05947-SAS, 21 in 1:06-cv-05923-SAS, 206 in 1:03-cv-09050-SAS, 68 in 1:03-cv-10051-SAS, 21 in 1:06-cv-05957-SAS, 69 in 1:03-cv-10057-SAS, 21 in 1:06-cv-05949-SAS, 31 in 1:06-cv-03741-SAS, 22 in 1:06-cv-05903-SAS, 35 in 1:06-cv-03753-SAS, 50 in 1:04-cv-01727-SAS, 21 in 1:06-cv-05959-SAS, 26 in 1:06-cv-03754-SAS, 71 in 1:04-cv-01719-SAS, 20 in 1:06-cv-05924-SAS, 21 in 1:06-cv-05955-SAS, 45 in 1:04-cv-03412-SAS, 21 in 1:06-cv-05906-SAS, 21 in 1:06-cv-05925-SAS, 47 in 1:04-cv-03420-SAS, 22 in 1:08-cv-06306-SAS, 20 in 1:06-cv-05954-SAS) Order Admitting Attorney Pro Hac Vice,,,,,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
February 20, 20092272NOTICE OF APPEARANCE by Grace Leigh Chan on behalf of El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, El Paso Merchant Energy-Petroleum Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, El Paso Merchant Energy -Petroleum Company, El Paso Merchant Energy Petroleum Company, El Paso Merchant Energy-Petroleum Company, El Paso Merchant Energey-Petroleum Company, El Paso Merchant Energy-Petroleum Company, El Paso Merchant Energy -Petroleum Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Piont Oil Company Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Chan, Grace)
February 23, 20092273CASE MANAGEMENT PLAN #48: re rulings of the 1/15/09 status conference. In the City of NY case, the City will select 200 log entries from Shell's Phase 2 attorney-client privilege logs. In all cases in which either Lyondell or Equistar is a defendant, the parties may submit briefing on (a) whether these defendants, who recently filed suggestions of bankruptcy, are immune to suit in light of the automatic bankruptcy stay and (b) whether the district court has jurisdiction to resolve this issue. On the jurisdictional issue, the parties shall file simultaneous briefs by 1/30/09, and responses by 2/16/09. On the merits issue, the plaintiffs shall submit moving papers by 2/6/09, the defendants shall respond by 2/27/09, and the plaintiffs' reply is due by 3/6/09....The next status conference is scheduled for 2/26/09 at 4:30 pm. Motion due by 2/6/2009. Response due by 2/27/2009. Reply due by 3/6/2009. Status Conference set for 2/26/2009 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 2/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
February 25, 20092274Court Opinion or Order ORDER ADMITTING ATTORNEY COUNSEL PRO HAC VICE that Debra S. Rosen, is hereby admitted to practice before this Court pro hac vice of Archer & Greiner, PC to represent third-party witness Leggett, Brashears & Graham in this civil action upon the deposit of the required $25.00 fee per applicant to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 2/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
February 25, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (52 in 1:04-cv-05423-SAS, 23 in 1:06-cv-05960-SAS, 181 in 1:03-cv-08248-SAS, 37 in 1:04-cv-04990-SAS, 66 in 1:04-cv-01716-SAS, 31 in 1:08-cv-07766-SAS, 53 in 1:04-cv-05422-SAS, 33 in 1:05-cv-04018-SAS, 73 in 1:04-cv-01721-SAS, 23 in 1:06-cv-05928-SAS, 32 in 1:08-cv-07764-SAS, 34 in 1:06-cv-03741-SAS, 25 in 1:05-cv-10259-SAS, 27 in 1:07-cv-08360-SAS, 85 in 1:04-cv-04968-SAS, 68 in 1:04-cv-04970-SAS, 23 in 1:06-cv-05945-SAS, 71 in 1:03-cv-10051-SAS, 24 in 1:06-cv-05911-SAS, 24 in 1:06-cv-05931-SAS, 37 in 1:04-cv-04971-SAS, 32 in 1:06-cv-01381-SAS, 90 in 1:04-cv-04972-SAS, 23 in 1:06-cv-10205-SAS, 267 in 1:04-cv-05424-SAS, 39 in 1:04-cv-02055-SAS, 23 in 1:06-cv-05952-SAS, 29 in 1:06-cv-03752-SAS, 24 in 1:06-cv-05938-SAS, 77 in 1:04-cv-01720-SAS, 23 in 1:06-cv-05946-SAS, 23 in 1:06-cv-05958-SAS, 23 in 1:06-cv-05948-SAS, 25 in 1:08-cv-06306-SAS, 68 in 1:04-cv-01718-SAS, 52 in 1:04-cv-01726-SAS, 29 in 1:05-cv-01310-SAS, 23 in 1:06-cv-05915-SAS, 23 in 1:06-cv-05922-SAS, 53 in 1:07-cv-10470-SAS, 24 in 1:06-cv-05925-SAS, 24 in 1:06-cv-05901-SAS, 23 in 1:06-cv-05933-SAS, 53 in 1:04-cv-01727-SAS, 93 in 1:07-cv-02405-SAS, 59 in 1:04-cv-06993-SAS, 77 in 1:04-cv-01725-SAS, 33 in 1:05-cv-09070-SAS, 38 in 1:04-cv-01724-SAS, 29 in 1:06-cv-03750-SAS, 23 in 1:06-cv-05924-SAS, 37 in 1:04-cv-04973-SAS, 31 in 1:07-cv-04011-SAS, 47 in 1:04-cv-01723-SAS, 38 in 1:06-cv-03753-SAS, 50 in 1:04-cv-03420-SAS, 47 in 1:04-cv-03419-SAS, 36 in 1:04-cv-02057-SAS, 51 in 1:04-cv-04969-SAS, 71 in 1:03-cv-10052-SAS, 31 in 1:07-cv-04012-SAS, 24 in 1:06-cv-05959-SAS, 23 in 1:06-cv-05953-SAS, 24 in 1:06-cv-01379-SAS, 23 in 1:06-cv-05961-SAS, 72 in 1:04-cv-02388-SAS, 45 in 1:08-cv-00312-SAS, 22 in 1:06-cv-05916-SAS, 25 in 1:06-cv-05903-SAS, 23 in 1:06-cv-05930-SAS, 24 in 1:06-cv-05940-SAS, 70 in 1:03-cv-10053-SAS, 47 in 1:04-cv-02066-SAS, 23 in 1:06-cv-05921-SAS, 72 in 1:03-cv-10055-SAS, 69 in 1:04-cv-02053-SAS, 23 in 1:06-cv-05917-SAS, 42 in 1:04-cv-02067-SAS, 54 in 1:04-cv-02072-SAS, 47 in 1:04-cv-02059-SAS, 25 in 1:06-cv-00877-SAS, 24 in 1:06-cv-05962-SAS, 57 in 1:04-cv-02070-SAS, 90 in 1:03-cv-09543-SAS, 49 in 1:04-cv-01722-SAS, 74 in 1:04-cv-03417-SAS, 53 in 1:04-cv-03416-SAS, 46 in 1:04-cv-03415-SAS, 85 in 1:03-cv-09544-SAS, 23 in 1:06-cv-05920-SAS, 29 in 1:07-cv-06848-SAS, 23 in 1:06-cv-05919-SAS, 87 in 1:07-cv-02406-SAS, 71 in 1:03-cv-10056-SAS, 47 in 1:04-cv-03413-SAS, 65 in 1:04-cv-03418-SAS, 87 in 1:07-cv-02403-SAS, 24 in 1:06-cv-05956-SAS, 57 in 1:06-cv-05496-SAS, 24 in 1:06-cv-05942-SAS, 24 in 1:06-cv-05963-SAS, 209 in 1:03-cv-09050-SAS, 23 in 1:06-cv-05954-SAS, 29 in 1:06-cv-03754-SAS, 53 in 1:04-cv-04974-SAS, 23 in 1:06-cv-05947-SAS, 48 in 1:04-cv-03412-SAS, 23 in 1:06-cv-05937-SAS, 38 in 1:08-cv-00278-SAS, 24 in 1:06-cv-05949-SAS, 24 in 1:06-cv-05913-SAS, 2274 in 1:00-cv-01898-SAS-DCF, 49 in 1:04-cv-04975-SAS, 24 in 1:06-cv-05955-SAS, 24 in 1:06-cv-05932-SAS, 29 in 1:06-cv-03742-SAS, 32 in 1:07-cv-04009-SAS, 23 in 1:06-cv-05943-SAS, 24 in 1:07-cv-09453-SAS, 49 in 1:04-cv-02060-SAS, 24 in 1:06-cv-05905-SAS, 24 in 1:06-cv-05906-SAS, 99 in 1:04-cv-02389-SAS, 24 in 1:06-cv-05902-SAS, 74 in 1:04-cv-01719-SAS, 23 in 1:06-cv-05914-SAS, 24 in 1:06-cv-05907-SAS, 24 in 1:06-cv-05927-SAS, 87 in 1:07-cv-02407-SAS, 24 in 1:06-cv-05957-SAS, 24 in 1:06-cv-05939-SAS, 55 in 1:04-cv-02068-SAS, 23 in 1:06-cv-05951-SAS, 72 in 1:03-cv-10057-SAS, 37 in 1:04-cv-02056-SAS, 23 in 1:06-cv-05941-SAS, 71 in 1:04-cv-02390-SAS, 51 in 1:04-cv-05421-SAS, 24 in 1:06-cv-05912-SAS, 24 in 1:06-cv-05923-SAS, 29 in 1:06-cv-03751-SAS, 46 in 1:04-cv-02062-SAS, 4 in 1:09-cv-01419-SAS, 46 in 1:04-cv-02061-SAS, 23 in 1:06-cv-05926-SAS, 24 in 1:06-cv-05950-SAS, 69 in 1:03-cv-10054-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
February 25, 20092275Court Opinion or Order ORDER granting (63) Motion in case 1:04-cv-02053-SAS; granting (2255) Motion in case 1:00-cv-01898-SAS-DCF. The clerk is directed to enter judgment on the issue of the determination that the Settlement Agreement dated 9/5/08 is a good faith settlement under the law of the State of Illinois and that Crown is therefore protected from tortfeasor claims as set forth herein. (Signed by Judge Shira A. Scheindlin on 2/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(cd)
February 25, 2009 Transmission to Judgments and Orders Clerk. Transmitted re: (70 in 1:04-cv-02053-SAS, 2275 in 1:00-cv-01898-SAS-DCF) Order on Motion for Miscellaneous Relief,, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(cd)
February 27, 2009 CASHIERS OFFICE REMARK in the amount of $50.00, paid on 01/27/2009, Receipt Number 676338. Payment Pro Hac Vice for Allan C. Sullivan and Amber M. Mettler (jd)
February 27, 20092276RULE 54(B) CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated February 25, 2009, there is no just reason for delay, pursuant to Fed. R. Civ. 54(b), Crown's Motion for Determination of Good Faith Settlement is granted and judgment is entered on the issue of the determination that the Settlement Agreement dated September 5, 2008 is a good faith settlement under the laws of the State of Illinois and that Crown is therefore protected from joint tortfeasor claims as set forth in the Order dated December 10, 2008.. (Signed by J. Michael McMahon, clerk on 2/27/09) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(ml)
February 27, 20092277CASE MANAGEMENT PLAN #49: Dispositive Motions due by 9/11/2009. Responses due by 10/1/2009 Replies due by 10/16/2009. Fact and Expert Discovery due by 9/17/2009, see document for other deadlines. (Signed by Judge Shira A. Scheindlin on 2/26/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01726-SAS(cd)
February 27, 20092278CASE MANAGEMENT PLAN No. 50: Dispositive Motions due by 9/25/2009. Responses due by 10/15/2009 Replies due by 10/30/2009. Fact and Expert Discovery due by 9/17/2009, see document for other deadlines. Proposed Pretrial Order due by 11/23/2009. Jury trial set for 12/9/09. (Signed by Judge Shira A. Scheindlin on 2/26/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03416-SAS(cd)
March 5, 20092280Court Opinion or Order STIPULATION AND ORDER GRANTING SUBSTITUTION OF COUNSEL that Downey Brand LLP replaces Spencer T. Malysiak Law Corporation as attorneys for New West Petroleum and New West Petroleum, LLC. (Signed by Judge Shira A. Scheindlin on 3/5/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(cd)
March 5, 20092281Court Opinion or Order STIPULATION AND ORDER DISMISSING PLANT ONE CLAIMS AGAINST CERTAIN DEFENDANTS. IT IS EXPRESSLY STIPULATED AND AGREED that nothing in this Stipulation or in any agreement between the stipulating parties shall affect in any fashion the parties' rights or positions in an ongoing appeal pending under docket numbers 2008-3108 and 2008-1629 in the Supreme Court of the State of New York, Appellate Division: Second Department of a Trial Verdict and subsequent Judgment entered thereupon of the Supreme Court of the State of New York, County of Nassau, between any of the stipulating parties. In support of this stipulation and the order sought thereby, the undersigned counsel for Plaintiff and for the Stipulating Defendants expressly state as follows: That based on the Supreme Court of the State of New York, County of Nassau's March 11, 2004 Short Form Order dismissing all of Plaintiff's claims against Chevron U.S.A., Inc. (incorrectly named as Chevron Texaco Corporation) under CPLR 3211 for failure to state a claim, Plaintiff voluntarily dismisses all Plant One Claims against Defendant Chevron in the above-captioned matter; That Plaintiff voluntarily dismisses its Plant One Claims only against Defendants ExxonMobil, GOLP, and Shell in the above-captioned matter because these claims were adjudicated by the Supreme Court of the State of New York, County of Nassau's Trial Order and subsequently-entered Judgment in Plainview Water District. v. Exxon Mobil Corp., et al., 856 N.Y.S.2d 502, 2008 WL 220192, No. 9975/01 (N.Y. Sup. Ct. Jan. 9, 2008); and That Plaintiff reserves all remaining claims (i.e., claims not related to its Plant One wells) alleged in its complaint against these Stipulating Defendants, and Stipulating Defendants reserve all defenses asserted in their Master Answers relating thereto. Relates to 00-1898, 08-9667, M21-88. (Signed by Judge Shira A. Scheindlin on 3/5/09) (rjm)
March 6, 2009 CASHIERS OFFICE REMARK on 2274 Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 02/26/2009, Receipt Number 679857. (jd)
March 6, 20092283Court Opinion or Order ORDER the Clerk of Court is directed to close the following motions on the master docket for MDL 1358, No. 00-1898: ##1841, 1971, 1976, 1981, 1984, 1986, 1988, 1990, 1992, 2056, 2057, 2078, 2067, 2078, 2100, 2109, 2127, and 2200. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 6, 20092284Court Opinion or Order ORDER that the Clerk of Court is directed to close the following motions in 08-8248: ## 79,84,86,89,92,94,96,98,100,104,105,107,116,166, and 170. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd)
March 6, 20092285Court Opinion or Order ORDER the Clerk of Court is directed to close the following motions in 08-9050: ##70,75,77,80,83,85,87,89,91,95,96,98,105,111,162,168,170,178. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
March 6, 20092286Court Opinion or Order ORDER the Clerk of Court is directed to close the following motions in 03-10056: #56. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10056-SAS(cd)
March 6, 20092287Court Opinion or Order ORDER, the Clerk of Court is directed to close the following motions in 04-3417: #34,52. In addition, the Clerk of Court is directed to close the following motions, for which there is no docket number: (a) Motion to dismiss, filed on 1/23/06 by ExxonMobil Corp and (b) Motion for Joiner, filed on 5/8/07 by Giant Yorktown, Inc. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 6, 20092288Court Opinion or Order ORDER, the Clerk of Court is directed to close the following motions in 08-278: #2,15,32. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00278-SAS(cd)
March 9, 20092289Court Opinion or Order STIPULATION AND ORDER GRANTING SUBSTITUTION OF COUNSEL that Downey Brand LLP may substitute in for Spencer T. Malysiak Law Corporation as counsel for New West. (Signed by Judge Shira A. Scheindlin on 3/9/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(cd)
March 9, 20092292ENDORSED LETTER addressed to Judge Shira A Scheindlin from Robert Meadows dated 3/6/09 re: In support of the dismissal of all non-TSCA claims against both the non-TSCA and the TSCA Defendants. ENDORSEMENT: The Clerk is directed to docket this letter. (Signed by Judge Shira A. Scheindlin on 3/9/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-07764-SAS, 1:08-cv-07766-SAS(cd)
March 9, 20092295Court Opinion or Order OPINION AND ORDER #97196 that for the foregoing reasons, defendants' motion is granted. Accordingly, the stare law claims are dismissed without prejudice. The Clerk of the Court is directed to close these motions re: (3 in 1:08-cv-09621-SAS) MOTION to Dismiss for Lack of Jurisdiction (Joining Motion), filed by O.K. Petroleum Distribution Corp., O.K. Petroleum International, Ltd., (17 in 1:08-cv-07764-SAS) MOTION to Dismiss for Lack of Jurisdiction (Joining Motion), filed by O.K. Petroleum Distribution Corp., O.K. Petroleum International, Ltd., (2 in 1:08-cv-09619-SAS) MOTION to Dismiss for Lack of Jurisdiction (Joining Motion), filed by O.K. Petroleum Distribution Corp., O.K. Petroleum International, Ltd., (16 in 1:08-cv-07766-SAS) MOTION to Dismiss for Lack of Jurisdiction (Joining Motion), filed by O.K. Petroleum Distribution Corp., O.K. Petroleum International, Ltd., (2177 in 1:00-cv-01898-SAS-DCF, 2177 in 1:00-cv-01898-SAS-DCF) MOTION to Dismiss. MOTION in the alternative, to decline to exercise supplemental jurisdiction over the non-tsca claims, filed by Marathon Oil Company, Hess Energy, Inc. (Signed by Judge Shira A. Scheindlin on 3/9/09) (cd)
March 10, 20092290Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Thomas P. Gressette for Commonwealth of Puerto Rico and Commonwealth of Puerto Rico Environmental Quality Board admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 3/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
March 10, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (55 in 1:07-cv-10470-SAS, 2290 in 1:00-cv-01898-SAS-DCF) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
March 10, 20092291Court Opinion or Order ORDER GRANTING APPLICATIONS FOR PRO HAC VICE ADMISSIONS OF Khara A. A. Coleman and Christopher J. Esbrook for defendants Atlantic Richfield Company, BP Products North America Inc., and BP Corporation North America Inc.. (Signed by Judge Shira A. Scheindlin on 3/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 10, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (74 in 1:03-cv-10057-SAS, 29 in 1:07-cv-08360-SAS, 54 in 1:08-cv-07764-SAS, 26 in 1:06-cv-05963-SAS, 35 in 1:05-cv-04018-SAS, 25 in 1:06-cv-05961-SAS, 59 in 1:04-cv-02070-SAS, 49 in 1:04-cv-02059-SAS, 48 in 1:04-cv-02062-SAS, 51 in 1:04-cv-02060-SAS, 73 in 1:03-cv-10052-SAS, 184 in 1:03-cv-08248-SAS, 87 in 1:04-cv-04968-SAS, 25 in 1:06-cv-05947-SAS, 26 in 1:06-cv-05925-SAS, 73 in 1:04-cv-02053-SAS, 26 in 1:06-cv-05955-SAS, 25 in 1:06-cv-05960-SAS, 25 in 1:06-cv-05954-SAS, 27 in 1:06-cv-05903-SAS, 56 in 1:04-cv-03416-SAS, 31 in 1:06-cv-03750-SAS, 33 in 1:07-cv-04012-SAS, 31 in 1:07-cv-06848-SAS, 25 in 1:06-cv-05952-SAS, 26 in 1:06-cv-05949-SAS, 25 in 1:06-cv-10205-SAS, 26 in 1:06-cv-05938-SAS, 55 in 1:04-cv-04974-SAS, 212 in 1:03-cv-09050-SAS, 25 in 1:06-cv-05948-SAS, 55 in 1:04-cv-05422-SAS, 39 in 1:04-cv-04990-SAS, 49 in 1:04-cv-03419-SAS, 72 in 1:03-cv-10053-SAS, 89 in 1:07-cv-02406-SAS, 55 in 1:04-cv-01727-SAS, 26 in 1:06-cv-05912-SAS, 31 in 1:06-cv-03751-SAS, 73 in 1:04-cv-02390-SAS, 40 in 1:06-cv-03753-SAS, 27 in 1:05-cv-10259-SAS, 38 in 1:04-cv-02057-SAS, 51 in 1:04-cv-04975-SAS, 56 in 1:07-cv-10470-SAS, 24 in 1:06-cv-05916-SAS, 26 in 1:06-cv-05957-SAS, 26 in 1:06-cv-01379-SAS, 48 in 1:04-cv-03415-SAS, 49 in 1:04-cv-02066-SAS, 36 in 1:06-cv-03741-SAS, 87 in 1:03-cv-09544-SAS, 57 in 1:04-cv-02068-SAS, 70 in 1:04-cv-01718-SAS, 48 in 1:08-cv-00312-SAS, 25 in 1:06-cv-05945-SAS, 25 in 1:06-cv-05930-SAS, 31 in 1:06-cv-03742-SAS, 56 in 1:04-cv-02072-SAS, 26 in 1:06-cv-05911-SAS, 71 in 1:03-cv-10054-SAS, 26 in 1:06-cv-05962-SAS, 92 in 1:03-cv-09543-SAS, 6 in 1:09-cv-01419-SAS, 26 in 1:06-cv-05932-SAS, 34 in 1:06-cv-01381-SAS, 53 in 1:04-cv-05421-SAS, 26 in 1:06-cv-05939-SAS, 25 in 1:06-cv-05926-SAS, 25 in 1:06-cv-05914-SAS, 25 in 1:06-cv-05958-SAS, 61 in 1:04-cv-06993-SAS, 25 in 1:06-cv-05941-SAS, 26 in 1:06-cv-05942-SAS, 25 in 1:06-cv-05921-SAS, 31 in 1:05-cv-01310-SAS, 74 in 1:03-cv-10056-SAS, 25 in 1:06-cv-05919-SAS, 92 in 1:04-cv-04972-SAS, 39 in 1:04-cv-02056-SAS, 26 in 1:06-cv-05902-SAS, 95 in 1:07-cv-02405-SAS, 59 in 1:06-cv-05496-SAS, 27 in 1:06-cv-00877-SAS, 26 in 1:06-cv-05923-SAS, 50 in 1:04-cv-03412-SAS, 25 in 1:06-cv-05937-SAS, 54 in 1:04-cv-05423-SAS, 25 in 1:06-cv-05917-SAS, 25 in 1:06-cv-05953-SAS, 73 in 1:03-cv-10051-SAS, 70 in 1:04-cv-04970-SAS, 35 in 1:05-cv-09070-SAS, 76 in 1:04-cv-01719-SAS, 49 in 1:04-cv-03413-SAS, 39 in 1:04-cv-04971-SAS, 74 in 1:04-cv-02388-SAS, 25 in 1:06-cv-05922-SAS, 41 in 1:04-cv-04973-SAS, 67 in 1:04-cv-03418-SAS, 52 in 1:04-cv-03420-SAS, 26 in 1:06-cv-05956-SAS, 89 in 1:07-cv-02407-SAS, 31 in 1:06-cv-03752-SAS, 44 in 1:04-cv-02067-SAS, 26 in 1:06-cv-05905-SAS, 25 in 1:06-cv-05920-SAS, 26 in 1:06-cv-05931-SAS, 25 in 1:06-cv-05943-SAS, 74 in 1:03-cv-10055-SAS, 25 in 1:06-cv-05915-SAS, 26 in 1:06-cv-05959-SAS, 25 in 1:06-cv-05946-SAS, 41 in 1:04-cv-02055-SAS, 41 in 1:08-cv-00278-SAS, 79 in 1:04-cv-01725-SAS, 269 in 1:04-cv-05424-SAS, 26 in 1:06-cv-05901-SAS, 26 in 1:07-cv-09453-SAS, 89 in 1:07-cv-02403-SAS, 51 in 1:04-cv-01722-SAS, 26 in 1:06-cv-05913-SAS, 33 in 1:07-cv-04011-SAS, 50 in 1:08-cv-07766-SAS, 25 in 1:06-cv-05924-SAS, 25 in 1:06-cv-05928-SAS, 31 in 1:06-cv-03754-SAS, 49 in 1:04-cv-01723-SAS, 77 in 1:04-cv-03417-SAS, 26 in 1:06-cv-05950-SAS, 26 in 1:06-cv-05940-SAS, 53 in 1:04-cv-04969-SAS, 75 in 1:04-cv-01721-SAS, 68 in 1:04-cv-01716-SAS, 28 in 1:08-cv-06306-SAS, 25 in 1:06-cv-05933-SAS, 2291 in 1:00-cv-01898-SAS-DCF, 101 in 1:04-cv-02389-SAS, 40 in 1:04-cv-01724-SAS, 26 in 1:06-cv-05906-SAS, 55 in 1:04-cv-01726-SAS, 79 in 1:04-cv-01720-SAS, 26 in 1:06-cv-05927-SAS, 48 in 1:04-cv-02061-SAS, 26 in 1:06-cv-05907-SAS, 25 in 1:06-cv-05951-SAS, 34 in 1:07-cv-04009-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 10, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: 2290 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
March 10, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: 2291 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
March 11, 20092293LETTER addressed to Judge Shira A Scheindlin from Victor Sher dated 1/29/09 re: Potential Implications of the bankruptcy petition, filed by Lyondell Chemical and Equistar Chemicals. Document filed by City of NY.(cd)
March 11, 20092294SUPPLEMENTAL BRIEF Requesting That the Court Stay Any Order of Remand Pending Appeal. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-06306-SAS(Handel, Lauren)
March 12, 2009 CASHIERS OFFICE REMARK on 2271 Order Admitting Attorney Pro Hac Vice,,,,, in the amount of $25.00, paid on 02/23/2009, Receipt Number 678511. (jd)
March 12, 2009 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 02/24/2009, Receipt Number 678658. Pro Hac Vice Payment for Keara C. Kelley. (jd)
March 12, 2009 CASHIERS OFFICE REMARK in the amount of $50.00, paid on 02/24/2009, Receipt Number 678532. Payment Pro Hac Vice for James L. Layman and Lesley L. Hammer (jd)
March 12, 20092296MOTION to Dismiss Pursuant to Rule 41(A)(2). Document filed by Total Petrochemicals USA, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Plaintiffs' Motion for Voluntary Dismissal Pursuant to Rule 41(A)(2))(Connelly, Michael) Modified on 3/13/2009 (jar). Modified on 3/13/2009 (jar).
March 12, 20092297Court Opinion or Order ORDER: ORDERED that TOl/ATMI is hereby dismissed, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2) and according to the terms of the agreement of the parties as evidenced by the Notice of Voluntary Dismissal Under Federal Rule of Civil Procedure 41 (a)(2) and Joint Stipulation as to TOI/ATMI filed on January 9, 2009. (Signed by Judge Shira A. Scheindlin on 3/12/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(jpo)
March 12, 20092304TRANSCRIPT of proceedings held on 2/26/09 before Judge Shira A. Scheindlin. (ama)
March 16, 20092298Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Khara A. A. Coleman for Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., BP Corporation North America, Inc., BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Corporation North America, Inc., BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Co., BP Products North America Inc., Atlantic Richfield Company, individually, BP Corporation North America Inc,, Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, Atlantic Richfield Company, Inc., BP Products North America, Inc., Atlantic Richfield CO., BP Corporation North America, Inc.(individually and f/k/a BP Amoco Corporation), BP Products North America, Inc.,, Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Co., BP Corporation North America, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, Atlantic Richfeild Company, BP Products North America, Inc,, Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company and BP Products North America, Inc., Christopher J. Esbrook for Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., BP Corporation North America, Inc., BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Company North America, Inc., BP Corporation North America, Inc., BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Co., BP Products North America Inc., Atlantic Richfield Company, individually, BP Corporation North America Inc,, Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, Atlantic Richfield Company, Inc., BP Products North America, Inc., Atlantic Richfield CO., BP Corporation North America, Inc.(individually and f/k/a BP Amoco Corporation), BP Products North America, Inc.,, Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Co., BP Corporation North America, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, Atlantic Richfeild Company, BP Products North America, Inc,, Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company and BP Products North America, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 3/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jeh)
March 16, 20092299Court Opinion or Order CASE MANAGEMENT ORDER #51 re rulings made during the status conference held on 2/26/09: In the New Jersey and Puerto Rico cases, the parties shall meet and confer in order to submit a joint pre-trial scheduling order at the next status conference. In the City of NY case, the City seeks an order from this Court finding a limited waiver of Shell's assertion of attorney-client privilege with respect to certain documents identified on its privilege logs, and as further set forth in this document.....The next status conference is scheduled for 4/2/09 at 10 am. Status Conference set for 4/2/2009 at 10:00 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 3/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) Modified on 3/18/2009 (jmi).
March 17, 20092300Court Opinion or Order ORDER TO AMEND, the Clerk of the Court is hereby directed to amend the caption of the order in In Re Methyl Tertiary Butyl Ether Products Liability Litigation, No. 00-1898, which was entered on 3/16/09 (document no. 2299), to read as follows: "CASE MANAGEMENT ORDER #51" (change in italics) re: (50 in 1:04-cv-02061-SAS, 78 in 1:04-cv-01719-SAS, 61 in 1:06-cv-05496-SAS, 28 in 1:06-cv-05927-SAS, 91 in 1:07-cv-02406-SAS, 27 in 1:06-cv-05921-SAS, 28 in 1:06-cv-05931-SAS, 28 in 1:06-cv-05932-SAS, 27 in 1:06-cv-05924-SAS, 26 in 1:06-cv-05916-SAS, 57 in 1:04-cv-01726-SAS, 76 in 1:03-cv-10057-SAS, 27 in 1:06-cv-05947-SAS, 27 in 1:06-cv-05946-SAS, 33 in 1:06-cv-03752-SAS, 28 in 1:06-cv-05950-SAS, 75 in 1:03-cv-10051-SAS, 91 in 1:07-cv-02407-SAS, 28 in 1:06-cv-05911-SAS, 55 in 1:04-cv-05421-SAS, 33 in 1:06-cv-03750-SAS, 27 in 1:06-cv-05937-SAS, 69 in 1:04-cv-03418-SAS, 57 in 1:04-cv-05422-SAS, 28 in 1:06-cv-05906-SAS, 70 in 1:04-cv-01716-SAS, 51 in 1:04-cv-01723-SAS, 42 in 1:06-cv-03753-SAS, 28 in 1:06-cv-05955-SAS, 27 in 1:06-cv-05922-SAS, 54 in 1:08-cv-07766-SAS, 28 in 1:06-cv-05912-SAS, 28 in 1:06-cv-05902-SAS, 97 in 1:07-cv-02405-SAS, 28 in 1:06-cv-05905-SAS, 103 in 1:04-cv-02389-SAS, 53 in 1:04-cv-01722-SAS, 27 in 1:06-cv-05941-SAS, 28 in 1:06-cv-05957-SAS, 38 in 1:06-cv-03741-SAS, 28 in 1:06-cv-05907-SAS, 81 in 1:04-cv-01725-SAS, 27 in 1:06-cv-05943-SAS, 27 in 1:06-cv-05917-SAS, 89 in 1:04-cv-04968-SAS, 52 in 1:04-cv-03412-SAS, 36 in 1:07-cv-04009-SAS, 58 in 1:04-cv-02072-SAS, 82 in 1:04-cv-03417-SAS, 43 in 1:04-cv-02055-SAS, 76 in 1:03-cv-10055-SAS, 32 in 1:08-cv-06306-SAS, 37 in 1:05-cv-04018-SAS, 42 in 1:04-cv-01724-SAS, 35 in 1:07-cv-04011-SAS, 28 in 1:06-cv-05959-SAS, 28 in 1:06-cv-05923-SAS, 56 in 1:04-cv-05423-SAS, 76 in 1:03-cv-10056-SAS, 59 in 1:04-cv-02068-SAS, 40 in 1:04-cv-02057-SAS, 27 in 1:06-cv-05945-SAS, 43 in 1:04-cv-04973-SAS, 41 in 1:04-cv-02056-SAS, 77 in 1:04-cv-01721-SAS, 214 in 1:03-cv-09050-SAS, 28 in 1:06-cv-05901-SAS, 94 in 1:03-cv-09543-SAS, 28 in 1:06-cv-01379-SAS, 29 in 1:06-cv-00877-SAS, 33 in 1:07-cv-06848-SAS, 54 in 1:04-cv-03420-SAS, 91 in 1:07-cv-02403-SAS, 28 in 1:06-cv-05940-SAS, 36 in 1:06-cv-01381-SAS, 10 in 1:09-cv-01419-SAS, 58 in 1:08-cv-07764-SAS, 46 in 1:04-cv-02067-SAS, 72 in 1:04-cv-01718-SAS, 186 in 1:03-cv-08248-SAS, 76 in 1:04-cv-02388-SAS, 27 in 1:06-cv-05914-SAS, 43 in 1:08-cv-00278-SAS, 27 in 1:06-cv-05928-SAS, 33 in 1:05-cv-01310-SAS, 27 in 1:06-cv-05951-SAS, 28 in 1:06-cv-05956-SAS, 33 in 1:06-cv-03754-SAS, 89 in 1:03-cv-09544-SAS, 35 in 1:07-cv-04012-SAS, 61 in 1:04-cv-02070-SAS, 28 in 1:06-cv-05963-SAS, 28 in 1:06-cv-05939-SAS, 58 in 1:04-cv-04974-SAS, 73 in 1:03-cv-10054-SAS, 56 in 1:04-cv-04969-SAS, 2299 in 1:00-cv-01898-SAS-DCF, 74 in 1:03-cv-10053-SAS, 57 in 1:04-cv-01727-SAS, 28 in 1:06-cv-05925-SAS, 37 in 1:05-cv-09070-SAS, 27 in 1:06-cv-05948-SAS, 27 in 1:06-cv-05920-SAS, 27 in 1:06-cv-05961-SAS, 53 in 1:04-cv-02060-SAS, 51 in 1:04-cv-02059-SAS, 51 in 1:04-cv-02066-SAS, 75 in 1:03-cv-10052-SAS, 29 in 1:06-cv-05903-SAS, 75 in 1:04-cv-02053-SAS, 29 in 1:05-cv-10259-SAS, 41 in 1:04-cv-04971-SAS, 94 in 1:04-cv-04972-SAS, 50 in 1:04-cv-03415-SAS, 59 in 1:07-cv-10470-SAS, 55 in 1:04-cv-04975-SAS, 27 in 1:06-cv-05915-SAS, 33 in 1:06-cv-03742-SAS, 73 in 1:04-cv-04970-SAS, 27 in 1:06-cv-05933-SAS, 28 in 1:06-cv-05962-SAS, 27 in 1:06-cv-05960-SAS, 27 in 1:06-cv-10205-SAS, 41 in 1:04-cv-04990-SAS, 28 in 1:06-cv-05942-SAS, 28 in 1:06-cv-05949-SAS, 27 in 1:06-cv-05930-SAS, 75 in 1:04-cv-02390-SAS, 58 in 1:04-cv-03416-SAS, 28 in 1:06-cv-05913-SAS, 27 in 1:06-cv-05954-SAS, 50 in 1:04-cv-02062-SAS, 31 in 1:07-cv-08360-SAS, 27 in 1:06-cv-05952-SAS, 51 in 1:04-cv-03419-SAS, 51 in 1:04-cv-03413-SAS, 81 in 1:04-cv-01720-SAS, 271 in 1:04-cv-05424-SAS, 27 in 1:06-cv-05919-SAS, 33 in 1:06-cv-03751-SAS, 63 in 1:04-cv-06993-SAS, 50 in 1:08-cv-00312-SAS, 27 in 1:06-cv-05953-SAS, 28 in 1:06-cv-05938-SAS, 27 in 1:06-cv-05926-SAS, 28 in 1:07-cv-09453-SAS, 27 in 1:06-cv-05958-SAS) Case Management Plan,,, (Signed by Judge Shira A. Scheindlin on 3/17/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 17, 20092305MOTION for an Order consolidating the above entitled actions into 03 cv 10052 for all purposes, including trial. Attached is DeclarationFiled In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS(djc)
March 18, 20092301Court Opinion or Order STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST IRVING OIL DEFENDANTS, pursuant to FRCP 41(a)(2), the Plaintiff City of NY and Defendants Irving Oil Corporation and Irving Oil Limited, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Irving Oil as set forth in the Plaintiff's Fourth Amended Complaint, filed on 3/9/07, with each party bearing its own attorney's fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 3/18/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 19, 20092302Court Opinion or Order ORDER ADMITTING ATTORNEY Joshua Stein PRO HAC VICE for plaintiff The City of NY. (Signed by Judge Shira A. Scheindlin on 3/18/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 19, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (88 in 1:04-cv-03417-SAS, 2302 in 1:00-cv-01898-SAS-DCF) Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 20, 20092303Court Opinion or Order ORDER, the Clerk of Court is directed to close the following motions on the master docket for MDL 1358, No. 00civ.1898 ##2090, 2092, 2155, 2185. terminating (73) Motion to Dismiss in case 1:03-cv-09544-SAS; terminating (78) Motion to Dismiss in case 1:03-cv-09543-SAS; terminating (41) Motion to Dismiss in case 1:04-cv-01727-SAS; terminating (40) Motion to Dismiss in case 1:04-cv-01726-SAS; terminating (56) Motion to Dismiss in case 1:04-cv-01718-SAS; terminating (62) Motion to Dismiss in case 1:04-cv-01719-SAS; terminating (65) Motion to Dismiss in case 1:04-cv-01720-SAS; terminating (65) Motion to Dismiss in case 1:04-cv-01725-SAS; terminating (61) Motion to Dismiss in case 1:04-cv-01721-SAS; terminating (43) Motion to Dismiss in case 1:04-cv-02068-SAS; terminating (43) Motion to Dismiss in case 1:04-cv-02072-SAS; terminating (87) Motion to Dismiss in case 1:04-cv-02389-SAS; terminating (59) Motion to Dismiss in case 1:04-cv-02390-SAS; terminating (60) Motion to Dismiss in case 1:04-cv-02388-SAS; terminating (34) Motion to Dismiss in case 1:04-cv-03415-SAS; terminating (41) Motion to Dismiss in case 1:04-cv-03416-SAS; terminating (36) Motion to Dismiss in case 1:04-cv-03419-SAS; terminating (39) Motion to Dismiss in case 1:04-cv-05421-SAS; terminating (41) Motion to Dismiss in case 1:04-cv-05422-SAS; terminating (40) Motion to Dismiss in case 1:04-cv-05423-SAS; terminating (254) Motion to Dismiss in case 1:04-cv-05424-SAS; terminating (47) Motion to Dismiss in case 1:04-cv-06993-SAS; terminating (21) Motion to Dismiss in case 1:05-cv-04018-SAS; terminating (21) Motion to Dismiss in case 1:05-cv-09070-SAS; terminating (20) Motion to Dismiss in case 1:06-cv-01381-SAS; terminating (22) Motion to Dismiss in case 1:06-cv-03741-SAS; terminating (2090) Motion to Dismiss for Lack of Jurisdiction; terminating (2092) Motion to Dismiss; terminating (2155) Motion to Dismiss in case 1:00-cv-01898-SAS-DCF. (Signed by Judge Shira A. Scheindlin on 3/20/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 24, 20092306MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
March 24, 20092307DECLARATION of Richard Wallace in Support re: (2306 in 1:00-cv-01898-SAS-DCF, 90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
March 24, 20092308RULE 56.1 STATEMENT. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
March 24, 20092309MEMORANDUM OF LAW in Support re: (2306 in 1:00-cv-01898-SAS-DCF, 90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
March 31, 20092310Court Opinion or Order ORDER, plaintiff's request to withdraw its 3/17/09 Motion to Consolidate the above captioned matters is hereby granted, with each party bearing its own costs The Clerk of Court is directed to close the following motions: (78 in 1:03-cv-10052-SAS, 78 in 1:03-cv-10052-SAS, 2305 in 1:00-cv-01898-SAS-DCF, 2305 in 1:00-cv-01898-SAS-DCF) MOTION to Consolidate Cases 08-4290, 00 cv 1898. (Signed by Judge Shira A. Scheindlin on 3/30/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS(cd)
April 1, 20092311Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT, the time to answer or otherwise respond to the Complaint is hereby extended to and including 6/30/09 for Rosemore Inc. Rosemore Inc. answer due 6/30/2009; Rosemore, Inc. answer due 6/30/2009. (Signed by Judge Shira A. Scheindlin on 4/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
April 2, 20092312Court Opinion or Order ORDER GRANTING ADMISSION OF DELIRIS ORTIZ-TORRES: It is hereby ordered that Deliris Ortiz-Torres, Esq, is admitted to practice before this Court pro hac vice on behalf of Total Petroleum Puerto Rico Corporation and Atlantic Trading Marketing, Inc. (formerly known as Total Oil, Inc.) in this civil action upon the deposit of the required $25 fee to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 4/2/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo)
April 3, 2009 CASHIERS OFFICE REMARK on 2290 Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 03/12/2009, Receipt Number 681222. (jd)
April 3, 2009 CASHIERS OFFICE REMARK on 2302 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 03/17/2009, Receipt Number 681698. (jd)
April 6, 2009 ***DELETED DOCUMENT. Deleted document number 2313 order. The document was incorrectly filed in this case. (dle)
April 17, 20092313Court Opinion or Order STIPULATION AND ORDER that the time to answer or otherwise respond to the Complaint is hereby extended to and including 6/30/09 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 4/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
April 17, 20092314CASE MANAGEMENT PLAN #52: In the New Jersey case, plaintiff shall identify, not later than 4/10/09, every discovery request to which it objects on the ground that the request call for site-specific discovery. If the parties are unable to resolve any dispute, they may bring the matter to this Court for resolution. Plaintiff shall provide non-site specific discovery by 5/15/09. In the City of NY case, the City shall respond to Shell's motion to exclude punitive damages by 4/30/09 and Shell shall reply by 5/11/09....This court will hold a hearing in the City of NY case on 4/24/09 at 10:30 am and in the Orange County Water District case on 5/15/09 at 11 am....In the recently filed Oyster Bay and Garden City case, defendants' unopposed motion for this Court to decline to exercise supplemental jurisdiction over the state law claims is granted. Defendants shall submit proposed Order reflecting this ruling. When necessary, the parties shall contact this Court to schedule the next omnibus status conference. Response due by 4/30/2009. Reply due by 5/11/2009. Oral Argument/hearing set for 4/24/2009 at 10:30 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 4/17/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 20, 20092315MOTION for Summary Judgment. Document filed by Gulf Oil Limited Partnership. Responses due by 5/7/2009(Garvey, Christopher)
April 20, 20092316MEMORANDUM OF LAW in Support re: 2315 MOTION for Summary Judgment.. Document filed by Gulf Oil Limited Partnership. (Garvey, Christopher)
April 20, 20092317RULE 56.1 STATEMENT. Document filed by Gulf Oil Limited Partnership. (Garvey, Christopher)
April 20, 20092318DECLARATION of Christopher J. Garvey in Support re: 2315 MOTION for Summary Judgment.. Document filed by Gulf Oil Limited Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(Garvey, Christopher)
April 22, 20092319NOTICE of Rule 41(a)(2) Dismissal of Df Petron, Inc.. Document filed by Town of Rayville. (Summy, Paul)
April 24, 20092321Court Opinion or Order ORDER It is hereby ordered that the United States may intervene in this action, pursuant to 28 U.S.C. 2403 (a), on or before June 28, 2009. No further extensions will be granted. (Signed by Judge Shira A. Scheindlin on 4/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-06306-SAS(mme)
April 27, 20092320Court Opinion or Order ORDER TO ADMIT ROBERT S. CHAPMAN AS COUNSEL PRO HAC VICE Attorney Robert S. Chapman for City of NY admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mme) Modified on 4/27/2009 (mme).
April 27, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (2320 in 1:00-cv-01898-SAS-DCF, 106 in 1:04-cv-03417-SAS) Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mme)
April 27, 2009 CASHIERS OFFICE REMARK on 2312 Order Admitting Attorney Pro Hac Vice, Add and Terminate Attorneys,, in the amount of $25.00, paid on 04/03/2009, Receipt Number 683263. (jd)
April 27, 20092322MOTION in Limine Regarding Application of the Commingled Product Theory, Consideration of Fault of Nonparties by Jury, and Proof of Date of Harm. Document filed by Flint Hills Resources, LP.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George)
April 27, 20092323MEMORANDUM OF LAW in Support re: (107 in 1:04-cv-03417-SAS) MOTION in Limine.. Document filed by Flint Hills Resources, LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George)
April 27, 20092324DECLARATION of Joseph C. Kearfott in Support re: (2322 in 1:00-cv-01898-SAS-DCF, 107 in 1:04-cv-03417-SAS) MOTION in Limine Regarding Application of the Commingled Product Theory, Consideration of Fault of Nonparties by Jury, and Proof of Date of Harm.. Document filed by Flint Hills Resources, LP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George)
April 27, 20092325WITNESS LIST. Document filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation, Mobil Oil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 27, 20092326WITNESS LIST. Document filed by Flint Hills Resources, LP.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George)
April 27, 20092327Exhibit List. Document filed by Flint Hills Resources, LP.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George)
April 27, 20092328Exhibit List. Document filed by Valero Energy, Inc., Valero Refining and Marketing Company, The Premcor Refining Group Inc.. (Attachments: # 1 Exhibit 1 and 2 to Valero Defendants & Premcor's Exhibit Lists)(Connelly, Michael)
April 27, 20092329WITNESS LIST. Document filed by Valero Energy, Inc., Valero Refining and Marketing Company, The Premcor Refining Group Inc..(Connelly, Michael)
April 27, 20092330Court Opinion or Order ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION Lesley K. Lawrence-Hammer is admitted to practice pro hac vice as counsel for defendants El Paso Merchant Energy-Petroleum Company and Coastal Eagle Point Oil Company in the above captioned case. (Signed by Judge Shira A. Scheindlin on 4/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(mme)
April 27, 20092331Exhibit List. Document filed by Mobil Oil Corporation, Exxon Mobil Corporation, Exxon Mobil Oil Corporation. (Attachments: # 1 A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 27, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (32 in 1:06-cv-05948-SAS, 33 in 1:06-cv-05907-SAS, 56 in 1:04-cv-03413-SAS, 36 in 1:07-cv-08360-SAS, 32 in 1:06-cv-05960-SAS, 99 in 1:03-cv-09543-SAS, 32 in 1:06-cv-05947-SAS, 66 in 1:06-cv-05496-SAS, 33 in 1:06-cv-05955-SAS, 64 in 1:07-cv-10470-SAS, 38 in 1:06-cv-03751-SAS, 38 in 1:05-cv-01310-SAS, 32 in 1:06-cv-05953-SAS, 33 in 1:06-cv-05906-SAS, 38 in 1:06-cv-03754-SAS, 60 in 1:04-cv-04975-SAS, 48 in 1:04-cv-04973-SAS, 60 in 1:04-cv-05421-SAS, 33 in 1:06-cv-05927-SAS, 38 in 1:08-cv-06306-SAS, 62 in 1:04-cv-01727-SAS, 32 in 1:06-cv-05930-SAS, 3 in 1:09-cv-03738-SAS, 34 in 1:06-cv-05903-SAS, 32 in 1:06-cv-05917-SAS, 40 in 1:07-cv-04011-SAS, 32 in 1:06-cv-05941-SAS, 33 in 1:06-cv-05959-SAS, 33 in 1:06-cv-05923-SAS, 32 in 1:06-cv-05915-SAS, 41 in 1:06-cv-01381-SAS, 41 in 1:07-cv-04009-SAS, 32 in 1:06-cv-05951-SAS, 33 in 1:06-cv-05950-SAS, 86 in 1:04-cv-01725-SAS, 32 in 1:06-cv-05945-SAS, 33 in 1:06-cv-05905-SAS, 33 in 1:06-cv-05902-SAS, 32 in 1:06-cv-05954-SAS, 33 in 1:06-cv-05939-SAS, 32 in 1:06-cv-05922-SAS, 33 in 1:06-cv-05949-SAS, 32 in 1:06-cv-05958-SAS, 99 in 1:04-cv-04972-SAS, 82 in 1:03-cv-10052-SAS, 94 in 1:03-cv-09544-SAS, 102 in 1:07-cv-02405-SAS, 2330 in 1:00-cv-01898-SAS-DCF, 62 in 1:04-cv-05422-SAS, 33 in 1:06-cv-05925-SAS, 38 in 1:06-cv-03752-SAS, 32 in 1:06-cv-05928-SAS, 79 in 1:03-cv-10053-SAS, 43 in 1:06-cv-03741-SAS, 32 in 1:06-cv-05946-SAS, 57 in 1:04-cv-03412-SAS, 56 in 1:04-cv-01723-SAS, 33 in 1:06-cv-05913-SAS, 3 in 1:09-cv-03739-SAS, 62 in 1:04-cv-01726-SAS, 80 in 1:03-cv-10051-SAS, 32 in 1:06-cv-05921-SAS, 33 in 1:06-cv-05963-SAS, 83 in 1:04-cv-01719-SAS, 78 in 1:04-cv-04970-SAS, 33 in 1:06-cv-05912-SAS, 42 in 1:05-cv-09070-SAS, 32 in 1:06-cv-05914-SAS, 33 in 1:06-cv-05940-SAS, 58 in 1:04-cv-01722-SAS, 63 in 1:04-cv-04974-SAS, 33 in 1:06-cv-05962-SAS, 40 in 1:07-cv-04012-SAS, 113 in 1:04-cv-03417-SAS, 237 in 1:03-cv-09050-SAS, 33 in 1:06-cv-05911-SAS, 32 in 1:06-cv-05924-SAS, 78 in 1:03-cv-10054-SAS, 68 in 1:04-cv-06993-SAS, 32 in 1:06-cv-05943-SAS, 77 in 1:04-cv-01718-SAS, 61 in 1:04-cv-04969-SAS, 32 in 1:06-cv-05926-SAS, 38 in 1:06-cv-03750-SAS, 33 in 1:06-cv-05938-SAS, 38 in 1:06-cv-03742-SAS, 32 in 1:06-cv-05933-SAS, 82 in 1:04-cv-01721-SAS, 81 in 1:03-cv-10056-SAS, 33 in 1:06-cv-05932-SAS, 32 in 1:06-cv-05961-SAS, 33 in 1:06-cv-05956-SAS, 33 in 1:06-cv-05901-SAS, 82 in 1:03-cv-10055-SAS, 33 in 1:06-cv-05957-SAS, 46 in 1:04-cv-04971-SAS, 32 in 1:06-cv-05952-SAS, 81 in 1:03-cv-10057-SAS, 32 in 1:06-cv-05937-SAS, 33 in 1:06-cv-05942-SAS, 33 in 1:06-cv-05931-SAS, 31 in 1:06-cv-05916-SAS, 33 in 1:06-cv-01379-SAS, 34 in 1:06-cv-00877-SAS, 32 in 1:06-cv-05920-SAS, 47 in 1:06-cv-03753-SAS, 32 in 1:06-cv-05919-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(mme)
April 27, 20092332Exhibit List (Defendants' Joint Trial Exhibit List). Document filed by Lyondell Chemical Company, Marathon Ashland Petroleum LLC, Mobil Oil Corporation, Motiva Enterprises, LLC, Premcor Refining Group Inc,, Sunoco, Inc., Sunoco, Inc. (R & M), Texaco, Inc., Texaco Refining and Marketing Inc, Tosco Corporation, Tosco Refining Company, Ultramar Energy Inc., Ultramar Limited, United Refining Company, Unocal Corporation, Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining and Marketing Company, Marathon Oil Company, Shell Oil Company, Shell Trading (US) Company, Shell Oil Products Company LLC, Mobile Corporation, Flint Hills Resources, LP, TRMI Holdings Inc., Giant Yorktown, Inc., BP Amoco Chemical Company, Inc., Equistar Chemicals, LP, Vitol S.A., George E. Warren Corporation, Atlantic Richfield Company, Phibro Inc., Citgo Refining & Chemicals Co, LP, PDV Midwest Refining, LLC, Total Petrochemicals USA, Inc., BP America, Inc., Parker Holding Company Inc, Parker Oil Company, Leemilt's Petroleum Inc., Mercury Fuel Service, Incorporated, Hess Energy, Inc., Coastal Chem, Inc., Coastal Eagle Point Oil Company, Coastal Oil New England, Inc., Getty Properties Corp., Union Oil Co of California, BP Amoco Corporation, BP Products North America, Inc., Chevron Texaco Corporation, Amerada Hess Corp., Chevron U.S.A., Inc., Citgo Petroleum Corporation, El Paso CGP Company, Conocophillips Company,, Crown Central Petroleum Corporation, El Paso Merchant Energy Petroleum Company, Equilon Enterprises L.L.C., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Getty Petroleum Marketing, Inc., Gulf Oil Limited Partnership, Koch Industries Inc.. (Attachments: # 1 A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 27, 20092333Exhibit List Coastal Defendants' Trial Exhibit List. Document filed by Coastal Eagle Piont Oil Company.(Ellison, Dawn)
April 27, 20092334Exhibit List Total Petrochemicals USA, Inc.. Document filed by DEF Company(s).(Connelly, Michael)
April 27, 20092335WITNESS LIST. Document filed by Coastal Eagle Piont Oil Company.(Ellison, Dawn)
April 27, 20092336WITNESS LIST. Document filed by DEF Company(s).(Connelly, Michael)
April 27, 20092337Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Grace Leigh Chan for El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy Petroleum Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, El Paso Merchant Energey-Petroleum Company, Coastal Eagle Point Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Piont Oil Company and El Paso Merchant Energy -Petroleum Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 27, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (61 in 1:04-cv-04975-SAS, 87 in 1:04-cv-01720-SAS, 82 in 1:03-cv-10057-SAS, 238 in 1:03-cv-09050-SAS, 34 in 1:06-cv-05959-SAS, 100 in 1:03-cv-09543-SAS, 48 in 1:06-cv-03753-SAS, 100 in 1:04-cv-04972-SAS, 49 in 1:08-cv-00278-SAS, 64 in 1:04-cv-04974-SAS, 39 in 1:07-cv-06848-SAS, 32 in 1:06-cv-05916-SAS, 39 in 1:05-cv-01310-SAS, 34 in 1:06-cv-05940-SAS, 63 in 1:04-cv-01726-SAS, 64 in 1:08-cv-07764-SAS, 34 in 1:06-cv-05911-SAS, 277 in 1:04-cv-05424-SAS, 35 in 1:06-cv-05903-SAS, 56 in 1:04-cv-03415-SAS, 33 in 1:06-cv-05951-SAS, 34 in 1:06-cv-05932-SAS, 83 in 1:03-cv-10052-SAS, 34 in 1:06-cv-05901-SAS, 33 in 1:06-cv-05945-SAS, 34 in 1:06-cv-05923-SAS, 87 in 1:04-cv-01725-SAS, 33 in 1:06-cv-05958-SAS, 64 in 1:04-cv-02072-SAS, 4 in 1:09-cv-03738-SAS, 58 in 1:08-cv-00312-SAS, 57 in 1:04-cv-01723-SAS, 16 in 1:09-cv-01419-SAS, 34 in 1:07-cv-09453-SAS, 63 in 1:04-cv-01727-SAS, 39 in 1:06-cv-03754-SAS, 33 in 1:06-cv-05922-SAS, 57 in 1:04-cv-03413-SAS, 34 in 1:06-cv-01379-SAS, 33 in 1:06-cv-05926-SAS, 33 in 1:06-cv-05941-SAS, 34 in 1:06-cv-05907-SAS, 33 in 1:06-cv-05947-SAS, 95 in 1:03-cv-09544-SAS, 34 in 1:06-cv-05906-SAS, 109 in 1:04-cv-02389-SAS, 46 in 1:04-cv-02057-SAS, 34 in 1:06-cv-05912-SAS, 83 in 1:04-cv-01721-SAS, 33 in 1:06-cv-05952-SAS, 103 in 1:07-cv-02405-SAS, 48 in 1:04-cv-04990-SAS, 43 in 1:05-cv-04018-SAS, 81 in 1:04-cv-02390-SAS, 39 in 1:08-cv-06306-SAS, 47 in 1:04-cv-04971-SAS, 2337 in 1:00-cv-01898-SAS-DCF, 97 in 1:07-cv-02407-SAS, 33 in 1:06-cv-05919-SAS, 33 in 1:06-cv-05933-SAS, 49 in 1:04-cv-04973-SAS, 34 in 1:06-cv-05942-SAS, 33 in 1:06-cv-05924-SAS, 37 in 1:07-cv-08360-SAS, 39 in 1:06-cv-03751-SAS, 62 in 1:04-cv-04969-SAS, 34 in 1:06-cv-05938-SAS, 82 in 1:04-cv-02388-SAS, 79 in 1:03-cv-10054-SAS, 34 in 1:06-cv-05931-SAS, 83 in 1:03-cv-10055-SAS, 33 in 1:06-cv-05954-SAS, 41 in 1:07-cv-04012-SAS, 34 in 1:06-cv-05956-SAS, 44 in 1:06-cv-03741-SAS, 34 in 1:06-cv-05957-SAS, 34 in 1:06-cv-05949-SAS, 67 in 1:06-cv-05496-SAS, 33 in 1:06-cv-05961-SAS, 57 in 1:04-cv-02066-SAS, 34 in 1:06-cv-05950-SAS, 4 in 1:09-cv-03739-SAS, 67 in 1:04-cv-02070-SAS, 33 in 1:06-cv-05920-SAS, 59 in 1:04-cv-02060-SAS, 42 in 1:07-cv-04009-SAS, 69 in 1:04-cv-06993-SAS, 65 in 1:04-cv-02068-SAS, 33 in 1:06-cv-05937-SAS, 118 in 1:04-cv-03417-SAS, 33 in 1:06-cv-05948-SAS, 39 in 1:06-cv-03750-SAS, 192 in 1:03-cv-08248-SAS, 49 in 1:04-cv-02055-SAS, 34 in 1:06-cv-05939-SAS, 52 in 1:04-cv-02067-SAS, 33 in 1:06-cv-05953-SAS, 42 in 1:06-cv-01381-SAS, 97 in 1:07-cv-02403-SAS, 95 in 1:04-cv-04968-SAS, 82 in 1:03-cv-10056-SAS, 58 in 1:04-cv-03412-SAS, 34 in 1:06-cv-05963-SAS, 33 in 1:06-cv-05915-SAS, 84 in 1:04-cv-01719-SAS, 33 in 1:06-cv-05928-SAS, 97 in 1:07-cv-02406-SAS, 78 in 1:04-cv-01718-SAS, 43 in 1:05-cv-09070-SAS, 60 in 1:04-cv-03420-SAS, 81 in 1:04-cv-02053-SAS, 39 in 1:06-cv-03742-SAS, 33 in 1:06-cv-05960-SAS, 33 in 1:06-cv-05930-SAS, 57 in 1:04-cv-02062-SAS, 33 in 1:06-cv-05917-SAS, 33 in 1:06-cv-05943-SAS, 80 in 1:03-cv-10053-SAS, 57 in 1:04-cv-02059-SAS, 65 in 1:07-cv-10470-SAS, 48 in 1:04-cv-01724-SAS, 81 in 1:03-cv-10051-SAS, 47 in 1:04-cv-02056-SAS, 62 in 1:04-cv-05423-SAS, 33 in 1:06-cv-05914-SAS, 76 in 1:04-cv-01716-SAS, 57 in 1:04-cv-03419-SAS, 34 in 1:06-cv-05962-SAS, 33 in 1:06-cv-05946-SAS, 34 in 1:06-cv-05927-SAS, 61 in 1:04-cv-05421-SAS, 33 in 1:06-cv-05921-SAS, 33 in 1:06-cv-10205-SAS, 63 in 1:04-cv-05422-SAS, 56 in 1:04-cv-02061-SAS, 75 in 1:04-cv-03418-SAS, 34 in 1:06-cv-05955-SAS, 34 in 1:06-cv-05913-SAS, 34 in 1:06-cv-05925-SAS, 35 in 1:06-cv-00877-SAS, 79 in 1:04-cv-04970-SAS, 34 in 1:06-cv-05902-SAS, 39 in 1:06-cv-03752-SAS, 64 in 1:04-cv-03416-SAS, 35 in 1:05-cv-10259-SAS, 60 in 1:08-cv-07766-SAS, 59 in 1:04-cv-01722-SAS, 41 in 1:07-cv-04011-SAS, 34 in 1:06-cv-05905-SAS) Order Admitting Attorney Pro Hac Vice,,,,,,,,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 27, 20092338Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE ON WRITTEN MOTION. Attorney Keara L. Kelley for El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy Petroleum Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, El Paso Merchant Energey-Petroleum Company, Coastal Eagle Point Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Piont Oil Company and El Paso Merchant Energy -Petroleum Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 27, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (35 in 1:06-cv-05931-SAS, 34 in 1:06-cv-05954-SAS, 40 in 1:07-cv-06848-SAS, 34 in 1:06-cv-05952-SAS, 34 in 1:06-cv-05960-SAS, 82 in 1:03-cv-10051-SAS, 35 in 1:06-cv-05901-SAS, 40 in 1:06-cv-03750-SAS, 49 in 1:06-cv-03753-SAS, 59 in 1:08-cv-00312-SAS, 44 in 1:05-cv-09070-SAS, 34 in 1:06-cv-05948-SAS, 101 in 1:04-cv-04972-SAS, 68 in 1:06-cv-05496-SAS, 40 in 1:06-cv-03754-SAS, 35 in 1:06-cv-05956-SAS, 64 in 1:04-cv-01726-SAS, 83 in 1:04-cv-02388-SAS, 34 in 1:06-cv-05924-SAS, 42 in 1:07-cv-04011-SAS, 43 in 1:07-cv-04009-SAS, 35 in 1:06-cv-05907-SAS, 101 in 1:03-cv-09543-SAS, 34 in 1:06-cv-05921-SAS, 35 in 1:06-cv-05957-SAS, 35 in 1:06-cv-05925-SAS, 50 in 1:04-cv-02055-SAS, 62 in 1:04-cv-05421-SAS, 80 in 1:04-cv-04970-SAS, 81 in 1:03-cv-10053-SAS, 34 in 1:06-cv-05926-SAS, 40 in 1:05-cv-01310-SAS, 96 in 1:03-cv-09544-SAS, 34 in 1:06-cv-05945-SAS, 193 in 1:03-cv-08248-SAS, 34 in 1:06-cv-05917-SAS, 34 in 1:06-cv-05914-SAS, 64 in 1:04-cv-05422-SAS, 68 in 1:04-cv-02070-SAS, 58 in 1:04-cv-02062-SAS, 61 in 1:08-cv-07766-SAS, 35 in 1:06-cv-05905-SAS, 98 in 1:07-cv-02407-SAS, 35 in 1:06-cv-05959-SAS, 84 in 1:03-cv-10055-SAS, 40 in 1:08-cv-06306-SAS, 50 in 1:08-cv-00278-SAS, 34 in 1:06-cv-05951-SAS, 35 in 1:06-cv-05932-SAS, 40 in 1:06-cv-03742-SAS, 34 in 1:06-cv-05915-SAS, 36 in 1:06-cv-00877-SAS, 278 in 1:04-cv-05424-SAS, 82 in 1:04-cv-02053-SAS, 65 in 1:04-cv-03416-SAS, 5 in 1:09-cv-03738-SAS, 70 in 1:04-cv-06993-SAS, 53 in 1:04-cv-02067-SAS, 64 in 1:04-cv-01727-SAS, 2338 in 1:00-cv-01898-SAS-DCF, 35 in 1:06-cv-05949-SAS, 35 in 1:06-cv-05938-SAS, 63 in 1:04-cv-05423-SAS, 34 in 1:06-cv-05946-SAS, 35 in 1:06-cv-05912-SAS, 34 in 1:06-cv-05947-SAS, 35 in 1:06-cv-05950-SAS, 35 in 1:06-cv-05940-SAS, 76 in 1:04-cv-03418-SAS, 34 in 1:06-cv-05922-SAS, 61 in 1:04-cv-03420-SAS, 49 in 1:04-cv-04990-SAS, 35 in 1:06-cv-05902-SAS, 60 in 1:04-cv-01722-SAS, 50 in 1:04-cv-04973-SAS, 35 in 1:06-cv-05913-SAS, 65 in 1:08-cv-07764-SAS, 35 in 1:07-cv-09453-SAS, 96 in 1:04-cv-04968-SAS, 35 in 1:06-cv-05906-SAS, 44 in 1:05-cv-04018-SAS, 35 in 1:06-cv-05963-SAS, 66 in 1:07-cv-10470-SAS, 98 in 1:07-cv-02406-SAS, 35 in 1:06-cv-05911-SAS, 65 in 1:04-cv-02072-SAS, 119 in 1:04-cv-03417-SAS, 48 in 1:04-cv-04971-SAS, 88 in 1:04-cv-01720-SAS, 104 in 1:07-cv-02405-SAS, 62 in 1:04-cv-04975-SAS, 85 in 1:04-cv-01719-SAS, 35 in 1:06-cv-05942-SAS, 58 in 1:04-cv-01723-SAS, 84 in 1:03-cv-10052-SAS, 35 in 1:06-cv-05962-SAS, 60 in 1:04-cv-02060-SAS, 34 in 1:06-cv-05920-SAS, 239 in 1:03-cv-09050-SAS, 77 in 1:04-cv-01716-SAS, 84 in 1:04-cv-01721-SAS, 58 in 1:04-cv-03419-SAS, 47 in 1:04-cv-02057-SAS, 82 in 1:04-cv-02390-SAS, 63 in 1:04-cv-04969-SAS, 36 in 1:05-cv-10259-SAS, 80 in 1:03-cv-10054-SAS, 110 in 1:04-cv-02389-SAS, 36 in 1:06-cv-05903-SAS, 34 in 1:06-cv-05933-SAS, 5 in 1:09-cv-03739-SAS, 58 in 1:04-cv-02066-SAS, 57 in 1:04-cv-03415-SAS, 34 in 1:06-cv-05928-SAS, 35 in 1:06-cv-05939-SAS, 34 in 1:06-cv-05943-SAS, 66 in 1:04-cv-02068-SAS, 43 in 1:06-cv-01381-SAS, 98 in 1:07-cv-02403-SAS, 35 in 1:06-cv-01379-SAS, 65 in 1:04-cv-04974-SAS, 40 in 1:06-cv-03751-SAS, 57 in 1:04-cv-02061-SAS, 38 in 1:07-cv-08360-SAS, 34 in 1:06-cv-05941-SAS, 34 in 1:06-cv-05961-SAS, 83 in 1:03-cv-10056-SAS, 83 in 1:03-cv-10057-SAS, 17 in 1:09-cv-01419-SAS, 35 in 1:06-cv-05955-SAS, 35 in 1:06-cv-05923-SAS, 42 in 1:07-cv-04012-SAS, 34 in 1:06-cv-05937-SAS, 45 in 1:06-cv-03741-SAS, 59 in 1:04-cv-03412-SAS, 88 in 1:04-cv-01725-SAS, 40 in 1:06-cv-03752-SAS, 33 in 1:06-cv-05916-SAS, 58 in 1:04-cv-03413-SAS, 35 in 1:06-cv-05927-SAS, 34 in 1:06-cv-10205-SAS, 34 in 1:06-cv-05930-SAS, 79 in 1:04-cv-01718-SAS, 34 in 1:06-cv-05919-SAS, 58 in 1:04-cv-02059-SAS, 34 in 1:06-cv-05958-SAS, 34 in 1:06-cv-05953-SAS, 48 in 1:04-cv-02056-SAS, 49 in 1:04-cv-01724-SAS) Order Admitting Attorney Pro Hac Vice,,,,,,,,,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 27, 20092347Court Opinion or Order ORDER: It is hereby ordered that TOl/ATMI is hereby dismissed, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2) and according to the terms of the agreement of the parties as evidenced by the Notice of Voluntary Dismissal Under Federal Rule of Civil Procedure 41 (a)(2) and Joint Stipulation as to TOVATMI filed on January 9, 2009. (Signed by Judge Shira A. Scheindlin on 4/27/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(jpo)
April 28, 20092339NOTICE OF APPEARANCE by Paul Andrew Rosenthal on behalf of ConocoPhillips Company, ConocoPhillips Company, Conoco Phillips Co., Conoco Phillips Co., ConocoPhillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, ConocoPhillips, ConocoPhillips Company, Conocophillips Co, Ind &, Conoco, Inc., Conocophillips Company,, Conoco Phillips Company, ConocoPhilips Co, ConocoPhillips Company, ConocoPhillips Company, ConocoPhilips Company,, ConocoPhillips Company, ConocoPhillips Company, ConocoPhillips Company, ConocoPhillips Company, Conoco Phillips Company, ConocoPhillips Company, Conocophillips Company,, ConocoPhillips Company, Conocophillips Company,, Conoco Phillips Company(individually and as successor-in-interest to Conoco Inc. and Phillips PetroleumCompany, and d/b/a/Phillipss 66 Company, Conoco Phillips Company(individually and as successor-in-interest to Conoco Inc. and Phillips PetroleumCompany, and d/b/a/Phillipss 66 Company), Conoco Phillips Company, Conocophillips Company,, ConocoPhilips Company,, ConocoPhillips Co., Conoco Phillips Company, Conoco Phillips Co., Conocophillips Company,, Conocophillips Company,, ConocoPhillips Company, Conoco/Phillips Corporation, Conoco Phillips Co., Conoco Phillips Company,, ConocoPhilips Company,, Conocophillips Company,, ConocoPhillips Company, Conoco Philips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillps Company, Conoco Phillips Company, ConocoPhilips Company, Conocophillips Corporation, ConocoPhillips Company, ConocoPhillips Company Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Rosenthal, Paul)
April 28, 20092340NOTICE OF APPEARANCE by Lauren Kathleen Podesta on behalf of ConocoPhillips Company, ConocoPhillips Company, Conoco Phillips Co., Conoco Phillips Co., ConocoPhillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, ConocoPhillips, Conocophillips, Co.,, ConocoPhillips Company, Conocophillips Company,, Conoco Phillips Company, ConocoPhilips Co, ConocoPhillips Company, ConocoPhillips Company, ConocoPhilips Company,, ConocoPhillips Company, ConocoPhillips Company, ConocoPhillips Company, ConocoPhillips Company, Conoco Phillips Company, ConocoPhillips Company, Conocophillips Company,, ConocoPhillips Company, Conocophillips Company,, Conoco Phillips Company(individually and as successor-in-interest to Conoco Inc. and Phillips PetroleumCompany, and d/b/a/Phillipss 66 Company, Conoco Phillips Company(individually and as successor-in-interest to Conoco Inc. and Phillips PetroleumCompany, and d/b/a/Phillipss 66 Company), Conoco Phillips Company, Conocophillips Company,, ConocoPhilips Company,, ConocoPhillips Co., Conoco Phillips Company, Conoco Phillips Co., Conocophillips Company,, Conocophillips Company,, ConocoPhillips Company, Conoco Phillips Co., Conoco Phillips Company,, ConocoPhilips Company,, Conocophillips Company,, ConocoPhillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillps Company, Conoco Phillips Company, ConocoPhilips Company, Conocophillips Corporation, ConocoPhillips Company, ConocoPhillips Company Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Podesta, Lauren)
April 29, 2009 CASHIERS OFFICE REMARK on 2320 Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 04/28/2009, Receipt Number 686440. (jd)
April 30, 20092341NOTICE of Rule 41(1)(2) Dismissal and Order of Df Mercury Fuel Services Inc. Document filed by Our Lady of the Rosary Chapel, American Distilling & Manufacturing Co., Inc., Town of East Hampton, United Water CT Inc.. (Summy, Paul)
April 30, 20092342Court Opinion or Order STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST MARATHON DEFENDANTS, pursuant to FRCP 41(a)(2) the plaintiff City of NY and Marathon Petroleum Company LLC, hereby request that the Court enter this voluntary dismissal with prejudice against Marathon Oil Company and Marathon Petroleum Company LLC as set forth in the Fourth Amended Complaint, filed on 3/7/09. The parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own attorneys' fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 4/29/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
April 30, 20092343MEMORANDUM OF LAW in Opposition re: (90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
April 30, 20092344DECLARATION of Marnie E. Riddle in Opposition re: (90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 1, 20092345RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(Handel, Lauren)
May 1, 20092346RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying ESSO Standard Oil Company S.A. Limited, Exxon Mobil Corporation as Corporate Parent. Document filed by Esso Standard Oil Company (Puerto Rico), Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(Handel, Lauren)
May 1, 20092348Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE: Sunoco and Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors and Sal Jamal have advised the Court that they have resolved the matters between them. The parties consent to the dismissal with prejudice of Sunoco and Chestnut Malt of Newburgh, Inc., Chestnut Petroleum Distributors and Sal Jamal from this action. No other parties have objected to the dismissal of the above entitled action with prejudice as to Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors, Sal Jamal and Sunoco only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind. is hereby dismissed with prejudice as to Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors, Sal Jamal and Sunoco. (Signed by Judge Shira A. Scheindlin on 5/1/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(jpo)
May 1, 20092349Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE: It is hereby ordered, adjudged and decreed that Sunoco and Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors and Sal Jamal have advised the Court that they have resolved the matters between them. The parties consent to the dismissal with prejudice of Sunoco and Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors and Sal Jamal from this action. No other parties have objected to the dismissal of the above entitled action with prejudice as to Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors, Sal Jamal and Sunoco only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind. is hereby dismissed with prejudice as to Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Distributors, Sal Jamal and Sunoco. (Signed by Judge Shira A. Scheindlin on 5/1/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(jpo)
May 4, 20092350MEMORANDUM OF LAW in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Defendants' Further Supplemental Memorandum. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew)
May 4, 20092351RULE 56.1 STATEMENT. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (Attachments: # 1 56.1 Statement - Part 2, # 2 56.1 Statement - Part 3, # 3 56.1 Statement - Part 4)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew)
May 4, 20092352DECLARATION of James J. Finsten in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (Attachments: # 1 Exhibits 1-2, # 2 Exhibits 3-6, # 3 Exhibits 7-9, # 4 Exhibit 10 - Part 1, # 5 Exhibit 10 - Part 2, # 6 Exhibit 10 - Part 3, # 7 Exhibit 10 - Part 4, # 8 Exhibits 11-12, # 9 Exhibit 13 - Part 1, # 10 Exhibit 13 - Part 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew)
May 4, 20092353DECLARATION of William T. Costley III in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew)
May 5, 20092354MEMO ENDORSEMENT on Notice and Order of Rule 41(a)(2) Dismissal of Defendant Petron, Inc.; Petron, Inc. is hereby dismissed in the above captioned action. (Signed by Judge Shira A. Scheindlin on 5/5/09) (ae)
May 5, 20092355Court Opinion or Order ORDER; Upon motion of certain defendants and opposition of plaintiffs, the Court herebydeclines to exercise supplemental jurisdiction over the state law claims in the above-captioned actions for the reasons set forth in the Court's March 9,2009 Opinion and Order. Therefore, the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth Causes of Action are dismissed without prejudice against defendants Lyondell Chemical Company; Chevron USA Inc.; Chevron Corporation; Texaco Inc.; Texaco Refining and Marketing Inc.; TRM Company; TRME; Shell Oil Company; Shell Oil Products Company, LLC; Shell Trading (US) Company; Equilon Enterprises, LLC; and ExxonMobil Corporation. Because only state law claims are asserted against the remaining defendants, these actions are dismissed in their entirety without prejudice as against the remaining defendants. (Signed by Judge Shira A. Scheindlin on 5/6/09) (ae)
May 7, 20092444RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hess Corporation as Corporate Parent. Document filed by Hess Oil Virgin Islands Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
May 7, 20092445RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hess Oil Virgin islands Corp and PDVSA V.I. as Corporate Parent. Document filed by Hovensa L.L.C.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
May 8, 20092356Court Opinion or Order CASE MANAGEMENT ORDER #53:All pretrial deadlines set forth in prior Case Management Orders for the City of New York case are hereby extended by thirty (30) days for all defendants except for the following companies and related entities that are also defendants in the City of New York case: ExxonMobil Corporation, Crown Central Petroleum Corporation, Total Petrochemicals USA Inc., and Lyondell Chemical Company. (Signed by Judge Shira A. Scheindlin on 5/7/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
May 8, 20092357NOTICE OF APPEARANCE by Lesley Elizabeth Williams on behalf of The City of New York Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 8, 20092358Court Opinion or Order ORDER TO ADMIT JOSHUA C. COHEN AS COUNSEL PRO HAC VICE: Joshua C. Cohen is admitted to practice before this Court pro hac vice on behalf of the City of New York upon the deposit of the required $25 fee to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 5/7/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
May 11, 20092359MOTION in Limine to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to Arco Chemical Company or Lyondell Chemical Company. Document filed by Lyondell Chemical Company, Lyondell Chemical Company. (Attachments: # 1 Certification of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 20092360DECLARATION of Joseph T. Lee in Support re: (2359 in 1:00-cv-01898-SAS-DCF, 133 in 1:04-cv-03417-SAS) MOTION in Limine to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to Arco Chemical Company or Lyondell Chemical Company.. Document filed by Lyondell Chemical Company, Lyondell Chemical Company. (Attachments: # 1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 20092361MEMORANDUM OF LAW in Support re: (2359 in 1:00-cv-01898-SAS-DCF, 133 in 1:04-cv-03417-SAS) MOTION in Limine to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to Arco Chemical Company or Lyondell Chemical Company.. Document filed by Lyondell Chemical Company, Lyondell Chemical Company. (Attachments: # 1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 20092362JOINT MOTION in Limine to Exclude Evidence of Customer Taste and Odor Complaints. Document filed by Lyondell Chemical Company, Mobil Oil Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Crown Central Petroleum Corporation, Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company, Crown Central LLC, Mobil Oil Corporation. (Attachments: # 1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 20092363MEMORANDUM OF LAW in Support re: (136 in 1:04-cv-03417-SAS, 2362 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Lyondell Chemical Company, Mobile Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Crown Central Petroleum Corporation, Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company, Crown Central LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 20092364JOINT MOTION in Limine to Exclude Evidence of Protected Lobbying Conduct. Document filed by Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Company. (Attachments: # 1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 20092365MEMORANDUM OF LAW in Support re: (138 in 1:04-cv-03417-SAS, 2364 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Company. (Attachments: # 1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 20092366MOTION in Limine to Exclude Evidence and Argument Regarding Alledged Potential Human Health Effects Associated with MTBE. Document filed by Lyondell Chemical Company, Mobile Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 20092367JOINT MOTION in Limine to Preclude Plaintiff from Introducing Evidence or Argument: (1) Relating to Non-Parties Against Defendants; or (2) Relating Only to One Defendant Against Multiple Defendants. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092368MEMORANDUM OF LAW in Support re: (140 in 1:04-cv-03417-SAS, 2366 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Lyondell Chemical Company, Mobile Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 20092369MEMORANDUM OF LAW in Support re: (141 in 1:04-cv-03417-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092370DECLARATION of Stephen J. Riccardulli in Support re: (141 in 1:04-cv-03417-SAS, 2367 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092371JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Other MTBE Litigation. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092372DECLARATION of Inbal Paz in Support re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Lyondell Chemical Company, Mobile Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 20092373MEMORANDUM OF LAW in Support re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092374JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092375MEMORANDUM OF LAW in Support re: (2374 in 1:00-cv-01898-SAS-DCF, 148 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092376REPLY MEMORANDUM OF LAW in Support re: (90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092377CERTIFICATE OF SERVICE. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092378JOINT MOTION in Limine to Exclude Evidence Regarding MTBE Contamination in Non-Focus Wells. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092379MEMORANDUM OF LAW in Support re: (152 in 1:04-cv-03417-SAS, 2378 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092380JOINT MOTION in Limine to Exclude Evidence of Past Costs or Injury Associated with Plaintiff's Wells 5, 22, 26, 39 and 45. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092381MEMORANDUM OF LAW in Support re: (154 in 1:04-cv-03417-SAS, 2380 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092382DECLARATION of Jennifer Kalnins Temple in Support re: (154 in 1:04-cv-03417-SAS, 2380 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092383JOINT MOTION in Limine to Exclude Evidence of Future Injury or Damage to Wells 5, 22, 26, 39 and 45. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092384MEMORANDUM OF LAW in Support re: (2383 in 1:00-cv-01898-SAS-DCF, 157 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence of Future Injury or Damage to Wells 5, 22, 26, 39 and 45.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092385DECLARATION of Jennifer Kalnins Temple in Support re: (2383 in 1:00-cv-01898-SAS-DCF, 157 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence of Future Injury or Damage to Wells 5, 22, 26, 39 and 45.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092386JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092387MEMORANDUM OF LAW in Support re: (2386 in 1:00-cv-01898-SAS-DCF, 160 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092388DECLARATION of Jennifer Kalnins Temple in Support re: (2386 in 1:00-cv-01898-SAS-DCF, 160 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092389JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092390MEMORANDUM OF LAW in Support re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092391DECLARATION of Jennifer Kalnins Temple in Support re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092392JOINT MOTION in Limine to Exclude Non-Expert Testimony of Kathleen Burns and Marcel Moreau. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092393MEMORANDUM OF LAW in Support re: (2392 in 1:00-cv-01898-SAS-DCF, 166 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Non-Expert Testimony of Kathleen Burns and Marcel Moreau.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092394DECLARATION of Lauren Handel in Support re: (2392 in 1:00-cv-01898-SAS-DCF, 166 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Non-Expert Testimony of Kathleen Burns and Marcel Moreau.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092395JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Plaintiff's Past and Future Investigation and Treatment Costs Until It Proves Actual Injury. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092396MEMORANDUM OF LAW in Support re: (169 in 1:04-cv-03417-SAS, 2395 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092397DECLARATION of Lauren Handel in Support re: (169 in 1:04-cv-03417-SAS, 2395 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092398MOTION in Limine NO. 1 TO EXCLUDE EVIDENCE OR ARGUMENT THAT FEDERAL OR NEW YORK LAW EVER REQUIRED MTBE IN GASOLINE DELIVERED TO OR SOLD IN THE RGA. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 20092399MEMORANDUM OF LAW in Support re: (172 in 1:04-cv-03417-SAS) MOTION in Limine. NO. 1. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 20092400CERTIFICATE OF SERVICE. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 20092401MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions. Document filed by The City of New York.(Williams, Lesley)
May 11, 20092402MEMORANDUM OF LAW in Support re: (2401 in 1:00-cv-01898-SAS-DCF) MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions., (175 in 1:04-cv-03417-SAS) MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 11, 20092403MOTION Request for Judicial Notice re: (172 in 1:04-cv-03417-SAS, 2398 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 20092404MOTION in Limine NO. 2 TO EXCLUDE EVIDENCE OR ARGUMENT THAT FEDERAL AGENCIES ENDORSED OR APPROVED THE USE OF MTBE IN GASOLINE. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 20092405MOTION in Limine No. 3 to Exclude Expert Testimony Consisting of Legal Conclusions, Interpreting the Law, or Regarding Legislative or Agency Motive or Intent. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 20092406MEMORANDUM OF LAW in Support re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 2. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 20092407MEMORANDUM OF LAW in Support re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 3 to Exclude Expert Testimony Consisting of Legal Conclusions, Interpreting the Law, or Regarding Legislative or Agency Motive or Intent. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 20092408MOTION Request for Judicial Notice re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 20092409DECLARATION of Marnie E. Riddle in Support re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 20092410MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 20092411MOTION in Limine No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 20092412MEMORANDUM OF LAW in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 20092413MEMORANDUM OF LAW in Support re: (2411 in 1:00-cv-01898-SAS-DCF, 186 in 1:04-cv-03417-SAS) MOTION in Limine No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance. No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 20092414DECLARATION of Marnie E. Riddle in Support re: (2411 in 1:00-cv-01898-SAS-DCF, 186 in 1:04-cv-03417-SAS) MOTION in Limine No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 20092415DECLARATION of Nicholas G. Campins in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 20092416MOTION in Limine No. 7 to Exclude Evidence of Relative Toxicity of other Contaminants as Compared to MTBE. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 20092417MEMORANDUM OF LAW in Support re: (192 in 1:04-cv-03417-SAS, 2416 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 7. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 20092418MOTION in Limine NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THE LIABILITY OF NON-DEFENDANT OWNERS/OPERATORS OF UNDERGROUND STORAGE TANKS. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 20092419MEMORANDUM OF LAW in Support re: (194 in 1:04-cv-03417-SAS, 2418 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THE LIABILITY OF NON-DEFENDANT OWNERS/OPERATORS OF UNDERGROUND STORAGE TANKS. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 20092420MOTION in Limine No. 5 to Exclude Evidence or Argument that MTBE does not require Remediation at Levels above the MCL. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 20092421MEMORANDUM OF LAW in Support re: (196 in 1:04-cv-03417-SAS, 2420 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 5 to Exclude Evidence or Argument that MTBE does not require Remediation at Levels above the MCL. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 20092422MOTION Request for Judicial Notice re: (196 in 1:04-cv-03417-SAS, 2420 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 5 to Exclude Evidence or Argument that MTBE does not require Remediation at Levels above the MCL. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 12, 20092423TRANSCRIPT of proceedings held on 4/24/09 before Judge Shira A. Scheindlin. (ldi)
May 14, 20092424MOTION to Exclude Testimony and Opinion of Martin Tallett. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 14, 20092425MEMORANDUM OF LAW in Support re: (200 in 1:04-cv-03417-SAS, 2424 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 14, 20092426DECLARATION of Michael J. Dillon in Support re: (200 in 1:04-cv-03417-SAS, 2424 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B - Part 2, # 4 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 14, 2009 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 05/11/2009, Receipt Number 687541. PAYMENT PRO HAC VICE FOR JOSHUA C COHEN (jd)
May 14, 20092427Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GIANT DEFENDANTS: The Court enters this voluntary dismissal with prejudice of all claims against Giant as set forth in the Plaintiff's Fourth Amended Complaint, filed on March 9, 2007. The parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own attorneys' fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 5/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db)
May 14, 20092428MEMORANDUM OF LAW in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 14, 20092429DECLARATION of TODD E. ROBINS in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 14, 20092430DECLARATION of HARRY T. LAWLESS, Ph.D. in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 14, 20092431DECLARATION of ANDREW E. SCHULMAN, Ph.D. in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 14, 20092432DECLARATION of STEVEN C. SCHINDLER in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 14, 20092433DEFENDANT CHEVRON PHILLIPS CHEMICAL PUERTO RICO CORE LLC'S DISCLOSURE OF CORPORATE STRUCTURE PURSUANT TO SECTION III OF PROPOSED CASE MANAGEMENT ORDER, that defendant's parent corporation is Chevron Phillips Chemical Puerto Rico Core Holdings LLC, which is not a publicly traded company. Document filed by Chevron Phillips Chemical Puerto Rico Core, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
May 14, 20092434DEFENDANT CONOCOPHILLIPS COMPANY'S DISCLOSURE OF CORPORATE STRUCTURE PURSUANT TO SECTION III OF PROPOSED CASE MANAGEMENT ORDER, defendant's parent corporation is ConocoPhillips, which is a publicly traded company... Document filed by ConocoPhillips Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
May 15, 20092435NOTICE OF APPEARANCE by Nicholas G. Campins on behalf of City of Pomona Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03738-SAS(Campins, Nicholas)
May 15, 20092436NOTICE OF APPEARANCE by Joshua G Stein on behalf of City of Pomona Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03738-SAS(Stein, Joshua)
May 15, 20092437NOTICE OF APPEARANCE by Lesley Elizabeth Williams on behalf of City of Pomona Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03738-SAS(Williams, Lesley)
May 15, 20092438NOTICE of ERRATA re: (2428 in 1:00-cv-01898-SAS-DCF, 205 in 1:04-cv-03417-SAS) Memorandum of Law in Opposition to Motion,. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 15, 20092439Court Opinion or Order ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS, Stacey Camacho, as the parent having legal custody of the infants, Elizabeth Guadalupe and Luis Guadalupe, be and is hereby authorized and permitted to compromise and settle the above-captioned action for and on behalf of Elizabeth Guadalupe and Luis Guadalupe, against Defendants Mobil Corporation and Exxon Mobil Corporation for an amount to be determined by the Honorable Samuel G. Fredman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from Exxon Mobil, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 5/15/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
May 15, 20092440Court Opinion or Order ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS, Ronald and Joan Bucholz, as the parents having legal custody of the infants, Erik Buchholz, Alexander Buchholz, and Dylan Buchholz, be and are hereby authorized and permitted to compromise and settle the above-captioned action for and on behalf of Erik Buchholz, Alexander Bucholz, and Dylan Bucholz, against Defendants Mobil Corporation and Exxon Mobil Corporation for an amount to be determined by the Honorable Samuel G. Feldman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from ExxonMobil to the Plaintiffs, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 5/15/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
May 15, 20092441Court Opinion or Order ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS, Chris and Tracie DeSpirito, as the parent having legal custody of the infant, William DeSpirito, be and are hereby authorized and permitted to compromise and settle the above-captioned action for and on behalf of William DeSprito, against Defendats Mobil Corporation and Exxon Mobil Corporation for an amount to be determined by the Honorable Samuel G. Fredman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from ExxonMobil to the Plaintiffs, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 5/15/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
May 15, 20092442Court Opinion or Order ORDER APPROVING SETTLEMENT OF ACTION ON BEHALF OF INFANTS, Michael and Cheryl Shrieve, as the parents having legal custody of the infants, Richard Shrieve and Derrike Shrieve, be and are hereby authorized and permitted to compromise and settle the above-captioned action for and on behalf of Richard Shrieve and Derrike Shrieve, against Defendants Mobil Corporation and Exxon Mobil Corporation for an amount to be determined by the Honorable Samuel G. Fredman, the special Settlement Master retained by Plaintiffs to allocate the Aggregate Settlement Payment from ExxonMobil to the Plaintiffs, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 5/15/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
May 18, 20092443RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Chevron Phillips Chemical Puerto Rico Core Holdings LLC as Corporate Parent. Document filed by Chevron Phillips Chemical Puerto Rico Core, Inc.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(cd)
May 19, 20092446Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Patrick County School Board and Defendant Getty Petroleum Marketing Inc. ("GPMI"), hereby request that the Court enter this voluntary dismissal with prejudice of all claims against GPMI as set forth in Plaintiff's Seventh Amended Complaint, filed on October 26, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. SO ORDERED (Signed by Judge Shira A. Scheindlin on 5/19/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02070-SAS(jmi)
May 19, 20092447Court Opinion or Order STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(1) by plaintiff City of Vineland Water-Sewer Utility, with prejudice, with each party to bear expenses, costs, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-09070-SAS(cd)
May 19, 20092448Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(1) by plaintiff Northampton, Bucks County Municipal Authority with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-06993-SAS(cd)
May 19, 20092449Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiffs Greensville County Water and Sewer Authority and City of Greensville, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-01310-SAS(cd)
May 19, 20092450Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff County of Nassau with prejudice, with each party bearing its own costs, expenses and attorneys' and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09543-SAS(cd)
May 19, 20092451Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Water Authority of Western County with prejudice, with each party bearing its own costs, expenses and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09544-SAS(cd)
May 19, 20092452Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2), by plaintiff Our Lady of the Rosary Chapel, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS(cd)
May 19, 20092453Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff American Distilling & Mfg, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01719-SAS(cd)
May 19, 20092454Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Town of East Hampton, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01720-SAS(cd)
May 19, 20092455Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff United Water Connecticut, with prejudice, with each party bearing its own costs, expenses and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01721-SAS(cd)
May 19, 20092456Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Town of Duxbury, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01725-SAS(cd)
May 19, 20092457Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2), by plaintiff New Jersey Water, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01726-SAS(cd)
May 19, 20092458Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Water Authority of Great Neck North, with prejudice, with each party bearing its own costs, expenses and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01727-SAS(cd)
May 19, 20092459Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Long Island Water Corp, with prejudice, with each party bearing its own costs, expenses and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02068-SAS(cd)
May 19, 20092460Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Town of Hartland, County of Windsor, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02072-SAS(cd)
May 19, 20092461Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Town of Wappinger, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02388-SAS(cd)
May 19, 20092462Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff United Water NY, with prejudice, with each party bearing its own costs, expenses and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS(cd)
May 19, 20092463Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02390-SAS(cd)
May 19, 20092464Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41 by plaintiff Port Washington Water District, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03415-SAS(cd)
May 19, 20092465Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a(2) by plaintiff Buchanan County School Board, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03418-SAS(cd)
May 19, 20092466Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Craftsbury Fire District, with prejudice, withe ach party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03419-SAS(cd)
May 19, 20092467Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Town of Matoaka Water System, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03420-SAS(cd)
May 19, 20092468Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Hicksville Water District, with prejudice, withe each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05421-SAS(cd)
May 19, 20092469Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a)(2) by plaintiff Roslyn Water District, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05422-SAS(cd)
May 19, 20092470Court Opinion or Order STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, pursuant to FRCP 41(a(2) by plaintiff Franklin Square Water District, with prejudice, with each party bearing its own expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05423-SAS(cd)
May 19, 20092471Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GETTY PETROLEUM MARKETING INC, by plaintiffs County of Suffolk and Suffolk County Water Authority, with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
May 22, 20092472TRANSCRIPT of proceedings held on 5/15/09 before Judge Shira A. Scheindlin. (cd)
May 26, 20092473MEMORANDUM OF LAW in Opposition re: (169 in 1:04-cv-03417-SAS, 2395 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. to Exclude Evidence and Argument Regarding Plaintiff's Past and Future Investigation and Treatment Costs Until It Proves Actual Injury. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 26, 20092474DECLARATION of Nicholas G. Campins in Opposition re: (2395 in 1:00-cv-01898-SAS-DCF, 169 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Plaintiff's Past and Future Investigation and Treatment Costs Until It Proves Actual Injury.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 26, 20092475RESPONSE to Motion re: (136 in 1:04-cv-03417-SAS, 2362 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Plaintiff City of New York's Conditional Non-Opposition to Defendants Joint Motion in Limine to Exclude Evidence of Customer Taste and Odor Complaints. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 26, 20092476RESPONSE to Motion re: (136 in 1:04-cv-03417-SAS, 2362 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Declaration of Todd E. Robins in Support of Plaintiff City of New Yorks Conditional Non-Opposition to Defendants Joint Motion in Limine to Exclude Evidence of Customer Taste and Odor Complaints. Document filed by The City of New York. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 26, 20092477MEMORANDUM OF LAW in Opposition re: (172 in 1:04-cv-03417-SAS, 2398 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 1 TO EXCLUDE EVIDENCE OR ARGUMENT THAT FEDERAL OR NEW YORK LAW EVER REQUIRED MTBE IN GASOLINE DELIVERED TO OR SOLD IN THE RGA. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 20092478MEMORANDUM OF LAW in Opposition re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 2 TO EXCLUDE EVIDENCE OR ARGUMENT THAT FEDERAL AGENCIES ENDORSED OR APPROVED THE USE OF MTBE IN GASOLINE. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 20092479MEMORANDUM OF LAW in Opposition re: (138 in 1:04-cv-03417-SAS) MOTION in Limine. to Exclude Evidence of Protected Lobbying Conduct. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 26, 20092480DECLARATION of Lauren Handel in Opposition re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 20092481MEMORANDUM OF LAW in Opposition re: (133 in 1:04-cv-03417-SAS) MOTION in Limine. to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to ARCO Chemical Company or Lyondell Chemical Company. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 26, 20092482MEMORANDUM OF LAW in Opposition re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 3 TO EXCLUDE EXPERT TESTIMONY CONSISTING OF LEGAL CONCLUSIONS, INTERPRETING THE LAW, OR REGARDING LEGISLATIVE OR AGENCY MOTIVE OR INTENT. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 20092483DECLARATION of Lauren Handel in Opposition re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 20092484DECLARATION of Lesley E. Williams in Opposition re: (2359 in 1:00-cv-01898-SAS-DCF, 133 in 1:04-cv-03417-SAS) MOTION in Limine to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to Arco Chemical Company or Lyondell Chemical Company.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 26, 20092485MEMORANDUM OF LAW in Opposition re: (194 in 1:04-cv-03417-SAS, 2418 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THE LIABILITY OF NON-DEFENDANT OWNERS/OPERATORS OF UNDERGROUND STORAGE TANKS. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 20092486MEMORANDUM OF LAW in Opposition re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. to Exclude Evidence and Argument Regarding Other MTBE Litigation. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 26, 20092487DECLARATION of Lesley E. Williams in Opposition re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 26, 20092488MEMORANDUM OF LAW in Opposition re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 20092489MEMORANDUM OF LAW in Opposition re: (141 in 1:04-cv-03417-SAS, 2367 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. to Preclude Plaintiff from Introducing Evidence or Argument: (1) Relating to Non-Parties Against Defendants; or (2) Relating Only to One Defendant Against Multiple Defendants. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 26, 20092490DECLARATION of Jennifer Kalnins Temple in Opposition re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 20092491MEMORANDUM OF LAW in Opposition re: (2401 in 1:00-cv-01898-SAS-DCF) MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 20092492MEMORANDUM OF LAW in Opposition re: (183 in 1:04-cv-03417-SAS) TENTH MOTION in Limine To Exclude Evidence and Argument Relating to Prior Regulatory Enforcement Actions Against the City Concerning City-Owned USTs.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 20092493DECLARATION of Jennifer Kalnins Temple in Opposition re: (183 in 1:04-cv-03417-SAS) TENTH MOTION in Limine To Exclude Evidence and Argument Relating to Prior Regulatory Enforcement Actions Against the City Concerning City-Owned USTs.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 20092494MEMORANDUM OF LAW in Opposition re: (140 in 1:04-cv-03417-SAS, 2366 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. to Exclude Evidence and Argument Regarding Alleged Potential Human Health Effects Associated with MTBE. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 26, 20092495DECLARATION of Marnie E. Riddle in Opposition re: (140 in 1:04-cv-03417-SAS, 2366 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 26, 20092496MEMORANDUM OF LAW in Opposition re: (2374 in 1:00-cv-01898-SAS-DCF, 148 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
May 26, 20092497FILING ERROR - DEFICIENT DOCKET ENTRY (See document #2500) - MEMORANDUM OF LAW in Opposition re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) Modified on 5/28/2009 (jar).
May 26, 20092498DECLARATION of Marnie E. Riddle in Opposition re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 26, 20092499DECLARATION of Joshua Stein in Opposition re: (2374 in 1:00-cv-01898-SAS-DCF, 148 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
May 27, 20092500MEMORANDUM OF LAW in Opposition re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level. CORRECTED. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 27, 20092502TRANSCRIPT of proceedings held on 5/21/09 before Judge Shira A. Scheindlin. (cd)
May 28, 20092501REPLY MEMORANDUM OF LAW in Support re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 28, 20092503Court Opinion or Order ORDER, upon motion of certain defendants and opposition of plaintiffs, the Court hereby declines to exercise supplemental jurisdiction over the state law claims in (08-9994 and 08-11056) for the reasons set forth in the Court's 3/9/09 Opinion and Order, and as further set forth in this document.....Because only state law claims are asserted against the remaining defendants, these actions are dismissed in their entirety without prejudice as against the remaining defendants. (also docketed in 08-9994 and 08-11056) (Signed by Judge Shira A. Scheindlin on 5/28/09) (cd)
June 1, 20092504Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Matthew K. Edling for Redwood Center Ltd. Partnership admitted Pro Hac Vice, upon the deposit of the required $25.00 fee per applicant to the Clerk of Court. (Signed by Judge Shira A. Scheindlin on 6/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03739-SAS(cd)
June 1, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (7 in 1:09-cv-03739-SAS, 2504 in 1:00-cv-01898-SAS-DCF) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03739-SAS(cd)
June 1, 20092505Court Opinion or Order NOTICE AND ORDER OF RULE 41(A)(2) DISMISSAL OF DEFENDANT MERCURY FUEL SERVICES INC, without prejudice, with each party to bear its own costs. Plaintiffs reserve all other rights against all other defendants... (Signed by Judge Shira A. Scheindlin on 6/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS, 1:04-cv-01719-SAS, 1:04-cv-01720-SAS, 1:04-cv-01721-SAS(cd)
June 2, 20092506NOTICE of Withdrawal of Appearance of Keith T. Tashima. Document filed by Sunoco Inc.. (Schauwecker, Paula)
June 2, 20092507REPLY MEMORANDUM OF LAW in Support re: (169 in 1:04-cv-03417-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 2, 20092508REPLY MEMORANDUM OF LAW in Support re: (166 in 1:04-cv-03417-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 2, 20092509REPLY MEMORANDUM OF LAW in Support re: (172 in 1:04-cv-03417-SAS, 2398 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 1 to Exclude Evidence or Argument That Federal or New York Law Ever Required MTBE in Gasoline Delivered to or Sold in the RGA. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 2, 20092510DECLARATION of Lesley E. Williams in Support re: (172 in 1:04-cv-03417-SAS, 2398 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 2, 20092511REPLY MEMORANDUM OF LAW in Support re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 3 TO EXCLUDE EXPERT TESTIMONY CONSISTING OF LEGAL CONCLUSIONS, INTERPRETING THE LAW, OR REGARDING LEGISLATIVE OR AGENCY MOTIVE OR INTENT. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
June 2, 20092512REPLY MEMORANDUM OF LAW in Support re: (2411 in 1:00-cv-01898-SAS-DCF, 186 in 1:04-cv-03417-SAS) MOTION in Limine No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
June 2, 20092513REPLY MEMORANDUM OF LAW in Support re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 2 to Exclude Evidence or Argument That Federal Agencies Endorsed or Approved the Use of MTBE in Gasoline. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 2, 20092514REPLY MEMORANDUM OF LAW in Support re: (196 in 1:04-cv-03417-SAS, 2420 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 5 TO EXCLUDE EVIDENCE OR ARGUMENT THAT MTBE DOES NOT REQUIRE REMEDIATION AT LEVELS ABOVE THE MCL. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
June 2, 20092515FILING ERROR - DEFICIENT DOCKET ENTRY - (PLEASE SEE DOCUMENT # 2520) - REPLY MEMORANDUM OF LAW in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) Modified on 6/8/2009 (gp).
June 2, 20092516REPLY MEMORANDUM OF LAW in Support re: (194 in 1:04-cv-03417-SAS, 2418 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THE LIABILITY OF NON-DEFENDANT OWNERS/OPERATORS OF UNDERGROUND STORAGE TANKS. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
June 2, 20092517DECLARATION of Lesley E. Williams in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 2, 20092518REPLY MEMORANDUM OF LAW in Support re: (2401 in 1:00-cv-01898-SAS-DCF) MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 2, 20092519REPLY MEMORANDUM OF LAW in Support re: (192 in 1:04-cv-03417-SAS, 2416 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 7 TO EXCLUDE EVIDENCE OF THE RELATIVE TOXICITY OF OTHER CONTAMINANTS AS COMPARED TO MTBE. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
June 2, 20092520REPLY MEMORANDUM OF LAW in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS. CORRECTED. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 3, 20092521REPLY MEMORANDUM OF LAW in Support re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. ExxonMobil's Reply Memorandum of Law in Support of Defendants' Motion in Limine to Exclude Evidence and Argument Regarding Other MTBE Litigation. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 20092522DECLARATION of Stephen J. Riccardulli in Support re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 20092523REPLY MEMORANDUM OF LAW in Support re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 20092524DECLARATION of Jennifer Kalnins Temple in Support re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 20092525REPLY MEMORANDUM OF LAW in Support re: (140 in 1:04-cv-03417-SAS, 2366 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. ExxonMobil's Reply Memorandum of Law in Support of Defendants' Motion in Limine to Exclude Evidence and Argument Regarding Alleged Potential Human Health Effects Associated with MTBE. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 20092526REPLY MEMORANDUM OF LAW in Support re: (2386 in 1:00-cv-01898-SAS-DCF, 160 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 20092527DECLARATION of Jennifer Kalnins Temple in Support re: (2386 in 1:00-cv-01898-SAS-DCF, 160 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 20092528REPLY MEMORANDUM OF LAW in Support re: (138 in 1:04-cv-03417-SAS, 2364 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Defendant's Reply Memorandum of Law in Further Support of Its Motion in Limine to Exclude Evidence of Protected Lobbying Conduct. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 20092529REPLY MEMORANDUM OF LAW in Support re: (2374 in 1:00-cv-01898-SAS-DCF, 148 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 20092530REPLY MEMORANDUM OF LAW in Support re: (154 in 1:04-cv-03417-SAS, 2380 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Defendant's Reply in Further Support of its Motion in Limine to Exclude Evidence of Past Costs or Injury Associated with Plaintiff's Wells 5, 22, 26, 39 and 45. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 20092531REPLY MEMORANDUM OF LAW in Support re: (2383 in 1:00-cv-01898-SAS-DCF, 157 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence of Future Injury or Damage to Wells 5, 22, 26, 39 and 45.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 20092532REPLY MEMORANDUM OF LAW in Support re: (141 in 1:04-cv-03417-SAS, 2367 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Defendant's Reply in Further Support of Defendants' Joint Motion in Limine to Preclude Plaintiff from Introducing Evidence or Argument: (1) Relating to Non-Parties Against Defendants; or (2) Relating Only to One Defendant Against Multiple Defendants. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 4, 20092533MEMORANDUM OF LAW in Opposition re: (211 in 1:04-cv-03417-SAS) MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 4, 20092534DECLARATION of Fletcher G. Driscoll in Opposition re: (211 in 1:04-cv-03417-SAS) MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 4, 20092535DECLARATION of Stephen J. Riccardulli in Opposition re: (211 in 1:04-cv-03417-SAS) MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 5, 20092536REPLY MEMORANDUM OF LAW in Support re: (200 in 1:04-cv-03417-SAS, 2424 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 5, 20092537DECLARATION of Michael J. Dillon in Support re: (200 in 1:04-cv-03417-SAS, 2424 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 8, 20092538PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 8, 20092539REQUEST TO CHARGE. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 8, 20092540TRIAL MEMORANDUM. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 8, 20092541WITNESS LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
June 8, 20092542Exhibit List for Phase I - Case in Chief (Exhibit 3 to the Proposed Pretrial Order). Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
June 9, 20092543Court Opinion or Order OPINION AND ORDER:#97619 that for the foregoing reasons, defendants' motion in limine is granted in part and denied in part. If the City relies on market share liability to prove causation for a particular well, it is precluded from arguing that punitive damages are available for that well, it is further precluded from presenting evidence that is relevant solely to punitive damages as to that well. If the City relies on the commingled product theory to establish liability, it is not precluded from arguing that punitive damages are available, or from presenting evidence of punitive damages, for that well. The Clerk of the Court is directed to close this motion (document #95(90) in 04-3417; document #2306 in 00-1898. re: (2306 in 1:00-cv-01898-SAS-DCF, 90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories, filed by Exxon Mobil Corporation. (Signed by Judge Shira A. Scheindlin on 6/9/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) Modified on 6/10/2009 (jab).
June 12, 20092544Court Opinion or Order ORDER: (1) Hard copies of the complete deposition transcripts at issue, with the requisite color coding, shall be provided to the Court, unless the partiesagree that the ruling may be made on some smaller portion of the transcript, in which case such smaller portion may be provided. Each page where an objectionis made shall be marked With a tab. (2) To the extent necessary for an informedruling, the party making the objection shall include all factual contentions and legal arguments that support that objection, with appropriate citation to the record and/or authorities. (3) The party opposing the objection mustsimilarly include any factual contentions and legal arguments that support its response to the objection, with appropriate citation to the record and/orauthorities. (4) If the parties' contentions cannot be included on the actual page of the deposition at issue, they may be attached to the particular page of the transcript where the objection is made. To the extent the objection relates to a deposition exhibit (for example, objections relating to "authenticity"), the exhibit shall be attached as well. (Signed by Magistrate Judge Henry B. Pitman on 6/12/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies Mailed by Chambers.(db)
June 15, 20092545PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 15, 20092546REQUEST TO CHARGE. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 15, 20092547OPPOSITION BRIEF Objections to Exxon Mobil Corporation's Proposed Phase I Jury Instructions. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 15, 20092548OPPOSITION BRIEF Objections to Defendant Exxon Mobil Corporation's Proposed Phase I Verdict Form. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 15, 20092549PROPOSED VOIR DIRE QUESTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
June 15, 20092550OPPOSITION BRIEF to Defendants' Trial Memorandum for Phase One. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 15, 20092551WITNESS LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 15, 20092552Exhibit List Phase II Trial Exhibit List. Document filed by The City of New York. (Attachments: # 1 Exhibit Trial Exhibit List for Phase II, # 2 Appendix A, # 3 Appendix B, # 4 Appendix C)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
June 16, 20092553OPPOSITION BRIEF CORRECTED Objections to Defendant Exxon Mobil Coporation's Proposed Phase I Verdict Form. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 16, 20092560TRANSCRIPT of proceedings held on 6/2/09 before Judge Shira A. Scheindlin. (cd)
June 17, 20092554TRANSCRIPT of proceedings held on 5/28/09 before Judge Shira A. Scheindlin. (cd)
June 17, 20092555TRANSCRIPT of proceedings held on 6/5/09 before Judge Shira A. Scheindlin. (cd)
June 17, 20092556JOINT MOTION to Dismiss. Document filed by Equistar Chemicals, L.P.,, Lyondell Chemical Company,, Lyondell Chemical Company, Equistar Chemicals, L.P., Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Company,, Equistar Chemicals, LP, Lyondell Chemical Co., Lyondell Chemical Co., Equistar Chemicals L.P., Lyondell Chemical Co., Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Co., Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Co, Equistar Chemicals, LP, Lyondell Chemical Company, Lyondell Chemical Company,, Lydondell Chemical Company, Equistar Chemicals,L.P., Lyondell Ccemical Company, Equistar Chemicals, L.P., Lyondell Chemical Company, Equistar Chemicals LP, Lyondell Chemical Company, Lyondell Chemical Company. Responses due by 7/1/2009 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Hoffman, Alan)
June 17, 20092557Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE, the plaintiffs and ExxonMobil have advised the Court that they have resolved the matters between them pursuant to a Settlement Agreement and a Release. Pursuant to the Settlement Agreement, the settling parties consent to the dismissal with prejudice of ExxonMobil from this action. No other parties have objected to the dismissal of the action with prejudice as to ExxonMobil only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind is hereby dismissed with prejudice as to ExxonMobil. (Signed by Judge Shira A. Scheindlin on 6/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(cd)
June 17, 20092558Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE, the Plaintiffs and ExxonMobil have advised the Court that they have advised the Court that they have resolved the matters between them pursuant to a Settlement Agreement and a Release. Pursuant to the Settlement Agreement, the settling parties consent to the dismissal with prejudice of ExxonMobil from this action. No other parties have objected to the dismissal of the above-captioned action with prejudice as to ExxonMobil only. Therefore, this action, including all claims, counterclaims, and cross-claims of any kind is hereby dismissed with prejudice as to ExxonMobil. (Signed by Judge Shira A. Scheindlin on 6/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(cd)
June 17, 20092559Court Opinion or Order ORDER TO PERMIT INTERNET CONNECTION IN COURTROOM, having consulted with and obtained direction from the Court's Technology Officer, Defendant ExxonMobil Corporation shall be permitted, through its consultants, to run and install internet lines to the courtroom for use during the above-captioned trial. (Signed by Judge Shira A. Scheindlin on 6/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
June 18, 20092561ANSWER to Complaint. Document filed by Four Star Oil and Gas Company, Kewanee Industries Inc., Chevron Puerto Rico LLC, Chevron Estrella Puerto Rico, Inc., Kewanee Industries, Inc., Chevron Puerto Rico, LLC, Texaco Petroleum, Inc., Chevron International Oil Company, Inc., Chevron Caribbean Inc., Texaco Inc., Chevron U.S.A., Inc., Chevrontexaco Corporation, Union Oil Company of California, TRMI Holdings Inc..(Hughes, William)
June 18, 20092562REPLY MEMORANDUM OF LAW in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment. Defendants' Further Supplemental Reply Memorandum. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew)
June 18, 20092563RULE 56.1 STATEMENT. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (Attachments: # 1 56.1 Statement Reply - Part 2, # 2 56.1 Statement Reply - Part 3, # 3 56.1 Statement - Part 4, # 4 56.1 Statement - Part 5, # 5 56.1 Statement Reply - Part 6)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew)
June 18, 20092564DECLARATION of James J. Finsten in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. (Attachments: # 1 Finsten Decl - Part 2, # 2 Finsten Decl - Part 3, # 3 Finsten Decl - Part 4, # 4 Finsten Decl - Part 5, # 5 Finsten Decl - Part 6, # 6 Finsten Decl - Part 7)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew)
June 18, 20092565DECLARATION of Margaret R. Eggers in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew)
June 18, 20092566DECLARATION of Darrell K. Fah in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew)
June 18, 20092567DECLARATION of Shari London in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew)
June 18, 20092568DECLARATION of Gene Ortega in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew)
June 18, 20092569DECLARATION of Natasha Molla in Support re: (981 in 1:00-cv-01898-SAS-DCF) MOTION for Summary Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., BP West Coast LLC. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(Heartney, Matthew)
June 19, 20092570NOTICE OF APPEARANCE by Adam Edward Engel on behalf of O.K. Petroleum Distribution Corp., O.K. Petroleum International, Ltd. (Engel, Adam)
June 22, 20092571OPPOSITION BRIEF Objections to Defendant Exxon Mobil Corporation's Proposed Phase II Jury Instructions. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 22, 20092572OPPOSITION BRIEF Objections to Defendant Exxon Mobil Corporation's Proposed Phase II Verdict Form. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 22, 20092573OPPOSITION BRIEF Objections to Defendant's Witness List for Phase I. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 22, 20092574OPPOSITION BRIEF Opposition to Defendant's Trial Memorandum for Phase II. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 22, 20092575OPPOSITION BRIEF Objections to Defendant's Jury Questionnaire. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
June 22, 20092576OPPOSITION BRIEF Objections to Defendant's Trial Exhibit List for Phase I. Document filed by The City of New York. (Attachments: # 1 Attachment A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 24, 20092577JOINT MOTION to Dismiss. Document filed by Global Revco Dock LLC, Chelsea Sandwich, LLC., Global Companies, LLC, Global Montello Group, Global Petroleum Corporation. (Attachments: # 1 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv1725), # 2 Stipulation and (Proposed) Order of Dismissal (Relates to 05cv4018))(Garvey, Christopher)
June 24, 20092578Court Opinion or Order ORDER, that for the foregoing reasons, the City may serve a subpoena on an individual who is more than 100 miles outside the State of NY if, but only if, the individual is a corporate director or a 30(b)(6) witness of defendant ExxonMobil. (Signed by Judge Shira A. Scheindlin on 6/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
June 26, 20092579PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 26, 20092580WITNESS LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 26, 20092581TRIAL MEMORANDUM. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 26, 20092582Exhibit List PLAINTIFF CITY OF NEW YORKS PHASE III TRIAL EXHIBIT LIST (EXHIBIT 3 OF THE PROPOSED PRETRIAL ORDER). Document filed by The City of New York. (Attachments: # 1 Attachment)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
June 26, 20092583REQUEST TO CHARGE. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 29, 20092584MEMORANDUM OF LAW in Support of the Constitutionality of Section 1503 of the Energy Policy Act of 2005. Document filed by United States. (Normand, Sarah)
June 29, 20092585DECLARATION of Sarah S. Normand re: 2584 Memorandum of Law in Support of the Constitutionality of Section 1503 of the Energy Policy Act of 2005. Document filed by United States. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Normand, Sarah)
June 29, 20092586OPPOSITION BRIEF Objections to Defendant's Witness List for Phase II. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 29, 20092587OPPOSITION BRIEF Objections to Defendant's Exhibit List for Phase II. Document filed by The City of New York. (Attachments: # 1 Objections to Exhibit List Attachment)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
June 30, 20092588NOTICE of Joint Motion to Dismiss All Claims Against Crown Central LLC. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
June 30, 20092589Court Opinion or Order MEMORANDUM OPINION AND ORDER:#97725 For the reasons previously stated, the City must produce the documents designated above to Exxon in unredacted form. (Signed by Judge Shira A. Scheindlin on 6/30/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro) Modified on 7/13/2009 (jab).
June 30, 20092597TRANSCRIPT of proceedings held on 6/19/09 before Judge Shira A. Scheindlin. (cd)
June 30, 20092598TRANSCRIPT of proceedings held on 6/19/09 before Judge Shira A. Scheindlin. (cd)
July 1, 20092590Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL ALL CLAIMS AGAINST CROWN: Crown is voluntarily dismissed with prejudice with prejudice of all claims against Crown as set forth in the Plaintiff's Fourth Amended Complaint filed on 3/9/07. (Signed by Judge Shira A. Scheindlin on 6/30/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
July 1, 20092591Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND COMPLAINT: The time to answer or otherwise respond to the Complaint is hereby extended to and including 8/31/09 for Rosemore, Inc. (Signed by Judge Shira A. Scheindlin on 7/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(tro)
July 2, 20092592WITNESS LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
July 2, 20092593Court Opinion or Order STIPULATI0N AND ORDER DISMISSING ALL CLAIMS AGAINST CROWN: Pursuant to Federal Rule of Civil Procedure 41(a)(2), the Plaintiff City of New York and Defendant Crown Central LLC, successor by merger to Crown Central Petroleum Corporation, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Crown as set forth in the Plaintiffs Fourth Amended Complaint, filed on March 9, 2007. The parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own attorneys' fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 7/2/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db)
July 6, 20092594Court Opinion or Order ORDER....The trial begins in less than three weeks. The Water Board and the Water Finance Agency are therefore ordered to join this action as party plaintiffs. The Clerk of the Court is ordered to amend the caption. Council for the City has represented that it will also represent these additional plaintiffs who will be referred to collectively as "the City." (Signed by Judge Shira A. Scheindlin on 7/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
July 6, 20092595OPPOSITION BRIEF Plaintiff City of New York's Objections to Defendant Exxon Mobil Corporation's Proposed Phase III Jury Instructions. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
July 6, 20092596OPPOSITION BRIEF Plaintiff City of New York's Opposition to Defendant's Pretrial Memorandum for Phase III. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
July 6, 20092599Court Opinion or Order OPINION AND ORDER: #97710 that for the reasons previously stated, the City must produce the documents designated above to Exxon in unredacted form. Should the City wish to continue to assert the deliberative process privilege over any documents in this case, it must assert the privilege properly within 3 business days of the entry of this Opinion and Order. (Signed by Judge Shira A. Scheindlin on 7/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) Modified on 7/8/2009 (jab).
July 6, 20092600Court Opinion or Order OPINION AND ORDER: #97714 that for the foregoing reasons, Exxon's motion in limine is granted in part to the extent that the City may not attribute the past design costs to MTBE contamination and may not present evidence of future design costs in Phase I and denied in all other respects. The Clerk of the Court is directed to close this motion (No. 04-3417, document 95; No. 00 MDL 1898, document 2306). (Signed by Judge Shira A. Scheindlin on 7/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) Modified on 7/9/2009 (jab).
July 7, 20092601Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT that the time to answer or otherwise respond to the Complaint is hereby extended to and including 8/31/09 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 7/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
July 7, 20092602TRANSCRIPT of proceedings held on 6/25/09 before Judge Shira A. Scheindlin. (cd)
July 8, 20092603Court Opinion or Order ORDER. The Court having reviewed the objections to designated portions of the deposition of Arthur J. Ashendorff, volume 2, the objections are determined as set forth herein: (Signed by Magistrate Judge James C. Francis on 7/8/09); copies mailed by chambers (djc)
July 8, 20092604MOTION for Summary Judgment of Plaintiff City of New York's Claims Related to Station 6 Based on the Statute of Limitations. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Kalnins Temple, Jennifer)
July 8, 20092605DECLARATION of James A. Pardo in Support re: (342 in 1:04-cv-03417-SAS) MOTION for Summary Judgment.. Document filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 Part A, # 4 Exhibit 3 Part B)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Kalnins Temple, Jennifer)
July 8, 20092606RULE 56.1 STATEMENT. Document filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Kalnins Temple, Jennifer)
July 8, 20092607MEMORANDUM OF LAW in Support re: (342 in 1:04-cv-03417-SAS) MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Kalnins Temple, Jennifer)
July 10, 20092608Court Opinion or Order ORDER that the Court having reviewed the objections to designated portions of the deposition of Frederick M. Anderson, the objections are determined as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 7/9/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
July 10, 20092609Court Opinion or Order ORDER....Therefore, the parties have requested-and consented to the appointment of a special discovery master. Accordingly, I am appointing, pursuant to FRCP 53(a)(1)(A) and (a)(1)(C) (as amended effective 12/1/03), after giving the parties notice and an opportunity to be heard (including the opportunity to recommend candidates), Ronald J. Hedges, Esq to serve as Special Master, until further order of this Court...The Special master's appointment is therefore effective immediately. The Special Master is directed "to proceed with all reasonable diligence" in the performance of his duties, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 7/8/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
July 13, 20092610JOINT MOTION to Dismiss. Document filed by Cumberland Farms Inc., Gulf Oil Limited Partnership. (Attachments: # 1 Stipulation and (Proposed) Order of Dismissal (Relates to 03cv9543), # 2 Stipulation and (Proposed) Order of Dismissal (Relates to 03cv9544), # 3 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv1718), # 4 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv1719), # 5 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv1720), # 6 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv1721), # 7 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv1723), # 8 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv1724), # 9 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv1725), # 10 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv1726), # 11 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv1727), # 12 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2053), # 13 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2055), # 14 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2056), # 15 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2057), # 16 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2059), # 17 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2060), # 18 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2061), # 19 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2062), # 20 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2068), # 21 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2070), # 22 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2072), # 23 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2388), # 24 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2389), # 25 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv2390), # 26 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv3412), # 27 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv3413), # 28 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv3415), # 29 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv3416), # 30 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv3418), # 31 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv3419), # 32 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv3420), # 33 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv4990), # 34 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv5421), # 35 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv5422), # 36 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv5423), # 37 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv5424), # 38 Stipulation and (Proposed) Order of Dismissal (Relates to 04cv6993), # 39 Stipulation and (Proposed) Order of Dismissal (Relates to 05cv1310), # 40 Stipulation and (Proposed) Order of Dismissal (Relates to 05cv4018), # 41 Stipulation and (Proposed) Order of Dismissal (Relates to 05cv9070))(Garvey, Christopher)
July 14, 20092611MOTION to Exclude Opinions of Plaintiff's Expert David Terry. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
July 14, 20092612FILING ERROR - DEFICIENT DOCKET ENTRY (See document #2615) - DECLARATION of Lisa Gerson in Support re: (348 in 1:04-cv-03417-SAS, 2611 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) Modified on 7/15/2009 (jar).
July 14, 20092613MEMORANDUM OF LAW in Support re: (348 in 1:04-cv-03417-SAS, 2611 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Memorandum - Part 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
July 14, 20092614NOTICE of Withdrawal of Appearance for Heather Foran. Document filed by ConocoPhillips Company. (Rosenthal, Paul)
July 14, 20092615DECLARATION of Lisa Gerson [Revised] in Support re: (348 in 1:04-cv-03417-SAS, 2611 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
July 14, 20092616Court Opinion or Order OPINION & ORDER #97742, the City's motion in limine (following the 6/9/09 Opinion) is granted in part and denied in part. Exxon's liability is several on those claims brought under the commingled product theory. The burden of production and persuasion concerning apportionment rests on Exxon, which must establish a reasonable basis for such apportionment. (Signed by Judge Shira A. Scheindlin on 7/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) Modified on 7/16/2009 (eef).
July 15, 20092617Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GLOBAL COMPANIES LLC, GLOBAL MONTELLO GROUP LLC, CHELSEA SANDWICH LLC, GLOBAL REVCO DOCK LLC, AND GLOBAL PETROLEUM CORPORATION, pursuant to FRCP 41(a)(2) with prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01725-SAS(cd)
July 15, 20092618Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GLOBAL COMPANIES LLC, GLOBAL MONTELLO GROUP LLC, CHELSEA SANDWICH LLC, GLOBAL REVCO DOCK LLC, AND GLOBAL PETROLEUM CORPORATION, pursuant to FRCP 41(a)(2) with prejudice, with each party bearing its own costs, expenses and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-04018-SAS(cd)
July 17, 20092619Court Opinion or Order ORDER. The Court having reviewed the objections to designated portions of the deposition of Robert P. Staab, the objections are determined as set forth herein. (Signed by Magistrate Judge James C. Francis on 7/17/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS copies mailed by Chambers.(djc)
July 17, 20092620OPPOSITION BRIEF Objections to Defendant's Exhibit List for Phase III. Document filed by The City of New York. (Attachments: # 1 ATTACHMENT A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
July 17, 20092621OPPOSITION BRIEF Plaintiff City of New York's Objections to ExxonMobil's Witness List for Phase III. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 20, 20092622Court Opinion or Order ORDER that the rulings on the parties' objections to the deposition excerpts that have been designated for use at trial are set forth herein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/20/09) (dle)
July 20, 20092623Court Opinion or Order ORDER that the rulings on the parties' objections to the deposition excerpts that have been designated for use at trial -- except as to relevance* are as set forth herein. *Judge Scheindlin will determine objections as to relevance at the time testimony is offered at trial. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/20/09) (dle)
July 20, 20092624Court Opinion or Order ORDER that the rulings on the parties' objections to the deposition excerpts that have been designated for use at trial -- except as to relevance* - are as set forth herein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/20/09) (dle) Modified on 7/20/2009 (dle).
July 20, 20092625MOTION to Strike Document No. (358). Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 20, 20092626MEMORANDUM OF LAW in Support re: (2625 in 1:00-cv-01898-SAS-DCF, 362 in 1:04-cv-03417-SAS) MOTION to Strike Document No. (358).. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 20, 20092627DECLARATION of Nicholas G. Campins in Support re: (2625 in 1:00-cv-01898-SAS-DCF, 362 in 1:04-cv-03417-SAS) MOTION to Strike Document No. (358).. Document filed by The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 20, 20092628MEMORANDUM OF LAW in Opposition re: (356 in 1:04-cv-03417-SAS) MOTION to Quash Trial Subpoenas Issued to Moving Parties.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 20, 20092629DECLARATION of Nicholas G. Campins in Opposition re: (356 in 1:04-cv-03417-SAS) MOTION to Quash Trial Subpoenas Issued to Moving Parties.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 20, 20092630Objection re: (358 in 1:04-cv-03417-SAS) Affirmation in Support of Motion,, Objections to the Declarations of Meena Nainan, Thomas Milton, and Henry Thomassen. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 20, 20092637TRANSCRIPT of proceedings held on 7/2/09 before Judge Shira A. Scheindlin. (cd)
July 20, 20092638TRANSCRIPT of proceedings held on 7/15/09 before Judge Shira A. Scheindlin. (cd)
July 21, 20092631Court Opinion or Order MEMORANDUM OPINION AND ORDER. #97765 The Clerk of the Court is directed to close these motions (No. 04 Civ. 3417, documents 104, 166, and 179; No. 00civ1898, documents 2392 and 2405)... and as further set forth. (Signed by Judge Shira A. Scheindlin on 7/21/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(rjm) Modified on 7/23/2009 (jab).
July 21, 20092632Court Opinion or Order MEMORANDUM OPINION AND ORDER. #97766 For the reasons set forth above, Exxon's motion is denied. The Clerk of the Court is directed to close this motion (No. 00 civ. 1898, Docket # 2424, No. 04 Civ. 3417, Docket # 200). and as further set forth. (Signed by Judge Shira A. Scheindlin on 7/20/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(rjm) Modified on 7/23/2009 (jab).
July 21, 20092633Court Opinion or Order ORDER that constitutes my rulings on all objections asserted in response to the designated testimony as further set forth herein. (Signed by Magistrate Judge Henry B. Pitman on 7/21/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(dle)
July 22, 20092634Court Opinion or Order ORDER that the Court having reviewed the objections to designated portions of the deposition of Robert F. Staab, the objections are determined as further set forth in this order. * It is hereby deemed corrected to read: "designated portions of the deposition of Norman Novick", pursuant to Order dated 8/3/09. (Signed by Magistrate Judge James C. Francis on 7/22/09) Copies mailed by chambers.(dle) Modified on 8/4/2009 (tro).
July 22, 20092635Court Opinion or Order ORDER: The Court having reviewed the objections to designated portions of the deposition of Curtis C. Stanley, Volume 1, the objections are determined as further set forth in (tabs 1-22) said Order. (Signed by Magistrate Judge James C. Francis on 7/22/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies Mailed by Chambers.(db)
July 23, 20092636FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF re: (373 in 1:04-cv-03417-SAS) Declaration in Support of Motion,(PLAINTIFF CITY OF NEW YORKS OBJECTIONS TO THE LATE-FILED DECLARATIONS OF GARY STUMPF AND MICHAEL ROMAN). Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) Modified on 7/24/2009 (KA).
July 24, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Nicohlas Campins to RE-FILE Document 2636 Opposition Brief. Use the event type Objection(non-motion) found under the event list Other Answers. (KA)
July 24, 20092639Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09543-SAS(tro)
July 24, 20092640Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41...the Parties to this Stipulation consent to a dismissal of this action as to Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09544-SAS(cd)
July 24, 20092641Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01725-SAS(tro)
July 24, 20092642Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01724-SAS(tro)
July 24, 20092643Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01723-SAS(tro)
July 24, 20092644Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41...the Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05421-SAS(cd)
July 24, 20092645Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01722-SAS(tro)
July 24, 20092646Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS(cd)
July 24, 20092647Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) (tro)
July 24, 20092648Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02055-SAS(tro)
July 24, 20092649Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41...The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01719-SAS(cd)
July 24, 20092650Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02056-SAS(tro)
July 24, 20092651Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01720-SAS(cd)
July 24, 20092652Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-06993-SAS(tro)
July 24, 20092653Objection re: (373 in 1:04-cv-03417-SAS) Declaration in Support of Motion, PLAINTIFF CITY OF NEW YORKS OBJECTIONS TO THE LATE-FILED DECLARATIONS OF GARY STUMPF AND MICHAEL ROMAN. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 24, 20092654Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02060-SAS(tro)
July 24, 20092655Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02062-SAS(tro)
July 24, 20092656Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02068-SAS(tro)
July 24, 20092657Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41....The Parties to this Stipulation consent to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01721-SAS(cd)
July 24, 20092658Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03413-SAS(tro)
July 24, 20092659Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03412-SAS(tro)
July 24, 20092660Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41......The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01726-SAS(cd)
July 24, 20092661Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02390-SAS(tro)
July 24, 20092662Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01727-SAS(cd)
July 24, 20092663Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS(tro)
July 24, 20092664Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02388-SAS(tro)
July 24, 20092665Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41, The Parties to this Stipulation consent to the Dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02057-SAS(cd)
July 24, 20092666Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02072-SAS(tro)
July 24, 20092667Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02059-SAS(cd)
July 24, 20092668Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02070-SAS(tro)
July 24, 20092669Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02061-SAS(cd)
July 24, 20092670Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03415-SAS(tro)
July 24, 20092671Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03418-SAS(tro)
July 24, 20092672Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03418-SAS(cd)
July 24, 20092673Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03419-SAS(cd)
July 24, 20092674Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03420-SAS(cd)
July 24, 20092675Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-01310-SAS(tro)
July 24, 20092676Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-01381-SAS(cd)
July 24, 20092677Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-08360-SAS(tro)
July 24, 20092678Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED. R. CIV. P. 41: This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement Agreement, a Release, and this Stipulated Order of Dismissal. The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(tro)
July 24, 20092679Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03750-SAS(cd)
July 24, 20092681Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to dismissal of this actionas to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fee. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03741-SAS(cd)
July 24, 20092682Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03742-SAS(cd)
July 24, 20092683Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03751-SAS(cd)
July 24, 20092684Court Opinion or Order ORDER DISMISSING SETTLING DEFENDANTS UNDER RULE 41(a)(2) of the FRCP.....This action is hereby dismissed as to the Settling Defendants only, with prejudice as to the Released Claims under the Settlement Agreement and Release, and without prejudice as to all other claims, with each party to this Order bearing its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
July 24, 20092685Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd)
July 24, 20092686Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendats only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03754-SAS(cd)
July 24, 20092687Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendats only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-05496-SAS(cd)
July 24, 20092688Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendats only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-04018-SAS(cd)
July 24, 20092689Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-09070-SAS(cd)
July 24, 20092690Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04969-SAS(cd)
July 24, 20092691Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
July 24, 20092692Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear it own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04971-SAS(cd)
July 24, 20092693Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Wach party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04972-SAS(cd)
July 24, 20092694Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04975-SAS(cd)
July 24, 20092695Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04990-SAS(cd)
July 24, 20092696Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FRCP 41.....The Parties to this Stipulation consent to the dismissal of this action as to the Lyondell Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05422-SAS(cd)
July 26, 20092680WITNESS LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
July 27, 20092697Court Opinion or Order ORDER, the Court having reviewed the objections to designated portions of the deposition of Curtis C. Stanley, Volume 2, the objections are determined as follows, except insofar as any relevance, objections, not explicitly ruled on are reserved for trial, as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 7/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
July 27, 20092698Exhibit List First Supplement to Plaintiff's Phase II Trial Exhibit List. Document filed by The City of New York. (Attachments: # 1 Attachment A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
July 27, 20092699NOTICE OF WITHDRAWAL OF COUNSEL that Khara Coleman is no longer associated with Kirkland & Ellis LLP and should be removed from the service list. Kirkland & Ellis LLP continues to serve as counsel for the BP Defendants... (Signed by Judge Shira A. Scheindlin on 7/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
July 29, 20092700FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Notice of Voluntary Dismissal) - NOTICE of and Order of Rule 41(a)(2) Dismissal of Df Phibro, Inc.. Document filed by Our Lady of the Rosary Chapel, American Distilling & Manufacturing Co., Inc., Town of East Hampton, United Water CT Inc.. (Summy, Paul) Modified on 7/30/2009 (jar).
July 29, 20092701MEMORANDUM OF LAW in Opposition re: (353 in 1:04-cv-03417-SAS) MOTION Strike the Supplemental Report of Thomas Maguire and Exclude Certain Evidence and Arguments at Trial.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
July 29, 20092702DECLARATION of Lisa Gerson in Opposition re: (353 in 1:04-cv-03417-SAS) MOTION Strike the Supplemental Report of Thomas Maguire and Exclude Certain Evidence and Arguments at Trial.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
July 29, 20092703MEMORANDUM OF LAW in Opposition re: (2604 in 1:00-cv-01898-SAS-DCF, 342 in 1:04-cv-03417-SAS) MOTION for Summary Judgment of Plaintiff City of New York's Claims Related to Station 6 Based on the Statute of Limitations.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
July 29, 20092704RULE 56.1 STATEMENT. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
July 29, 20092705DECLARATION of Marnie E. Riddle in Opposition re: (2604 in 1:00-cv-01898-SAS-DCF, 342 in 1:04-cv-03417-SAS) MOTION for Summary Judgment of Plaintiff City of New York's Claims Related to Station 6 Based on the Statute of Limitations.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
July 29, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Paul Summy to RE-FILE Document 2700 Notice (Other), Notice (Other). Use the event type Notice of Voluntary Dismissal found under the event list Notices. (jar)
July 30, 20092706DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, Without prejudice against the defendant(s) Phibro Inc.. Document filed by Our Lady of the Rosary Chapel, American Distilling & Manufacturing Co., Inc., Town of East Hampton, United Water CT Inc.. (Summy, Paul) Modified on 7/31/2009 (ml).
July 31, 2009 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Paul Summy Document 2706 Notice of Voluntary Dismissal, was referred to Judge Shira A. Scheindlin for approval. (ml)
July 31, 20092707Court Opinion or Order ORDER, the Court having reviewed the objections to designated portions of the deposition of Curtis C. Stanley, 2/8/00, 8/2/00, and 10/3/00, the objections are determined as further set forth in this document... (Signed by Magistrate Judge James C. Francis on 7/31/09) Copies sent by chambers. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
August 3, 20092708Court Opinion or Order ORDER the Court having reviewed the objections to designated portions of the deposition of Curtis C. Stanley dated 10/11/07, the objections are determined as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/3/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
August 3, 20092709Court Opinion or Order ORDER: The Court issued an order dated 7/22/09, a copy of which is attached. That order erroneously refers to "designated portions of the deposition of Robert F. Staab." It is hereby deemed corrected to read: "designated portions of the deposition of Norman Novick". (Signed by Magistrate Judge James C. Francis on 8/3/09) Copies Mailed By Chambers. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
August 3, 20092710Court Opinion or Order ORDER: The Court having reviewed the objections to designated portions of the testimony of Curtis C. Stanley dated October 2 and 3, 2001, the objections are determined as further set forth in this Order, except insofar as any relevance objections not explicitly ruled on are reserved for trial. (Signed by Magistrate Judge James C. Francis on 8/3/09) Copies Mailed By Chambers. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
August 5, 20092711REPLY MEMORANDUM OF LAW in Support re: (348 in 1:04-cv-03417-SAS, 2611 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
August 5, 20092712DECLARATION of Lisa A. Gerson in Support re: (348 in 1:04-cv-03417-SAS, 2611 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
August 5, 20092713Court Opinion or Order ORDER OF RULE 41(A)(2) DISMISSAL OF DEFENDANT PHIBRO, INC., without prejudice, with each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 8/4/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS, 1:04-cv-01719-SAS, 1:04-cv-01720-SAS, 1:04-cv-01721-SAS(cd)
August 5, 20092714PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 5, 20092715PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 5, 20092748TRANSCRIPT of proceedings held on 7/31/09 before Judge Shira A. Scheindlin. (dle)
August 6, 20092716FILING ERROR - ELCTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Phibro LLC f/k/a Phibro, Inc.. Document filed by Our Lady of the Rosary Chapel, American Distilling & Manufacturing Co., Inc., Town of East Hampton, United Water CT Inc.. (Summy, Paul) Modified on 8/7/2009 (dt).
August 6, 20092718TRANSCRIPT of proceedings held on 7/22/09 before Judge Shira A. Scheindlin. (cd)
August 6, 20092719TRANSCRIPT of proceedings held on 7/29/09 before Judge Shira A. Scheindlin. (cd)
August 6, 20092720TRANSCRIPT of proceedings held on 7/30/09 before Judge Shira A. Scheindlin. (cd)
August 7, 2009 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Paul Summy for noncompliance with Section (18.4) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 2716 Notice of Voluntary Dismissal, to: judgments@nysd.uscourts.gov. (dt)
August 7, 20092717STIPULATION REGARDING PLAINTIFF'S TRIAL SUBPOENAS SERVED ON MEENA NAINAN, THOMAS MILTON, NORMAN NOVICK, MICHAEL ROMAN, GARY STUMPF, AND HENRY THOMASSEN AND THE RELATED MOTION TO QUASH, Plaintiff hereby withdraws the Trial Subpoenas served on Meena Nainan, Thomas Milton, and Henry Thomassen and Gary Stumpf, Michael Roman and Norman Novick agree to voluntarily appear at the trial and the Motion to Quash is hereby withdrawn as moot... (Signed by Judge Shira A. Scheindlin on 8/7/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
August 10, 20092721Exhibit List Plaintiff's Amended Phase Two Trial Exhibit List. Document filed by The City of New York. (Attachments: # 1 Appendix AMENDED PHASE TWO TRIAL EXHIBIT LIST, # 2 Appendix APPENDIX A, # 3 Appendix APPENDIX C)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
August 10, 20092722NOTICE OF APPEARANCE by Alan Edward Greenberg on behalf of Southern Countries Oil Co. (Greenberg, Alan)
August 10, 20092723REPLY re: (46 in 1:08-cv-06306-SAS) Opposition Brief Defendants' Reply to Plaintiff City of Merced Redevelopment Agency's Brief in Response to United States of America's Memorandum of Law in Support of the Constitutionality of Section 1503 of the Energy Policy Act of 2005. Document filed by Exxon Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-06306-SAS(Gerson, Lisa)
August 10, 20092724ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Lauren Handel dated 8/7/09 re: Request that the Court issue a ruling on ExxonMobil's general hearsay objection to all of Plaintiff's designations of prior trial testimony. ENDORSEMENT: Application for reconsideration granted and prior decision adhered to. The interest of the defendant in the current litigation and the defendant in the prior trial were sufficiently similar to warrant admission of the testimony under F.R. Evid. 804(b)(1). (Signed by Magistrate Judge James C. Francis on 8/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
August 10, 20092725REPLY MEMORANDUM OF LAW in Support re: 2584 Memorandum of Law in Support, 2585 Declaration,. Document filed by United States. (Normand, Sarah)
August 10, 20092730ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Lauren E. Handel dated 8/7/09 re: We respectfully request that the Court issue a ruling on Exxon Mobil's general hearsay objection to all of Plaintiff's designations of prior trial testimony. ENDORSEMENT: Application for Reconsideration granted and prior decision adhered to. The interests of the defendant in the current litigation and the defendant in the prior trial were sufficiently similar to warrant admission of the testimony under F.R. Evid. 804(b)(1). See Clay v. Johns - Manville Sales Corp., 722 F.2d 1289, 1295 (6th Cir. 1983); Santrayall v. Burrell, No. 91 civ. 3166, 1998 WL 60926, at *2-3 (S.D.N.Y. Jan. 21, 1998); Construction Technology, Inc. V. Cybermation, Inc., No. 91 civ. 7474, 1996 WL 376601 (S.D.N.Y. April 30, 1996). (Signed by Magistrate Judge James C. Francis on 8/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(rjm)
August 11, 20092726Exhibit List First Supplement to Defendant Exxon Mobil Corporation's Phase Two Trial Exhibit List. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Attachment A, # 2 Certificate of Service)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
August 12, 20092727REPLY MEMORANDUM OF LAW in Support re: (2604 in 1:00-cv-01898-SAS-DCF, 342 in 1:04-cv-03417-SAS) MOTION for Summary Judgment of Plaintiff City of New York's Claims Related to Station 6 Based on the Statute of Limitations.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
August 12, 20092728Exhibit List FIRST SUPPLEMENT TO PLAINTIFFS AMENDED PHASE II TRIAL EXHIBIT LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
August 12, 20092729Exhibit List SECOND SUPPLEMENT TO PLAINTIFFS AMENDED PHASE II TRIAL EXHIBIT LIST. Document filed by The City of New York. (Attachments: # 1 Attachment A)(Campins, Nicholas)
August 13, 20092731Exhibit List Third Supplement to Plaintiffs' Amended Phase II Trial Exhibit List. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
August 13, 20092732MOTION for Leave to Designate Substitute Expert Witness. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 13, 20092733MEMORANDUM OF LAW in Support re: (2732 in 1:00-cv-01898-SAS-DCF, 416 in 1:04-cv-03417-SAS) MOTION for Leave to Designate Substitute Expert Witness.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 13, 20092734DECLARATION of Robert S. Chapman in Support re: (2732 in 1:00-cv-01898-SAS-DCF, 416 in 1:04-cv-03417-SAS) MOTION for Leave to Designate Substitute Expert Witness.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 13, 20092735DECLARATION of Susan E. Amron in Support re: (2732 in 1:00-cv-01898-SAS-DCF, 416 in 1:04-cv-03417-SAS) MOTION for Leave to Designate Substitute Expert Witness.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 13, 20092736DECLARATION of Kenneth M. Rudo in Support re: (2732 in 1:00-cv-01898-SAS-DCF, 416 in 1:04-cv-03417-SAS) MOTION for Leave to Designate Substitute Expert Witness.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 13, 20092737DECLARATION of Nicholas G. Campins in Support re: (2732 in 1:00-cv-01898-SAS-DCF, 416 in 1:04-cv-03417-SAS) MOTION for Leave to Designate Substitute Expert Witness.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 14, 20092738Court Opinion or Order ORDER the Court having reviewed the objections to designated portions of the deposition of Michael Roman dated 3/28/07, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial, as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
August 14, 20092739Court Opinion or Order ORDER, the Court having reviewed the objections to designated portions of the depositions of Bill Broddle dated 3/21/07, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial: as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
August 14, 20092740Court Opinion or Order ORDER, the Court having reviewed the objections to designated portions of the depositions of Eugene Capaldi dated 9/19/00, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial: as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
August 17, 20092741Court Opinion or Order CASE MANAGEMENT ORDER #54 (Interim Discovery Schedule), that on August 11, 2009, Defendants and Plaintiffs participated in a status conference before Special Master Ronald J. Hedges. The following represents certain dates and deadlines that the parties agreed upon in the above-referenced matters at the status conference: All Outstanding Supplemental Document Productions and Interrogatory Responses due by 9/11/09, Any dispute to be raised with undersigned immediately. The depositions that are set forth in this Order should be completed by October 16, 2009. Fact Discovery closes by December 31, 2009. Dispositive Motions and Motions In Limine regarding Trial Phasing/ bifurcation, and the like due by April 2, 2010. Additional relief as set forth in this Order. (Signed by Judge Shira A. Scheindlin on 8/17/09) (pl)
August 17, 2009 Set/Reset Deadlines: Deposition due by 11/20/2009. (pl)
August 17, 20092742AMENDED ANSWER to., THIRD PARTY COMPLAINT against UNKNOWN OTHERS., CROSSCLAIM against UNKNOWN OTHERS. Document filed by Valero Energy, Inc., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, Valero Refining Company-California. (Connelly, Michael)
August 17, 20092743AMENDED ANSWER to., THIRD PARTY COMPLAINT against UNKNOWN OTHERS., CROSSCLAIM against UNKNOWN OTHERS. Document filed by Total Petrochemicals USA, Inc.. (Connelly, Michael)
August 18, 20092744Court Opinion or Order ORDER, the Court having reviewed the objections to designated portions of the deposition of Duane Bordvick dated 11/5/01, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial, and as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/18/09) Copies sent by chambersFiled In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
August 18, 20092745Court Opinion or Order ORDER, the Court having reviewed the objections to designated portions of the deposition of Joseph T. Lee dated 10/24/07, the objections are determined as follows, except insofar as any relevance not explicitly ruled on are reserved for trial. (Signed by Magistrate Judge James C. Francis on 8/18/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
August 18, 20092746Court Opinion or Order ORDER, the Court having reviewed the objections to designated portions of the deposition of Duane Bordvick dated 5/12/00, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial, and as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/18/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers(cd)
August 18, 20092747AMENDED ANSWER to., THIRD PARTY COMPLAINT against UNKNOWN OTHERS., CROSSCLAIM against UNKNOWN OTHERS. Document filed by The Premcor Refining Group Inc.. (Connelly, Michael)
August 19, 20092749Court Opinion or Order ORDER, the Court having reviewed the objections to designated portions of the deposition of Timothy E. Buscheck dated 9/11 and 11/9/00, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial, and as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
August 19, 20092750Exhibit List Second Supplement to Defendant Exxon Mobil Corporation's Phase Two Trial Exhibit List. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Attachment A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
August 19, 20092751Court Opinion or Order ORDER, the Court having reviewed the objections to designated portions of the deposition of Timothy E. Buscheck dated 11/15/06, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial, and as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
August 20, 20092752Court Opinion or Order ORDER The rulings on the parties' objections to the deposition excerpts that have been designated for use at trial- except as to relevance* - are set forth in this order. SO ORDERED (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/20/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jmi)
August 20, 20092753Court Opinion or Order ORDER The rulings on the parties' objections to the deposition excerpts that have been designated for use at trial- except as to relevance* - are set forth in this order. SO ORDERED (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/20/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jmi)
August 20, 20092754NOTICE of Joint Motion to Dismiss All Claims Against Getty Properties Corp. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
August 21, 20092755Court Opinion or Order ORDER that the following constitutes my rulings on the objections, other than relevance, to the exceprts of the deposition testimony of S. Berlin, D. Hayword, E. Mancini, J. Mixter, P. Naro, B. Price, B. Simonson, M.W. Sprigg, G. Stumpf and B. Thomas designated by the parties to be offered in this matter. All relevance objections will be resolved by Judge Scheindlin at trial....This Order constitutes my rulings on all objections asserted in response to the designated testimony, regardless of whether an objection is referenced in the explanations provided, and as further set forth in this document. (Signed by Magistrate Judge Henry B. Pitman on 8/20/09) Copies sent by chambersFiled In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
August 25, 20092756Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE: 1. Favre Bros. Land, Inc., LeRoy Favre and David. Favre Chestnut Petroleum Dist. Inc., Chestnut Mart of Newburgh, Inc., and Saleh E1 Jamal have advised the Court that they have resolved the matters between them. 2. The parties consent to the dismissal with prejudice of the cross-claims and counterclaims between Favre Bros. Land. Inc., LeRoy Favre and David Favre Chestnut Petroleum Dist. Inc" Chestnut Mart of Newburgh, Inc. and Saleh El Jamal. 3. No other parties have objected to the dismissal of the above entitled cross-claims and counterclaims with prejudice as to Favre Bros. Land, Inc., LeRoy Favre, David Favre and Chestnut Petroleum Dist. Inc. Chestnut Mart of Newburgh, Inc., and Saleh El Jamal only. 4. Therefore, all cross-claims and counterclaims are hereby dismissed with prejudice as to Favre Bros. Land, Inc., LeRoy Favre, David Favre and Chestnut Petroleum Dist. Inc. Chestnut Mart of Newburgh, Inc., and Saleh El Jamal. (Signed by Judge Shira A. Scheindlin on 8/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS(db)
August 25, 20092757Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE: 1. Favre Bros. Land, Inc., LeRoy Favre and David. Favre Chestnut Petroleum Dist. Inc., Chestnut Mart of Newburgh, Inc., and Saleh E1 Jamal have advised the Court that they have resolved the matters between them. 2. The parties consent to the dismissal with prejudice of the cross-claims and counterclaims between Favre Bros. Land. Inc., LeRoy Favre and David Favre Chestnut Petroleum Dist. Inc" Chestnut Mart of Newburgh, Inc. and Saleh El Jamal. 3. No other parties have objected to the dismissal of the above entitled cross-claims and counterclaims with prejudice as to Favre Bros. Land, Inc., LeRoy Favre, David Favre and Chestnut Petroleum Dist. Inc. Chestnut Mart of Newburgh, Inc., and Saleh El Jamal only. 4. Therefore, all cross-claims and counterclaims are hereby dismissed with prejudice as to Favre Bros. Land, Inc., LeRoy Favre, David Favre and Chestnut Petroleum Dist. Inc. Chestnut Mart of Newburgh, Inc., and Saleh El Jamal. (Signed by Judge Shira A. Scheindlin on 8/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09050-SAS(db)
August 25, 20092758Court Opinion or Order NOTICE AND ORDER OF RULE 41(a)(2) DISMISSAL OF DEFENDANT PHIBRO, INC. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant(s) Phibro LLC f/k/a Phibro, Inc. Each party to bear its own costs. Phibro LLC f/k/a Phibro, Inc. terminated. (Signed by Judge Shira A. Scheindlin on 8/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS, 1:04-cv-01719-SAS, 1:04-cv-01720-SAS, 1:04-cv-01721-SAS(db)
August 25, 20092759Court Opinion or Order AMENDED NOTICE AND ORDER OF RULE 41(a)(2) DISMISSAL OF DEFENDANT PHIBRO LLC: In order to reflect its current legal name, Plaintiffs hereby file this amended notice to dismiss Phibro LLC, named in the above captioned matters as Phibro, Inc. Accordingly, pursuant to Rule 4] (a)(2) of the Federal Rules of Civil Procedure, Plaintiffs in the above-captioned matters hereby move to dismiss without prejudice Phibro LLC from the above referenced causes of action, with each party to bear its own costs. Plaintiffs reserve all other rights as against all other defendants. Pursuant to the Court's directive at the October 30, 2008 Status Conference, any party opposing Plaintiffs' dismissal of Phi bra LLC shall have 14 days to file its objection. Plaintiffs respectfully move this Court for an Order dismissing Phibro LLC (named in the above captioned matters as Phibro, Inc.) without prejudice from each of the above causes of actionpursuant to Federal Rule of Civil Procedure 41(a)(2), with each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 8/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS, 1:04-cv-01719-SAS, 1:04-cv-01720-SAS, 1:04-cv-01721-SAS(db)
August 25, 20092760Court Opinion or Order STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST DEFENDANT GETTY PROPERTIES CORP.: Pursuant to Federal Rule of Civil Procedure 4l(a)(2), Plaintiffs City of New York. New York City Municipal Finance Water Authority, and New York City Water Board and Defendant Getty Properties Corp. ("Getty Properties"), hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Getty Properties as set forth in thePlaintiffs Fourth Amended Complaint, filed on March 9, 2007. The parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own attorneys' fees and costs. Plaintiffs reserve all other rights all against all other defendants. (Signed by Judge Shira A. Scheindlin on 8/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db)
August 25, 20092761Court Opinion or Order ORDER: The Clerk of Court is directed to close the following motions on themaster docket for MDL 1358, No. 00 Civ. 1898: # 2266, withdrawn. # 2322, withdrawn. # 2359, terminated as moot. # 2362, withdrawn. # 2364, decided in open court on 7/29/09. # 2366, decided in open court on 7/31/09. # 2367, decided in open court on 7/22/09. # 2371, decided in open court on 7/22/09. # 2374, decided in open court on 7/29/09. # 2378, withdrawn. # 2380, dismissed as moot without prejudice, parties may refi1e. # 2383, dismissed as moot without prejudice, parties may refi1e. # 2386, decided in open court on 7/29/09. # 2389, decided in open court on 7/22/09. # 2395, decided in an opinion published on 7/6/09. # 2398, decided in open court on 7/15/09. # 2401, decided in open court on 7/29/09. # 2403, mooted by decision in #2401. # 2404, decided in open court on 7/15/09. # 2408, mooted by decision in #2404. # 2410, decided in open court on 7/22/09. # 2411, decided in open court on 7/29/09. # 2416, decided in open court on 7/29/09. # 2418, decided in open court on 7/29/09. # 2420, decided in open court on 7/22/09. # 2422, mooted by decision in #2420. # 2577 - joint motion to dismiss; granted on 7/18/09. # 2611, decided in open court on 8/11/09. # 2732, decided in open court on 8/14/09.ORDER withdrawing 2266 Motion to Dismiss; withdrawing 2322 Motion in Limine; finding as moot 2359 Motion in Limine; withdrawing 2362 Motion in Limine; terminating 2364 Motion in Limine; terminating 2366 Motion in Limine; terminating 2367 Motion in Limine; terminating 2371 Motion in Limine; terminating 2374 Motion in Limine; withdrawing 2378 Motion in Limine; dismissing 2380 Motion in Limine; dismissing 2383 Motion in Limine; terminating 2386 Motion in Limine; terminating 2389 Motion in Limine; terminating 2395 Motion in Limine; terminating 2398 Motion in Limine; terminating 2401 Motion in Limine; finding as moot 2403 Motion; terminating 2404 Motion in Limine; finding as moot 2408 Motion; terminating 2410 Motion in Limine; terminating 2411 Motion in Limine; terminating 2416 Motion in Limine; terminating 2418 Motion in Limine; terminating 2420 Motion in Limine; finding as moot 2422 Motion; granting 2577 Motion to Dismiss; terminating 2611 Motion; terminating 2732 Motion. (Signed by Judge Shira A. Scheindlin on 8/25/09) (db) Modified on 8/25/2009 (db).
August 25, 20092762Court Opinion or Order ORDER: The Clerk of Court is directed to close the following motions on thedocket for No. 04 Civ. 3417: # 107, withdrawn. # 127, terminated as moot. # 133, terminated as moot. # 136, withdrawn. # 138, decided in open court on 7/29/09. # 140, decided in open court on 7/31/09. # 141, decided in open court on 7/22/09. # 145, decided in open court on 7/22/09. # 148, decided in open court on 7/29/09. # 152, withdrawn. # 154, dismissed as moot without prejudice, parties may refi1e. # 157, dismissed as moot without prejudice, parties may refi1e. # 160, decided in open court on 7/29/09. # 163, decided in open court on 7/22/09. # 169, decided in an opinion published on 7/6/09. # 172, decided in open court on 7/15/09. # 177, mooted by decision in #172. # 175, decided in open court on 7/29/09. # 178, decided in open court on 7/15/09. # 182, mooted by decision in #178. # 183, decided in open court on 7/29/09. # 185, decided in open court on 7/22/09. # 186, decided in open court on 7/29/09. # 189, mooted by decision in # 183. # 192, decided in open court on 7/29/09. # 194, decided in open court on 7/29/09. # 196, decided in open court on 7/22/09. # 198, mooted by decision in #196. # 211, decided in an opinion published on 7/21/09. # 348, decided in open court on 8/11/09. # 353, decided in open court on 8/11/09. # 416, decided in open court on 8/14/09. ORDER withdrawing (136) Motion in Limine; terminating (138) Motion in Limine; terminating (140) Motion in Limine; terminating (141) Motion in Limine; terminating (145) Motion in Limine; terminating (148) Motion in Limine; withdrawing (152) Motion in Limine; dismissing (154) Motion in Limine; dismissing (157) Motion in Limine; terminating (160) Motion in Limine; terminating (163) Motion in Limine; terminating (169) Motion in Limine; terminating (172) Motion in Limine; terminating (175) Motion in Limine; finding as moot (177) Motion ; terminating (178) Motion in Limine; finding as moot (182) Motion ; terminating (183) Motion in Limine; terminating (185) Motion in Limine; terminating (186) Motion in Limine; finding as moot (189) Motion in Limine; terminating (192) Motion in Limine; terminating (194) Motion in Limine; terminating (196) Motion in Limine; finding as moot (198) Motion ; terminating (211) Motion ; terminating (348) Motion ; terminating (353) Motion ; terminating (416) Motion ; withdrawing (107) Motion in Limine; terminating (127) Motion to Dismiss; terminating (133) Motion in Limine in case 1:04-cv-03417-SAS. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db)
August 25, 20092763WITNESS LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
August 25, 20092766Court Opinion or Order OPINION AND ORDER: Accordingly, I adhere to my prior decision: in instances where there were MTBE detections below the MCL prior to October 31, 2000, the City's damages claims are time-barred only if Exxon proves that, prior to October 31, 2000, the City was injured by the detected level of MTBE contamination and the City knew, or should have known, that an NITBE detection at that level was injurious. Insofar as the City seeks injunctive relief, the City's claims are timely for the reasons stated in the prior decision. For the foregoing reasons, Exxon's motion for summary judgment is denied. The Clerk of the Court is directed to close the motion (No. 04 Civ. 3417, document 342; No. 00 MDL 1898, document 2604).(2604 in 1:00-cv-01898-SAS-DCF, 342 in 1:04-cv-03417-SAS). MOTION for Summary Judgment of Plaintiff City of New York's Claims Related to Station 6 Based on the Statute of Limitations filed by Exxon Mobil Corporation. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db)
August 26, 20092764Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff American Distilling & Mfg. Co., Inc. and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil LimitedPartnership as set forth in Plaintiffs Eighth Amended Complaint, filed on November 2, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP and Gulf Oil Limited Partnership terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01719-SAS(db)
August 26, 20092765Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Buchanan County School Board and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Fourth Amended Complaint, filed on October 23, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP and Gulf Oil Limited Partnership terminated.Gulf Oil LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03418-SAS(db)
August 26, 20092767Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Chisholm Creek Utility Authorty and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Sixth Amended Complaint, filed on October 24, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP and Gulf Oil Limited Partnership terminated. Gulf Oil Limited Partnership terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02061-SAS(db)
August 26, 20092768Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Bel Aire, County of Sedgwick Water Authority and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Sixth Amended Complaint, filed on October 24, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP and Gulf Oil Limited Partnership terminated. Gulf Oil Limited Partnership terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02062-SAS(db)
August 26, 20092769Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff City of Dodge City, Kansas and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Sixth Amended Complaint, filed on October 23, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP and Gulf Oil Limited Partnership terminated. Gulf Oil Limited Partnership terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02060-SAS(db)
August 26, 20092770Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiffs and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Seventh Amended Complaint, filed on October 26, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP and Gulf Oil Limited Partnership terminated. Gulf Oil LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01723-SAS(db)
August 26, 20092771Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff City of Lowell and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Third Amended Complaint, served on October 25, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, Limited Partnership terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-04018-SAS(db)
August 26, 20092772Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff City of Marksville and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Sixth Amended Complaint, filed on October 25, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil L P terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03412-SAS(db)
August 26, 20092773Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff City of Mishawaka and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Eighth Amended Complaint, filed on October 26, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02055-SAS(db)
August 26, 20092774Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff County of Nassau and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Sixth Amended Complaint, filed on October 19, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil Limited Partnership terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09543-SAS(db)
August 26, 20092775Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff City of Park City, Kansas and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Fifth Amended Complaint, filed on October 24, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil L.P. and Gulf Oil Limited Partnership terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02059-SAS(db)
August 26, 20092776Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff City of Rockport and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Eighth Amended Complaint, filed on October 25, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01724-SAS(db)
August 26, 20092777Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff City of South Bend and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Seventh Amended Complaint, filed on October, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02056-SAS(db)
August 26, 20092778Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff County of Suffolk and Suffolk County Water Authority and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Sixth Amended Complaint, filed on October 16, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, Limited Partnership terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(db)
August 26, 20092779Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Craftsbury Fire District #2 and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Fifth Amended Complaint, filed on October 25, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03419-SAS(db)
August 26, 20092780Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Franklin Square District and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Fourth Amended Complaint, filed on October 19, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05423-SAS(db)
August 26, 20092781Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Greensville County Water and Sewer Authority and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Third Amended Complaint, filed on October 25, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-01310-SAS(db)
August 26, 20092782Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Hicksville Water District and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Fourth Amended Complaint, filed on October 20, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05421-SAS(db)
August 26, 20092783Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Incorporated Village of Sands Point and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Sixth Amended Complaint, filed on October 18, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03416-SAS(db)
August 26, 20092784Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Long Island Water Corporation and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Seventh Amended Complaint, filed on October 23, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, Limited Partnership terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02068-SAS(db)
August 26, 20092785Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Northampton Bucks County Municipal Authority and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Fifth Amended Complaint, filed on November 6, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-06993-SAS(db)
August 26, 20092786Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff North Newton School Corp. and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Eighth Amended Complaint, filed on October 24, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02057-SAS(db)
August 26, 20092787Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Our Lady of the Rosary Chapel and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Seventh Amended Complaint, filed on November 2, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS(db)
August 26, 20092788Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Patrick County School Board and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Seventh Amended Complaint, filed on October 26, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, L.P. terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02070-SAS(db)
August 26, 20092789Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Port Washington Water District and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Sixth Amended Complaint, filed on October 23, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03415-SAS(db)
August 26, 20092790Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff City of Vineland Water-Sewer Utility and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs First Amended Complaint, filed on November 6, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil Limited Partnership terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-09070-SAS(db)
August 26, 20092791Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiffs and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Tenth Amended Complaint, filed on November 2, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil Limited Partnership, terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01726-SAS(db)
August 26, 20092792Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Roslyn Water District and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Fourth Amended Complaint, filed on October 19, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05422-SAS(db)
August 26, 20092793Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Town of Campbellsburg, Indiana and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Fifth Amended Complaint, filed on October 23, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04990-SAS(db)
August 26, 20092794Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST CUMBERLAND FARMS, INC. AND GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiffs and Defendants Cumberland Farms, Inc. and Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Eighth Amended Complaint, filed on October 24, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP; Cumberland Farms Inc. and Cumberland Farms, Incorporated terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01725-SAS(db)
August 26, 20092795Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Town of East Hampton and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Seventh Amended Complaint, filed on November 2, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01720-SAS(db)
August 26, 20092796Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Town of Hartland, County of Windsor, Vermont and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Seventh Amended Complaint, filed on October, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02072-SAS(db)
August 26, 20092797Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Town of Matoaka, West Virginia, Matoaka Water System and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Fourth Amended Complaint, filed on October 24, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, Limited Partnership terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03420-SAS(db)
August 26, 20092798Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Town of Rayville and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Fifth Amended Complaint, filed on October 25, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil L P terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03413-SAS(db)
August 26, 20092799Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Town of Wappinger and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Fifth Amended Complaint, filed on October 19, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. GULF OIL, LP, terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02388-SAS(db)
August 26, 20092800Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff United Water Connecticut, Inc. and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Ninth Amended Complaint, filed on November 2, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01721-SAS(db)
August 26, 20092801Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff United Water New York, Inc. and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Fifth Amended Complaint, filed on October 16, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil Limited Partnership terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS(db)
August 26, 20092802Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Village of Island Lake and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Sixth Amended Complaint, filed on October 23, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(db)
August 26, 20092803Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Village of Pawling and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Fifth Amended Complaint, filed on October 18, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil LP terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02390-SAS(db)
August 26, 20092804Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Water Authority of Great Neck North and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Sixth Amended Complaint, filed on October 19, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil, Limited Partnership terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01727-SAS(db)
August 26, 20092805Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP: Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, the Plaintiff Water Authority of Western Nassau County and Defendant Gulf Oil Limited Partnership, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Gulf Oil Limited Partnership as set forth in Plaintiffs Sixth Amended Complaint, filed on October 18, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. Gulf Oil Limited Partnership, terminated. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-09544-SAS(db)
August 27, 20092806Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GLOBAL COMPANIES LLC, GLOBAL MONTELLO GROUP LLC, CHELSEA SANDWICH LLC, GLOBAL REVCO DOCK LLC, AND GLOBAL PETRLDUM CORPORATION; Pursuant to Rule 41 (a)(2) of the Federal Rules of Civii Procedure, the Plaintiffs and Defendants Global Companies LLC, Global Montello Group LLC, Chelsea Sandwich LLC, Global Revco Dock LLC, and Global Petroleum Corporation, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Global Companies LLC, GlobalMontello Group LLC, Chelsea Sandwich LLC, Global Revco Dock LLC, and Global Petroleum Corporation as set forth in Plaintiffs' Eighth Amended Complaint, filed on October 24, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiffs reserve all other rightsas against all other defendants. (Signed by Judge Shira A. Scheindlin on 8/27/09) (djc)
August 27, 20092807Court Opinion or Order ORDER. The Clerk of Court is directed to close motion #362 on the docket for No. 04 cv 3417. The motion was withdrawn as moot. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(djc)
August 27, 20092808Court Opinion or Order ORDER: The Clerk of Court is directed to close motion # 2625 on the masterdocket for MDL 1358, No. 00 Civ. 1898. The motion was withdrawn as moot. ORDER withdrawing 2625 Motion to Strike Document No. 2625 . (Signed by Judge Shira A. Scheindlin on 8/25/09) (db)
August 27, 20092809Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GLOBAL COMPANIES LLC, GLOBAL MONTELLO GROUP LLC, CHELSEA SANDWICH LLC, GLOBAL REVCO DOCK LLC, AND GLOBAL PETROLEUM CORPORATION: Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the Plaintiff City of Lowell and Defendants Global Companies LLC, Global Montello Group LLC, Chelsea Sandwich LLC, Global Revco Dock LLC, and Global Petroleum Corporation, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Global Companies LLC, Global Montello Group LLC, Chelsea Sandwich LLC, Global Revco Dock LLC, and Global Petroleum Corporation as set forth in Plaintiffs Third Amended Complaint,served on October 25, 2006. The Parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own costs, expenses and attorneys' fees. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 8/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:05-cv-04018-SAS(db)
August 28, 20092810WITNESS LIST. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
August 30, 20092811Exhibit List Plaintiff City of New York's First Supplemental Phase Three Exhibit List. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
September 1, 20092812Exhibit List Plainitff's Second Supplemental Phase III Exhibit List. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
September 1, 20092813BRIEF Plaintiff City of New York's Request for Judicial Notice. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
September 1, 20092814Exhibit List Corrected Second Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 1, 20092815Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: The time to answer or otherwise respond to the Complaint is hereby extended to and including October 30, 2009 for Rosemore Inc. Rosemore Inc. answer due 10/30/2009; Rosemore, Inc. answer due 10/30/2009. (Signed by Judge Shira A. Scheindlin on 9/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(db)
September 1, 20092816Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST TOTAL: Pursuant to Federal Rule of Civil Procedure 41 (a)(2), the Plaintiff~City of New York, New York City Municipal Water Finance Authority, and New York City Water Board andDefendant Total Petrochemicals USA, Inc. ("Total"), hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Total as set forth in the Plaintiffs' Fourth Amended Complaint, filed on March 9, 2007. The parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own attorneys' fees and costs. Plaintiffs reserve all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 9/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db)
September 2, 20092817Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: The time to answer or otherwise respond to the Complaint is hereby extended to and including October 30, 2009 for Rosemore Inc. Rosemore Inc. answer due 10/30/2009; Rosemore, Inc. answer due 10/30/2009. (Signed by Judge Shira A. Scheindlin on 9/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(db)
September 3, 20092818Exhibit List Plaintiff City of New York's Third Supplemental Phase III Exhibit List. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
September 8, 20092819Exhibit List Fourth Supplement to Plaintiffs' Phase III Trial Exhibit List. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
September 9, 20092820FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (LETTER) - MOTION to Strike Testimony of Dr. Sandra Mohr. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) Modified on 9/10/2009 (jar).
September 9, 20092821Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST DEFENDANT GPMI with prejudice. (Signed by Judge Shira A. Scheindlin on 9/8/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
September 9, 20092822Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST TOTAL PETROCHEMICALS USA, INC, with prejudice as set forth in the Plaintiffs' Fourth Amended Complaint, filed on 3/9/07. (Signed by Judge Shira A. Scheindlin on 9/8/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
September 9, 2009 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. [2820 in 00-cv-1898, 454 in 04-cv-3417] HAS BEEN REJECTED. Note to Attorney Marnie Riddle : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jar)
September 10, 20092823Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE that ExxonMobil and Favre Bros Land, Inc, LeRoy Favre and David Favre have advised the Court that they have resolved the matters between them. No other parties have objected to the dismissal of the claims. Therefore, all claims between Favre Bros. Land, Inc, LeRoy Favre, David Favre and ExxonMobil are hereby dismissed with prejudice. (Signed by Judge Shira A. Scheindlin on 9/8/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
September 11, 20092824Exhibit List Fifth Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 11, 20092825Court Opinion or Order ORDER withdrawing (27) Motion to Dismiss in case 1:08-cv-07764-SAS; withdrawing (26) Motion to Dismiss in case 1:08-cv-07766-SAS; withdrawing (2247) Motion to Dismiss in case 1:00-cv-01898-SAS-DCF. (Signed by Judge Shira A. Scheindlin on 9/11/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-07764-SAS, 1:08-cv-07766-SAS(cd)
September 11, 20092826Court Opinion or Order ORDER: The Clerk of the Court is directed to close the following motion onthe docket for 08-CV-7764: Motion numbered 27, entitled "Motion to Dismiss the complaints with prejudice and awarding Yorktown its costs and attorney's fees," which has been withdrawn. (Signed by Judge Shira A. Scheindlin on 9/11/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-07764-SAS(db)
September 11, 20092827Court Opinion or Order ORDER: The Clerk of the Court is directed to close the following motion onthe docket for 08-CV-7766: Motion numbered 26, entitled "Motion to Dismiss the complaints with prejudice and awarding Yorktown its costs and attorney's fees," which has been withdrawn. (Signed by Judge Shira A. Scheindlin on 9/11/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-07766-SAS(db)
September 13, 20092828Exhibit List FIFTH SUPPLEMENT TO PLAINTIFF CITY OF NEW YORK'S PHASE III TRIAL EXHIBIT LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
September 14, 20092829Exhibit List Sixth Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 14, 20092830Exhibit List Seventh Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 15, 20092831Exhibit List SIXTH SUPPLEMENT TO PLAINTIFF CITY OF NEW YORKS PHASE III TRIAL EXHIBIT LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
September 15, 20092832Exhibit List Eighth Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 16, 20092833Exhibit List SEVENTH SUPPLEMENT TO PLAINTIFF CITY OF NEW YORK'S PHASE III TRIAL EXHIBIT LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
September 16, 20092834Exhibit List Ninth Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 17, 20092835REQUEST TO CHARGE. Document filed by The City of New York.(Campins, Nicholas)
September 17, 20092836ENDORSED LETTER addressed to Judge Shira A. Scheindlin from James Pardo dated 9/15/09 re: Request that the listed correspondence be made part of the Court Record. ENDORSEMENT: So Ordered. (Signed by Judge Shira A. Scheindlin on 9/17/09) (cd) (also docketed in 04-3417)
September 18, 20092837FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to Appear Pro Hac Vice. Document filed by Southern Countries Oil Co.. (Attachments: # 1 Affidavit Affidavit of Alan E. Greenberg in Support of Motion to Admit David F. Wood As Counsel Pro Hac Vice, # 2 Text of Proposed Order Proposed Order, # 3 Affidavit Proof of Service)(Greenberg, Alan) Modified on 9/21/2009 (jar).
September 18, 20092838Court Opinion or Order ORDER the Clerk of the Court is directed to close the following motion on the docket for 04-4968: Motion numbered 66 "Motion for Entry of Default as to G & M Oil Company." Default was entered by the clerk of the court on 9/12/09. (Signed by Judge Shira A. Scheindlin on 9/17/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
September 18, 20092839Court Opinion or Order ORDER the Clerk of the Court is directed to close the following motion on the docket for 00-1898: Motion numbered 2065, entitled "Motion for Entry of Default as to G & M Oil Company." Default was entered by the clerk of the court on 9/12/09. (Signed by Judge Shira A. Scheindlin on 9/17/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
September 18, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Alan Greenberg to MANUALLY RE-FILE Document No. 2837 Motion to Appear Pro Hac Vice. This document is not filed via ECF. (jar)
September 19, 20092840REQUEST TO CHARGE. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
September 20, 20092841Exhibit List Plaintiff City of New York's Eighth Supplement to Phase III Trial Exhibit List. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
September 21, 20092842Exhibit List Tenth Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 21, 20092843BRIEF Request for Judicial Notice of Exxon Mobil Corporation's 2008 Form 10-K. Document filed by The City of New York. (Attachments: # 1 Exhibit A - Pages 1 - 22, # 2 Exhibit A - Pages 23 - 44, # 3 Exhibit Exhibit A - Pages 45 - 66, # 4 Exhibit A - Pages 67 - 88, # 5 Exhibit A - Pages 89 - 110, # 6 Exhibit A - Pages 111 - 148)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
September 23, 20092844Exhibit List NINTH SUPPLEMENT TO PLAINTIFFS PHASE III TRIAL EXHIBIT LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
September 23, 2009 CASHIERS OFFICE REMARK in the amount of $50.00, paid on 09/14/2009, Receipt Number 699490. Payment Pro Hac Vice for Harvey R. Friedman & Julia R. Haye. (jd)
September 23, 20092845Court Opinion or Order ORDER TO ADMIT DAVID F. WOOD AS COUNSEL PRO HAC VICE: Attorney David F. Wood is admitted pro hac vice for Southern Countries Oil Co. in this action. The request is hereby GRANTED. The deposit of the required $25 fee to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 9/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03739-SAS(tro)
September 23, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (10 in 1:09-cv-03739-SAS, 2845 in 1:00-cv-01898-SAS-DCF) Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03739-SAS(tro)
September 23, 20092846Exhibit List TENTH SUPPLEMENT TO PLAINTIFFS PHASE III TRIAL EXHIBIT LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
September 25, 20092847Court Opinion or Order ORDER ADMITTING COUNSEL PRO HAC VICE. Attorney Anthony A. Orlandi for Gulf Limited Liability Partnership, Gulf Oil Limited Partnership, Gulf Limited Liability Partnership, Gulf Oil, Limited Partnership, and Gulf Oil Limited Partnership admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 9/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
September 25, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (37 in 1:06-cv-05915-SAS, 69 in 1:04-cv-05421-SAS, 73 in 1:04-cv-02068-SAS, 85 in 1:04-cv-04970-SAS, 37 in 1:06-cv-05928-SAS, 88 in 1:03-cv-10057-SAS, 65 in 1:04-cv-01722-SAS, 37 in 1:06-cv-05953-SAS, 45 in 1:06-cv-03754-SAS, 70 in 1:04-cv-05423-SAS, 473 in 1:04-cv-03417-SAS, 38 in 1:06-cv-05956-SAS, 50 in 1:06-cv-03741-SAS, 38 in 1:06-cv-05906-SAS, 47 in 1:07-cv-04011-SAS, 37 in 1:06-cv-10205-SAS, 48 in 1:06-cv-01381-SAS, 117 in 1:04-cv-02389-SAS, 70 in 1:08-cv-07764-SAS, 79 in 1:07-cv-10470-SAS, 37 in 1:06-cv-05951-SAS, 38 in 1:06-cv-05940-SAS, 38 in 1:06-cv-05957-SAS, 89 in 1:04-cv-02390-SAS, 37 in 1:06-cv-05922-SAS, 71 in 1:04-cv-01726-SAS, 43 in 1:07-cv-08360-SAS, 37 in 1:06-cv-05926-SAS, 39 in 1:06-cv-00877-SAS, 101 in 1:07-cv-02407-SAS, 38 in 1:06-cv-05963-SAS, 37 in 1:06-cv-05958-SAS, 38 in 1:06-cv-05962-SAS, 10 in 1:09-cv-03739-SAS, 45 in 1:06-cv-03742-SAS, 51 in 1:05-cv-09070-SAS, 37 in 1:06-cv-05919-SAS, 37 in 1:06-cv-05933-SAS, 53 in 1:04-cv-02057-SAS, 64 in 1:04-cv-01723-SAS, 65 in 1:04-cv-03419-SAS, 55 in 1:04-cv-01724-SAS, 37 in 1:06-cv-05952-SAS, 65 in 1:04-cv-03413-SAS, 37 in 1:06-cv-05961-SAS, 64 in 1:04-cv-03415-SAS, 101 in 1:07-cv-02403-SAS, 37 in 1:06-cv-05946-SAS, 37 in 1:06-cv-05948-SAS, 39 in 1:05-cv-10259-SAS, 54 in 1:06-cv-03753-SAS, 38 in 1:07-cv-09453-SAS, 38 in 1:06-cv-05927-SAS, 55 in 1:04-cv-04990-SAS, 37 in 1:06-cv-05954-SAS, 37 in 1:06-cv-05937-SAS, 86 in 1:03-cv-10053-SAS, 107 in 1:07-cv-02405-SAS, 37 in 1:06-cv-05945-SAS, 38 in 1:06-cv-05923-SAS, 87 in 1:03-cv-10051-SAS, 103 in 1:03-cv-09544-SAS, 53 in 1:04-cv-04971-SAS, 37 in 1:06-cv-05924-SAS, 75 in 1:04-cv-02070-SAS, 63 in 1:04-cv-02061-SAS, 108 in 1:03-cv-09543-SAS, 4 in 1:09-cv-06554-SAS, 2847 in 1:00-cv-01898-SAS-DCF, 38 in 1:06-cv-05902-SAS, 68 in 1:04-cv-03420-SAS, 52 in 1:05-cv-04018-SAS, 64 in 1:04-cv-02059-SAS, 72 in 1:04-cv-03416-SAS, 47 in 1:05-cv-01310-SAS, 37 in 1:06-cv-05960-SAS, 39 in 1:06-cv-05903-SAS, 38 in 1:06-cv-05932-SAS, 89 in 1:03-cv-10055-SAS, 68 in 1:08-cv-00312-SAS, 66 in 1:04-cv-02060-SAS, 96 in 1:04-cv-01719-SAS, 203 in 1:03-cv-08248-SAS, 38 in 1:06-cv-05925-SAS, 106 in 1:04-cv-04972-SAS, 45 in 1:06-cv-03750-SAS, 66 in 1:08-cv-07766-SAS, 72 in 1:04-cv-02072-SAS, 45 in 1:07-cv-06848-SAS, 88 in 1:04-cv-02053-SAS, 47 in 1:07-cv-04012-SAS, 53 in 1:08-cv-00278-SAS, 64 in 1:04-cv-02062-SAS, 90 in 1:04-cv-01718-SAS, 77 in 1:04-cv-06993-SAS, 73 in 1:06-cv-05496-SAS, 85 in 1:03-cv-10054-SAS, 99 in 1:04-cv-01720-SAS, 38 in 1:06-cv-05949-SAS, 37 in 1:06-cv-05921-SAS, 38 in 1:06-cv-05931-SAS, 56 in 1:04-cv-02067-SAS, 68 in 1:04-cv-04969-SAS, 38 in 1:06-cv-05913-SAS, 253 in 1:03-cv-09050-SAS, 88 in 1:03-cv-10056-SAS, 38 in 1:06-cv-01379-SAS, 288 in 1:04-cv-05424-SAS, 48 in 1:07-cv-04009-SAS, 38 in 1:06-cv-05912-SAS, 37 in 1:06-cv-05943-SAS, 38 in 1:06-cv-05907-SAS, 90 in 1:04-cv-02388-SAS, 38 in 1:06-cv-05901-SAS, 54 in 1:04-cv-02056-SAS, 37 in 1:06-cv-05930-SAS, 67 in 1:04-cv-04975-SAS, 97 in 1:04-cv-01725-SAS, 38 in 1:06-cv-05939-SAS, 36 in 1:06-cv-05916-SAS, 53 in 1:04-cv-04973-SAS, 56 in 1:04-cv-02055-SAS, 37 in 1:06-cv-05941-SAS, 38 in 1:06-cv-05955-SAS, 95 in 1:04-cv-01721-SAS, 45 in 1:06-cv-03751-SAS, 37 in 1:06-cv-05914-SAS, 80 in 1:04-cv-01716-SAS, 37 in 1:06-cv-05947-SAS, 71 in 1:04-cv-05422-SAS, 15 in 1:09-cv-03738-SAS, 61 in 1:04-cv-02066-SAS, 89 in 1:03-cv-10052-SAS, 38 in 1:06-cv-05911-SAS, 51 in 1:08-cv-06306-SAS, 37 in 1:06-cv-05920-SAS, 71 in 1:04-cv-01727-SAS, 70 in 1:04-cv-04974-SAS, 65 in 1:04-cv-03412-SAS, 38 in 1:06-cv-05959-SAS, 101 in 1:07-cv-02406-SAS, 38 in 1:06-cv-05950-SAS, 118 in 1:04-cv-04968-SAS, 20 in 1:09-cv-01419-SAS, 45 in 1:06-cv-03752-SAS, 38 in 1:06-cv-05942-SAS, 37 in 1:06-cv-05917-SAS, 83 in 1:04-cv-03418-SAS, 38 in 1:06-cv-05905-SAS, 38 in 1:06-cv-05938-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
September 28, 2009 CASHIERS OFFICE REMARK on 2845 Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 09/22/2009, Receipt Number 700420. (jd)
October 1, 20092848BRIEF PLAINTIFFS OPPOSITION TO EXXONMOBIL CORPORATIONS MOTION IN LIMINE TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING (I) JOINT AND SEVERAL LIABILITY AND PUNITIVE DAMAGES AND (II) TO PROHIBIT THE PROPOSED TESTIMONY OF DR. FOGG AND MR. BURKE. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
October 1, 20092849BRIEF DECLARATION OF NICHOLAS G. CAMPINS IN OPPOSITION TO EXXONMOBIL CORPORATIONS MOTION IN LIMINE TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING (I) JOINT AND SEVERAL LIABILITY AND PUNITIVE DAMAGES AND (II) TO PROHIBIT THE PROPOSED TESTIMONY OF DR. FOGG AND MR. BURKE. Document filed by The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
October 1, 20092850Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Anthony A. Orlandi for Getty Oil Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 10/1/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo)
October 1, 20092851MOTION for Judgment as a Matter of Law. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
October 1, 20092852MEMORANDUM OF LAW in Support re: (477 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Memorandum - Part 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
October 1, 20092853DECLARATION of James A. Pardo in Support re: (477 in 1:04-cv-03417-SAS, 2851 in 1:00-cv-01898-SAS-DCF) MOTION for Judgment as a Matter of Law.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit A - Part 2, # 3 Exhibit A - Part 3, # 4 Exhibit A - Part 4, # 5 Exhibit A - Part 5, # 6 Exhibit A - Part 6, # 7 Exhibit A - Part 7, # 8 Exhibit B, # 9 Exhibit B - Part 2, # 10 Exhibit C, # 11 Exhibit C - Part 2, # 12 Exhibit C - Part 3, # 13 Exhibit D, # 14 Exhibit D - Part 2, # 15 Exhibit E, # 16 Exhibit E - Part 2, # 17 Exhibit F, # 18 Exhibit F - Part 2, # 19 Exhibit F - Part 3, # 20 Exhibit F - Part 4, # 21 Exhibit G, # 22 Exhibit H, # 23 Exhibit I, # 24 Exhibit I - Part 2, # 25 Exhibit I - Part 3, # 26 Exhibit J, # 27 Exhibit J - Part 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
October 1, 20092854Court Opinion or Order ORDER OF DISMISSAL WITH PREJUDICE.... therefore all claims between Favre Bros. Land, Inc, LeRoy Favre, David Favre, and ExxonMobil are hereby dismissed with prejudice. (Signed by Judge Shira A. Scheindlin on 10/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
October 1, 20092855STIPULATION OF DISMISSAL PURSUANT TO FRCP 41(a)(2)....ExxonMobil Corporation and Favre Bros. Land, Inc, LeRoy Favre and David Favre hereby advise the Court that they have resolved the matters between them and have agreed to the entry of the attached Orders of Dismissal of any and all claims. (Signed by Judge Shira A. Scheindlin on 10/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS(cd)
October 2, 20092856MOTION in Limine to Exclude Evidence and Argument Regarding (I) Joint and Several Liability and Punitive Damages and (II) to Prohibit the Proposed Testimony of Dr. Fogg and Mr. Burke. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
October 2, 20092857REPLY MEMORANDUM OF LAW in Support re: (480 in 1:04-cv-03417-SAS, 2856 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
October 6, 20092858MEMORANDUM OF LAW in Opposition re: (477 in 1:04-cv-03417-SAS, 2851 in 1:00-cv-01898-SAS-DCF) MOTION for Judgment as a Matter of Law.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
October 6, 20092859DECLARATION of Marnie E. Riddle in Opposition re: (477 in 1:04-cv-03417-SAS, 2851 in 1:00-cv-01898-SAS-DCF) MOTION for Judgment as a Matter of Law.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
October 13, 20092860MOTION in Limine to Preclude the Testimony of Mr. Burke in Phase IV. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
October 13, 20092861MEMORANDUM OF LAW in Support re: (2860 in 1:00-cv-01898-SAS-DCF, 484 in 1:04-cv-03417-SAS) MOTION in Limine to Preclude the Testimony of Mr. Burke in Phase IV.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Attachment A, # 2 Attachment A - Part 2, # 3 Attachment A - Part 3, # 4 Attachment A - Part 4, # 5 Attachment B, # 6 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
October 14, 20092862MEMORANDUM OF LAW in Opposition re: (2860 in 1:00-cv-01898-SAS-DCF, 484 in 1:04-cv-03417-SAS) MOTION in Limine to Preclude the Testimony of Mr. Burke in Phase IV.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
October 14, 20092863DECLARATION of Nicholas G. Campins in Opposition re: (2860 in 1:00-cv-01898-SAS-DCF, 484 in 1:04-cv-03417-SAS) MOTION in Limine to Preclude the Testimony of Mr. Burke in Phase IV.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
October 15, 20092864FILING ERROR - WRONG PARTIES WERE SELECTED FROM THE MENU - (CORRECT MOTION FILED IN CASE 1:06-CV-3753, DOCUMENT # 56) - MOTION to Substitute Party. Old Party: New Party:. Document filed by Shell Oil Products Company, Sunoco, Inc., Tosco Corporation, Does 1 through 100, Texaco Inc., Steven C. Greene, Melanie J. Arcure, Ron La Susa, Atlantic Richfield Company, United Refining Company, Donna Berisha, Valero Energy, Inc., Chevron U.S.A., Inc., Costal Corporation, Motiva Enterprises, LLC, Robert O'Brien, BP Corporation North America Inc., Claudia Christiansen, Amerada Hess Corporation, BP Amoco Corporation, Chevron Corporation, Frontier El Dorado Refining Company, American Agip Co. Inc., Kenneth E. Warner, The People of the State of California, Sacramento County Water Agency, Sacramento Goundwater Authority, Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conservation District, Rio Linda Elverta Community Water District, Sacramento Suburban Water District, San Juan Water District, California-American Water Company, City of Sacramento, BP Products North America, Inc., Chevrontexaco Corporation, ConocoPhillips Company, Equilon Enterprises LLC, Exxon Mobil Corporation, Shell Oil Company, Tesoro Refining and Marketing Company, Inc., Texaco Refining and Marketing, Inc., Ultramar, Inc., Unocal Corporation, Lyondell Chemical Company, Circle K Stores, Inc., Bains Brothers, LLC, Sartaj Bains, Digol's Gas, Ghulam Fareed, Mohammed Faruk, Ferg's Market, Fuel Stop, Full Stop Mini Market, Gold Star Gas/Food, Elias Jbeily, Julius Juhasz, Klara Juhasz, Edward Marrach, Safdar Naiz, New West petroleum, New West Stations, Inc., Sajda Perveen, Petro Star, R&B Stations, Inc., Abdul Rauf, Mohammad Shamshad, Speed Bird, Inc., Super Star Plus Corporation, Lo J. Yang, Does 26-1000, The State of New Hampshire, Ashland Inc., La Gloria Oil and Gas Company, BP West Coast LLC, Giant Yorktown, Inc., American Refining Group Inc.'s, Citgo Refining and Chemicals Company L.P., Plaacid REfining Company, LLC, Lassus Bros. Oil, Inc., Dupre Transport, LLC, Southern Countries Oil Co., Tesoro Petroleum Corporation., Vitol, S.A., North Atlantic Refinery, Union Oil Company of California, Flint Hills Resources, LP, Equistar Chemicals, LP, All Plaintiffs, Petro-Diamond, Inc., Go-Mart, Inc., The City of New York, Town of Hartland, Fauser Oil Co. Inc., Keck, Inc., Mulgrew Oil Company, Colorado Refining Company, Diamond Shamrock Refining and Marketing Company, TPI Petroleum, Inc., Ultramar Energy, Inc., Ultramar Limited, John and Jane Does Nos. 1-500, John and Jane Does 1-500, John and Jane Does Nos. 501-1000, Koch Industries, Inc., Sunoco, Inc. (R&M), Irving Oil Corporation, Irving Oil Limited, Irving Oil Terminals, Inc., Phibro Inc., PDV Midwest Refining, L.L.C., Valero Refining and Marketing Company, Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Valero RefiningTexas, TRMI Holdings Inc., Total Petrochemicals USA, Inc., Equiva Services, LLC, Shell Petroleum, Inc., Shell Trading (US) Company, Star Enterprises, TMR Company, Parker Holding Company Inc, Parker Oil Company, Getty Petroleum Marketing Inc., Leemilt's Petroleum Inc., Mercury Fuel Service, Incorporated, Buckley Energy Group, Ltd., Buckley Gasoline Marketers, Inc., Santa Fuel Inc., Santa Holding Company, Hess Energy, Inc., Coastal Chem, Inc., Coastal Eagle Point Oil Company, Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company, Getty Properties Corp., Johnson & Dix Fuel Corp., Coastal Fuels Marketing, Inc., Chelsea Sandwich, LLC., Global Companies, LLC, Global Montello Group, Global Petroleum Corporation, Cumberland Farms Inc., Bartco Corp., International Matex Tank Terminals, Warner Petroleum, Inc.,, The Premcor Refining Group Inc., Westport Petroleum Inc, Blue Star Petroleum, Inc.,, PS Trading, Inc., USA Gasoline Corporation,, Toms Sierra Company, Inc., Fuel Star, Inc.,, Crown Central Petroleum Corporation, Orange County Water District, 7-Eleven, Inc.,, Edith Quick, City of Lowell Massachusetts, Amerada Hess Corp., Central Florida Pipeline Corporation, Kinder Morgan Energy Partners, L.P., SFPP, L.P., City of Riverside, A&A McHenry, Inc., Charles Werth, M & P Silver Family Partners II, The Town of Highlands, New York, United Water New York, Inc., John R. Hicks, Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Dist., Inc., Favre Bros. Land, Inc., David J. Favre, Leroy G. Favre, Saleh El Jamal, Zachary Krug, Murphy Oil USA Inc, Town of Matoaka, West Virginia, Matoaka Water System, Village Of Island Lake, City of Dodge City, Kansas, Emerald Coast Utilities Authority, North Newton School Corporation, Town Of Duxbury, City of Bel Aire, Chisholm Creek Utility Authority, City of Park City, Kansas, City of Galva, Freedom Sanitary District #1, St. Nicholas Parish, BP Amoco Chemical Company, Inc., Capital Credit Union, Town of Freedom, State of New Mexico, Greensville Country Water & Sewer Authority, County of Greensville, City of Rockport, Town of Marksville, Town of Rayville, Town of Billerica, et al., Coffey Insurance Services, Patrick County School Board, City of Mishawaka, Hope Koch, Incorporated Village of Sands Point, Amerada Hess Corporation, Franklin Square Water District, Water Authority of Great Neck North, County of Nassau, Buchanan County School Board, Town of Campbellsburg, Indiana, Port Washington Water District, City of Lawrence, Town of Middleborough, City of South Bend, Indiana, Craftsbury Fire District # 2, City of Ida Grove, Sioux City, City of, DEF Company(s), Giant Industries Inc, Lyondell-Citgo Refining LP, Marathon Ashland Petroleum LLC, Marathon Oil Company, New Jersey American Water Company, Inc., Our Lady of the Rosary Chapel, American Distilling & Manufacturing Co., Inc., Town of East Hampton, United Water CT Inc., Northampton Bucks County Municipal Authority, Ryan Micallef, Chevron Phillips Chemical Company LLC, City of NY, Huntsman Corporation, Occidental Chemical Corporation, Sabic Americas, Inc., Texas Petrochemicals LP, Rachel Spector, Gulf Oil Limited Partnership, Lukoil Americas Corporation, Total Petroleum Puerto Rico Corporation, Total Oil, Inc., New Jersey Department of Environmental Protection, The Commissioner of New Jersey Motor Vehicle Services, The Administrator of Ne w Jeresey Spill Compensation Fund, Citgo Petroleum Corporation, Sol Pureto Rico Limited, O.K. Petroleum Distribution Corp., O.K. Petroleum International, Ltd., Rosemore, Inc., Crown Central LLC, Valero Refining Company-California, Western Refining, Inc., Sunoco Inc., Four Star Oil and Gas Company, Kewanee Industries Inc., Chevron Puerto Rico LLC, Chevron Estrella Puerto Rico, Inc., Kewanee Industries, Inc., Chevron Puerto Rico, LLC, Texaco Petroleum, Inc., Chevron International Oil Company, Inc., Chevron Caribbean Inc., Global Revco Dock LLC, United States, The Water Board, Water Finance Agency, Ronald J. Hedges, Phibro LLC f/k/a Phibro, Inc., UNKNOWN OTHERS, Getty Petroleum Corporation, Gulf Oil Ltd. Partnership, Mobil Oil Corporation.(Summy, Paul) Modified on 11/5/2009 (gp).
October 19, 20092865REPLY MEMORANDUM OF LAW in Support re: (477 in 1:04-cv-03417-SAS, 2851 in 1:00-cv-01898-SAS-DCF) MOTION for Judgment as a Matter of Law.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
October 19, 20092866Court Opinion or Order OPINION AND ORDER # - - - - -. For the foregoing reasons, ExxonMobil's motion is granted. I stress, however, that this holding is nocessarily limited to the facts presented at this bellwether trial, where the City has not shown that ExxonMobil's conduct created either significant actual harm or a substantial risk of severe harm to the Station Six wells. (Signed by Judge Shira A. Scheindlin on 10/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(rjm)
October 23, 20092867Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Nicole L. Picard for Gulf Oil Limited Partnership admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 10/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
October 23, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (12 in 1:09-cv-03739-SAS, 67 in 1:04-cv-03412-SAS, 40 in 1:06-cv-05925-SAS, 75 in 1:06-cv-05496-SAS, 207 in 1:03-cv-08248-SAS, 39 in 1:06-cv-05947-SAS, 91 in 1:03-cv-10052-SAS, 39 in 1:06-cv-05917-SAS, 81 in 1:07-cv-10470-SAS, 72 in 1:04-cv-04974-SAS, 39 in 1:06-cv-05948-SAS, 63 in 1:04-cv-02066-SAS, 74 in 1:04-cv-02072-SAS, 91 in 1:03-cv-10055-SAS, 101 in 1:04-cv-01720-SAS, 70 in 1:04-cv-03420-SAS, 99 in 1:04-cv-01725-SAS, 91 in 1:04-cv-02390-SAS, 39 in 1:06-cv-05928-SAS, 89 in 1:03-cv-10051-SAS, 87 in 1:04-cv-04970-SAS, 88 in 1:03-cv-10053-SAS, 65 in 1:04-cv-02061-SAS, 90 in 1:03-cv-10057-SAS, 40 in 1:06-cv-05938-SAS, 40 in 1:06-cv-05949-SAS, 40 in 1:06-cv-05923-SAS, 39 in 1:06-cv-05924-SAS, 47 in 1:06-cv-03750-SAS, 66 in 1:04-cv-01723-SAS, 39 in 1:06-cv-05958-SAS, 40 in 1:06-cv-05901-SAS, 58 in 1:04-cv-02067-SAS, 40 in 1:06-cv-05955-SAS, 39 in 1:06-cv-05946-SAS, 110 in 1:03-cv-09543-SAS, 77 in 1:04-cv-02070-SAS, 40 in 1:06-cv-05902-SAS, 69 in 1:04-cv-04975-SAS, 66 in 1:04-cv-02062-SAS, 47 in 1:07-cv-06848-SAS, 98 in 1:04-cv-01719-SAS, 71 in 1:04-cv-05421-SAS, 39 in 1:06-cv-05951-SAS, 39 in 1:06-cv-05960-SAS, 40 in 1:06-cv-05959-SAS, 121 in 1:04-cv-04968-SAS, 39 in 1:06-cv-05945-SAS, 40 in 1:06-cv-05927-SAS, 49 in 1:07-cv-04012-SAS, 39 in 1:06-cv-10205-SAS, 39 in 1:06-cv-05922-SAS, 53 in 1:05-cv-09070-SAS, 50 in 1:07-cv-04009-SAS, 41 in 1:06-cv-05903-SAS, 103 in 1:07-cv-02406-SAS, 40 in 1:06-cv-05942-SAS, 45 in 1:07-cv-08360-SAS, 68 in 1:08-cv-07766-SAS, 79 in 1:04-cv-06993-SAS, 58 in 1:06-cv-03753-SAS, 39 in 1:06-cv-05953-SAS, 73 in 1:04-cv-01727-SAS, 41 in 1:06-cv-00877-SAS, 52 in 1:06-cv-03741-SAS, 87 in 1:03-cv-10054-SAS, 40 in 1:06-cv-05912-SAS, 74 in 1:04-cv-03416-SAS, 70 in 1:04-cv-04969-SAS, 40 in 1:06-cv-05963-SAS, 40 in 1:06-cv-05940-SAS, 68 in 1:04-cv-02060-SAS, 55 in 1:04-cv-04971-SAS, 54 in 1:05-cv-04018-SAS, 490 in 1:04-cv-03417-SAS, 39 in 1:06-cv-05914-SAS, 66 in 1:04-cv-02059-SAS, 92 in 1:04-cv-02388-SAS, 47 in 1:06-cv-03754-SAS, 38 in 1:06-cv-05916-SAS, 41 in 1:05-cv-10259-SAS, 67 in 1:04-cv-03413-SAS, 40 in 1:06-cv-05962-SAS, 40 in 1:06-cv-05956-SAS, 17 in 1:09-cv-03738-SAS, 40 in 1:06-cv-05932-SAS, 40 in 1:06-cv-05957-SAS, 49 in 1:07-cv-04011-SAS, 55 in 1:04-cv-04973-SAS, 40 in 1:07-cv-09453-SAS, 55 in 1:04-cv-02057-SAS, 47 in 1:06-cv-03751-SAS, 40 in 1:06-cv-05939-SAS, 40 in 1:06-cv-01379-SAS, 2867 in 1:00-cv-01898-SAS-DCF, 47 in 1:06-cv-03742-SAS, 39 in 1:06-cv-05921-SAS, 22 in 1:09-cv-01419-SAS, 103 in 1:07-cv-02407-SAS, 39 in 1:06-cv-05920-SAS, 67 in 1:04-cv-03419-SAS, 67 in 1:04-cv-01722-SAS, 40 in 1:06-cv-05911-SAS, 75 in 1:04-cv-02068-SAS, 119 in 1:04-cv-02389-SAS, 57 in 1:04-cv-01724-SAS, 6 in 1:09-cv-06554-SAS, 72 in 1:08-cv-07764-SAS, 58 in 1:04-cv-02055-SAS, 39 in 1:06-cv-05961-SAS, 39 in 1:06-cv-05919-SAS, 73 in 1:04-cv-01726-SAS, 290 in 1:04-cv-05424-SAS, 50 in 1:06-cv-01381-SAS, 90 in 1:03-cv-10056-SAS, 39 in 1:06-cv-05954-SAS, 54 in 1:08-cv-06306-SAS, 39 in 1:06-cv-05937-SAS, 97 in 1:04-cv-01721-SAS, 47 in 1:06-cv-03752-SAS, 40 in 1:06-cv-05931-SAS, 70 in 1:08-cv-00312-SAS, 90 in 1:04-cv-02053-SAS, 66 in 1:04-cv-03415-SAS, 55 in 1:08-cv-00278-SAS, 40 in 1:06-cv-05906-SAS, 257 in 1:03-cv-09050-SAS, 109 in 1:07-cv-02405-SAS, 39 in 1:06-cv-05926-SAS, 49 in 1:05-cv-01310-SAS, 103 in 1:07-cv-02403-SAS, 40 in 1:06-cv-05905-SAS, 39 in 1:06-cv-05933-SAS, 105 in 1:03-cv-09544-SAS, 56 in 1:04-cv-02056-SAS, 85 in 1:04-cv-03418-SAS, 39 in 1:06-cv-05941-SAS, 39 in 1:06-cv-05943-SAS, 40 in 1:06-cv-05913-SAS, 57 in 1:04-cv-04990-SAS, 82 in 1:04-cv-01716-SAS, 73 in 1:04-cv-05422-SAS, 39 in 1:06-cv-05930-SAS, 108 in 1:04-cv-04972-SAS, 39 in 1:06-cv-05915-SAS, 40 in 1:06-cv-05950-SAS, 40 in 1:06-cv-05907-SAS, 39 in 1:06-cv-05952-SAS, 72 in 1:04-cv-05423-SAS, 92 in 1:04-cv-01718-SAS) Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
October 26, 20092868MOTION For Determination of Good Faith Settlement. Document filed by Sierra Energy, Toms Sierra Company, Inc. (attached is proposed order)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
October 26, 20092869DECLARATION of M. Taylor Florence in Support re: (88 in 1:04-cv-04970-SAS, 2868 in 1:00-cv-01898-SAS-DCF) MOTION Determination of Good Faith Settlement.. Document filed by Sierra Energy, Toms Sierra Company, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
October 26, 20092870MEMORANDUM OF LAW in Support re: (88 in 1:04-cv-04970-SAS, 2868 in 1:00-cv-01898-SAS-DCF) MOTION Determination of Good Faith Settlement.. Document filed by Sierra Energy, Toms Sierra Company, Inc., Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
October 27, 20092871MOTION for Settlement Certain Defendants' Notice of Motion for Determination of a Good Faith Settlement. Document filed by Exxon Mobil Corporation. (Attachments: # 1 [Proposed] Order, # 2 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(Gerson, Lisa)
October 27, 20092872DECLARATION of Robert Gordon in Support re: (91 in 1:04-cv-02053-SAS, 2871 in 1:00-cv-01898-SAS-DCF) MOTION for Settlement.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(Gerson, Lisa)
October 27, 20092873DECLARATION of Peter John Sacripanti in Support re: (91 in 1:04-cv-02053-SAS, 2871 in 1:00-cv-01898-SAS-DCF) MOTION for Settlement.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(Gerson, Lisa)
October 27, 20092874MEMORANDUM OF LAW in Support re: (91 in 1:04-cv-02053-SAS, 2871 in 1:00-cv-01898-SAS-DCF) MOTION for Settlement.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(Gerson, Lisa)
October 30, 20092875Court Opinion or Order ORDER. Pursuant to Federal Rule of Civil Procedure 53(a), I am appointing Kieran Gostin as Special Master to further assist the Court. (Signed by Judge Shira A. Scheindlin on 10/30/09) (djc)
November 2, 20092876Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT, Rosemore Inc. answer due 12/31/2009; Rosemore, Inc. answer due 12/31/2009. (Signed by Judge Shira A. Scheindlin on 11/2/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
November 2, 20092877Court Opinion or Order STIPULATION AND ORDER. The time to answer or otherwise respond to the complaint is hereby extended to and including December 31, 2009 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 11/2/09) (djc)
November 4, 20092878CASE MANAGEMENT PLAN #55, this Order memorializes the rulings made during the status conference held on 10/29/09, see document as further set forth. (Signed by Judge Shira A. Scheindlin on 11/4/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
November 5, 20092879Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL OF CHEVRON CORPORATION ONLY, PURSUANT TO FRCP 41(a)(2), without prejudice, of all claims. The Parties agree to this dismissal, without prejudice, pursuant to the terms of a Stipulation entered into between Plaintiffs and Chevron Corporation on 10/29/09, and further agree that each party shall bear its own costs and attorneys' fees in these actions. Plaintiffs reserve all rights as against all other defendants including Chevron USA, Inc., which is not subject to this Order of Dismissal. (Signed by Judge Shira A. Scheindlin on 11/5/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
November 6, 20092880NOTICE of Withdrawal of Counsel. Document filed by Marathon Ashland Petroleum LLC. (Leifer, Steven)
November 10, 20092881TRANSCRIPT of proceedings held on 10/29/09 before Judge Shira A. Scheindlin. (ldi)
November 16, 20092882ENDORSED LETTER addressed to Judge Shira A. Scheindlin from James Pardo dated 11/12/09 re: Request that certain correspondence be made part of the Court Record for 04-3417. ENDORSEMENT: So ordered. (Signed by Judge Shira A. Scheindlin on 11/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
November 16, 20092883Court Opinion or Order ORDER DETERMINING SETTLEMENT IS A GOOD FAITH SETTLEMENT...the Court determines that there is no just cause for delay and expressly DIRECTS the ENTRY OF JUDGMENT on the issues of the determination that the Settlement Agreement dated as of 10/8/09 is a good faith settlement order applicable laws and that TSC is protected from joint torfeasor claims as set forth in this Order. (Signed by Judge Shira A. Scheindlin on 11/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
November 16, 2009 Transmission to Judgments and Orders Clerk. Transmitted re: (92 in 1:04-cv-04970-SAS, 2883 in 1:00-cv-01898-SAS-DCF) Order,, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
November 16, 20092884Court Opinion or Order ORDER DETERMINING THAT SETTLEMENT IS A GOOD FAITH SETTLEMENT...Pursuant to FRCP 54(b), the Court determines that there is no just cause for dealy and expressly DIRECTS the ENTRY OF JUDGMENT on the issue of determination that the Settlement Agreement dated as of 9/1/09 is a good faith settlement under applicable laws. (Signed by Judge Shira A. Scheindlin on 11/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(cd)
November 16, 20092885Court Opinion or Order OPINION AND ORDER #98243 for the reasons set forth above, defendants' motion to dismiss OCWD's common law claims is granted as to releases occurring prior to 5/6/00 where MTBE was detected in monitoring wells at levels at or above five ppb. Defendants' motion is denied as to the tree pre-5/6/00 releases where there were no MTBE detections in groundwater monitoring wells and detections below five ppb in production wells. Defendants' motion is also denied as to claims arising from the twelve releases where OCWD has created a genuine issue of material fact as to whether separate and distinct releases occurred after 5/6/00. The Clerk of the Court is directed to close this motion re: (35 in 1:04-cv-04968-SAS) MOTION for Summary Judgment, filed by BP West Coast LLC (Doe 3), Atlantic Richfield Company, Inc., BP Products North America, Inc. (Signed by Judge Shira A. Scheindlin on 11/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd) Modified on 11/18/2009 (eef).
November 21, 20092886RULE 54(B) CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated November 13, 2009, there is no just reason for delay, pursuant to Fed. R. Civ. 54(b), judgment is entered on the issue of the determination that the Settlement Agreement dated October 8, 2009 is a good faith settlement under applicable laws and that TSC is protected from joint tortfeasor claims as set forth in the Order dated November 13, 2009.. (Signed by J. Michael McMahon, CLERK on 11/21/09) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(ml)
November 21, 20092887RULE 54(B) CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated November 13, 2009, there is no just reason for delay, pursuant to Fed. R. Civ. 54(b), judgment is entered on the issue of the determination that the Settlement Agreement dated September 1, 2009 is a good faith settlement under applicable laws and that Settling Defendants are protected from joint tortfeasor claims as set forth in the Order dated November 13, 2009.. (Signed by J. Michael McMahon, CLERK on 11/21/09) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02053-SAS(ml)
November 23, 20092888TRANSCRIPT of proceedings held on 10/29/09 before Judge Shira A. Scheindlin. (cd)
December 1, 20092889Exhibit List First Supplement to Plaintiffs' Trial Exhibit List Regarding TSCA. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
December 2, 20092890Court Opinion or Order OPINION AND ORDER:#98313 For the aforementioned reasons, OCWD's motion for partial reconsideration is denied. The Clerk of the Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 12/2/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(jpo) Modified on 12/8/2009 (eef).
December 8, 20092891Court Opinion or Order ORDER APPROVING PETITION FOR APPROVAL OF SETTLEMENT FOR MINOR CHILDREN, that the Petition for Court Approval of Settlements for Minor Children identified in Exhibit "A" is hereby approved. (Signed by Judge Thomas P. Griesa on 12/8/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-03753-SAS(cd)
December 8, 20092892Court Opinion or Order OPINION AND ORDER,#98320 for the reasons set forth above, this action shall not be remanded to state court. (Signed by Judge Shira A. Scheindlin on 12/8/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-06306-SAS(cd) Modified on 12/10/2009 (eef).
December 11, 20092893CASE MANAGEMENT PLAN #56: Expert Discovery due by 11/12/2010(fact discovery due by 6/30/09), see document for other discovery deadlines. (Signed by Judge Shira A. Scheindlin on 12/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-09453-SAS(cd)
December 11, 20092894CASE MANAGEMENT PLAN 54A: Dispositive Motions and Motions In Limine regarding Trial Phasing due by 4/15/2010. Daubert Motions due 10 days after the close of each expert's deposition, see document for other deadlines. So ordered. (Signed by Judge Shira A. Scheindlin on 12/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS, 1:03-cv-10055-SAS(cd)
December 11, 20092895Court Opinion or Order ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FRCP 41 (A)(2) as to Defendant Fuel Star, Inc, with each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 12/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
December 15, 20092896LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 8/4/08 re: Plaintiffs respectfully submit this initial pre-trail conference letter in advance of the August 12, 2008 status conference re: (1) settlement of remaining MDL cases, (2) New Focus Cases. Document filed by Plaintiffs.(mro)
December 15, 20092897LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 8/7/08 re: Plaintiffs submit this reply pre-conference letter in advance of the August 12, 2009 status conference; reply to defendants' agenda items re: (1) preliminary discovery in Napoli Bern cases, (2) GBL claims in Napoli Bern cases and City of New York; Additional submission on plaintiffs' agenda item: (1) settlement of remaining cases and additionally (1) selection of Focus Wells in Suffolk County Water Authority relating to remaining defendants Getty Properties and Golf Oil Limited Partnership. Document filed by Plaintiffs.(mro)
December 15, 20092898LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 9/24/08 re: The City and defendants are continuing to discuss a trial date and pretrial schedule. The parties expect either to have a joint proposal to submit to the Court, or if they cannot agree, to seek the Court's assistance in establishing a schedule. Document filed by Plaintiffs.(mro)
December 15, 20092899LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 9/29/08 re: The parties continue to negotiate in advance of the conference; Defendants have not met and conferred with the District concerning the completion of the Bellwether Plume depositions, including any realistic timetable for completion of this discovery. The District suggests therefore that the parties be permitted to discuss the scope of work necessary to complete these depositions before any arbitrary deadline is set. Document filed by Plaintiffs.(mro)
December 15, 20092900LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 10/22/08 re: Plaintiffs and the ExxonMobil defendants are exchanging proposed new focus case selections on 12/27 and will report those selections to the Court at the conference. Document filed by Plaintiffs.(mro)
December 15, 20092901LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 10/27/08 re: Plaintiffs submit this reply pre conference letter in advance of the 10/30/08 status conference; The city has produced information that demonstrates a circumstantial correlation, including tap samples taken from complainants' homes that indicate detectable levels of MTBE. Thus, the defendants have enough information to conduct their own expert analysis and the City should not be required to conduct such an analysis to respond to defendants' fact interrogatories. Document filed by Plaintiffs.(mro)
December 15, 20092902LETTER addressed to Judge Shira A. Scheindlin from Susan E. Amron dated 11/26/08 re: At the Court conference on 10/30; the issue came up of the City of New York's assertion of privilege over documents concerning the City's planning for the future dependability of its water supply. The parties have agreed that the City will produce the disputed documents and the defendants will treat the documents as confidential, both without waiving their respective positions as to the City's assertion of privilege. Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092903LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 12/4/08 re: The parties in the New Jersey and Puerto Rico cases have engaged in an extensive meet and confer process following the last status conference, with the goal of producing proposed CMO's. The parties have reached agreement on several provisions for CMO's for these cases, but remain divided on other provisions; The City's motion to compel discovery of the Shell defendants is currently pending. Depending on when and how that motion is decided, the City may need to ask the Court for immediate assistance in assuring production of those documents as the cut off for fact discovery draws near. Document filed by Plaintiffs.(mro)
December 15, 20092904LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 12/8/08 re: Plaintiffs submit this reply letter in advance of the December 11 status conference; Both New Jersey and Puerto Rico have thousands of unique underground storage tanks sites. Some of the information on these sites is maintained in electronic format, but much more information is in extensive hard copy files; Throwing the discovery floodgates open for this massive volume of information at the inception of this case would delay resolution of the case and impose enormous burdens on the parties; The City has not yet decided which of its employees will testify and on precisely what topic and it is not required until April 2009. Any requirement that the City provide this information now would prejudice the City by forcing it to make binding decisions on trial strategy months in advance of when they would normally be required. Document filed by Plaintiffs. (Attachments: # 1 Exhibit)(mro)
December 15, 20092905LETTER addressed to Judge Shira A. Scheindlin from Susan E. Amron dated 12/16/08 re: At the conference on December 11, hte parties informed the Court that they had reached agreement on a proposed pre trial schedule in the City of New York's case. Enclosed herein is a proposed Case Management Order reflecting that agreed upon schedule. Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092906LETTER addressed to Judge Shira A. Scheindlin from Amanda C. Goad dated 1/7/09 re: City of NY respectfully submits this letter in order to seek Your Honor's assistance in resolving ongoing problems with the Shell Defendants' abuts of the privilege doctrine. Despite nearly two years of motion practice on the subject of Shell's privilege logs, Shell continues to assert improper privilege claims. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092907LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 1/8/09 re: Plaintiff City of NY seeks the Court's assistance in resolving ongoing problems with the Shell privilege log, which continue to impair the City's ability to prosecute fully its case against Shell defendants; The City is in the process of confirming with those defendants that have agreed to provide amended responses that will not delay completion of the City's expert rebuttal covering these pipeline issues. (mro)
December 15, 20092908LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 1/12/09 re: The City strongly disagrees with defendants' characterization of the last three months of discovery. The parties originally agreed to a discovery cutoff of December 19, 2008. In a last minute effort to squeeze in discovery, in mid November, defendants served the City with 22 new deposition notices or subpoenas. (mro)
December 15, 20092909LETTER addressed to Judge Shira A. Scheindlin from Scott Pasternack dated 1/14/09 re: I write in response to a letter from Peter Scripanti sent earlier today regarding an issue that arose during the Rule 30(b)(6) deposition of Donald Cohen that took place yesterday and today; The City strongly disagrees with defendants' claim that the City's objection at Mr. Cohen's deposition conflicted with a prior agreement with one of the City's attorneys. No such agreement existed. Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092910LETTER addressed to Judge Shira A. Scheindlin from Victor M. Sher dated 1/29/09 re: At our last status conference, Your Honor set a briefing schedule to address the potential implications of the bankruptcy petitions filed by Lyondell Chemical company and Equistar Chemicals LP. Your also charged me with coordinating plaintiffs' response on these issues; I have consulted with plaintiffs' counsel. In light of the position taken by these defendants, plaintiffs intend to take no further steps unless the Court directs otherwise. (mro)
December 15, 20092911LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 2/18/09 re: Pursuant to CMO Nos. 44 and 45, the parties have exchanged initial electronic information discovery responses and are meeting and conferring with respect to those responses and with respect to the next phase of discovery. (Attachments: # 1 Errata, # 2 Exhibit, # 3 Exhibit)(mro)
December 15, 20092912LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 2/23/09 re: Although both the City and defendants have accommodated each other's requests for additional time to submit various expert reports, in light of the extremely tight pre trial schedule agreed to by the parties and ordered by the Court, an extra three weeks for defendants' expert report on damages will unacceptably delay later deadlines. Document filed by Plaintiffs.(mro)
December 15, 20092913LETTER addressed to Judge Shira A. Scheindlin from Nicholas G. Campins dated 3/10/09 re: The City of New York writes to request the Court's assistance in resolving a discovery dispute regarding its obligations, if any,to further respond to 11 sets of unduly burdensome contention discovery served by defendants on 11/18/08 and 11/19/08, see Exhibits A1-A11, which the City responded to on 12/18/08 and 12/19/09, see Exhibits B1-B11. Document filed by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro) (Additional attachment(s) added on 12/15/2009: # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit) (mro).
December 15, 20092914LETTER addressed to Judge Shira A. Scheindlin from Susan E. Amron dated 3/13/09 re: I write in response to the 3/12/09 letter from Peter Sacripanti seeking a three week extension of the deadline for expert discovery. The City of New York agrees with defendants that the expert discovery schedule negotiated by the parties and ordered by the Court in CMO 47 provides a very short time period for the parties to depose experts. Because of the impending trial date, the City has been unwilling to agree to a wholesale extension of the expert discovery deadline.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092915LETTER addressed to Judge Shira A. Scheindlin from Nicholas G. Campins dated 3/13/09 re: The City of NY writes to inform the Court that a conference call on the matter of defendants' Contention Discovery may no longer be needed; The City regrets that the parties could not resolve this issue without inconveniencing the Court. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092916LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 3/25/09 re: Counsel for plaintiffs and defendants have agreed to a proposed schedule for further briefing on defendants' statute of limitations motion in OCWD, and will be prepared to discuss that proposal with the court at the status conference; For reasons listed herein, the City respectfully requests that the Court order defendants to withdraw the Motion and re-file it as a Motion in Limine. Document filed by Plaintiffs.(mro)
December 15, 20092917LETTER addressed to Judge Shira A. Scheindlin from Amanda Goad dated 3/26/09 re: In accordance with the direction of Your Honor provided at the 2/26/09 MDL status conference, attached is the City of New York's proposed order concerning the Shell defendants' waiver of privilege claims for certain categories of documents listed on their most recent privilege logs. Document filed by Plaintiffs.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro) Modified on 12/16/2009 (mro).
December 15, 20092918LETTER addressed to Judge Shira A. Scheindlin from Robin L. Greenwald dated 3/30/09 re: Plaintiffs and defendants have a fundamental disagreement related to the management of the massive amount of documents and data relevant to this litigation; The City requests that the Court overrule defendants' general objections and order defendants to serve any specific objections to such testimony by no later than April 9. Document filed by Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit)(mro)
December 15, 20092919LETTER addressed to Judge Shira A. Scheindlin from Daniel Greene dated 4/16/09 re: The City of NY submits this letter in response to defendants' 4/9/09 letter requesting that the Court strike the Rubuttal Report of David Terry; The City requests that defendants' motion to strike be denied. Document filed by City of NY. (Attachments: # 1 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092920LETTER addressed to Judge Shira A. Scheindlin from Susam Amron dated 5/12/09 re: Listed herein is a list of Motion in Limine Numbers 1-10. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092921LETTER addressed to Judge Shira A. Scheindlin from Victor M. Sher dated 5/14/09 re: ExxonMobil's May 7 proposal to "reverse bifurcate" trial by limiting a first phase to presentation of "damages" will lengthen not shorten this case; The Court should reject Exxon's proposal. Document filed by Plaintiffs.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092922LETTER addressed to Judge Shira A. Scheindlin from Susam Amron dated 5/15/09 re: Listed herein is a list of documents contained in the binder sent along with letter. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092923LETTER addressed to Judge Shira A. Scheindlin from Victor M. Sher dated 5/27/09 re: I write in anticipation of our trial planning conference tomorrow (May 28) to propose that the parties try the City's Station 6 claims in the first phase of the trial, while reserving trial of the other bellwether sites for later; I proposed this approach to counsel for ExxonMobil and Lyondell. I have not received a response as of this writing. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092924LETTER addressed to Judge Shira A. Scheindlin from Daniel Greene dated 6/1/09 re: The City of NY requests leave to file a motion to strike the Supplemental Expert Report of Defendant's Expert Thomas Maguire, dated June 1, 2009. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092925LETTER addressed to Judge Shira A. Scheindlin from Daniel Greene dated 6/3/09 re: City of NY briefly responds to ExxonMobil's response to the City's request for leave to file a motion to strike; When the City produces Mr. Terry's modeling files on 3/23, it was four days earlier than was required under the parties' agreement. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092926LETTER addressed to Judge Shira A. Scheindlin from Susam Amron dated 6/3/09 re: Listed herein is a list of MIL Reply Numbered 1-10 contained in the binder sent with this letter. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092927LETTER addressed to Judge Shira A. Scheindlin from Victor M. Sher dated 6/5/09 re: I received late yesterday a copy of Mr. Sacripanti's June 4 letter to Your Honor concerning the application of "Commingled Product" liability in this case. The City would appreciate a chance to respond briefly to several points. We anticipate submitting a letter on Monday, June 8. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092928LETTER addressed to Judge Shira A. Scheindlin from Victor M. Sher dated 6/8/09 re: The Court need not reopen fact or expert discovery to allow ExxonMobil to take exculpatory discovery that it should have taken whether liability is several or joint and several. ExxonMobil has always had the opportunity to attempt to implead third parties and bring contribution claims. And supplemental briefing on the availability of punitive damages is not warranted under these circumstances. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092929LETTER addressed to Judge Shira A. Scheindlin from Nicholas G. Campins dated 6/15/09 re: The City of NY writes to request the Court's assistance in resolving a dispute regarding its ability to call witnesses at trial via "contemporaneous transmission" from remote locations. Document filed by City of NY. (Attachments: # 1 Exhibit, # 2 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092930LETTER addressed to Judge Shira A. Scheindlin from Susam Amron dated 6/16/09 re: Listed herein is a list of what is included in the 3 binders sent along with this letter. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092931LETTER addressed to Judge Shira A. Scheindlin from Victor M. Sher dated 6/17/09 re: The Burden of apportionment rests with ExxonMobil in any event, but the operation of that burden at trial will depend on how this Court answers the question of whether liability under the commingled product theory, for a significant contributor to the City's injury, is several-only or joint and several. For the reasons listed herein, ExxonMobil's liability under the commingled product theory is properly joint and several, and ExxonMobil bears the burdens of exculpation, appointment, and offset. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092932LETTER addressed to Judge Shira A. Scheindlin from Susam Amron dated 6/24/09 re: I write in response to Peter Scaripanti's 6/23/09 letter concerning the City of NY's identification of Douglas Greeley, Kathryn Garcia and Angela Licata as possible witnesses on Phase I of the trial and the City's production of certain budget documents to ExxonMobil; ExxonMobil has had almost five years to take discovery of the City and depose City witnesses. It should not be allowed to complain about the City's designation as potential witnesses of three employees whom ExxonMobil knew about, and for whatever reason, decided not to deposed during those five years. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092933LETTER addressed to Judge Shira A. Scheindlin from William Plache dated 6/24/09 re: I write in response to the June 23, 2009 letter from Peter Sacripanti to Your Honor raising the question as to whether the City of NY is the proper party in this case. As listed herein, the answer is clearly yes. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092934LETTER addressed to Judge Shira A. Scheindlin from Susan Amron dated 6/26/09 re: Accompanying this letter are three binders with the approximately 123 documents for which ExxonMobil is challenging the City's assertion of the deliberative process privilege, and lone disk containing those documents that are excel spreadsheets and that because of their size, cannot be easily printed. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092935LETTER addressed to Judge Shira A. Scheindlin from Susan Amron dated 6/27/09 re: During the discussion at the court conference on Thursday concerning the jury question at the end of Phase I of the trial, the City argued that it should not be required to prove that it would otherwise have funds to construct Station 6 and noted that the previous discussions concerning the 15 year time period to construct Station6 assumed that the funds would be available. The pages from the transcript of the 6/2/09 conference where the parties and Court discussed Phase I question and the availability of funds in the City's budget are attached as exhibit A. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092936LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 6/29/09 re: The City of New York writes in advance of the 7/3 conference to request the Court's assistance with several pressing pretrial matters; In light of the short time between now and trial, the City requests that the Court impose deadlines related to deposition designations and potential motions to quash subpoenas, so that these matters will be resolved expeditiously. The City also seeks the Court's guidance regarding the parties' objections to trial exhibits. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092937LETTER addressed to Judge Shira A. Scheindlin from William Plache dated 6/29/09 re: The City intends to submit a comparable declaration from the NYC Municipal Water Finance Authority. The two people best suited to speak for the Finance Authority on the relevant issues, however, have been out of the office, and will not return until tomorrow. The City requests that it be permitted to submit the declaration from the Finance Authority tomorrow. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092938LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 6/30/09 re: Plaintiff writes in response to ExxonMobil's June 29 letter to the Court regarding the impact of the City's request to dismiss its civil conspiracy on the City's Phase 3 witness list; While dismissing the civil conspiracy claim may eliminate the need for a few witnesses associated with the settling defendants, it does not eliminate the need for most; ExxonMobil's count of 46 individuals, the City counts 37 individuals (not including custodians of record). Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092939LETTER addressed to Judge Shira A. Scheindlin from William Plache dated 6/30/09 re: As request at the 6/25/09 conference, enclosed is a declaration on behalf of the NYC Municipal Water Finance Authority. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092940LETTER addressed to Judge Shira A. Scheindlin from William Plache dated 7/1/09 re: I write in response to Mr. Sacripanti's letter of today in which ExxonMobil continues to claim that the NYC water board and NYC Municipal Water Finance Authority are the real parties in interest to this litigation; As demonstrated in the City's June 24, 2009 letter to the Court, and in the Moncure and Anders declarations, the Finance Authority and the Water Board have no direct interest in this litigation, and are not proper parties. The City is the only proper plaintiff. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092941LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 7/13/09 re: The City writes in response to ExxonMobil's 6/30 letter proposing a separate trial phase on its statute of limitations defense and Exxon's 7/7 amendment of its Phase 1 Witness list adding 35 new witnesses; The Court should reject Exxon's proposal for an "Interim" statute of limitations phase and its amended Phase 1 witness list should be rejected. Document filed by City of NY. (Attachments: # 1 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092942LETTER (in the form of an email) addressed to Seth from Stephen J. Riccardulli dated 7/13/09 re: Attached is a stipulation that the parties executed today. We'll file the original with the Court. Document filed by City of NY.(mro)
December 15, 20092943LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 7/31/09 re: I write concerning 3 matters relating to the Court's preliminary instructions. First, we believe the Court's preliminary remarks to the jury should clarify the relationship among the three Exxon Mobil defendants, as well as between heritage Exxon, heritage Mobil, and Exxon Mobil; Second, we suggest that Your Honor add the following preliminary instruction concerning the bellwether nature of this trial; Finally, Your Honor has said you would give a preliminary instruction concerning entities not present in the courtroom whose conduct may bear on MTBE-related issues. Document filed by City of NY.(mro)
December 15, 20092944LETTER addressed to Judge Shira A. Scheindlin from Amanda Goad dated 8/5/09 re: I write to object to a recent decision by Special Master Hedges concerning the admissibility of certain reports reports prepared by Toxics Targeting, Inc. As a preliminary note, this issue does not impact trial phase I, as the City seeks to introduce this evidence during Phase II. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092945LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 8/9/09 re: We write concering the structure of Phase 3; The City's proposed structure, listed herein, allows the parties to efficiently present their evidence without repetition or the risk of inconsistent verdicts and provides several opportunities for the jury to provide the parties with interim guidance. Moreover, the proposed structure will provide guidance to other parties in the MDL concerning these issues in a clear and efficient manner. Document filed by City of NY. (Attachments: # 1 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092946LETTER addressed to Judge Shira A. Scheindlin from Nicholas G. Campins dated 8/20/09 re: The City writes to address the following legal issues raised at yesterday's conference Phase 3: treatment of the contamination below the MCL, relevance of ExxonMobil's statutory violations to the City's public nuisance claim, whether ExxonMobil had notice of the City's negligence-related claim that ExxonMobil failed to use reasonable care by failing to ensure that station owners and others properly stored or dispensed gasoline containing MTBE and ExxonMobil's duty to warn water providers and others about the dangers of gasoline containing MTBE. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092947LETTER addressed to Judge Shira A. Scheindlin from Nicholas G. Campins dated 9/2/09 re: The City writes to address the issue of whether the 7/11/00 deposition of Mr. Larkins may be played in advance of the deposition of the 3/6/08 Mr. Larkins in MDL 1358. As an initial matter, the City notes that it has looked into the issue of whether the Tahoe Deposition was a so called person Motion Knowledgeable deposition and it was not. ExxonMobil is correct on that point. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092948LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/5/09 re: Plaintiff City of NY would like to play selected portions of the September 12, 2000 deposition of Mr. George S. Dominguez during the week of trial starting on September 8. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092949LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/5/09 re: For the reasons listed herein, the City requests that the Court clarify that its prior ruling on the City's motion in limine to excluded evidence or argument that federal agencies endorsed or approved of the used of MTBE in gasoline applies equally to evidence or argument that any organ of the federal government, in administrative or legislative capacity, endorse or approved the use of MTBE in gasoline. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092950LETTER addressed to Judge Shira A. Scheindlin from Nicholas Campins dated 9/6/09 re: The City requests that hte Court issue a curative instruction in response to the testimony by Mr. Dugan concerning the Petroleum Marketing Practices Act listed herein. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092951LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/9/09 re: The City moves to strike the expert testimony of Exxon's witness Dr. Sandra Mohr as unreliable, unsupported by scientific evidence, and beyond the scope of her expert report and deposition. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro) (mro).
December 15, 20092952LETTER addressed to Judge Shira A. Scheindlin from Robert s. Chapman dated 9/11/09 re: As we mentioned to counsel for ExxonMobil last week and as recently as yesturday, the City believes that there are limitationis on the statute of limitations evidence given the stipulation of the parties in the joint pretrial order concerning the dates and levels of MTBE detections in the City's wells. Only two of the wells had detections outside the statute of limitations period, as set forth in paragraphs 102, 105, 108, 111, 112, and 119 of the June 26, 2009 stipulation. Document filed by City of NY. Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092953LETTER addressed to Judge Shira A. Scheindlin from Robert s. Chapman dated 9/12/09 re: As we discussed in Court this past Thursday and Friday, the City moves to exclude Dr. Robert Biles as a witness for Exxon. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092954LETTER addressed to Judge Shira A. Scheindlin from Robert S Chapman dated 9/14/09 re: Exxon misapprehends the City's motion. Dr. Mohr's testimony should be excluded not because her opinions conflict with those of the City's toxicological experts, but because they lack foundation in the scientific evidence. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092955LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/7/09 re: I write concerning three related issues related to the damages phase of the trial; First, the City request permission to submit a supplemental report from City's treatment and damage report; Second, we ask Your Honor to clarify that Exxon bears the burden of proving that the City's injury is divisible and if divisible, the cost of removing other pre-existing contaminants from the groundwater; Finally, we wish to bring to Your Honor's attention to an error of law bearing on this Court's July 22, 2009 ruling from the bench denying City's motion in limine No. 8. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092956LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/9/09 re: I write in response to Exxon's letter concerning the City's request to submit a supplemental report from the City's treatment and damage expert; Exxon should not be allowed to ambush the City with an undisclosed, expert opinion in its direct case. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092957LETTER addressed to Judge Shira A. Scheindlin from Victor Sher and Robert Chapman dated 9/15/09 re: The City request that ExxonMobil's motion to strike Dr. Whitelaw's testimony be denied. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092958LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/18/09 re: The City's treatment and damage expert, Marnie Bell, does exactly what City represented she would do in her supplemental expert report; Exxon's motion to strike that report should be denied. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092959LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/21/09 re: Request for clarification; Exxon may be deemed to have caused the City's harm in its role as a manufacturer under the commingled product theory, it also caused harm by distributing that product to the location and time the harm occurred. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092960LETTER addressed to Judge Shira A. Scheindlin from Robert S Chapman dated 9/23/09 re: We believe that under the factual circumstances presented here, the jury should not be permitted to consider the alleged contributory fault of the City as a defense or offset to its products liability claims. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092961LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/30/09 re: There is substantial record evidence that ExxonMobil exercised control over lessee dealer stations (questions and answers listed herein). Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092962LETTER addressed to Judge Shira A. Scheindlin from Robert S Chapman dated 10/1/09 re: The City requests that questions No. 14 of Interrogatory Sheet for Phase III be limited to Sunoco and Chevron and that ExxonMobil be prohibited from arguing that part of the fault for the City's injury is attributable to any of the settling defendants other than Sunoco and Chevron. Document filed by City of NY. (Attachments: # Exhibit, # Exhibit, # Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro) (mro).
December 15, 20092963LETTER addressed to Judge Shira A. Scheindlin from Robert S Chapman dated 10/1/09 re: In court today, you requested that the City provide examples of trial testimony supporting a link between public health and treating MTBE in drinking water. On August 4, 2009, counsel for ExxonMobil introduced into evidence D-2919, which included the mission statement (listed herein)of the City Department of Environmental protection. Document filed by City of NY. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092964LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/6/09 re: The City accepts the Court's proposed Statute of Limitations charge in its entirety, and proposes the addition to the jury instruction (listed herein) of Injury in light of Mr. Bongiorno's and Mr. Stack's closing remarks on Friday. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092965LETTER addressed to Judge Shira A. Scheindlin from Robert S Chapman dated 10/6/09 re: The City objects to the inclusion of the following sentence in the first paragraph of the Court's revised statute of limitations jury charge (listed herein). Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092966LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/6/09 re: This responds to Mr. Sacripanti's letter of this evening. The City's closing argument provides no basis revisiting the Court's consistent rulings holding inadmissible City consent decrees; Finally, the City did not improperly suggest that the jury should punish ExxonMobil and the Court's existing instruction already makes clear that the jury's task in this Phase extends only to compensatory damages. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092967LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/8/09 re: This letter follows up on your questions of yesterday concerning the City's intended additional proof to support an award of punitive damages, assuming the jury returns a favorable verdict in Phase III; We intend to present, inter alia, the following evidence, listed herein, of Exxon's conscious disregard of MTBE's hazards and potential to cause harm and conscious indifference and utter disregard of MTBE's effect upon the health, safety, and rights of others. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro) (Additional attachment(s) added on 12/18/2009: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit) (mro).
December 15, 20092968LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/9/09 re: I write to respond Your Honor's comment at yesterday's hearing that the City's letter proffering evidence to support punitive damages was "downright misleading." Document filed by City of NY. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092969LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/12/09 re: In response to your request for citations to evidence admitted in Phase III that would support a finding that ExxonMobil's conduct that resulted in injury to the City was either malicious or wanton and reckless and the City submits the attached indices to Phase III testimony, organized by date, page and line, and witness name, and to Phase III documents. Document filed by City of NY. (Attachments: # 1 Exhibit, # 2 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092970LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/14/09 re: The City reserves the right to supplement the evidence described above with other evidence in the record, including evidence entered during Phase II, evidence has not yet been entered, and evidence cited in its previous letters to the Court. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092971LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/15/09 re: The Court's ruling of October 14, 2009 failed to address certain applicable law and facts in the record from which a reasonable jury could conclude that ExxonMobil acted with conscious indifference and utter disregard of its effect upon the health, safety and rights of others. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 20092972LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 11/3/09 re: The City proposes to present its case in chief support of its claim under the Toxic Substances Control Act and perhaps the entire trial by written submissions pursuant to FRCP 52. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 21, 20092973Court Opinion or Order PRETRIAL ORDER #49-A (Ruling After In Camera Review of Certain Documents on Plaintiff's Privilege Log)....However, only part of one of the e-mail from James Bruya dated 5/6/09 to Tracey O'Reilly. Production shall take place no later than 12/18/09. The balance of the documents on plaintiff's privilege log (five other e-mails or e-mail chains) are not relevant to Friedman & Bruya's testing results or to the evaluation thereof and are therefore not discoverable. (Signed by Judge Shira A. Scheindlin on 12/21/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
December 21, 20092974Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST LYONDELL CHEMICAL CO. AND EQUISTAR CHEMICALS, LP re all claims against Lyondell Chemical and Equistar Chemicals, LP as set forth in the Plaintiffs' Fourth Amended Complaint, filed on 3/9/07, with prejudice. (Signed by Judge Shira A. Scheindlin on 12/21/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
December 22, 20092975Court Opinion or Order ORDER...Accordingly, the Clerk of Court is directed to close this motion (04-3417, Docket No. 477; 00-1898, docket No. 2851. (Signed by Judge Shira A. Scheindlin on 12/22/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
December 22, 20092976Joint MOTION for Voluntary Dismissal Without Prejudice pursuant to FRCP 41(a)(2), filed by plaintiffs and Santa Energy Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS, 1:04-cv-01719-SAS, 1:04-cv-01720-SAS, 1:04-cv-01721-SAS(cd)
December 23, 20092977FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Judgment Plaintif City of New York's Notice of Motion and Motion for Entry of Judgement Pursuant to Fed. R. CIV. P. Rule 54(b). Document filed by City of NY.(Sher, Victor) Modified on 12/28/2009 (jar).
December 23, 20092979Court Opinion or Order PRETRIAL ORDER #50 (Motion by Defendants for Discovery of Certain Documents Listed on Plaintiff's Privilege Log). The documents directed to be produced by plaintiff to defendant in unredacted form no later than 12/22/09. So ordered. (Signed by Judge Shira A. Scheindlin on 12/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS(cd)
December 28, 20092982Court Opinion or Order ORDER granting (94) Motion to Dismiss in case 1:04-cv-01718-SAS; granting (100) Motion to Dismiss in case 1:04-cv-01719-SAS; granting (103) Motion to Dismiss in case 1:04-cv-01720-SAS; granting (99) Motion to Dismiss in case 1:04-cv-01721-SAS; granting (2976) Motion to Dismiss in case 1:00-cv-01898-SAS-DCF. Defendant Santa Energy Corporation is dismissed without prejudice, with each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 12/28/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS, 1:04-cv-01719-SAS, 1:04-cv-01720-SAS, 1:04-cv-01721-SAS(cd) (Additional attachment(s) added on 12/29/2009: # 1 Supplement) (cd).
December 30, 20092983NOTICE OF APPEARANCE by Anthony A. Orlandi on behalf of Kinder Morgan Energy Partners, L.P., SFPP, L.P. (Orlandi, Anthony)
December 30, 20092984MOTION for Attorney Fees. Document filed by State of New Mexico. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit B, # 4 Proposed Order)(Burke, Carla)
January 4, 20102985Court Opinion or Order ORDER GRANTING PETITION FOR ATTORNEYS' FEES in case 1:06-cv-05496-SAS; granting (2984) Motion for Attorney Fees in case 1:00-cv-01898-SAS-DCF. An attorneys fee percentage of 25% of the cash recovery of $331,990.37 be awarded to Baron & Budd P.C., Weitz & Luxenberg, PC, and Sher Leff LLP. That the final allocation costs and expenses of $199.01 be paid to Baron & Budd PC, Weitz & Luxenberg, P.C. and Sher Leff LLP. (Signed by Judge Shira A. Scheindlin on 12/31/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-05496-SAS(cd)
January 4, 20102986Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT, Rosemore Inc. answer due 3/1/2010; Rosemore, Inc. answer due 3/1/2010. (Signed by Judge Shira A. Scheindlin on 1/4/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
January 7, 20102987Court Opinion or Order CASE MANAGEMENT ORDER #56: Expert Discovery due by 9/12/2010, see document for other deadlines. (Signed by Judge Shira A. Scheindlin on 1/6/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03739-SAS(cd)
January 7, 20102988Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT, the time to answer or otherwise respond to the Complaint is hereby extended to and including 3/1/10 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 1/6/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
January 11, 20102989FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) all parties. Document filed by O.K. Petroleum Distribution Corp., O.K. Petroleum International, Ltd.. (Rothberg, Debra) Modified on 1/12/2010 (dt).
January 12, 2010 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Debra Rothberg for noncompliance with Section (18.4) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 2989 Notice of Voluntary Dismissal, to: judgments@nysd.uscourts.gov. (dt)
January 13, 20102993TRANSCRIPT of proceedings held on 1/7/10 before Judge Shira A. Scheindlin. (cd)
January 14, 20102990Court Opinion or Order CASE MANAGEMENT ORDER #57: 1. Village ofHempstead and West Hempstead: A. A conference is scheduled for February 10, 2010 at lOAM to discuss preparation for the West Hempstead trial scheduled to begin on June 21, 2010. This conference may be converted to an "all cases" status conference if the parties identify a sufficient number of issues that should be decided by the Court.B. Plaintiffs are directed to supply defendants with the "Village of Hempstead spill documents" requested by defendants. If defendants are not satisfied with the documents produced, they may identify what documents they believe are missing to Special Master Warner. C. Plaintiffs are directed to supply defendants with the Bates numbers ofthe "West Hempstead Analyte Data and Laboratory Procedures" documents requested by defendants. 2. New Jersey:A. Plaintiffs are directed to produce the "Oracle" database in native format. If the parties cannot resolve the other electronic discovery disputes in this case, including whether portions of the "Oracle" database should be redacted, with ten (10) days, these disputes are referred to Special Master Warner.B. Plaintiffs are directed to produce the non-site-specific discovery requested by defendants. If plaintiffs object to any of these requests as being overbroad, the matter is referred to Special Master Warner. C. Plaintiffs are directed to produce a list of sites for which they have not identified specific MTBE release points. If defendants, with plaintiffs' direction, are unable to extract the other sites at issue in this case - i.e., those sites where specific lVITBE release points have been identified - from the databases already produced by plaintiffs, the parties are directed to meet with Special Master Warner to determine how to proceed with extracting a list ofMTBE release sites. D. The parties are directed to meet and confer to discuss ajoint proposedcase management order for the selection of focus sites. If the parties cannot agree upon ajoint proposal, they shall submit individual proposed case management orders. The parties shall not limit the selection of focus sites to a single county or geographic region and shall not use a "strike" process in selecting focus sites. In addition, the parties shall not sequence the proposal of focus sites between parties, but shall propose focus sites in two waves - e.g., both parties will propose eight (8) sites on one date and then both parties will propose four (4) additional sites on a later date. The parties mayselect a larger number of focus sites for discovery than for trial. The number of discovery sites shall be no greater than fifty (50), and the number of trial sites shall be no greater than twenty (20). E. Defendants shall be given limited discovery on the entire set of sites at issue in this case. The discovery should be aimed at providing defendants with the information needed to select focus sites for trial. The parties shall meet with Special Master Warner to determine the scope of this limited discovery. F. Plaintiffs are directed to provide short interrogatories to defendants requesting information regarding the refineries from which each defendant has shipped gasoline products into the State ofNew Jersey, the terminals that each defendant has used in doing so, the stations that each defendant owned in New Jersey, the underground storagetanks used at those stations, and the periods of time during whichdefendants had ownership of each one of those stations. Each defendant shall answer these interrogatories separately and retains the right to make objections as appropriate. F. The time for asserting third party claims is stayed. A deadline for asserting third party claims relating to focus sites will be set after those sites are chosen. As to all other sites, the time for asserting third party claims is stayed indefinitely. 2. Puerto Rico: A. Plaintiffs are directed to produce a list of sites for which they have notidentified specific MTBE release points. If defendants, with plaintiffs' direction, are unable to extract the other sites at issue in this case - i.e., those sites where specific MTBE release points have been identified - from the databases already produced by plaintiffs, the parties are directed to meet with Special Master Wan1er to determine how to proceed with extracting a list of MTBE release sites. B. The parties shall inform the Court of their progress following the parties' scheduled visit to Puerto Rico on January 14 and 15.C. The parties are directed to be ready to discuss the process of choosing focus sites for trial by the next status conference. The parties shouldlook to the Court's rulings in the New Jersty case for guidance on how to proceed with discovery and the selection of focus sites. 3. Exxon Mobil shall be permitted to take de bene esse fact depositions of Mr. Robert Reynolds, Mr. Robert Scala, and Mr. Sullivan D. Curran. Mr. Reynolds is already scheduled to be deposed in the Napoli Bern cases. Unless that deposition is cancelled, Exxon Mobil shall be permitted to take its deposition of Mr. Reynolds following the deposition relating to the Napoli Bern cases. 4. In the Napoli Bern cases, the defendants are directed to inform plaintiffs by January 11, 2010 which scheduled expert depositions, if any, they are waiving. 5. Tampa Bay Water, City ofCrystal River, City ofInverness Water District, and City of Homosassa: Plaintiffs are directed, no later than January 15, 2010, to serve interrogatories and/or document requests on Gulf Oil Limited Partnership ("GOLP") in anticipation of GOLP filing a motion for summary judgment in these cases. Defendants shall either respond to these requests or explain to Special Master Warner why the requested documents do not exist. After any such issues are settled, GOLP shall submit a proposed schedule for briefing its summary judgment motion. 6. Riverhead Water District case: Plaintiff is directed to amend its interrogatory responses as directed at the status conference by January 20, 2010. 7. Town ofSouthampton: Plaintiff was directed to amend its interrogatory responses by January 8, 2010. 8. Orange County Water District: the parties are directed to select the ten (10) focus plumes that will be used for trial. The parties shall exchange their lists of five (5) focus plumes by January 15, 2010. The parties are directed to complete fact discovery by the end of August, and to submit a proposed expert discovery schedule for approval by the Court. Status Conference set for 2/10/2010 at 10:00 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 1/14/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(db)
January 14, 20102992Court Opinion or Order AGREED ORDER OF DISMISSAL OF GETTY PETROLEUM MARKETING INC. AND LUKOIL AMERICASCORP.: Pursuant to Rule 41(a)(1) of the FRCP, This action is dismissed without prejudice as against defendants Getty Petroleum Marketing, Inc. and Lukoil Americas Corp, with each party to bear its own costs as further set forth in said Order. (Signed by Judge Shira A. Scheindlin on 1/14/10) (db) Modified on 1/15/2010 (db).
January 19, 20102994Court Opinion or Order CASE MANAGEMENT ORDER #58: This Order memorializes the rulings made during the status conference held on 1/15/10. With respect to Suffolk County Water Authority data set, Getty Properties is directed to identify, no later than 2/16/10, all Getty Properties owned stations within 2 miles of the wells that are in issue....Getty Properties may re-serve its formal discover requests on plaintiffs. Plaintiffs shall then have 20 days to respond. (Signed by Judge Shira A. Scheindlin on 1/16/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(cd)
January 25, 20102995Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE UNDER FRCP 41, re plaintiff and the settling defendants, Toms Sierra Company, Inc and Sierra Energy, LLC with prejudice. The parties to this Stipulation, consent to the dismissal of this action as to Settling Defendants only, including all claims and counterclaims, with prejudice. Each party shall bear its own cost and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 1/25/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
February 2, 20102997NOTICE of Withdrawal. Document filed by ConocoPhillips Company. (Attachments: # 1 Attachment)(Kraus, Alan)
February 2, 20102998Court Opinion or Order ORDER AMENDING COMPLAINT TO ADD WORTMANN OIL COMPANY, INC., AS A DEFENDANT: Wortmann Oil Company, Inc., shall, and hereby is, added as a defendant in the above referenced case. Wortmann Oil Company, Inc., is added as an Owner/Operator Defendant as described in the Complaint, and is substituted for Defendant DOE 251 in that Complaint. Wortmann Oil Company, Inc. added. (Signed by Judge Shira A. Scheindlin on 2/2/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-09453-SAS(db)
February 9, 20102999MOTION to Dismiss Pursuant to FRCP 41(a)(2). Document filed by Ecambia County Utilites Authority. (Attachments: # 1 Text of Proposed Order Granting Dismissal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01722-SAS(Summy, Paul)
February 9, 20103000MOTION to Dismiss Pursuant to FRCP 41(a)(2). Document filed by Patrick County School Board, Buchanan County School Board. (Attachments: # 1 Text of Proposed Order Granting Dismissal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02070-SAS, 1:04-cv-03418-SAS(Summy, Paul)
February 9, 20103001REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) Navajo Refining Company. Document filed by Navajo Refining Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-05496-SAS(Jacobs, Ethan) Modified on 2/11/2010 (dt).
February 11, 2010 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Ethan Jacobs Document 3001 Notice of Voluntary Dismissal, was referred to Judge Shira A. Scheindlin for approval. (dt)
February 11, 20103003NOTICE OF RULE 41(a)(1)(i) DISMISSAL OF NAVAJO REFINING COMPANY, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed with prejudice against the defendant Navajo Refining Company, with each party to bear its own costs. Plaintiff reserves all other rights as against all other remaining defendants. (Signed by Judge Shira A. Scheindlin on 2/11/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:06-cv-05496-SAS(cd)
February 18, 20103004Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP, pursuant to FRCP 41(a)(2) without prejudice, with each party bearing its own costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 2/18/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-06554-SAS(cd)
February 18, 20103005Court Opinion or Order ORDER granting (80) Motion to Dismiss in case 1:04-cv-02070-SAS; granting (88) Motion to Dismiss in case 1:04-cv-03418-SAS; granting (3000) Motion to Dismiss in case 1:00-cv-01898-SAS-DCF as to Defendants Parker Oil Company and Parker Holding Company, Inc., with each party to bear its own costs.. (Signed by Judge Shira A. Scheindlin on 2/18/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02070-SAS, 1:04-cv-03418-SAS(cd)
February 18, 20103006Court Opinion or Order ORDER granting (71) Motion to Dismiss in case 1:04-cv-01722-SAS; granting (2999) Motion to Dismiss in case 1:00-cv-01898-SAS-DCF, without prejudice as to defendant Central Florida Pipeline Corp, with each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 2/18/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01722-SAS(cd)
February 23, 20103007Court Opinion or Order STIPULATED ORDER OF DISMISSAL AS TO DEFENDANT O.K. Petroleum Distribution Corp and O.K. Petroleum International, Ltd pursuant to FRCP 41(a)(2) without prejudice to re-file in state court as set forth below, and with each party agreeing to bear its own attorney fees and costs, predicated on the following stipulated points, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 2/22/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS(cd)
February 26, 20103008JOINT MOTION to Dismiss. Document filed by Town of Hartland. (Attachments: # 1 Proposed Order)(Summy, Paul)
March 1, 20103009CASE MANAGEMENT PLAN #59: All pretrial deadlines set forth in prior Case Management Orders for these matters are hereby extended for 30 days for all Defendants except for the following companies and related entities: Getty Properties Corp, LeeMilts Petroleum Inc, CP Service Station Operating Corp, Tartan Oil Corp, and Bartco corp. All pretrial deadlines set forth in prior Case Management Orders for these matters are hereby extended for 14 days for Getty Properties Corp, LeeMilts Petroleum Inc, CP Service Station Operating Corp, Tartan Oil Corp, and Bartco Corporation. (Signed by Judge Shira A. Scheindlin on 2/26/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS, 1:03-cv-10055-SAS, 1:08-cv-04290-SAS(cd)
March 3, 20103010JOINT MOTION to Dismiss. Document filed by Craftsbury Fire District # 2. (Attachments: # 1 Proposed Order)(Evangelisti, Celeste)
March 3, 20103012Court Opinion or Order ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FRCP 41(A)(2) in case 1:04-cv-02072-SAS; granting (3008) Motion to Dismiss in case 1:00-cv-01898-SAS-DCF, with each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 3/2/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02072-SAS(cd)
March 4, 20103011Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC, TO ANSWER OR OTHERWISE RESPOND TO COMPLAIN, Rosemore Inc. answer due 6/1/2010. (Signed by Judge Shira A. Scheindlin on 3/2/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
March 8, 20103013Court Opinion or Order ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(2): The Court hereby grants the motion and dismisses without prejudice plaintiff's action as to defendants Bradford Oil Co., Inc., D&C Transportation, Inc. and Fred's Plumbing & Heating Inc. with each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 3/8/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03419-SAS(dle)
March 8, 20103015Court Opinion or Order ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(2): The Court, having considered Plaintiff Craftsbury Fire District #2 and Defendants Bradford Oil Co., Inc., D&C Transportation, Inc. and Fred's Plumbing & Heating Inc.'s Joint Motion for Voluntary Dismissal Without Prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, it hereby grants the motion and dismisses without prejudice Plaintiffs action as to Defendants Bradford Oil Co., Inc., D&C Transportation, Inc. and Fred's Plumbing & Heating Inc. with each party to bear its own costs. (Signed by Judge Shira A. Scheindlin on 3/8/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03419-SAS(db)
March 8, 2010 ***DELETED DOCUMENT. Deleted document number 3014 order. The document was incorrectly filed in this case. (cd)
March 10, 20103016TRANSCRIPT of proceedings held on 2/22/10 before Judge Shira A. Scheindlin. (cd)
March 10, 20103017TRANSCRIPT of proceedings held on 3/4/10 before Judge Shira A. Scheindlin. (cd)
March 11, 20103018Court Opinion or Order CASE MANAGEMENT ORDER #60: re rulings made at the 3/4/10 status conference, see document for various deadlines..... In Incorporated Village of Mineola, West Hempstead Water District, Carle Place Water District, Town of Southhampton, Village of Hempstead, Town of East Hampton, Westbury Water District: Amended Pleadings due by 4/1/2010. Motion for summary judgment by defendant Barco in the West Hempstead case, due by 4/15/2010. Responses due by 5/13/2010 Replies due by 5/27/2010. Discovery due by 10/1/2010. All-cases Status Conference set for 4/14/2010 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 3/9/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 22, 20103019FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMETN (Stipulation) - RESPONSE to Motion re: (569 in 1:04-cv-03417-SAS, 2980 in 1:00-cv-01898-SAS-DCF) MOTION for Judgment. STIPULATION AND [PROPOSED] ORDER WITHDRAWING PLAINTIFFS MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 54(b). Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor) Modified on 3/23/2010 (jar).
March 22, 20103020FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) Exxon Mobil Oil Corporation. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor) Modified on 3/23/2010 (dt).
March 22, 20103021JOINT MOTION for Entry of Judgment under Rule 54(b) PLAINTIFF CITY OF NEW YORKS AND DEFENDANT EXXONMOBILS NOTICE OF JOINT MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 54(b). Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
March 22, 20103022JOINT MEMORANDUM OF LAW in Support re: (3021 in 1:00-cv-01898-SAS-DCF, 583 in 1:04-cv-03417-SAS) JOINT MOTION for Entry of Judgment under Rule 54(b) PLAINTIFF CITY OF NEW YORKS AND DEFENDANT EXXONMOBILS NOTICE OF JOINT MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 54(b).JOINT MOTION for Entry of Judgment under Rule 54(b) PLAINTIFF CITY OF NEW YORKS AND DEFENDANT EXXONMOBILS NOTICE OF JOINT MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 54(b). MEMORANDUM IN SUPPORT OF JOINT MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 54(b). Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
March 22, 2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Victor Sher to E-MAIL Document No. (3019) Stipulation and Proposed Order to judgments@nysd.uscourts.gov. This document is not filed via ECF. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jar)
March 23, 2010 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Victor Sher for noncompliance with Section (18.4) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 3020 Notice of Voluntary Dismissal, to: judgments@nysd.uscourts.gov. (dt)
March 24, 20103023Court Opinion or Order CASE MANAGEMENT ORDER No.61: Amended Pleadings (defendants amended master answer) due by 4/1/2010. Impleader-All third Parties to be Served by 7/2/10. Final Dispositive Motions due by 11/19/2010, see document for other motion deadlines. Discovery due by 10/1/2010, see document for other discovery deadlines. Case Management Conference set for 8/9/2010 at 04:30 PM before Judge Shira A. Scheindlin. Pretrial Conference set for 11/8/2010 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 3/23/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 24, 20103024Court Opinion or Order ORDER ADMITTING ATTORNEY Randy K. Vogel PRO HAC VICE for defendant Wortmann Oil Company. (Signed by Judge Shira A. Scheindlin on 3/24/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-09453-SAS(cd)
March 24, 20103025Court Opinion or Order ORDER ADMITTING ATTORNEY David T. Ritter PRO HAC VICE for all plaintiffs. (Signed by Judge Shira A. Scheindlin on 3/24/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 24, 2010 ***DELETED DOCUMENT. Deleted document number 3026 Case Management Order #62. The document was incorrectly filed in this case, deleted as per chambers. (cd)
March 25, 20103026Court Opinion or Order STIPULATION AND ORDER WITHDRAWING PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FRCP 54(b), the City's Motion for Entry of Judgment Pursuant to FRCP 54(b) is withdrawn. The Clerk is directed to remove from the docket the motion and related filings (04 cv 3417), Docket Nos. 568, 569, 570, 573, 574, and 575; 00 cv 1898, Docket Nos. 2877, 2978, 2980, 2981, 2991, 2996, and 3002). (Signed by Judge Shira A. Scheindlin on 3/25/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 25, 2010 ***STRICKEN DOCUMENTS. Deleted document numbers [2978, 2980, 2981, 2991, 2996, 3002] from the case record. The documents were stricken from this case pursuant to 3026 Stipulation and Order. (cd) Modified on 3/26/2010 (cd).
March 25, 20103027CASE MANAGEMENT PLAN #62: In the above-captioned multi-litigation, a large number of cases in which all claims have been dismissed, either by court order or pursuant to settlement, have never been officially closed and removed from the docket. Upon review of chamber's records, and consultation with liason counsel in this matter, the Court has determined that the following cases should not remain open. Accordingly, the Clerk of Court is directed to close the listed cases. (Signed by Judge Shira A. Scheindlin on 3/25/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 29, 20103028MEMORANDUM OF LAW in Opposition re: (577 in 1:04-cv-03417-SAS) MOTION Prejudgment Interest.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
March 29, 20103029DECLARATION of Lauren Handel in Opposition re: (577 in 1:04-cv-03417-SAS) MOTION Prejudgment Interest.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
March 29, 20103030Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Berj K. Parseghian for Tesoro Refining and Marketing Company, Inc. and Tesoro Petroleum Corporation., Jesus R. Chavez for Tesoro Refining and Marketing Company, Inc. and Tesoro Petroleum Corporation., Jamie O. Kendall for Tesoro Refining and Marketing Company, Inc., Tesoro Petroleum Corporation admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 3/29/10) (cd)
March 31, 20103031Court Opinion or Order ORDER MODIFYING CASE MANAGEMENT ORDER NO. 60, the parties shall submit a joint proposed scheduling order to the Court on or before 4/30/10. (Signed by Judge Shira A. Scheindlin on 3/31/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03738-SAS(cd)
April 1, 20103032ENDORSED LETTER addressed to Judge Shira A.Scheindlin from Lauren Podesta dated 3/26/10 re: Request by the above attorney to be removed from the listed cases. ENDORSEMENT: The Clerk of Court is hereby directed to remove Lauren Podesta as attorney of record in the above-captioned matters. So Ordered. (Signed by Judge Shira A. Scheindlin on 4/1/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 5, 20103033Court Opinion or Order ORDER GRANTING JOINT MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FRCP 54(b), granting (583) Motion for Entry of Judgment under Rule 54(b) in case 1:04-cv-03417-SAS; granting (3021) Motion for Entry of Judgment under Rule 54(b) in case 1:00-cv-01898-SAS-DCF. (Signed by Judge Shira A. Scheindlin on 4/5/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
April 5, 20103034Court Opinion or Order OPINION AND ORDER #98812 that for the aforementioned reasons, the Clerk of Court is directed to enter final judgment on the Station Six claims pursuant to Rule 54(b) and to close this motion (docket No. 583). (Signed by Judge Shira A. Scheindlin on 4/5/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) Modified on 4/13/2010 (ajc).
April 5, 20103035NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of CP Service Station Operating Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10051-SAS(Rothberg, Debra)
April 5, 20103036NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of Tartan Oil Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10051-SAS(Rothberg, Debra)
April 5, 20103037NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of CP Service Station Operating Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS(Rothberg, Debra)
April 5, 20103038NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of Tartan Oil Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10052-SAS(Rothberg, Debra)
April 5, 20103039Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE, all of the City's currently remaining state law claims asserted in this litigation, specifically cause of action One through Three and Five through Eight of the City's Fourth Amended Complaint, as they relate to all wells other than the Station 6 Wells, are dismissed, without prejudice, as against the ExxonMobil Defendants pursuant to FRCP 41(a)(1)(ii), effective upon entry of judgment by the Court as to the verdict rendered by the jury on 10/19/09 regarding the Station 6 Wells.... (SEE PREVIOUS TWO ENTRIES) (Signed by Judge Shira A. Scheindlin on 4/5/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
April 5, 20103040NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of CP Service Station Operating Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10053-SAS(Rothberg, Debra)
April 5, 20103041NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of Tartan Oil Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10053-SAS(Rothberg, Debra)
April 5, 20103042NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of CP Service Station Operating Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10054-SAS(Rothberg, Debra)
April 5, 20103043NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of Tartan Oil Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10054-SAS(Rothberg, Debra)
April 5, 20103044NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of CP Service Station Operating Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10055-SAS(Rothberg, Debra)
April 5, 20103045NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of Tartan Oil Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10055-SAS(Rothberg, Debra)
April 5, 20103046NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of CP Service Station Operating Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10056-SAS(Rothberg, Debra)
April 5, 20103047NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of Tartan Oil Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10056-SAS(Rothberg, Debra)
April 5, 20103048NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of CP Service Station Operating Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10057-SAS(Rothberg, Debra)
April 5, 20103049NOTICE OF APPEARANCE by Debra L. Rothberg on behalf of Tartan Oil Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:03-cv-10057-SAS(Rothberg, Debra)
April 6, 20103050JOINT MOTION to Dismiss Ashland Inc.. Document filed by Ashland Inc.. Responses due by 4/20/2010 (Attachments: # 1 Text of Proposed Order Stipulation and Order Dismissing All Claims Against Ashland Inc., # 2 Supplement Certificate of Service)(Leifer, Steven)
April 6, 20103051JOINT MOTION to Dismiss Marathon Oil Company and Marathon Petroleum Company LLC. Document filed by Marathon Ashland Petroleum LLC, Marathon Oil Company. Responses due by 4/20/2010 (Attachments: # 1 Text of Proposed Order Stipulation and Order Dismissing All Claims Against Marathon Defendants, # 2 Supplement Certificate of Service)(Leifer, Steven)
April 6, 20103052Court Opinion or Order ORDER MODIFYING CASE MANAGEMENT ORDER NO. 60, the parties shall submit a joint proposed scheduling order to the Court on or before 4/30/10. (Signed by Judge Shira A. Scheindlin on 4/5/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-01419-SAS(cd)
April 6, 20103053RULE 54(B) JUDGMENT That for the reasons stated in the Court's Opinion and Order dated April 5, 2010, that there is no just reason for delay, pursuant to Fed. R. Civ. P. 54(b), final judgment is entered on the Station Six claims. (Signed by J. Michael McMahon, clerk on 4/6/10) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(ml)
April 9, 2010 CASHIERS OFFICE REMARK on 3030 Order Admitting Attorney Pro Hac Vice, in the amount of $75.00, paid on 03/30/2010, Receipt Number 899232. (jd)
April 12, 20103054SETTLEMENT AGREEMENT Letter to Hon. Scheindlin. Document filed by Bartco Corp..(Albanese, Christopher)
April 12, 20103055Court Opinion or Order CASE MANAGEMENT ORDER #63: Expert Discovery due by 9/30/2011(fact discovery due 4/4/11), see document for other discovery deadlines. So Ordered. (Signed by Judge Shira A. Scheindlin on 4/12/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(cd)
April 12, 20103056Court Opinion or Order CASE MANAGEMENT ORDER #64: Amended Pleadings due by 12/1/2010. Joinder of Parties due by 12/1/2010. Expert Discovery due by 12/17/2010 (fact discovery due by 3/15/11), see document for other deadlines. FRCP 56(c) regarding the time for filing motions for summary judgment shall not apply. So ordered. (Signed by Judge Shira A. Scheindlin on 4/12/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-06554-SAS(cd)
April 13, 20103057ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Christopher A. Albanese dated 4/12/2010 re: Requesting a thirty day adjournment of the motion deadline. ENDORSEMENT: Defendant Bartco Corp's request a 30 day adjournment of the motion deadline is granted. (Signed by Judge Shira A. Scheindlin on 4/13/2010) (jpo)
April 13, 20103058ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Keith Tashima dated 4/5/10 re: Request to be removed from the list of recipients of electronic notices in connection with MDL 1358 as I no longer represent Defendants Sunoco, Inc and Sunoc, Inc. (R&M). ENDORSEMENT: The Clerk of Court is hereby directed to remove Keith T. Tashima from the service list in MDL 1358. So ordered. (Signed by Judge Shira A. Scheindlin on 4/12/10) (cd)
April 13, 20103059Court Opinion or Order STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST ASHLAND INC pursuant to FRCP 41(a)(2), with prejudice of all claims. (Signed by Judge Shira A. Scheindlin on 4/12/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04009-SAS, 1:07-cv-04011-SAS, 1:07-cv-04012-SAS, 1:07-cv-06848-SAS(cd)
April 13, 20103060Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST DEFENDANT CROWN CENTRAL LLC, pursuant to FRCP 41(a)(2) with prejudice of all claims against Crown. (Signed by Judge Shira A. Scheindlin on 4/12/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 13, 20103061NOTICE OF WITHDRAWAL OF COUNSEL that John J. Amberg is no longer associated with Kirkland & Ellis LLP and should be removed from the service list. Kirkland & Ellis LLP continues to serve as counsel for the BP Defendants through their attorney(s) J. Andrew Langan, Wendy L. Bloom, Peter Bellacosa and Christopher Esbrook and all future correspondence and papers in this action should continue to be directed to them. So Ordered. (Signed by Judge Shira A. Scheindlin on 4/12/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 13, 20103062Court Opinion or Order STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST MARATHON DEFENDANTS pursuant to FRCP 41(a)(2) with prejudice of all claims. (Signed by Judge Shira A. Scheindlin on 4/12/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 13, 20103074MEMO ENDORSEMENT ON NOTICE OF JOINT MOTION TO DISMISS that pursuant to FRCP 41(a)(2), Plaintiffs and Defendant Crown Central LLC, successor by merger to Crown Central Petroleum Corporation, hereby move the Court to enter the attached Stipulation and Order dismissing all claims against Crown as set for forth in Plaintiffs' current Complaint with prejudice. The parties have reached a settlement agreement and final resolution of all matters in controversy between them and have executed a Stipulation and Order of Dismissal. The parties have agreed to bear their own attorneys' fees and costs: So ordered. (Signed by Judge Shira A. Scheindlin on 4/12/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 14, 20103073TRANSCRIPT of proceedings held on 3/23/10 before Judge Shira A. Scheindlin. (cd)
April 21, 20103063Court Opinion or Order CASE MANAGEMENT ORDER #65: re discovery rulings made during the status conference held on 4/14/10 as to The Commonwealth of Puerto Rico and New Jersey cases, see document. All Cases Status Conference set for 5/19/2010 at 10:30 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 4/21/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 21, 20103064Court Opinion or Order STIPULATION AND ORDER AMENDING JUDGMENT PURSUANT TO FRCP 59(e) that within 7 days of the Court's decision on the City's motion for pre-judgment interest, the City and ExxonMobil shall submit a proposed amended final judgment incorporating the changes identified above to the Court for entry by the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 4/21/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
April 21, 20103065MOTION for New Trial on Damages or, Alternatively, for Remittitur. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
April 21, 20103066DECLARATION of Lauren Handel in Support re: (3065 in 1:00-cv-01898-SAS-DCF, 601 in 1:04-cv-03417-SAS) MOTION for New Trial on Damages or, Alternatively, for Remittitur.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
April 21, 20103067MEMORANDUM OF LAW in Support re: (3065 in 1:00-cv-01898-SAS-DCF, 601 in 1:04-cv-03417-SAS) MOTION for New Trial on Damages or, Alternatively, for Remittitur.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
April 21, 20103068MOTION for Judgment as a Matter of Law or, in the Alternative, for a New Trial. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
April 21, 20103069MEMORANDUM OF LAW in Support re: (604 in 1:04-cv-03417-SAS, 3068 in 1:00-cv-01898-SAS-DCF) MOTION for Judgment as a Matter of Law.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
April 21, 20103070MOTION for New Trial Based on Errors of Law. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 21, 20103071DECLARATION of Lauren Handel in Support re: (3070 in 1:00-cv-01898-SAS-DCF, 606 in 1:04-cv-03417-SAS) MOTION for New Trial Based on Errors of Law.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 21, 20103072MEMORANDUM OF LAW in Support re: (3070 in 1:00-cv-01898-SAS-DCF, 606 in 1:04-cv-03417-SAS) MOTION for New Trial Based on Errors of Law.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 23, 20103075Court Opinion or Order ORDER denying without prejudice (601) Motion for New Trial; denying without prejudice (604) Motion for Judgment as a Matter of Law; denying (606) Motion for New Trial in case 1:04-cv-03417-SAS; denying without prejudice (3065) Motion for New Trial; denying without prejudice (3068) Motion for Judgment as a Matter of Law; denying without prejudice (3070) Motion for New Trial in case 1:00-cv-01898-SAS-DCF. ExxonMobil may re-file one post-judgment motion not exceeding 45 double-spaced pages by 4/27/10. Plaintiffs' opposition shall be due on 5/27/10, and shall not exceed 45 double-spaced pages. ExxonMobil may file a reply brief of no more than 20 double-spaced pages by 6/11/10. (Signed by Judge Shira A. Scheindlin on 4/23/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
April 23, 2010 Set Deadlines/Hearings: Motion due by 4/27/2010. Reply due by 6/11/2010. Response due by 5/27/2010 Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
April 26, 20103090TRANSCRIPT of proceedings held on 4/14/10 before Judge Shira A. Scheindlin. (cd)
April 27, 20103076MOTION for Judgment as a Matter of Law Exxon Mobil Defendants' Notice of Renewed Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial and/or Remittitur. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 27, 20103077DECLARATION of Lauren Handel in Support re: (3076 in 1:00-cv-01898-SAS-DCF, 610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law Exxon Mobil Defendants' Notice of Renewed Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial and/or Remittitur.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 27, 20103078MEMORANDUM OF LAW in Support re: (3076 in 1:00-cv-01898-SAS-DCF, 610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law Exxon Mobil Defendants' Notice of Renewed Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial and/or Remittitur.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 28, 2010 CASHIERS OFFICE REMARK on 3025 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 03/23/2010, Receipt Number 898434. (jd)
April 30, 20103079CASE MANAGEMENT PLAN #66: Expert Discovery due by 9/16/2011, close of fact discovery 8/31/11, see document for other deadlines. FRCP 56(c) regarding the time for filing motions for summary judgment shall not apply. (Signed by Judge Shira A. Scheindlin on 4/30/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03738-SAS(cd)
April 30, 20103080NOTICE of PLAINTIFF CITY OF POMONAS DISCLOSURE OF IDENTIFIED SOURCES OF MTBE CONTAMINATION. Document filed by City of Pomona. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03738-SAS(Campins, Nicholas)
April 30, 20103081NOTICE of PLAINTIFF YOSEMITE SPRINGS PARK UTILITY DISTRICTS DISCLOSURE OF IDENTIFIED SOURCE OF MTBE CONTAMINATION. Document filed by Yosemite Springs Park Utility. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-01419-SAS(Campins, Nicholas)
April 30, 20103082Court Opinion or Order ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO VOLUNTARILY DISMISS CASE PURSUANT TO FRCP 41(a)(2) re (21) Motion to Dismiss in case 1:09-cv-03739-SAS, as further set forth in this document. Should Plaintiff Redwood re-file this action, renewing its claims against Defendants Chevron Corp, Chevron USA Inc., and Chevron Environmental Management Co for the alleged inter alia, MTBE contamination on Plaintiff's property, the parties shall within two weeks agree on a Scheduling Order identifying certain fact and expert discovery deadlines. (Signed by Judge Shira A. Scheindlin on 4/30/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-03739-SAS(cd)
May 11, 20103083Court Opinion or Order CASE MANAGEMENT ORDER NO. 67. Yosemite will identify subject areas in which it plans to offer expert reports by August 2, 2010; Yosemite will identify the experts who will be submitting reports by September 13, 2010; Defendant will identify the experts who will e submitting reports by November 5, 2010; Last day to serve discovery is December 13, 2010; Yosemite will serve expert reports by February 1, 2011; Defendant will serve expert reports by April 1, 2011; Yosemite will serve reply expert reports by May 16, 2011; Expert depositions may commence by May 30, 2011; Expert discovery is completed by July 31, 2011; (Signed by Judge Shira A. Scheindlin on 5/10/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-01419-SAS(djc) Modified on 5/17/2010 (djc).
May 11, 20103084Court Opinion or Order CASE MANAGEMENT ORDER NO. 68. Plaintiff to identify sources of alleged MTBE contamination by June 7, 20910; Fact Discovery as to Parties Cutoff - April 1, 2011; Plaintiff serves expert reports. Depos may begin June 1, 2011; Defendants serve expert reports. Depos may begin August 1, 2011; Plaintiff serves reply expert reports. Depos may begin Sept. 1, 2011; Expert and Fact Discovery completed - October 14, 2011. (Signed by Judge Shira A. Scheindlin on 5/10/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04969-SAS(djc)
May 11, 20103085Court Opinion or Order CASE MANAGEMENT ORDER NO. 70. Plaintiff to identify sources of alleged MTBE contamination: June 7, 2010. Fact Discovery as to Parties Cut off [last day to propound discovery on parties except with respect to expert-related fact discovery, which along with discovery to 3rd parties, may continue until the "Expert and Fact Discovery Completed" deadline set forth below]: April 1, 2011. Plaintiff serves expert reports. Deposition may begin June 1, 2011. Defendants serve expert reports. Deposition may begin August 1, 2011. Plaintiff serves reply expert reports. Deposition may begin September 1, 2011. Expert and Fact Discovery Completed: October 14, 2011. Expert and Fact Discovery due by 10/14/2011. (Signed by Judge Shira A. Scheindlin on 5/10/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04975-SAS(rjm) Modified on 5/12/2010 (rjm).
May 11, 20103086Court Opinion or Order CASE MANAGEMENT ORDER NO. 71. Plaintiff to identify sources of alleged MTBE contamination: June 7, 2010. Fact Discovery as to Parties Cut off [last day to propound discovery on parties except with respect to expert-related fact discovery, which along with discovery to 3rd parties, may continue until the "Expert and Fact Discovery Completed" deadline set forth below]: April 1, 2011. Plaintiff serves expert reports. Deposition may begin June 1, 2011. Defendants serve expert reports. Deposition may begin August 1, 2011. Plaintiff serves reply expert reports. Deposition may begin September 1, 2011. Expert and Fact Discovery Completed: October 14, 2011. Expert & Fact Discovery due by 10/14/2011. (Signed by Judge Shira A. Scheindlin on 5/10/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04974-SAS(rjm)
May 11, 20103087Court Opinion or Order CASE MANAGEMENT ORDER NO. 69. Plaintiff to identify sources of alleged MTBE contamination: June 7, 2010. Fact Discovery as to Parties Cut off [last day to propound discovery on parties except with respect to expert-related fact discovery, which along with discovery to 3rd parties, may continue until the "Expert and Fact Discovery Completed" deadline set forth below]: April 1, 2011. Plaintiff serves expert reports. Deposition may begin June 1, 2011. Defendants serve expert reports. Deposition may begin August 1, 2011. Plaintiff serves reply expert reports. Deposition may begin September 1, 2011. Expert and Fact Discovery Completed: October 14, 2011. Expert and Fact Discovery due by 10/14/2011. (Signed by Judge Shira A. Scheindlin on 5/10/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(rjm)
May 11, 2010 Set Deadlines/Hearings: Deposition due by 9/1/2011. Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS, 1:04-cv-04974-SAS, 1:04-cv-04975-SAS(rjm)
May 11, 2010 Set Deadlines/Hearings: Expert Deposition due by 5/30/2011. Expert Discovery due by 7/31/2011. (djc)
May 11, 2010 Set Deadlines/Hearings: Expert and Fact Discovery due by 10/14/2011. (djc)
May 12, 20103088Court Opinion or Order OPINION AND ORDER: #98949 For the aforementioned reasons, the City's motion for entry of prejudgment interest is granted as to post-verdict interest but denied as to pre-verdict interest. The Clerk of Court is directed to close this motion (Docket No. 577). (Signed by Judge Shira A. Scheindlin on 5/12/2010) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jfe) Modified on 5/17/2010 (ajc).
May 14, 20103089Court Opinion or Order CASE MANAGEMENT ORDER NO. 71 (MODIFYING CASE MANAGEMENT ORDER NO. 60) re: (11 in 1:09-cv-06554-SAS, 3018 in 1:00-cv-01898-SAS-DCF) Case Management Order. The schedule of this case outlined in the Court's Case Management Order No. 60 shall be modified as follows: 1. The plaintiff identify sources of alleged MTBE contamination on or before 5/14/2010. (Signed by Judge Shira A. Scheindlin on 5/12/2010) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:09-cv-06554-SAS(tro)
May 18, 20103091JOINT MOTION to Dismiss Circle K Stores, Inc.. Document filed by California-American Water Company, City of Riverside. (Attachments: # 1 Proposed Order)(Evangelisti, Celeste)
May 19, 20103092NOTICE of Joint Motion to Dismiss Defendant Flint Hills Resources, LP. Document filed by Flint Hills Resources, LP. (Attachments: # 1 Text of Proposed Order Stipulation and Order Dismissing All Claims Against Flint Hills Resources, LP, # 2 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04009-SAS, 1:07-cv-04011-SAS, 1:07-cv-04012-SAS, 1:07-cv-06848-SAS(Sibley, George)
May 19, 20103093NOTICE of Joint Motion to Dismiss Defendant Koch Industries, Inc.. Document filed by Koch Industries, Inc.. (Attachments: # 1 Text of Proposed Order Stipulation and Order Dismissing All Claims Against Koch Industries, Inc., # 2 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Sibley, George)
May 20, 20103094Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE UNDER FRCP 41, as to defendant Circle K Stores, with prejudice. Each party shall bear its own cost and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 5/19/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04969-SAS, 1:04-cv-04974-SAS(cd)
May 24, 20103095Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST FLINT HILLS RESOURCES, LP: Voluntary dismissal with prejudice of all claims against Flint Hills Resources, LP as set forth in Plaintiffs' current Complaints. Plaintiffs reserve all other rights as against all other defendants. Flint Hills Resources, LP and Flint Hills Resources, LP terminated. (Signed by Judge Shira A. Scheindlin on 5/24/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-04009-SAS, 1:07-cv-04011-SAS, 1:07-cv-04012-SAS, 1:07-cv-06848-SAS(db)
May 24, 20103096Court Opinion or Order STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST KOCH INDUSTRIES, INC.: Voluntary dismissal with prejudice of all claims against Koch Industries, Inc. as set forth in Plaintiffs' current Complaints. Plaintiffs reserve all other rights as against all other defendants. Koch Industries, Inc.; Koch Industries, Inc.; Koch Industries, Inc.; Koch Industries, Inc.; Koch Industries, Inc.; Koch Industries, Inc.; Keck, Inc. and Koch Industries, Inc. terminated. (Signed by Judge Shira A. Scheindlin on 5/24/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(db)
May 26, 20103097Court Opinion or Order ORDER. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Alec C. Zacaroli, Esq., is admitted to practice before this Court pro hac vice on behalf of Chevron U.S.A., Inc., Equilon Enterprises LLC (d/b/a Shell Oil Products US), Motiva Enterprises LLC, Shell Oil Company, Shell Oil Products Company LLC, Shell Oil Products Company, Shell Petroleum, Inc., Shell Trading (US) Company, Texaco Inc., TMR Company (f/k/a Texaco Refining and Marketing Inc.), Texaco Refining and Marketing (East) Inc., and TRMI Holdings, Inc. in this civil action upon the deposit of the required $25.00 fee to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 5/26/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(rjm) Modified on 5/27/2010 (rjm).
May 26, 20103098Court Opinion or Order ORDER that the parties have submitted a request for an extension to the existing discovery schedule only two weeks before several deadlines are about to expire.....I am therefore granting a limited extension of 30-days to the discovery deadlines in Case Management Order 56. However, no further extensions will be granted in this case or in any other MTBE-related matter in the absence of compelling circumstances. These cases must move forward. (Signed by Judge Shira A. Scheindlin on 5/26/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-09453-SAS(cd)
May 27, 20103099MEMORANDUM OF LAW in Opposition re: (3076 in 1:00-cv-01898-SAS-DCF, 610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law Exxon Mobil Defendants' Notice of Renewed Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial and/or Remittitur.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 27, 20103100AFFIDAVIT of MARNIE E. RIDDLE in Opposition re: (610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law.. Document filed by The City of New York. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT, # 3 Exhibit EXHIBIT 3, # 4 Exhibit EXHIBIT 4)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 27, 20103101TRANSCRIPT of proceedings held on 5/19/10 before Judge Shira A. Scheindlin. (cd)
June 1, 20103102Court Opinion or Order ORDER: For the reasons stated on the record at today's conference, plaintiff Orange County Water District's objection to Pre-Trial Order #57 is hereby denied. (Signed by Judge Shira A. Scheindlin on 5/28/2010) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(tro)
June 1, 2010 ***DELETED DOCUMENT. Deleted document number (3103) order. The document was incorrectly filed in this case. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
June 1, 20103103Court Opinion or Order ORDER granting (103) Motion to Dismiss FOR VOUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(2) in case 1:04-cv-04970-SAS. (Signed by Judge Shira A. Scheindlin on 5/27/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
June 1, 20103104Court Opinion or Order ORDER granting (104) Motion For Voluntary Dismissal Without Prejudice to FRCP 41(a)(2 in case 1:04-cv-04970-SAS. (Signed by Judge Shira A. Scheindlin on 5/27/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
June 1, 20103105Court Opinion or Order CASE MANAGEMENT ORDER #72 This Order memorializes the rulings made during the status conference held on 5/19/10. ExxomMobil is granted leave to notice de bene esse depositions of three ExxonMobil employees-Mr. Robert Biles, Mr. Vic Dugan, and Mr. Thomas Eizember-in all cases in this multi-district litigation, and as further set forth in this document. The next all-cases status conference is scheduled for 9/8/10 at 10:30. Status Conference set for 9/8/2010 at 10:30 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 5/27/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
June 3, 2010 CASHIERS OFFICE REMARK on 3097 Order,,, in the amount of $25.00, paid on 05/27/2010, Receipt Number 905101. (jd)
June 4, 20103106JOINT MOTION to Dismiss Santa Holding Company, Santa Fuel, Inc., Buckley Gasoline Marketers, Inc. and Buckley Energy Group, Ltd.. Document filed by Our Lady of the Rosary Chapel, American Distilling & Manufacturing Co., Inc., Town of East Hampton, United Water CT Inc.. (Attachments: # 1 Stipulation and Proposed Order of Dismissal)(Summy, Paul)
June 7, 20103107MEMO ENDORSEMENT: Request Denied on Stipulation and Order Extending Time For Rosemore, Inc to Answer or Otherwise Respond to Complaint. (Signed by Judge Shira A. Scheindlin on 6/7/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
June 7, 20103108Court Opinion or Order STIPULATION AND ORDER OF DISMISSAL UNDER FED.R.CIV.P.41: 1. This Court has jurisdiction over the Parties to this Stipulation and over the subject matter of this action. The Parties to this Stipulation have advised the Court of their agreement to settle this matter pursuant to a Settlement, Release and Indemnity Agreement and this Stipulated Order of Dismissal. 2. The Parties to this Stipulation consent to the dismissal of this action as to the Settling Defendants only, including all claims and counterclaims, with prejudice. 3. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 6/7/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-01718-SAS, 1:04-cv-01719-SAS, 1:04-cv-01720-SAS, 1:04-cv-01721-SAS(db)
June 7, 20103109Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE: That Michelle A. Burr is permitted to appear Pro Hac Vice for defendant Southern Counties Oil Company, Inc. in this action. (Signed by Judge Shira A. Scheindlin on 6/7/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(db)
June 7, 20103110NOTICE of PLAINTIFF CALIFORNIA-AMERICAN WATER COMPANYS PRELIMINARY DISCLOSURE OF SOURCES OF MTBE CONTAMINATION. Document filed by California-American Water Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04974-SAS(Campins, Nicholas)
June 7, 20103111NOTICE of PLAINTIFF CITY OF RIVERSIDES PRELIMINARY DISCLOSURE OF SOURCES OF MTBE CONTAMINATION. Document filed by City of Riverside. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04969-SAS(Campins, Nicholas)
June 11, 20103114REPLY MEMORANDUM OF LAW in Support re: (3076 in 1:00-cv-01898-SAS-DCF, 610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law Exxon Mobil Defendants' Notice of Renewed Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial and/or Remittitur.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 11, 20103115DECLARATION of Lauren Handel in Support re: (3076 in 1:00-cv-01898-SAS-DCF, 610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law Exxon Mobil Defendants' Notice of Renewed Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial and/or Remittitur.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 14, 20103116Court Opinion or Order CASE MANAGEMENT ORDER NO. 73: The parties in the above referenced matter have agreed that the revised Rules 26(b)(4)(B)&(C), which go into effect in December, will apply to expert discovery in this case, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 6/11/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
June 15, 20103117Court Opinion or Order CASE MANAGEMENT ORDER # 74: All Fact Discovery due 11/30/10. All Expert Discovery due by 4/21/2011. (Signed by Judge Shira A. Scheindlin on 6/15/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-06306-SAS(db)
June 15, 20103118Court Opinion or Order ORDER REFERRING CASES TO MAGISTRATE JUDGE. Order that cases be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. A previous Order inadvertently referred other cases for settlement that should not have been referred. The Clerk of the Court is directed to remove that Order (Docket Nos. 3112 and 3113). (Signed by Judge Shira A. Scheindlin on 6/15/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
June 15, 2010 ***STRICKEN DOCUMENTS. Deleted document number [3112 and 3113] from the case record. The document was stricken from this case pursuant to 3118 Order Referring Case to Magistrate Judge. (cd)
June 22, 20103119Court Opinion or Order CASE MANAGEMENT ORDER #75: For each case currently pending in MDL 1358, those defendants who remain a party and who owned or leased property with underground storage tanks (USTs) or owned or leased USTs during the relevant time period and in the relevant geographic area at issue (as defined by the Court) shall provide declarations in that case identifying such property and underground storage tanks they owned or leased, and the dates of such ownership or leasing, within the relevant geographic area. If a defendant owns or owned, or leases or leased more than 50 USTs or properties with USTs, such defendant may provide a printout from a database or other electronically available information together with a declaration describing the meaning of the printout. If a defendant would have to review numerous paper files or otherwise has data gaps based on the age of the information, the defendant may seek relief based on burden from theSpecial Master. For those cases where the use of "focus sites" has been ordered by the Court, a defendant shall provide a declaration regarding ownership and leasing information for properties and USTs for the focus sites that have been or will be selected in the case. (Signed by Judge Shira A. Scheindlin on 6/22/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(db)
June 24, 20103120Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Mark S. Adams for G&M Oil Company, Inc. Eudeen Chang for G&M Oil Company, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 6/24/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
June 24, 20103121Court Opinion or Order ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Kenneth A. Ehrlich for G&M Oil Company, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 6/24/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(cd)
June 25, 20103122STIPULATION OF DISMISSAL UNDER FED. R. CIV. P. 41: The Parties to this Stipulation consent to the dismiss of this action as to "Exxon Mobil Corporation" only, including all claims and counterclaims, with prejudice. Each Party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 6/25/2010) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(tro)
June 25, 20103123STIPULATION OF DISMISSAL UNDER FED. R. CIV. P. 41: The Parties to this Stipulation consent to the dismissal of this action as to "Exxon Mobil Corporation" only, including all claims and counterclaims, with prejudice. Each Party shall bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 6/25/2010) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS(tro)
June 29, 20103124Court Opinion or Order ORDER the Court hereby orders the settlement agreements dated between Defendants Exxon Mobil Corp et al and Plaintiffs in the above-captioned cases to be filed under seal as part of Defendants' Good Faith Settlement Motion (Signed by Judge Shira A. Scheindlin on 6/28/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS, 1:04-cv-04975-SAS(cd)
June 30, 2010 CASHIERS OFFICE REMARK on 3121 Order Admitting Attorney Pro Hac Vice, 3120 Order Admitting Attorney Pro Hac Vice, in the amount of $75.00, paid on 06/24/2010, Receipt Number 907414. (jd)
July 1, 20103125Court Opinion or Order ORDER DETERMINING THAT SETTLEMENT IS A GOOD FAITH SETTLEMENT the Settlement Agreement effective 5/31/10, as applied to the Plaintiff captioned above, was negotiated in good faith by competent counsel for both Plaintiff and Washoe and without any evidence of bad faith, fraud, collusion or an intent to unfairly impact the rights of non-settling defendants or prejudice the litigation positions of the non-settling defendants on the part of Washoe, and as further set forth in this document. Pursuant to FRCP 54(b), the Court determines that there is no just cause for delay and expressly DIRECTS the ENTRY OF JUDGMENT on the issue of the determination that the Settlement Agreement effective 5/31/10 is a good faith settlement under applicable laws and that Washoe Fuel, Inc is protected from joint torfeasor claims as set forth in this Order. (Signed by Judge Shira A. Scheindlin on 6/29/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
July 1, 2010 Transmission to Judgments and Orders Clerk. Transmitted re: (120 in 1:04-cv-04970-SAS, 3125 in 1:00-cv-01898-SAS-DCF) Order, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS(cd)
July 1, 20103126NOTICE OF APPEARANCE by Lawrence Allen Cox on behalf of Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-09453-SAS(Cox, Lawrence)
July 1, 20103127MOTION for Settlement ExxonMobil's Notice of Motion for Determination of Good Faith Settlement. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Proposed Order)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS, 1:04-cv-04975-SAS(Handel, Lauren)
July 1, 20103128DECLARATION of Jeffrey J. Parker in Support of ExxonMobil's Motion for Determination of Good Faith Settlement in Support re: (81 in 1:04-cv-04975-SAS, 3127 in 1:00-cv-01898-SAS-DCF, 121 in 1:04-cv-04970-SAS) MOTION for Settlement.. Document filed by Exxon Mobil Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 3 - Part 2, # 5 Exhibit 4, # 6 Exhibit 4 - Part 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS, 1:04-cv-04975-SAS(Handel, Lauren)
July 1, 20103129MEMORANDUM OF LAW in Support re: (81 in 1:04-cv-04975-SAS, 3127 in 1:00-cv-01898-SAS-DCF, 121 in 1:04-cv-04970-SAS) MOTION for Settlement. Memorandum of Law in Support of ExxonMobil's Motion for Determination of Good Faith Settlement. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04970-SAS, 1:04-cv-04975-SAS(Handel, Lauren)
Docket Report Last Updated: July 1, 2010 16:07:36 PDT

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