In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation Featured Case
Plaintiff: All Plaintiffs, American Distilling & Manufacturing Co., Inc., Melanie J. Arcure, Donna Berisha, Buchanan County School Board, California-American Water Company, Capital Credit Union, Chisholm Creek Utility Authority, Citrus Heights Water District, City of Bel Aire, City of Dodge City, Kansas, City of Fresno, California, City of Galva, City of Ida Grove, City of Kennett, City of Lawrence, City of Lowell Massachusetts, City of Manning, City of Merced Redevelopment Agency, City of Mishawaka, City of NY, City of Park City, Kansas, City of Pattonsburg, City of Portageville, Missouri, City of Riverside, City of Rockport, City of Sacramento, City of South Bend, Indiana, Coffey Insurance Services, County of Nassau, Craftsbury Fire District # 2, Crescenta Valley Water District, Del Paso Manor Water District, Don-Bar, Inc., Emerald Coast Utilities Authority, Fair Oaks Water District, Fallston Properties, L.L.C., Florin Resource Conservation District, Franklin Square Water District, Freedom Sanitary District #1, Steven C. Greene, Greensville Country Water & Sewer Authority, County of Greensville, Harborside Village Cooperative Corporation, Hinesburg, Town of, Incorporated Village of Sands Point, Hope Koch, Ron La Susa, M & P Silver Family Partners II, Carl G. Morgan, New Jersey American Water Company, Inc., New Jersey Department of Environmental Protection, North Newton School Corporation, Northampton Bucks County Municipal Authority, Robert O'Brien, Our Lady of the Rosary Chapel, Patrick County School Board, Port Washington Water District, Edith Quick, RIGR Realty, LLC, RPI Blueberry, LLC, Rio Linda Elverta Community Water District, Sacramento County Water Agency, Sacramento Goundwater Authority, Sacramento Suburban Water District, San Juan Water District, Sioux City, City of, St. Mark Coptic Orthodox Church, St. Nicholas Parish, State of New Mexico, The Administrator of Ne w Jeresey Spill Compensation Fund, The City of New York, The Commissioner of New Jersey Motor Vehicle Services, The Commissioner of the New Jersey Department of Environmental Protection, The Commonwealth of Pennsylvania, The Commonwealth of Puerto Rico, The Commonwealth of Puerto Rico through the Environmental Quality Board, The New Jersey Department of Environmental Protection, The People of the State of California, The Water Board, Town Of Duxbury, Town of Athol, Town of Billerica, et al., Town of Brewster, Town of Campbellsburg, Indiana, Town of East Hampton, Town of Freedom, Town of Hartland, Town of Hopkinton, Town of Marksville, Town of Matoaka, West Virginia, Matoaka Water System, Town of Middleborough, Town of Rayville, United Water CT Inc., Village Of Island Lake, Water Authority of Great Neck North, Water Finance Agency, rEVO Biologics, Inc. and City of Breaux Bridge
Defendant: Citgo Refining and Chemicals Company L.P., Exxon Mobil Corporation, Shell Oil Company, Sunoco, Inc. (R&M), Texaco Inc., The Premcor Refining Group Inc., Ultramar, Inc., Valero Energy, Inc., Valero Refining Company-California, Valero RefiningTexas, 7-Eleven, Inc., 7-Eleven, Inc.,, Amerada Hess Corp., Amerada Hess Corporation, American Agip Co. Inc., Ashland Inc., Atlantic Richfield Company, BP America, Inc., BP Amoco Chemical Company,, BP Amoco Chemical Company, Inc., BP Amoco Corporation, BP Corporation North America Inc., BP Products North America, Inc., BP West Coast LLC, BP-Husky Refining, LLC, Sartaj Bains, Bartco Corp., Central Florida Pipeline Corporation, Chelsea Sandwich, LLC., Chemtura Corporation, Chevron Corporation, Chevron International Oil Company, Inc., Chevron Puerto Rico, LLC, Chevron U.S.A., Inc.,, Chevrontexaco Corporation, Circle K Stores, Inc., Coastal Chem, Inc., Coastal Fuels Marketing, Inc., ConocoPhillips Company, Costal Corporation, Crown Central LLC, Crown Central Petroleum Corporation, Cumberland Farms Inc., DEF Company(s), DUKE ENERGY MERCANTS, LLC, Does 26-1000, Dupre Transport, LLC, El Paso Merchant Energy-Petroleum Company, El-Paso Merchant Energy-Petroleum Company, Equilon Enterprises LLC, Equilon Enterprises, LLC, Equiva Services, LLC, ExxonMobil Oil Corporation, Exxonmobil Chemical Company, Ghulam Fareed, Mohammed Faruk, Four Star Oil & Gas Company, Four Star Oil and Gas Company, Getty Petroleum Corporation, Getty Petroleum Marketing Inc., Giant Industries Inc, Giant Yorktown, Inc., Global Companies, LLC, Global Montello Group, Global Petroleum Corporation, Global Revco Dock LLC, Gulf Oil Ltd. Partnership, HOUSTON REFINING, LP, Hess Corporation, Huntsman Corporation, International Matex Tank Terminals, Irving Oil Corporation, Irving Oil Limited, Irving Oil Terminals, Inc., Elias Jbeily, Johnson & Dix Fuel Corp., Julius Juhasz, Klara Juhasz, Keck, Inc., Kewanee Industries, Inc., Kinder Morgan Energy Partners, L.P., Koch Industries, Inc., La Gloria Oil and Gas Company, Lassus Bros. Oil, Inc., Leemilt's Petroleum Inc., Lukoil Americas Corporation, Lyondell-Citgo Refining LP, LyondellBasell Industries N.V., Marathon Ashland Petroleum LLC, Marathon Oil Company, Marathon Oil Corporation, Marathon Petroleum Company LP, Marathon Petroleum Corporation, Edward Marrach, Mercury Fuel Service, Incorporated, Mobil Oil Corporation, Motiva Enterprises L.L.C., Motiva Enterprises, LLC, Mulgrew Oil Company, Murphy Oil USA Inc, NORTH ATLANTIC REFINING LTD., NUSTAR TERMINALS OPERATIONS PARTNERSHIP LP, Safdar Naiz, New West Stations, Inc., New West petroleum, North Atlantic Refinery, O.K. Petroleum International, Ltd., Occidental Chemical Corporation, Orange County Water District, PHILLIPS 66, PREMCOR USA, INC., PS Trading, Inc., Parker Holding Company Inc, Parker Oil Company, Sajda Perveen, Petro Star, Phibro Inc., Phibro LLC f/k/a Phibro, Inc., Phillips 66 Company, Plaacid REfining Company, LLC, R&B Stations, Inc., Abdul Rauf, Rosemore, Inc., SFPP, L.P., Sabic Americas, Inc., Mohammad Shamshad, Shell Oil Products Company LLC, Shell Trading (US) Company,, Southern Countries Oil Co., Star Enterprises, Sun Company, Inc., Sunoco Inc., Sunoco, Incorporated (R&M), TMR Company, TRMI Holdings Inc., TRMI-H LLC, Tesoro Petroleum Corporation., Tesoro Refining and Marketing Company, Inc., Texaco Inc, Texaco Petroleum, Inc., Texaco Refining and Marketing, Inc., Texaco, Inc., Texas Petrochemicals LP, Toms Sierra Company, Inc., Tosco Corporation, Total Petrochemicals & Refining USA, Inc., USA Gasoline Corporation,, Union Oil Company of California, United Refining Company, Unocal Corporation, Vitol, S.A., Western Refining, Inc., Lo J. Yang, Valero Refining Texas L P, Chevron U S A Inc, T M R Co, Citgo Petroleum Corp., Sunoco, Shell Trading (U S) Co, Conoco Phillips Co., Citgo International P.R., CITGO International, Inc., Mobil Corp, Atlantic Richfield Co,, P D V Midwest Refining L L C, Lukoil North America LLC, Shell Petroleum Inc, T R M I H L L C, Total Petrochemicals & Refining U S A Inc, Equilon Enterprises L L C, Exxon Mobil Corp, Sunoco Inc (R & M), PJSC LUKOIL, Lukoil Pan Americas, LLC, Exxonmobil Oil Corp., Ashland Oil Inc., B P Products North America Inc, Diamond Shamrock Refining Co L P, El Paso Merchant Energy-Petroleum Co, Premcor Refining Group Inc, Sunoco Inc, Coastal Eagle Point Oil Co, Marathon Oil CO, ESSO STANDARD OIL, Chevron U.S.A., Inc., formerly known as Gulf Oil Corporation doing business as Chevron Products Company doing business as Chevron Chemical Company, Conoco Phillips Co. formerly known as Phillips Petroleum Co doing business as Phillips 66 CO. doing business as Phillips Chemical Co doing business as Phillips Oil Co other Conoco Inc other Tosco Corp., Exxon Mobil Corp formerly known as Exxon Corp doing business as Exxon Mobil Refining & Supply Co doing business as Exxon Chemical U S A doing business as ExxonMobil Chemical Corp, Exxon Mobil Corporation formerly known as Exxon Corporation doing business as Exxon Mobil Refining and Supply Company, doing business as Exxon Chemical U.S.A formerly known as Exxon Mobil Chemical Corporation,, Shell Trading (US) Company, formerly known as Equiva Trading Company doing business as Stusco Sun Company, inc, Chevron U S A Inc formerly known as Gulf Oil Corp. doing business as Chevron Products Co doing business as Chevron Chemical Co., Shell Oil Products Company LLC doing business as Shell Oil Products Company, Mobil Oil Corporation formerly known as Socony Mobil Oil Company formerly known as Socony Vacuum Oil Company, Inc., Valero Energy, Inc. doing business as Valero Marketing and Supply Company, Atofina Petrochemicals, Inc., formerly known as Fina Oil and Chemical Company, Klara Juhasz Individually (Doe 12) doing business as Ferg's Market, Star Enterprises L L C, Motiva Enterprises L.L.C. INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO SHELL OIL PRODUCTS COMPANY, LLC, SHELL OIL PRODUCTS COMPANY, STAR ENTERPRISE, AND TEXACO REFINING AND MARKETING, INC. EAST (A/K/A TRMI EAST), Marathon Petroleum Corporation INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO MARATHON OIL CO., MARATHON DE, MARATHON PC, MARATHON PETROLEUM, MARATHON HOLDINGS, AND MARATHON PIPELINE, Equiva Trading Company doing business as Stusco Sun Company, inc, Chemtura Corporation INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO WITCO CORPORATION, Coastal Refining and Marketing, Inc. formerly known as Coastal Derby Refining Company formerly known as Derby Refining Company formerly known as Colorado Oil and Gas Corporation, Texaco Inc INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO TEXACO REFINING AND MARKETING, INC., Total Petrochemicals U S A Inc formerly known as Atofina Petrochemicals Inc formerly known as Fina Oil & Chemical Co. formerly known as American Petrofina Co of Texas, Marathon Oil Corporation INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO MARATHON OIL CO., MARATHON DE, MARATHON PC, MARATHON PETROLEUM CORPORATION, MARATHON HOLDINGS, AND MARATHON PIPELINE, Texaco Refining and Marketing, Inc.,, Equilon Enterprises LLC doing business as Shell Oil Products, Atlantic Richfield Company individually, as successor-by-merger to Atlantic Richfield Company (a Pennsylvania corporation) formerly known as Atlantic Richfield Delaware Corporation doing business as Arco Products Company, Cities Service RMT Corporation, Gulf Oil Corporation doing business as Chevron Products Company doing business as Chevron Chemical Company, El Paso Merchant Energy-Petroleum Company INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO COASTAL REFINING AND MARKETING, INC. AND COASTAL STATES TRADING, INC., Sajda Perveen Individually (Doe 18) doing business as Super Star Plus Corporation, TRMI Holdings Inc formerly known as Texaco Refining and Marketing Inc. formerly known as Getty Refining and Marketing Company,, U S S Holdings Co, Lo J. Yang Individually (Doe 25) doing business as Full Stop Mini Market, Edward Marrach Individually (Doe 13) doing business as Digol's Gas, Safdar Naiz Individually (Doe 14) doing business as Speed Bird, Inc., Amoco Chemical Company, Abdul Rauf Individually (Doe 21) doing business as Petro Star doing business as Gold Star Gas/Food, Equilon Enterprises, LLC INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR TO SHELL OIL PRODUCTS US, SHELL OIL PRODUCTS COMPANY LLC, SHELL OIL COMPANY, AND TEXACO REFINING AND MARKETING INC., Costal Corporation doing business as Costal Oil New York, Inc., Getty Oil Company, Shell Trading (U S) Co Shell Oil Products Co L L C doing business as Shell Oil Products Co, Julius Juhasz Individually (Doe 11) doing business as Ferg's Market, Equilon Enterprises L L C doing business as Shell Oil Products U S other Equiva Services L L C, Star Enterprises LLC, Amoco Oil Company, Mohammed Faruk Individually (Doe 5) doing business as Full Stop Mini Market, Arco Chemical Company, Elias Jbeily Individually (Doe 10) doing business as Digol's Gas, Valero Refining Co New Jersey, Phillips 66 Company INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO CONOCOPHILLIPS COMPANY, PHILLIPS PETROLEUM COMPANY, CONOCO, INC., TOSCO CORPORATION, AND TOSCO REFINING CO., Marathon Petroleum Company LP INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO MARATHON PETROLEUM COMPANY, LLC AND MARATHON ASHLAND PETROLEUM COMPANY LLC, Costal Oil New York, Inc., LyondellBasell Industries N.V. INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO LYONDELL CHEMICAL COMPANY, LYONDELL CHEMICAL WORLDWIDE, INC., ARCO CHEMICAL COMPANY AND ARCO CHEMICAL CORPORATION, Lukoil Americas Corporation INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO GETTY PETROLEUM MARKETING INC., ConocoPhillips Company agents of Phillips Petroleum Company doing business as Phillips 66 Company doing business as Phillips Chemical Company, Atlantic Richfield Co, ormerly known as Atlantic Richfield Delaware Corp doing business as ARCO Products Co., Exxon Corporation doing business as Exxon Mobil Refining and Supply Company, doing business as Exxon Chemical U.S.A formerly known as Exxon Mobil Chemical Corporation,, Gulf Oil Corp. doing business as Chevron Products Co doing business as Chevron Chemical Co., Sunoco, Inc. formerly known as Sun Oil Company (PA) agent of Sun Oil Company, HOUSTON REFINING, LP INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO LYONDELL-CITGO REFINING, LP, New EXM, Inc., Texaco Refining & Marketing Inc formerly known as T R M I Holdings Inc formerly known as Getty Refining & Marketing Co formerly known as Getty Oil Co Eastern Operations Inc, Sartaj Bains Individually (Doe 2) doing business as R & B Stations, Inc., Ghulam Fareed Individually (Doe 4) doing business as Speed Bird, Inc., Sunoco, Inc. (R&M) formerly known as Sun Company, Inc. (R&M), Phillips Petroleum Co doing business as Phillips, The Texas Corporation, Mohammad Shamshad Individually (Doe 22) doing business as Super Star Plus Corporation, BP West Coast Products LLC and Hartree Partners, LP
Petitioner: Claudia Christiansen and Hamner institutes for health science, the
3Rd Party Plaintiff: Chevron U.S.A., Inc., Citgo Refining and Chemical Company, L.P., El Paso Corporation, El Paso Merchant Energy -Petroleum Company, Flint Hills Resources, LP, Getty Properties Corp., Lyondell Chemical Company, PDV Midwest Refining, LLC, Shell Oil Products Company, Shell Petroleum, Inc., Shell Trading (US) Company, Sunoco, Inc., Total Petrochemicals USA, Inc., Ultramar Energy, Inc., Ultramar Limited, Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining Company - Oklahoma, Valero Refining Company Texas, L.P., Valero Refining and Marketing Company and Cities Service R M T Corp
3Rd Party Defendant: Citgo Petroleum Corporation, A&A McHenry, Inc., Chestnut Mart of Newburgh, Inc., Chestnut Petroleum Dist., Inc., Dhandi Transport, Inc., John and Jane Does Nos. 501-1000, David J. Favre, Leroy G. Favre, Favre Bros. Land, Inc., H.P. Delta, Inc., Saleh El Jamal, John and Jane Does Nos. 1-100, Robert Melecci, Northville Industries Corporation, Gurmail Singh, Harbans Singh, The Town of Highlands, New York and Charles Werth
Cross Claimant: Coastal Eagle Point Oil Company, Coastal Oil New England, Inc., Equistar Chemicals, LP, PDV Midwest Refining, L.L.C., Premcor Refining Group Inc., TPI Petroleum, Inc., Colorado Refining Company and Diamond Shamrock Refining and Marketing Company
4Th Party Plaintiff: Northville Industries Corp.
Consolidated Plaintiff: Town of Kouts, United Water New York, Inc. and Village of Bethalto
Cross Defendant: Valero Refining Company New Jersey, Valero Refining Company-Louisiana, Alam Petroleum, Inc., American Refining Group Inc.'s, Bains Brothers, LLC, Blue Star Petroleum, Inc.,, Buckley Energy Group, Ltd., Buckley Gasoline Marketers, Inc., Chevron Caribbean Inc., Chevron Estrella Puerto Rico, Inc., Chevron Phillips Chemical Company LLC, Digol's Gas, Does 1 through 100, John and Jane Does 1-500, Does 1-99, John and Jane Does Nos. 1-500, Duke Energy Merchants, LLC, ENERGY MERCHANT, LLC, ENI USA R&M Co., Inc., Fauser Oil Co. Inc., Ferg's Market, Frontier El Dorado Refining Company, Fuel Star, Inc.,, Fuel Stop, Full Stop Mini Market, George E. Warren Corporation, Getty Properties Corporation, Go-Mart, Inc., Gold Star Gas/Food, Gulf Acquisition LLC, Hess Energy, Inc., John R. Hicks, Marathon Petroleum Company LLC, O.K. Petroleum Distribution Corp., Petro-Diamond, Inc., Santa Fuel Inc., Santa Holding Company, Sol Pureto Rico Limited, Speed Bird, Inc., Speedway LLC, Super Star Plus Corporation, UNKNOWN OTHERS, Warner Petroleum, Inc.,, Westport Petroleum Inc, Owner/Operator Wortmann Oil Company, Inc., Ultramar Energy Inc., Motiva Enterprises L L C, Alon Refining Krotz Springs Inc, Citgo Refining & Chemicals Co L P, Shell Oil Co., Valero Refining & Marketing Co, Paulsboro Refining Co L L C, Valero Energy Corp., Valero Marketing & Supply Co, Exxon Corp doing business as Exxon Mobil Refining & Supply Co doing business as Exxon Chemical U S A doing business as ExxonMobil Chemical Corp, Valero Refining Co formerly known as Valero Refining Co Texas, Coastal Refining & Marketing, Inc. formerly known as Coastal Derby Refining Co formerly known as Derby Refining Co formerly known as Colorado Oil & Gas Corp, Amoco Oil Co. formerly known as American Oil Co other B P Exploration & Oil Inc other B P North America Inc, PHILLIPS 66 INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO CONOCOPHILIPS COMPANY, PHILLIPS PETROLEUM COMPANY, CONOCO INC., TOSCO CORPORATION, AND TOSCO REFINING CO., Mobil Oil Corp formerly known as Socony Mobil Oil Co formerly known as Socony Vacuum Oil Co Inc, Sun Oil Co. formerly known as Sun Co Inc other Coastal Eagle Point Oil Co, Texaco Refining & Marketing Inc, Clark Refining & Marketing Inc, Sun Co Inc R & M formerly known as Sun Refining & Marketing CO. formerly known as Sun Oil Co of Pennsylvania, BP p.l.c. and BP Holdings North America Limited
Consolidated Defendant: Ashland, Inc., Exxon Mobil Oil Coroporation, ExxonMobil Chemical Company Inc, Flint Hills Resources, L.P., Gulf Oil Limited Partnership, MOBIL CORPORATION, Marathon Petroleum Company, LLC, Total Oil, Inc., Total Petroleum Puerto Rico Corporation and Petroleum Products Corporation
4Th Party Defendant: Ibrahim Aykanat, George Chapklin, Jr., Stephen Chapklin, Glen West Auto Care, LLC, Hercules Realty Corp., Leon Holdings, LLC, Leon Petroleum, LLC, Mohammad Nawaz, Muhammad Nawaz and Ofier Service Station, Inc.
Special Master: Ronald J. Hedges, Kenneth E. Warner, Kieran Gostin, Ryan Micallef, Zachary Krug and Rachel Spector
Alternative Dispute Resolution (Adr) Provider: Kewanee Industries Inc., Chevron Puerto Rico LLC and Commonwealth of Puerto Rico
Appellant: The State of New Hampshire
Intervenor: United States
Not Classified By Court: Experimental Pathology Laboratories, Inc.
Case Number: 1:2000cv01898
Filed: March 10, 2000
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Vernon S Broderick
Referring Judge: Debra C Freeman
2 Judge: Shira A Scheindlin
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. ยง 1452
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2021 Opinion or Order Filing 4668 NOTICE of Withdrawal of Appearance. Document filed by American Refining Group Inc.'s..(Greystone, Jonathan)
November 5, 2021 Opinion or Order Filing 4667 NOTICE OF APPEARANCE by John A. Woodcock, III on behalf of Cumberland Farms Inc., Gulf Oil Limited Partnership..(Woodcock, John)
November 5, 2021 Opinion or Order Filing 4666 PROPOSED ORDER. Document filed by Cumberland Farms Inc., Gulf Oil Limited Partnership..(Woodcock, John) Proposed Order to be reviewed by Clerk's Office staff.
November 5, 2021 Opinion or Order Filing 4665 MOTION for John A Woodcock III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25296904. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cumberland Farms Inc., Gulf Oil Limited Partnership. (Attachments: # 1 Affidavit Declaration in Support of PHV Motion, John A Woodcock III, # 2 Exhibit Exhibt A - Maine Certificate of Good Standing, John A Woodcock III, # 3 Exhibit Exhibit B - Massachusetts Certificate of Good Standing, John A Woodcock III).(Woodcock, John)
November 1, 2021 Opinion or Order Filing 4664 NOTICE OF APPEARANCE by Jonathan Justin Greystone on behalf of American Refining Group Inc.'s..(Greystone, Jonathan)
October 29, 2021 Opinion or Order Filing 4663 STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS MARATHON PETROLEUM COMPANY LP, MARATHON PETROLEUM CORPORATION, MARATHON OIL CORPORATION, AND WILCOHESS LLC TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and among the attorneys for the undersigned parties to this action, that the time for defendants Marathon Petroleum Company LP, Marathon Petroleum Corporation, Marathon Oil Corporation, and WilcoHess LLC to answer, move or otherwise respond to the Second Amended Complaint filed in this action is continued to and including December 3, 2021. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/29/2021) Filed In Associated Cases: 1:00-cv-01898-VSB-DCF, 1:14-cv-06228-VSB-DCF (kv)
October 29, 2021 Opinion or Order Set/Reset Deadlines: Marathon Petroleum Company LP answer due 12/3/2021; Marathon Petroleum Corporation answer due 12/3/2021. (kv)
October 22, 2021 Opinion or Order Filing 4662 DEFENDANT GETTY PROPERTIES CORP.'S NOTICE OF VOLUNTARY DISMISSAL OF CROSSCLAIM AGAINST DEFENDANTS PJSC LUKOIL, LUKOIL PAN AMERICAS LLC AND LUKOIL NORTH AMERICA LLC, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i): Defendant Getty Properties Corp. hereby gives notice of the voluntary dismissal of its Crossclaim against Defendants PJSC LUKOIL, LUKOIL Pan Americas LLC and LUKOIL North America LLC, asserted in its Second Amended Master Answer to Plaintiff's Second Amended Complaint, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). The crossclaim is dismissed as per the terms stated herein. SO ORDERED. PJSC LUKOIL, Lukoil North America LLC and Lukoil Pan Americas, LLC terminated. (Signed by Judge Vernon S. Broderick on 10/22/2021) Filed In Associated Cases: 1:00-cv-01898-VSB-DCF, 1:14-cv-06228-VSB-DCF (kv)
October 22, 2021 Opinion or Order ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 4661 Notice of Voluntary Dismissal was reviewed and referred to Judge Vernon S. Broderick for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
October 21, 2021 Opinion or Order Filing 4661 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) Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. Document filed by Getty Properties Corporation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Dean, Susan)
October 20, 2021 Opinion or Order Filing 4660 STIPULATION AND ORDER TO EXTEND TIME FOR PLAINTIFF COMMONWEALTH OF PENNSYLVANIA TO RESPOND TO EXXONMOBIL'S COUNTERCLAIM: IT IS HEREBY STIPULATED AND AGREED, by and among the attorneys for the undersigned parties to this action, that the time for the Commonwealth of Pennsylvania to answer, plead, move, or otherwise respond to ExxonMobils Counterclaim filed in ExxonMobil's Answer to the Second Amended Complaint & Counterclaim (Dkt. No. 705), or to any amended Counterclaims filed by ExxonMobil, is continued to and including January 10, 2022. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/20/2021) Filed In Associated Cases: 1:00-cv-01898-VSB-DCF, 1:14-cv-06228-VSB-DCF (kv)
October 20, 2021 Opinion or Order Set/Reset Deadlines: The Commonwealth of Pennsylvania answer due 1/10/2022. (kv)
October 19, 2021 Opinion or Order Filing 4659 NOTICE OF APPEARANCE by David Andrew Sifre on behalf of Hartree Partners, LP..(Sifre, David)
October 19, 2021 Opinion or Order Filing 4658 ANSWER to 4641 Crossclaim. Document filed by Hartree Partners, LP..(Sifre, David)
October 19, 2021 Opinion or Order Filing 4657 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hartree Partners, LP..(Sifre, David)
October 19, 2021 Opinion or Order Filing 4656 NOTICE OF APPEARANCE by David Andrew Sifre on behalf of Hartree Partners, LP..(Sifre, David)
October 12, 2021 Opinion or Order Filing 4655 ORDER APPROVING WITHDRAWAL OF APPEARANCE in case 1:14-cv-06228-VSB-DCF; granting (4653) Motion to Withdraw as Attorney. The Motion for Withdrawal of Appearance of Daniel I. Siegfried as counsel of record for Defendants BP America Inc., BP Holdings North America Limited, BP p.l.c., BP Products North America Inc., BP West Coast Products LLC, under Local Civil Rule 1.4, is hereby GRANTED. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 10/12/2021) Attorney Daniel Siegfried terminated in case 1:00-cv-01898-VSB-DCF Filed In Associated Cases: 1:00-cv-01898-VSB-DCF, 1:14-cv-06228-VSB-DCF (ks)
October 12, 2021 Opinion or Order Filing 4654 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PJSC LUKOIL.Filed In Associated Cases: 1:00-cv-01898-VSB-DCF, 1:14-cv-06228-VSB-DCF.(Sorkin, Joseph)
October 8, 2021 Opinion or Order Filing 4653 MOTION for Daniel I. Siegfried to Withdraw as Attorney . Document filed by BP America, Inc., BP Holdings North America Limited, BP Products North America, Inc., BP West Coast Products LLC, BP p.l.c.. (Attachments: # 1 Text of Proposed Order Proposed Order).(Siegfried, Daniel)
October 7, 2021 Opinion or Order Filing 4651 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PDV Holding, Inc., Corporate Parent Petrleos de Venezuela, S.A., Corporate Parent CITGO Holding, Inc. for Citgo Petroleum Corporation, Citgo Petroleum Corporation, Citgo Petroleum Corporation, Citgo Petroleum Corporation, Citgo Petroleum Corporation. Document filed by Citgo Petroleum Corporation, Citgo Petroleum Corporation.Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB, 1:07-cv-10470-VSB, 1:14-cv-01014-VSB, 1:14-cv-06228-VSB-DCF.(Hanebutt, Pamela)
October 6, 2021 Opinion or Order Filing 4652 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. So Ordered. (Signed by Judge Vernon S. Broderick on 10/6/2021) Filed In Associated Cases: 1:00-cv-01898-VSB et al. (js)
October 6, 2021 Opinion or Order Filing 4650 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PDV Holding, Inc., Corporate Parent Petroleos de Venezuela, S.A., Corporate Parent CITGO Holding, Inc. for Citgo Petroleum Corp.. Document filed by Citgo Petroleum Corp..Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB, 1:07-cv-10470-VSB, 1:14-cv-01014-VSB, 1:14-cv-06228-VSB-DCF.(Hanebutt, Pamela) Modified on 10/6/2021 (lb).
October 6, 2021 Opinion or Order Filing 4649 ORDER APPROVING WITHDRAWAL OF APPEARANCE in case 1:14-cv-06228-VSB-DCF; granting (4648) Motion to Withdraw as Attorney. Attorney Richard Cartier Godfrey and Richard C Godfrey P C terminated in case 1:00-cv-01898-VSB. The Motion for Withdrawal of Appearance of Richard C. Godfrey as counsel of record for Defendants BP America Inc., BP Holdings North America Limited, BP p.l.c., BP Products North America Inc., BP West Coast Products LLC, under Local Civil Rule 1.4, is hereby GRANTED.SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/5/21) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (yv)
October 6, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Pamela Reasor Hanebutt to RE-FILE Document 4650 Rule 7.1 Corporate Disclosure Statement,,. ERROR(S): Corporate Parents were only added to (00-cv-01898). Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). NOTE: YOU MUST SELECT THE FILER FOR EACH INDIVIDUAL CASE. (lb)
October 4, 2021 Opinion or Order Filing 4648 MOTION for Richard C. Godfrey to Withdraw as Attorney . Document filed by BP America, Inc., BP Holdings North America Limited, BP Products North America, Inc., BP West Coast Products LLC, BP p.l.c.. (Attachments: # 1 Text of Proposed Order Proposed Order).(Godfrey P C, Richard)
October 1, 2021 Opinion or Order ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. (688 in 1:14-cv-06228-VSB-DCF) Notice of Voluntary Dismissal, was reviewed and referred to Judge Vernon S. Broderick for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB, 1:07-cv-10470-VSB, 1:14-cv-01014-VSB, 1:14-cv-06228-VSB-DCF(dt)
October 1, 2021 Opinion or Order Filing 4647 DECLARATION of Stephen Wolfe in Support re: 4644 MOTION to Dismiss the Second Amended Complaint.. Document filed by Lukoil Pan Americas, LLC..(Sorkin, Joseph)
October 1, 2021 Opinion or Order Filing 4646 DECLARATION of Anatoly Martynov in Support re: 4644 MOTION to Dismiss the Second Amended Complaint.. Document filed by PJSC LUKOIL..(Sorkin, Joseph)
October 1, 2021 Opinion or Order Filing 4645 MEMORANDUM OF LAW in Support re: 4644 MOTION to Dismiss the Second Amended Complaint. . Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL..(Sorkin, Joseph)
October 1, 2021 Opinion or Order Filing 4644 MOTION to Dismiss the Second Amended Complaint. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL..(Sorkin, Joseph)
October 1, 2021 Opinion or Order Filing 4643 AMENDED ANSWER to (175 in 1:14-cv-06228-VSB-DCF) Amended Complaint,,,,,,,,,,,,,,. Document filed by Puerto Rico Sun Oil Company, LLC, Sunoco, Inc., ETP Holdco Corporation, Energy Transfer Partners, L.P., Sun Company Inc, Sunoco Partners Marketing & Terminals L.P., Sunoco, Inc., Sunoco, Incorporated (R&M). Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-01014-VSB, 1:14-cv-06228-VSB-DCF.(Zorn, Graham)
October 1, 2021 Opinion or Order Filing 4642 SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Energy Transfer LP for ETP Holdco Corporation, Energy Transfer Partners, L.P., Sun Company Inc, Sunoco Partners Marketing & Terminals L.P., Sunoco, Inc., Sunoco, Incorporated (R&M). Document filed by ETP Holdco Corporation, Energy Transfer Partners, L.P., Sun Company Inc, Sunoco Partners Marketing & Terminals L.P., Sunoco, Inc., Sunoco, Incorporated (R&M).Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF.(Zorn, Graham)
October 1, 2021 Opinion or Order Filing 4641 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against All Defendants. Document filed by Getty Properties Corp...(Dean, Susan)
October 1, 2021 Opinion or Order Filing 4640 NOTICE OF APPEARANCE by Susan Marie Dean on behalf of Getty Properties Corp...(Dean, Susan)
October 1, 2021 Opinion or Order Filing 4639 AMENDED ANSWER to. Document filed by CITGO International, Inc., Citgo International P.R., Citgo Petroleum Corp., Citgo Refining & Chemicals Co L P. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB, 1:07-cv-10470-VSB, 1:14-cv-01014-VSB, 1:14-cv-06228-VSB-DCF.(Hanebutt, Pamela)
October 1, 2021 Opinion or Order Filing 4638 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) John and Jane Does 1-500, John and Jane Does Nos. 501-1000. Document filed by CITGO International, Inc., Citgo Refining and Chemical Company, L.P., Citgo Petroleum Corp., PDV Midwest Refining, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB, 1:07-cv-10470-VSB, 1:14-cv-01014-VSB, 1:14-cv-06228-VSB-DCF.(Hanebutt, Pamela)
October 1, 2021 Opinion or Order Filing 4637 AMENDED ANSWER to. Document filed by Chevron Corporation, Chevron Estrella Puerto Rico, Inc., Chevron International Oil Company, Inc., Chevron Puerto Rico, LLC, Chevron U.S.A., Inc., Four Star Oil and Gas Company, Kewanee Industries, Inc., TRMI-H LLC, Texaco, Inc., Union Oil Company of California, Unocal Corporation..(Anderson, Jeremiah)
October 1, 2021 Opinion or Order Filing 4636 STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANT TRANSMONTAIGNE PRODUCT SERVICES, LLC TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and among the attorneys for the undersigned parties to this action, that the time for defendant Transmontaigne Product Services, LLC to answer, move or otherwise respond to the Second Amended Complaint filed in this action is continued to and including November 30, 2021. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/01/2021) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (ama)
October 1, 2021 Opinion or Order ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 4638 Notice of Voluntary Dismissal was reviewed and referred to Judge Vernon S. Broderick for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
September 30, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 1/14/2022 Replies due by 2/18/2022. Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(kv)
September 30, 2021 Opinion or Order Filing 4635 ORDER granting (679) Letter Motion for Leave to File Excess Pages in case 1:14-cv-06228-VSB-DCF; granting (4632) Letter Motion for Leave to File Excess Pages in case 1:00-cv-01898-VSB. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 9/30/2021) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (kv)
September 30, 2021 Opinion or Order Filing 4634 STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS COASTAL EAGLE POINT OIL COMPANY, EL PASO MERCHANT ENERGY- PETROLEUM COMPANY, KINDER MORGAN TRANSMIX COMPANY, LLC F/K/A BUCKEYE REFINING COMPANY, LLC AND KINDER MORGAN, INC. TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and among the attorneys for the undersigned parties to this action, that the time for defendants El Paso Merchant Energy Petroleum Company, Coastal Eagle Point Oil Company, Kinder Morgan Transmix Company, LLC F/K/A Buckeye Refining Company, LLC, and Kinder Morgan, Inc. to answer, move or otherwise respond to the Second Amended Complaint filed in this action is continued to and including October 29, 2021. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/30/2021) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (kv)
September 30, 2021 Opinion or Order Filing 4633 STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS MARATHON PETROLEUM COMPANY LP, MARATHON PETROLEUM CORPORATION, MARATHON OIL CORPORATION, AND WILCOHESS LLC TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and among the attorneys for the undersigned parties to this action, that the time for defendants Marathon Petroleum Company LP, Marathon Petroleum Corporation, Marathon Oil Corporation, and WilcoHess LLC to answer, move or otherwise respond to the Second Amended Complaint filed in this action is continued to and including November 3, 2021. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/30/2021) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (kv)
September 29, 2021 Opinion or Order Filing 4632 LETTER MOTION for Leave to File Excess Pages addressed to Judge Vernon S. Broderick from Joseph L. Sorkin dated September 29, 2021. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL.Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF.(Sorkin, Joseph)
September 28, 2021 Opinion or Order Filing 4631 PROPOSED STIPULATION AND ORDER. Document filed by Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Kinder Morgan Energy Partners, L.P...(Siachos, Peter)
September 22, 2021 Opinion or Order Filing 4630 STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANT HARTREE PARTNERS LP TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and among the attorneys for the undersigned parties to this action, that the time for defendant Hartree Partners LP to answer, move or otherwise respond to the Second Amended Complaint filed in this action is continued to and including November 30, 2021. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/22/2021) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (rro)
September 1, 2021 Opinion or Order Filing 4629 ORDER granting (816) Motion to Withdraw as Attorney; granting (4628) Motion to Withdraw as Attorney. The motion to withdraw the appearance of Justin J. Arenas as counsel of record for Plaintiffs The Commonwealth of Puerto Rico and the Commonwealth of Puerto Rico through the Environmental Quality Board, pursuant to Local Civil Rule 1.4 of the Local Rules of this Court, it is hereby GRANTED. SO ORDERED. Attorney Justin J Arenas terminated in case 1:07-cv-10470-VSB;Attorney Justin J Arenas terminated in case 1:00-cv-01898-VSB. (Signed by Judge Vernon S. Broderick on 8/31/2021) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:07-cv-10470-VSB (kv)
August 31, 2021 Opinion or Order Filing 4628 MOTION for Justin J. Arenas to Withdraw as Attorney . Document filed by Commonwealth of Puerto Rico, Commonwealth of Puerto Rico Through The Environmental Quality Board. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:07-cv-10470-VSB.(Dema, John)
August 2, 2021 Opinion or Order Filing 4627 OPINION AND ORDER re: (243 in 1:14-cv-06228-VSB-DCF) MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim. filed by Lukoil Americas Corporation, (237 in 1:14-cv-06228-VSB-DCF) MOTION to Dismiss Count VI, Count VII, Count IX, and Count III (Nuisance). filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation. For the foregoing reason, the pending motions are GRANTED IN PART and DENIED IN PART. LAC's motion to dismiss for lack of personal jurisdiction is DENIED, but its motion to dismiss for failure to state a claim is GRANTED, and all claims against LAC are DISMISSED. Certain Defendants' motion to dismiss Count III for a public nuisance claim and Counts VI and VII, under the UTPCPL, is GRANTED. Counts III, VI, and VII against Pennzoil-Quaker State Company and LAC are also DISMISSED. However, Certain Defendants' motion to dismiss Count IX, the Commonwealth's claim under the STSPA, is DENIED. Certain Defendants are directed to file an answer within sixty (60) days of this Opinion & Order. The Clerk of Court is respectfully directed to terminate the motions at docket entries 237 and 243. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/2/2021) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (kv) Modified on 8/3/2021 (kv).
July 12, 2021 Opinion or Order Filing 4626 ORDER granting 4623 Motion for Erin Reynolds to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
June 4, 2021 Opinion or Order Filing 4625 MEMORANDUM OF LAW in Opposition re: (609 in 1:08-cv-00312-VSB-DCF) MOTION to Dismiss . . Document filed by New Jersey Department of Environmental Protection, The Commissioner of the New Jersey Department of Environmental Protection. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 part 1 of 4, # 3 Exhibit 2 part 2 of 4, # 4 Exhibit 2 part 3 of 4, # 5 Exhibit 2 part 4 of 4, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF.(Kaufmann, Leonard)
June 3, 2021 Opinion or Order Filing 4624 ORDER FOR FEES RELATED TO THE SETTLEMENTS WITH DEFENDANT GETTY PROPERTIES CORP., with DEFENDANT TOTAL PETROCHEMICALS & REFINING USA, INC. and with all parties related to the H.P. DELTA TRIAL SITE re: (4622 in 1:00-cv-01898-VSB, 614 in 1:08-cv-00312-VSB-DCF) Proposed Order, filed by New Jersey Department of Environmental Protection, The New Jersey Department of Environmental Protection, The Administrator of New Jeresey Spill Compensation Fund, The Commissioner of the New Jersey Department of Environmental Protection. IT IS on this 3rd day of June, 2021 herebyORDERED as follows:1. Special Counsel shall be and herby is entitled to a fee of fifteen percent (15%) of the net recoveries referenced above said amount being two million, four hundred and thirty thousand, eight hundred and sixty five dollars and forty one cents ($2,430,865.41). The Court finds such fee to be reasonable and in accordance with Rule 1:21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. 2. Plaintiffs shall pay said amount to Special Counsel forthwith. 3. A copy of the within Order shall be served upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/3/2021) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (kv) Transmission to Finance Unit (Cashiers) for processing.
May 20, 2021 Opinion or Order Filing 4623 MOTION for Erin Reynolds to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24567867. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Atlantic Richfield Company, Atlantic Richfield Company, BP America, Inc., BP Amoco Chemical Company,, BP Holdings North America Limited, BP Products North America, Inc.(formerly known as Amoco Oil Company), BP Products North America, Inc., BP West Coast Products LLC, BP p.l.c.. (Attachments: # 1 Affidavit, # 2 Certificate of Admission, # 3 Text of Proposed Order).(Reynolds, Erin)
May 20, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4623 MOTION for Erin Reynolds to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24567867. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
May 6, 2021 Opinion or Order Filing 4622 PROPOSED ORDER. Document filed by New Jersey Department of Environmental Protection, The Administrator of Ne w Jeresey Spill Compensation Fund, The Commissioner of the New Jersey Department of Environmental Protection, The New Jersey Department of Environmental Protection..(Kaufmann, Leonard) Proposed Order to be reviewed by Clerk's Office staff.
May 6, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 4622 Proposed Order, was reviewed and approved as to form. (dt)
April 27, 2021 Opinion or Order Filing 4621 ORDER granting 4618 Motion for Thomas J. Leahy to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
April 27, 2021 Opinion or Order Filing 4620 ORDER in case 1:14-cv-06228-VSB-DCF; granting (4609) Motion for Ellen L. Pierce to Appear Pro Hac Vice in case 1:00-cv-01898-VSB (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (msa)
April 27, 2021 Opinion or Order Filing 4619 ORDER granting 4612 Motion for Anne J. Hudson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
March 26, 2021 Opinion or Order Filing 4618 MOTION for Thomas J. Leahy to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Atlantic Richfield Company, BP America, Inc., BP Amoco Chemical Company,, BP Holdings North America Limited, BP Products North America, Inc., BP West Coast Products LLC, BP p.l.c.. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Text of Proposed Order).(Leahy, Thomas James)
March 26, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4618 MOTION for Thomas J. Leahy to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 25, 2021 Opinion or Order Filing 4617 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas J. Leahy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-24305874. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Atlantic Richfield Company, BP America, Inc., BP Amoco Chemical Company,, BP Holdings North America Limited, BP Products North America, Inc., BP West Coast Products LLC, BP p.l.c.. (Attachments: # 1 Affidavit, # 2 Certificate of Admission, # 3 Text of Proposed Order).(Leahy, Thomas James) Modified on 3/25/2021 (wb).
March 25, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 4617 MOTION for Thomas J. Leahy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-24305874. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
March 16, 2021 Opinion or Order Filing 4616 STIPULATION: NOW COMES Gulf Oil Limited Partnership (GOLP), by and through counsel, and counsel for Plaintiff in the cases of New Jersey Department of Environmental Protection, et al. v. Atlantic Richfield Co., et al., No. 1:08-cv-0031, Commonwealth of Pennsylvania, etc. v. Exxon Mobil Corporation, et al., No. 1:14-cv-06228, and State of Maryland v. ExxonMobil Corp., et al., No. 1:18-CV-00459-SAG (D.Md.), and HEREBY STIPULATE AND AGREE as follows: 1. WHEREFORE GOLP admits, stipulates, and agrees that the spreadsheet titled "GOLP-NJDEP-024637_CONFIDENTIAL (per 2004 MDL 138 Order) - FOR OUTSIDE COUNSEL ONLY.XLSX," is authentic. 2. WHEREFORE GOLP stipulates and agrees that in all future proceedings in the cases listed in paragraph 8, above, it will not object to or otherwise purport that the spreadsheet "GOLP-NJDEP-024637_CONFIDENTIAL (per 2004 MDL 138 Order) - FOR OUTSIDE COUNSEL ONLY.XLSX," is inadmissible based on an objection to the "best evidence rule" or "failure to authenticate " under the Federal Rules of Evidence or any similar Federal or State rule or law. 3. WHEREFORE based on the representations made in the foregoing Declaration by Robert H. Silliman Jr. and the Stipulations made by GOLP, above, Plaintiff withdraws its objections to GOLP's Notice of Intent to Destroy the approximately 600 Boxes of paper records containing only bills of lading and daily folio files from the Linden and Woodbury Terminals, referenced above. (Signed by Judge Vernon S. Broderick on 3/16/2021) (nb)
March 12, 2021 Opinion or Order Filing 4615 PROPOSED STIPULATION AND ORDER. Document filed by Gulf Oil Limited Partnership..(Higgins, Chad)
February 24, 2021 Opinion or Order Filing 4614 ORDER OF DISMISSAL AS TO DEFENDANT TOTAL PETROCHEMICALS & REFINING USA: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and Defendant TOTAL PETROCHEMICALS & REFINING USA, INC. only, the matter as to TOTAL PETROCHEMICALS & REFINING USA, INC. only shall be and hereby is dismissed with prejudice, with each side to bear its own costs. INC. ONLY Total Petrochemicals & Refining U S A Inc (formerly known as Total Petrochemicals U S A Inc formerly known as Atofina Petrochemicals Inc formerly known as Fina Oil & Chemical Co. formerly known as American Petrofina Co of Texas) terminated. (Signed by Judge Vernon S. Broderick on 2/24/2021) (cf)
February 24, 2021 Opinion or Order Filing 4613 ORDER OF DISMISSAL AS TO DEFENDANT GETTY PROPERTIES CORP. ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and Defendant GETTY PROPERTIES CORP. only, the matter as to GETTY PROPERTIES CORP. only shall be and hereby is dismissed with prejudice, with each side to bear its own costs. Getty Properties Corp. terminated. (Signed by Judge Vernon S. Broderick on 2/24/2021) (cf)
February 23, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4612 MOTION for Anne J. Hudson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24031900. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
February 22, 2021 Opinion or Order Filing 4612 MOTION for Anne J. Hudson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24031900. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Atlantic Richfield Company, BP America, Inc., BP Amoco Chemical Company,, BP Holdings North America Limited, BP Products North America, Inc.(formerly known as Amoco Oil Company), BP West Coast Products LLC, BP p.l.c.. (Attachments: # 1 Affidavit, # 2 Certificate of Admission, # 3 Text of Proposed Order).(Hudson, Anne)
February 22, 2021 Opinion or Order Filing 4611 PROPOSED ORDER. Document filed by New Jersey Department of Environmental Protection, The Administrator of Ne w Jeresey Spill Compensation Fund, The Commissioner of the New Jersey Department of Environmental Protection, The New Jersey Department of Environmental Protection..(Kaufmann, Leonard) Proposed Order to be reviewed by Clerk's Office staff.
February 22, 2021 Opinion or Order Filing 4610 PROPOSED ORDER. Document filed by New Jersey Department of Environmental Protection, The Administrator of Ne w Jeresey Spill Compensation Fund, The Commissioner of the New Jersey Department of Environmental Protection, The New Jersey Department of Environmental Protection..(Kaufmann, Leonard) Proposed Order to be reviewed by Clerk's Office staff.
February 22, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 4611 Proposed Order 4610 Proposed Order was reviewed and approved as to form. (km)
February 11, 2021 Opinion or Order Filing 4609 MOTION for Ellen L. Pierce to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-23902020. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lukoil Americas Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO GETTY PETROLEUM MARKETING INC.), Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: # 1 Certificate of Good Standing)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF.(Pierce, Ellen)
February 11, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (4609 in 1:00-cv-01898-VSB, 600 in 1:14-cv-06228-VSB-DCF) MOTION for Ellen L. Pierce to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-23902020. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(wb)
January 22, 2021 Opinion or Order Filing 4608 NOTICE of Withdrawal of Counsel Katherine M. Katchen. Document filed by Lukoil Americas Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO GETTY PETROLEUM MARKETING INC.), Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF.(Sorkin, Joseph)
January 22, 2021 Opinion or Order Filing 4607 NOTICE OF APPEARANCE by Anne Morrill Evans on behalf of Lukoil Americas Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO GETTY PETROLEUM MARKETING INC.), Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF.(Evans, Anne)
January 22, 2021 Opinion or Order Filing 4606 NOTICE OF APPEARANCE by Joseph Lee Sorkin on behalf of Lukoil Americas Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO GETTY PETROLEUM MARKETING INC.), Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF.(Sorkin, Joseph)
January 13, 2021 Opinion or Order Filing 4605 STIPULATION RELATED TO SETTLEMENT as to TOTAL PETROCHEMICALS & REFINING USA, INC. ONLY: THEREFORE, in response to the Court's decision and theprevious objections of the non-settling defendants, plaintiffsstipulate and agree as follows:Plaintiffs agree to reduce any judgment, and ifnecessary, agree not to seek to collect or to collect in thislitigation, captioned New Jersey Department of EnvironmentalProtection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312(S.D.N.Y.), or in any subsequent judicial, administrative orother action that arises as a result of the claims assertedin this litigation, any portion of any judgment under the NewJersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the factfinder in this action to Total P&R based on its percentage ofrelative fault. Plaintiffs further agree that in any trial ofthis action, the trier of fact shall determine Total P&R'spercentage of relative fault for Spill Act claims in the samemanner and in the same form of trial verdict as for commonlaw claims and as for all other defendants, as if Total P&Rhad remained a non-settling defendant.Except as provided in paragraph 1 above, thisStipulation is strictly limited to the Total P&R Settlementin this litigation and in no other way limits or reduces theliability of any responsible party.This Stipulation is expressly contingent and effectiveonly upon the approval by the Court of the Total P&RSettlement. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/12/2021) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)
January 12, 2021 Opinion or Order Filing 4604 JUDICIAL CONSENT ORDER AS TO TOTAL PETROCHEMICALS & REFINING USA, INC. ONLY: THEREFORE, with the consent of the Parties to this JCO, it is hereby ORDERED and ADJUDGED: This JCO applies to, and is binding upon, the Plaintiffs and the named Settling Defendant, as defined below (each, a "Party" and collectively, the "Parties"). (a) Within fourteen (14) Days after the effective date of this JCO, Total shall pay, or cause to be paid on its behalf, to the Plaintiffs the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00) in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO. Nothing in this JCO shall be deemed to constitute preauthorization of a claim against the Spill Fund within the meaning of N.J.S.A. 58:10-23.llk. or N.J.A.C. 7:1J. The effective date of this JCO shall be the date upon which this JCO is entered by the Court. The Settling Defendant shall comply with the provisions of the March 15, 2005 Order for Preservation of Documents entered in this matter for so long as required under the terms of that Order. The Settling Defendant consents to the entry of this JCO without further notice after the comment period specified in Paragraphs 18 and 19 above. Upon conclusion of the Plaintiffs' review of any public comment(s) received as a result of the notice described in Paragraphs 18 and 19 above, the Plaintiffs shall promptly submit this JCO to the Court for entry. Within thirty days of the Plaintiffs' receipt of payment as set forth in Section V above, Plaintiffs shall request that the Court dismiss this Complaint as to Total with prejudice pursuant to Fed. R. Civ. P. 41 (a) (2). The Parties to this JCO agree that it was negotiated fairly between them at arms' length and that the final terms of this JCO shall be deemed to have been jointly and equally drafted by them, and that the provisions of this JCO therefore should not be construed against a Party to it on the grounds that the Party drafted or was more responsible for drafting the provision(s) and further set forth in this Order. (Signed by Judge Vernon S. Broderick on 1/12/2021) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)
January 12, 2021 Opinion or Order Filing 4603 ORDER granting 4591 Motion for Rachel B. Haig to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
December 29, 2020 Opinion or Order Filing 4602 CLERK'S JUDGMENT re: 4601 Order on Motion for Miscellaneous Relief in favor of Total Petroleum Puerto Rico Corporation against American Distilling & Manufacturing Co., Inc., Buchanan County School Board, Capital Credit Union, Chisholm Creek Utility Authority, Citrus Heights Water District, City of Bel Aire, City of Breaux Bridge, City of Dodge City, Kansas, City of Fresno, California, City of Galva, City of Ida Grove, City of Kennett, City of Lawrence, City of Lowell Massachusetts, City of Manning, City of Merced Redevelopment Agency, City of Mishawaka, City of NY, City of Park City, Kansas, City of Pattonsburg, City of Portageville, Missouri, City of Riverside, City of Rockport, City of Sacramento, City of South Bend, Indiana, Coffey Insurance Services, County of Nassau, Craftsbury Fire District # 2, Crescenta Valley Water District, Del Paso Manor Water District, Don-Bar, Inc., Emerald Coast Utilities Authority, Fair Oaks Water District, Fallston Properties, L.L.C., Florin Resource Conservation District, Greensville Country Water & Sewer Authority, County of Greensville, Harborside Village Cooperative Corporation, Hinesburg, Town of, Incorporated Village of Sands Point, M & P Silver Family Partners II New Jersey American Water Company, Inc., New Jersey Department of Environmental Protection, North Newton School Corporation, Northampton Bucks County Municipal Authority, Our Lady of the Rosary Chapel, Patrick County School Board, Port Washington Water District, RIGR Realty, LLC, RPI Blueberry, LLC, Rio Linda Elverta Community Water District, Sacramento County Water Agency, Sacramento Goundwater Authority, Sacramento Suburban Water District, San Juan Water District, Sioux City, City of, St. Mark Coptic Orthodox Church, St. Nicholas Parish, The Administrator of Ne w Jeresey Spill Compensation Fund, The City of New York, The Commissioner of New Jersey Motor Vehicle Services, The Commissioner of the New Jersey Department of Environmental Protection, The Commonwealth of Pennsylvania, The Commonwealth of Puerto Rico, The Commonwealth of Puerto Rico through the Environmental Quality Board, The New Jersey Department of Environmental Protection, The People of the State of California, The Water Board, Town Of Duxbury, Town of Billerica, et al., Town of Brewster, Town of Campbellsburg, Indiana, Town of East Hampton, Town of Freedom, Town of Hartland, Town of Hopkinton, Town of Marksville, Town of Matoaka, West Virginia, Matoaka Water System, Town of Middleborough, Town of Rayville, United Water CT Inc., Water Authority of Great Neck North, Water Finance Agency, rEVO Biologics, Inc., Carl G. Morgan, Edith Quick, Hope Koch, Melanie J. Arcure, Robert O'Brien. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated December 28, 2020, and having considered the recently filed Joint Motion for Voluntary Dismissal With Prejudice Under Fed. R. Civ. P. 41(a)(2) as to Total Petroleum Puerto Rico Corp. it is hereby: ORDERED Total Petroleum Puerto Rico Corp. is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2), and, there being no just reason for delay, final judgment is entered dismissing all claims against that defendant in case nos. 07 Civ. 10470 and 14 Civ. 1014. Each Party to bear its own costs. (Signed by Clerk of Court Ruby Krajick on 12/29/2020) (Attachments: # 1 Right to Appeal) (km)
December 28, 2020 Opinion or Order Filing 4601 ORDER granting 4597 Motion. Having considered the recently filed Joint Motion for Voluntary Dismissal With Prejudice Under Fed. R. Civ. P. 41(a)(2) as to Total Petroleum Puerto Rico Corp. it is hereby: ORDERED Total Petroleum Puerto Rico Corp. is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2), and, there being no just reason for delay the Clerk of Court is directed to enter final judgment dismissing all claims against that defendant in case nos. 07 Civ. 10470 and 14 Civ. 01014. Each Party to bear its own costs. (Signed by Judge Vernon S. Broderick on 12/28/2020) (nb) Transmission to Orders and Judgments Clerk for processing.
December 17, 2020 Opinion or Order Filing 4600 JUDICIAL CONSENT ORDER AS TO DEFENDANT GETTY PROPERTIES CORP. ONLY: THEREFORE, with the consent of the Parties to this JCO, it is hereby ORDERED and ADJUDGED: This JCO applies to, and is binding upon, the Plaintiffs and the named Settling Defendant, as defined below (each, a "Party" and collectively, the "Parties"). Within fourteen (14) Days after the effective date of this JCO, GPC shall pay, or cause to be paid on its behalf, to the Plaintiffs Thirteen Million Five Hundred Thousand Dollars ($13,500,000.00) (the "Settlement Payment") in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO. The amount specified in Paragraph 5(a) above shall be paid by wire transfer pursuant to instructions provided by Plaintiffs. Notice of payment shall be emailed to: John Sacco, Director/StateForester, New Jersey Department of Environmental Protection atJohn.Sacco@dep.nj.gov; David E. Haymes, Administrator, SpillCompensation Fund, New Jersey Department of EnvironmentalProtection at David.Haymes@dep.nj.gov and to Gary Wolf, SectionChief, Environmental Enforcement and Environmental Justice Section, Division of Law, Department of Law and Public Safety atGary.Wolf@law.njoag.gov or such other persons as Plaintiffs maydesignate. Nothing contained in this JCO shall be considered an admissionby the Settling Defendant, or a finding by the Plaintiffs or thisCourt, of any wrongdoing or liability on the Settling Defendant'spart. The Effective Date of this JCO shall be the date upon whichthis JCO is entered by the Court. The Parties to this JCO agree that it was negotiated fairlybetween them at arms' length and that the final terms of this JCOshall be deemed to have been jointly and equally drafted by them,and that the provisions of this JCO therefore should not beconstrued against a Party to it on the grounds that the Partydrafted or was more responsible for drafting the provision(s) and further set forth in this Order. (Signed by Judge Vernon S. Broderick on 12/17/2020) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)
December 17, 2020 Opinion or Order Filing 4599 STIPULATION RELATED TO SETTLEMENT as to GETTY PROPERTIES CORP. ONLY: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the fact finder in this action to GPC based on its percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine GPC's percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if GPC had remained a non-settling defendant. Except as provided in paragraph 1 above, this Stipulation is strictly limited to the GPC in this litigation and in no other way limits or reduces the liability of any responsible party. This Stipulation is expressly contingent and effective only upon the approval by the Court of the GPC Settlement. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/17/2020) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)
December 3, 2020 Opinion or Order Filing 4598 PROPOSED STIPULATION AND ORDER. Document filed by New Jersey Department of Environmental Protection..(Kaufmann, Leonard)
December 3, 2020 Opinion or Order Filing 4597 JOINT MOTION for Voluntary Dismissal with Prejudice Under Fed. R. Civ. P. 41(a)(2) as to Total Petroleum Puerto Rico Corp. and Request for Entry of Partial Judgment. Document filed by Commonwealth of Puerto Rico. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:07-cv-10470-VSB, 1:14-cv-01014-VSB.(Dema, John)
December 3, 2020 Opinion or Order Filing 4596 PROPOSED CONSENT ORDER. Document filed by New Jersey Department of Environmental Protection. (Attachments: # 1 Exhibit Exhibits1 of 4, # 2 Exhibit Exhibits 2 of 4, # 3 Exhibit Exhibits 3 of 4, # 4 Exhibit Exhibits 4 of 4).(Kaufmann, Leonard)
November 24, 2020 Opinion or Order Filing 4595 ORDER MOTION FOR PRO HAC VICE granting (565) Motion for Caleb J. Holmes to Appear Pro Hac Vice in case 1:14-cv-06228-VSB-DCF. (Signed by Magistrate Judge Debra C. Freeman on 11/24/2020) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (jwh)
November 4, 2020 Opinion or Order Filing 4594 ORDER granting 4592 Motion to Withdraw as Attorney. The motion to withdraw the appearance of Nathan P. Short as counsel of record for Plaintiffs New Jersey Department of Environmental Protection, The Commissioner of the New Jersey Department of Environmental Protection, The Administrator of the New Jersey Spill Compensation Fund, The Commonwealth of Puerto Rico and the Commonwealth of Puerto Rico through the Environmental Quality Board, pursuant to Local Civil Rule 1.4 of the Local Rules of this Court, it is hereby GRANTED (Signed by Judge Vernon S. Broderick on 11/4/2020) (rro)
November 2, 2020 Opinion or Order Filing 4593 CASE MANAGEMENT ORDER NO. 126: WHEREAS, the parties are have been engaged in Non Site and Site Specific discovery and the Court has ordered that all fact and expert discovery be concluded by December 31, 2021. IT IS ORDERED AS FOLLOWS: NON-SITE SPECIFIC DISCOVERY: A. Written Discovery. Defendants' responses to Plaintiff's 6th, 7th, 8th, 9th and 10th sets of Interrogatories and/or Requests for Production of Documents, and Insurance Defendants responses to the 1st Set of Interrogatories and Requests for production of Documents to Insurance Defendants, shall be served by December 15, 2020, and as further set forth regarding Non-Site Specific Discovery. The depositions of Defendants 30 (b)(6) witnesses noticed by Plaintiff shall be completed on or before March 15, 2021, and as further set forth in this Case Management Order No. 126. This Case Management Order does not prohibit the parties from agreeing to individual extensions or modifications of the dates identified above, provided, however, that each stage of discovery shall be completed as of the dates set forth herein. So ordered. (Deposition due by 3/15/2021. Fact Discovery due by 12/31/2021. Expert Discovery due by 12/31/2021). (Signed by Magistrate Judge Debra C. Freeman on 11/2/2020) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (rjm)
October 30, 2020 Opinion or Order Filing 4592 MOTION for Nathan P. Short to Withdraw as Attorney . Document filed by The Administrator of Ne w Jeresey Spill Compensation Fund, The Commissioner of the New Jersey Department of Environmental Protection, The Commonwealth of Puerto Rico, The Commonwealth of Puerto Rico through the Environmental Quality Board, The New Jersey Department of Environmental Protection. (Attachments: # 1 Text of Proposed Order).(Dema, John)
October 22, 2020 Opinion or Order Filing 4591 MOTION for Rachel B. Haig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22268422. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Atlantic Richfield Company, BP America, Inc., BP Amoco Chemical Company,, BP Holdings North America Limited, BP Products North America, Inc.(formerly known as Amoco Oil Company), BP West Coast Products LLC, BP p.l.c.. (Attachments: # 1 Exhibit 1 - R. Haig Certificate of Good Standing, # 2 Exhibit 2 - Declaration, # 3 Exhibit 3 - Proposed Order).(Haig, Rachel)
October 22, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4591 MOTION for Rachel B. Haig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22268422. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
July 30, 2020 Opinion or Order Filing 4590 ORDER: It is hereby: ORDERED that the dispute regarding allocation of recoveries is referred to Magistrate Judge Freeman. IT IS FURTHER ORDERED that the parties submit any supplemental letter motions on the issue of Court review of future settlements by August 15, 2020. (Signed by Judge Vernon S. Broderick on 7/30/2020) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (rro).
June 22, 2020 Opinion or Order Filing 4589 ORDER GRANTING PETITION TO CONFIRM ATTORNEYS' FEE AND EXPENSES: The Petition to Confirm Attorneys' Fee and Expenses ("Petition") is granted and this Court confirms that the fee and expense reimbursements set forth in the Petition conform to Pennsylvania Rules of Professional Conduct 1.5(a) and (c) with respect to the current recoveries of $1,525,000 from settlements in this case with Defendants Duke Energy Merchants, LLC, Vitol S.A., Inc., and Western Refining Yorktown, Inc. IT IS SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/22/2020) (kv) Transmission to Finance Unit (Cashiers) for processing.
May 8, 2020 Opinion or Order Filing 4588 ORDER FOR FEES RELATED TO THE SETTLEMENT WITH DEFENDANTS GETTY PETROLEUM MARKETING, INC.; LUKOIL AMERICAS CORPORATION individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing Inc., Lukoil North America LLC and/or Lukoil Oil Company; LUKOIL NORTH AMERICA LLC, individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing, Inc., Lukoil Americas Corporation and/or OAO Lukoil; LUKOIL OIL COMPANY, a/k/a OAO Lukoil a/k/a Public Joint Stock Company Oil Company LUKOIL a/k/a PJSC Oil Company Lukoil, individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing Inc., Lukoil Americas Corporation and/or Lukoil North America LLC; LUKOIL PAN AMERICAS, LLC, and certain dividends and distributions related to defendant LYONDELL: IT IS on this 8th day of May, 2020 hereby ORDERED as follows: 1. Special Counsel shall be and herby is entitled to a fee of fifteen percent (15%) of the net recoveries referenced above- said amount being three million, two hundred and twenty-eight thousand, nine hundred and eighty seven dollars and twelve cents ($3,228,987.12). The Court finds such fee to be reasonable and in accordance with Rule 1:21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. 2. Plaintiffs shall pay said amount to Special Counsel forthwith. 3. A copy of the within Order shall be served upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/8/2020) (rro)
April 15, 2020 Opinion or Order Filing 4587 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ETC Sunoco Holdings, LLC, Corporate Parent Energy Transfer Operating L.P. for Sunoco Inc, Sunoco Inc (R & M). Document filed by Sunoco Inc, Sunoco Inc (R & M)..(Krainin, Daniel)
April 15, 2020 Opinion or Order Filing 4586 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ETC Sunoco Holdings, LLC, Corporate Parent Energy Transfer Operating L.P. for Sun Company, Inc., Sunoco Inc, Sunoco Inc (R & M). Document filed by Sun Company, Inc., Sunoco Inc, Sunoco Inc (R & M)..(Krainin, Daniel)
April 2, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel Mark Krainin to RE-FILE Document 4584 Rule 7.1 Corporate Disclosure Statement, 4585 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). NOTE: DO NOT SPREAD TEXT. Re-file in each case individually, where filing errors were received. (ldi)
April 1, 2020 Opinion or Order Filing 4585 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ETC Sunoco Holdings, LLC, Corporate Parent Energy Transfer Operating L.P. for Puerto Rico Sun Oil Company LLC, Sunoco, Inc., Sunoco, Inc. (R&M). Document filed by Puerto Rico Sun Oil Company LLC, Sunoco, Inc., Sunoco, Inc. (R&M).Filed In Associated Cases: 1:00-cv-01898-VSB, 1:07-cv-10470-VSB, 1:14-cv-01014-VSB.(Krainin, Daniel) Modified on 4/2/2020 (ldi).
April 1, 2020 Opinion or Order Filing 4584 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ETC Sunoco Holdings, LLC, Corporate Parent Energy Transfer Operating L.P. for ETP Holdco Corporation, Energy Transfer Partners, L.P., Sun Company Inc, Sunoco, Inc., Sunoco, Incorporated (R&M). Document filed by ETP Holdco Corporation, Energy Transfer Partners, L.P., Sun Company Inc, Sunoco, Inc., Sunoco, Incorporated (R&M).Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF.(Krainin, Daniel) Modified on 4/2/2020 (ldi).
March 30, 2020 Opinion or Order Filing 4583 JUDICIAL CONSENT ORDER AS TO GETTY PETROLEUM MARKETING, INC.; LUKOIL AMERICAS CORPORATION individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing Inc., Lukoil North America LLC and/or Lukoil OilCompany; LUKOIL NORTH AMERICA LLC, individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing, Inc., Lukoil Americas Corporation and/or OAO Lukoil; LUKOIL OIL COMPANY, a/k/a OAO Lukoil a/k/a Public Joint Stock Company Oil Company LUKOIL a/k/a/PJSC Oil Company Lukoil, individually and as f/k/a, d/b/a and/or successor in liability to GettyPetroleum Marketing Inc., Lukoil Americas Corporation and/or Lukoil North America LLC; LUKOIL PAN AMERICAS, LLC ONLY:THEREFORE, with the consent of the Parties to this JCO,it is hereby ORDERED and ADJUDGED: Within fourteen (14) Days after the effective date of this JCO, GPMI and/or the Lukoil Defendants shall pay, or cause to be paid on their behalf, the Plaintiffs Twenty Two Million Dollars ($22,000,000.00) in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO. Nothing contained in this JCO shall be considered an admission by the Settling Defendants, or a finding by the Plaintiffs or this Court, of any wrongdoing or liability on the Settling Defendants' part. Within thirty days of the Plaintiffs' receipt of payment as set forth in Section V above, Plaintiffs shall request that the Court dismiss this Complaint as to GPMI and the Lukoil Defendants with prejudice pursuant to Fed. R. Civ. P. 41 (a) (2). The Parties to this JCO agree that it was negotiated fairly between them at arms' length and that the final terms of this JCO shall be deemed to have been jointly and equally drafted by them, and that the provisions of this JCO therefore should not be construed against a Party to it on the grounds that the Party drafted or was more responsible for drafting the provision(s) and further set forth in this Order. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/27/2020) (Attachments: # 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, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)
March 27, 2020 Opinion or Order Filing 4582 STIPULATION RELATED TO SETTLEMENT as to GETTY PETROLEUM MARKETING, INC.; LUKOIL AMERICAS CORPORATION individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing Inc., Lukoil North America LLC and/or Lukoil Oil Company; LUKOIL NORTH AMERICA LLC, individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing, Inc., Lukoil Americas Corporation and/or OAO Lukoil; LUKOIL OIL COMPANY, a/k/a OAO Lukoil a/k/a Public Joint Stock Company Oil Company LUKOIL a/k/a/PJSC Oil Company Lukoil, individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing Inc., Lukoil Americas Corporation and/or Lukoil North America LLC; LUKOIL PAN AMERICAS, LLC ONLY: THEREFORE, in response to the Court's decision and the previous objections of the non-settling defendants, plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the fact finder in this action to GPMI or the Lukoil Defendants based on their percentage of relative fault. Plaintiffs further agree that 1n any trial of this action, the trier of fact shall determine GPMI's and the Lukoil Defendants' percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if GPMI and the Lukoil Defendants had remained non-settling defendants. Except as provided in paragraph 1 above, this Stipulation is strictly limited to the Lukoil/GPMI Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. This Stipulation is expressly contingent and effective only upon the approval by the Court of the Lukoil /GPMI Settlement. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/27/2020) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)
March 5, 2020 Opinion or Order Filing 4581 ORDER granting 4577 Motion to Withdraw as Attorney. Attorney Stephen A. Corr terminated (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
March 5, 2020 Opinion or Order Filing 4580 ORDER FOR ADMISSION OF SUSAN M. RAZZANO TO PRACTICE PRO HAC VICE: IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Magistrate Judge Debra C. Freeman on 3/5/2020) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (kv)
March 5, 2020 Opinion or Order Filing 4579 LETTER addressed to Magistrate Judge Debra C. Freeman from Stephen A. Corr, Esq. dated March 5, 2020 re: Docketing Errors. Document filed by The Commonwealth of Pennsylvania.Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF.(Corr, Stephen)
March 5, 2020 Opinion or Order Filing 4578 ORDER terminating 4575 Letter Motion for Extension of Time to Answer, in light of so ordered stipulation filed at Dkt. 4576. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
February 24, 2020 Opinion or Order Filing 4577 MOTION for Stephen A. Corr to Withdraw as Attorney . Document filed by The Commonwealth of Pennsylvania. (Attachments: # 1 Exhibit A - Affidavit of Counsel)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF.(Corr, Stephen)
February 4, 2020 Opinion or Order Filing 4576 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until Friday, April 3, 2020 in which to answer, move or otherwise respond to the Fifth Amended Complaint. So Ordered. (Signed by Judge Vernon S. Broderick on 2/4/2020) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (js)
February 4, 2020 Opinion or Order Set/Reset Deadlines: Lukoil Americas Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO GETTY PETROLEUM MARKETING INC.) answer due 4/3/2020; Lukoil North America LLC answer due 4/3/2020; Lukoil Pan Americas, LLC answer due 4/3/2020. (js)
January 31, 2020 Opinion or Order Filing 4575 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated January 31, 2020. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: # 1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF.(Katchen, Katherine)
January 14, 2020 Opinion or Order Filing 4574 ORDER APPROVING WITHDRAWAL OF APPEARANCE re: (470 in 1:14-cv-06228-VSB-DCF) MOTION for Meredith C. Eilers to Withdraw as Attorney . filed by Cumberland Farms Inc.. The Motion for Withdrawal of Appearance of Meredith C. Eilers as counsel of record for Defendants Cumberland Farms, Inc. and Gulf Oil Limited Partnership, under Local Civil Rule 1.4, is hereby GRANTED. SO ORDERED. Attorney Meredith Christine Eilers terminated. (Signed by Magistrate Judge Debra C. Freeman on 1/14/2020) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(kv)
December 2, 2019 Opinion or Order Filing 4573 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and P JSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until Monday, February 3,2020 in which to answer, move or otherwise respond to the Fifth Amended Complaint. SO ORDERED. Motions terminated: (588 in 1:08-cv-00312-VSB, 4571 in 1:00-cv-01898-VSB) LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated November 27, 2019. filed by Lukoil North America LLC, PJSC LUKOIL, Lukoil Pan Americas, LLC, (4568 in 1:00-cv-01898-VSB, 583 in 1:08-cv-00312-VSB) LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated October 1, 2019. filed by Lukoil North America LLC, PJSC LUKOIL, Lukoil Pan Americas, LLC. (Signed by Judge Vernon S. Broderick on 12/2/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
December 2, 2019 Opinion or Order Set/Reset Deadlines: Getty Petroleum Corporation answer due 2/3/2020; Lukoil Americas Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO GETTY PETROLEUM MARKETING INC.) answer due 2/3/2020; Lukoil North America LLC answer due 2/3/2020; Lukoil Pan Americas, LLC answer due 2/3/2020; PJSC LUKOIL answer due 2/3/2020. (rro)
November 30, 2019 Opinion or Order Filing 4572 NOTICE OF DISMISSAL WITH PREJUDICE AS TO DEFENDANTS EXXON MOBIL CORPORATION, EXXONMOBIL OIL CORPORATION, SHELL OIL COMPANY, EOUILON ENTERPRISES LLC, AND TEXACO REFINING AND MARKETING INC. ONLY:PLEASE TAKE NOTICE that plaintiff Orange County Water District hereby dismisses all claims in this action as to defendants Exxon Mobil Corporation, ExxonMobil Oil Corporation, Shell Oil Company, Equilon Enterprises LLC, and Texaco Refining and Marketing Inc. only, with prejudice, with each side to bear their own costs and attorney's fees. SO ORDERED. (ExxonMobil Oil Corporation, Shell Oil Company, Equilon Enterprises L L C (doing business as Shell Oil Products U S other Equiva Services L L C) and Exxon Mobil Corporation, (individually) terminated.) (Signed by Judge Vernon S. Broderick on 11/30/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(rro) Modified on 12/2/2019 (rro).
November 27, 2019 Opinion or Order Filing 4571 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated November 27, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: # 1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
November 26, 2019 Opinion or Order Filing 4570 NOTICE of Dismissal With Prejudice as to Exxon Mobil Corporation, Exxonmobil Oil Corporation, Shell Oil Company, Equilon Enterprises, LLC, and Texaco Refining and Marketing Inc. Only. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(Axline, Michael)
October 2, 2019 Opinion or Order Filing 4569 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until Monday, December 2, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. (Signed by Judge Vernon S. Broderick on 10/2/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(mml)
October 2, 2019 Opinion or Order Set/Reset Deadlines: Getty Petroleum Marketing Inc. answer due 12/2/2019; Lukoil Americas Corporation (INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO GETTY PETROLEUM MARKETING INC.) answer due 12/2/2019; Lukoil Americas Corporation answer due 12/2/2019. (mml)
October 1, 2019 Opinion or Order Filing 4568 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated October 1, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: # 1 Stipulation and Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
September 30, 2019 Opinion or Order Filing 4567 OPINION & ORDER re: (563 in 1:08-cv-00312-VSB, 4529 in 1:00-cv-01898-VSB) MOTION to Remand to U.S. District Court, District of New Jersey filed by New Jersey Department of Environmental Protection. For the foregoing reasons, Plaintiffs' motion is DENIED and I decline to suggest that the Panel remand this action at this time. The parties are directed to submit a joint letter updating the court on the status of Phase II discovery by November 1, 2019. The Clerk of Court is respectfully directed to terminate the pending motion at Document 563. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/30/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
July 29, 2019 Opinion or Order Filing 4566 ORDER granting 4565 Letter Motion for Extension of Time to Answer. Lukoil Americas Corporation (INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO GETTY PETROLEUM MARKETING INC.). IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, newly-added Defendants Lukoil Notth America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil(collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until September 30, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. answer due 9/30/2019; Lukoil Americas Corporation answer due 9/30/2019; Lukoil North America LLC answer due 9/30/2019; Lukoil Pan Americas, LLC answer due 9/30/2019. (Signed by Judge Vernon S. Broderick on 7/29/2019) (js)
July 26, 2019 Opinion or Order Filing 4565 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated July 26, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: # 1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
May 30, 2019 Opinion or Order Filing 4564 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until July 29, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. SO ORDERED. Motions terminated: (578 in 1:08-cv-00312-VSB, 4563 in 1:00-cv-01898-VSB) LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated May 28, 2019. filed by Lukoil North America LLC, PJSC LUKOIL, Lukoil Pan Americas, LLC. (Signed by Judge Vernon S. Broderick on 5/30/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
May 28, 2019 Opinion or Order Filing 4563 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated May 28, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: # 1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
May 22, 2019 Opinion or Order Filing 4562 STIPULATION RELATED TO PENNVEST DOCUMENTS AND FILES: NOW, THEREFORE, THE PARTIES DO HEREBY STIPULATE AND AGREE PENNVEST is hereby relieved of its obligation to preserve all non-responsive documents, emails, correspondence or other file materials for purposes of this litigation. Going forward, PENNVEST will comply with Rule 26 as to all documents which come into PENNVEST's possession, custody or control which may be potentially responsive to discovery requests in the above litigation. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/22/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(rro)
May 17, 2019 Opinion or Order Filing 4561 MEMO ENDORSEMENT on ORDER APPROVING WITHDRAWAL OF APPEARANCE: granting 4560 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/17/2019) (ama)
May 16, 2019 Opinion or Order Filing 4560 MOTION for Susan V. Watson to Withdraw as Attorney . Document filed by Equilon Enterprises L L C, Motiva Enterprises L L C, Shell Oil Co., Shell Oil Products Company LLC(doing business as Shell Oil Products Company), Shell Trading (U S) Co, T M R Co.(Condron, Peter)
May 5, 2019 Opinion or Order Filing 4559 ORDER OF DISMISSAL OF INSURANCE CLAIMS AGAINST CHEVRON CORPORATION, CHEVRON U.S.A. INC., TEXACO INC., AND TRMI-H LLC: ORDERS, ADJUDGES, AND DECREES that Count VIII (unjust enrichment) and Count IX (Pennsylvania Storage Tank and Spill Prevention Act) of the Second Amended Complaint filed November 6, 2015, are hereby DISMISSED WITH PREJUDICE as to Chevron, with each party to bear and pay its own costs. expenses, and attorneys' fees heretofore incurred in connection with the claims made against Chevron in Counts VIII and IX of the Second Amended Complaint. All other claims in the Second Amended Complaint against Chevron remain pending and unaffected by this dismissal order. IT IS SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/5/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(rro)
May 2, 2019 Opinion or Order Filing 4558 PROPOSED STIPULATION AND ORDER. Document filed by Chevron Corporation, Chevron U.S.A., Inc., TRMI-H LLC(formerly known as TRMI Holdings Inc formerly known as Texaco Refining and Marketing Inc. formerly known as Getty Refining and Marketing Company,), Texaco Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service) (Shores, Ryan)
April 2, 2019 Opinion or Order Filing 4557 ORDER granting 4551 Motion for Graham Campbell Zorn to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
April 1, 2019 Opinion or Order Filing 4556 ORDER GRANTING MOTION FOR ORDER DETERMINING GOOD FAITH SETTLEMENT; JUDGMENT: Having considered the papers submitted by the parties for Defendants G&M Oil Company, Inc. and G&M Oil Co., LLC's (collectively, "G&M") Motion for Order Determining Good Faith Settlement (the Motion), there being no objection to the Motion, and for good cause shown, the Court will and hereby does issue the following orders: The Settlement Agreement, Exhibit 1 to the Declaration of Kenneth A. Ehrlich submitted in support of the Motion, between Plaintiff Orange County Water District (OCWD) on the one hand and Defendants G&M on the other, was entered into in good faith, as defined under California Code of Civil Procedure §§ 877 and 877.6. The negotiations of the Settlement Agreement between OCWD and G&M were conducted fairly, in good faith, and at arm's length, and there is no evidence of bad faith, fraud, collusion, tortious conduct, or any intent to impact unfairly or injure the rights or interests of other defendants, former defendants, prior settling defendants, or others. Pursuant to California Code of Civil Procedure § 877.6(c), all parties who are released from claims by OCWD in the Settlement Agreement are entitled to protection as settling tortfeasors to the extent provided by California Code of Civil Procedure § 877.6(c). Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, final judgment dismissing all claims against G&M is entered. (Signed by Judge Vernon S. Broderick on 4/1/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(rro)
April 1, 2019 Opinion or Order Filing 4555 ORDER APPROVING WITHDRAWAL OF COUNSEL granting 713 in case 07-cv-10470 Motion to Withdraw as Attorney. The motion to withdraw the appearance of Moe Reyna as counsel of record for The Commonwealth of Puerto Rico and the Commonwealth of Puerto Rico through its Environmental Quality Board, pursuant to Local Civil Rule 1.4 of the Local Rules of this Court, is hereby GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/1/2019) (rro)
April 1, 2019 Opinion or Order Filing 4554 ORDER APPROVING WITHDRAWAL OF COUNSEL granting 712 in case 07-cv-10470, Motion to Withdraw as Attorney. The motion to withdraw the appearance of Victor L. Cardenas, Jr., as counsel of record for The Commonwealth of Puerto Rico and the Commonwealth of Puerto Rico through its Environmental Quality Board, pursuant to Local Civil Rule 1.4 of the Local Rules of this Court, is hereby GRANTED. (Signed by Judge Vernon S. Broderick on 4/1/2019) (rro)
April 1, 2019 Opinion or Order Filing 4553 MEMO ENDORSEMENT on re: 243 in case 14-cv-01014, Notice of Withdrawal of Travis J. Mock on behalf of Vitol S.A. and Vitol Inc. filed by Vitol, Inc., Vitol, S.A. ENDORSEMENT: SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/1/2019) (rro)
March 26, 2019 Opinion or Order Filing 4552 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until May 28, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/26/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
March 25, 2019 Opinion or Order Filing 4551 MOTION for Graham Campbell Zorn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16554592. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sunoco Inc (R & M). (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order)(Zorn, Graham)
March 25, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4551 MOTION for Graham Campbell Zorn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16554592. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
February 21, 2019 Opinion or Order Filing 4550 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until March 25, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. SO ORDERED. Motions terminated: (574 in 1:08-cv-00312-VSB, 4549 in 1:00-cv-01898-VSB) LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated February 20, 2019. filed by Lukoil North America LLC, PJSC LUKOIL, Lukoil Pan Americas, LLC. (Signed by Judge Vernon S. Broderick on 2/21/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro) Modified on 2/22/2019 (rro).
February 21, 2019 Opinion or Order Set/Reset Deadlines: Getty Petroleum Marketing Inc. answer due 3/25/2019; La Gloria Oil and Gas Company answer due 3/25/2019; Lukoil Americas Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO GETTY PETROLEUM MARKETING INC.) answer due 3/25/2019; Lukoil North America LLC answer due 3/25/2019; Lukoil Pan Americas, LLC answer due 3/25/2019; PJSC LUKOIL answer due 3/25/2019. (rro)
February 20, 2019 Opinion or Order Filing 4549 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated February 20, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: # 1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
February 1, 2019 Opinion or Order Filing 4548 RESPONSE to Discovery Request from ConocoPhillips Defendants.Document filed by Phillips 66 Company.(Dillard, Stephen)
January 30, 2019 Opinion or Order Filing 4547 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE UNDER FED. R. CIV. P. Rule 41(a)(1) AS TO WESTERN REFINING YORKTOWN, INC. IT IS HEREBY NOTICED THAT Plaintiff dismisses Yorktown with prejudice from the Litigation pursuant to Fed. R. Civ. P. 41(a)(1). IT IS SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/30/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (rjm)
January 28, 2019 Opinion or Order Filing 4546 REPLY MEMORANDUM OF LAW in Support re: (563 in 1:08-cv-00312-VSB) MOTION to Remand to U.S. District Court, District of New Jersey. . Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Axline, Michael)
January 24, 2019 Opinion or Order Filing 4545 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until February 21, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. SO ORDERED. Motions terminated: (569 in 1:08-cv-00312-VSB, 4540 in 1:00-cv-01898-VSB) LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated January 22, 2019. filed by Lukoil North America LLC, PJSC LUKOIL, Lukoil Pan Americas, LLC. (Signed by Judge Vernon S. Broderick on 1/23/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
January 24, 2019 Opinion or Order Filing 4544 RESPONSE to Discovery Request from ConocoPhillips, Phillips 66, Tosco Refining.Document filed by PHILLIPS 66, Phillips 66 Company, Tosco Corporation.(Dillard, Stephen)
January 24, 2019 Opinion or Order Set/Reset Deadlines: Getty Petroleum Corporation answer due 2/21/2019; Lukoil Americas Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO GETTY PETROLEUM MARKETING INC.) answer due 2/21/2019; Lukoil North America LLC answer due 2/21/2019; Lukoil Pan Americas, LLC answer due 2/21/2019; PJSC LUKOIL answer due 2/21/2019. (rro)
January 23, 2019 Opinion or Order Filing 4543 NOTICE of Settlement . Document filed by Atlantic Richfield Company, Inc., BP Products North America, Inc., BP West Coast LLC (Doe 3). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(Heartney, Matthew)
January 23, 2019 Opinion or Order Filing 4542 STIPULATION AND ORDER. On January 2, 2019, Plaintiffs, New Jersey Department of Environmental Protection, et al., filed a Motion to Remand. Civil No. 1:08-CV-312, ECF No. 563. On January 16, 2019, Defendants filed an Opposition to the Motion to Remand on behalf of ExxonMobil Corp., ExxonMobil Oil Corp., and the defendants listed on Exhibit A, attached to the Opposition. Civil No. 1:08-CV-312, ECF No. 567. IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and Defendants that Plaintiffs shall have until January 28, 2019 in which to file a Reply in support of the Motion to Remand. So ordered. (Replies due by 1/28/2019). Motions terminated: (4541 in 1:00-cv-01898-VSB, 570 in 1:08-cv-00312-VSB) LETTER MOTION for Extension of Time to Submit Reply in Support of Motion to Remand addressed to Judge Vernon S. Broderick from Michael Axline dated January 22, 2019. Document filed by New Jersey Department of Environmental Protection. (Signed by Judge Vernon S. Broderick on 1/23/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB (rjm)
January 22, 2019 Opinion or Order Filing 4541 LETTER MOTION for Extension of Time to Submit Reply in Support of Motion to Remand addressed to Judge Vernon S. Broderick from Michael Axline dated January 22, 2019. Document filed by New Jersey Department of Environmental Protection. (Attachments: # 1 Stipulation and [Proposed Order] for Extension to Submit Reply In Support of Motion to Remand)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Axline, Michael)
January 22, 2019 Opinion or Order Filing 4540 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated January 22, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: # 1 Stipulation and Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
January 17, 2019 Opinion or Order Filing 4539 ORDER GRANTING MOTION FOR ORDER DETERMINING GOOD FAITH SETTLEMENT: Having considered the papers submitted by the parties for Defendants Chevron U.S.A. Inc. and Union Oil Company of California's (collectively, the "Chevron U.S.A. Defendants") Motion for Order Determining Good Faith Settlement (the "Motion"), there being no objection to the Motion, and for good cause shown, the Court will and hereby does issue the following orders: The Settlement Agreement, Exhibit 1 to the Declaration of Charles C. Correll, Jr. submitted in support of the Motion, between Plaintiff Orange County Water District ("OCWD") and the Chevron U.S.A. Defendants, was entered into in good faith, as defined under California Code of Civil Procedure sections 877 and 877.6. The negotiations of the Settlement Agreement between OCWD and the Chevron U.S.A. Defendants were conducted fairly, in good faith, and at arm's length, and there is no evidence of bad faith, fraud, collusion, tortious conduct, or any intent to impact unfairly or injure the rights or interests of other defendants, former defendants, prior settling defendants, or others. Pursuant to California Code of Civil Procedure section 877.6(c), all parties who are released from claims by OCWD under the Settlement Agreement are entitled to protection as settling tortfeasors to the extent provided by California Code of Civil Procedure section 877.6(c). Pursuant to Federal Rule of Civil Procedure 54(b), final judgment dismissing all claims against the Chevron U.S.A. Defendants is entered. IT IS SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/17/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(rro)
January 16, 2019 Opinion or Order Filing 4537 ORDER in case 1:08-cv-00312-VSB; granting (4536) Letter Motion for Extension of Time to Answer in case 1:00-cv-01898-VSB. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/16/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB (jca)
January 15, 2019 Opinion or Order Filing 4538 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until January 22, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/15/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
January 15, 2019 Opinion or Order Set/Reset Deadlines: Lukoil North America LLC answer due 1/22/2019; Lukoil Pan Americas, LLC answer due 1/22/2019; PJSC LUKOIL answer due 1/22/2019. (rro)
January 14, 2019 Opinion or Order Filing 4536 LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated January 14, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: # 1 Stipulation and Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
January 8, 2019 Opinion or Order Filing 4535 DECLARATION of Charles C. Correll, Jr. in Support re: 4534 MOTION for Settlement (Motion for Order Determining Good Faith Settlement).. Document filed by Chevron U.S.A., Inc.,, Union Oil Company of California. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Correll, Charles)
January 8, 2019 Opinion or Order Filing 4534 MOTION for Settlement (Motion for Order Determining Good Faith Settlement). Document filed by Chevron U.S.A., Inc.,, Union Oil Company of California.(Correll, Charles)
January 7, 2019 Opinion or Order Filing 4533 OPINION & ORDER re: (4510 in 1:00-cv-01898-VSB, 401 in 1:14-cv-06228-VSB-DCF) MOTION to Remand to District Court for Eastern District of Pennsylvania. filed by The Commonwealth of Pennsylvania. For the foregoing reasons, Plaintiff's motion is DENIED and I decline to suggest that the Panel remand this action at this time. The Clerk of Court is respectfully directed to terminate the pending motion at Doc. 401. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/7/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(rro) Modified on 1/8/2019 (rro).
January 4, 2019 Opinion or Order Filing 4532 RESPONSE to Discovery Request from ConocoPhillips Company and Phillips 66 Company.Document filed by PHILLIPS 66.(Dillard, Stephen)
January 3, 2019 Opinion or Order Filing 4531 NOTICE of Withdrawal of Appearance. Document filed by ConocoPhillips Company(agents of Phillips Petroleum Company doing business as Phillips 66 Company doing business as Phillips Chemical Company), Phillips 66 Company. (Dillard, Stephen)
January 2, 2019 Opinion or Order Filing 4530 DECLARATION of Bryan Barnhart in Support re: (563 in 1:08-cv-00312-VSB) MOTION to Remand to U.S. District Court, District of New Jersey.. Document filed by New Jersey Department of Environmental Protection. (Attachments: # 1 Exhibit 1-2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5-7, # 5 Exhibit 8-10, # 6 Exhibit 11 Part 1, # 7 Exhibit 11 Part 2, # 8 Exhibit 11 Part 3, # 9 Exhibit 12 to 17)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Axline, Michael)
January 2, 2019 Opinion or Order Filing 4529 MOTION to Remand to U.S. District Court, District of New Jersey. Document filed by New Jersey Department of Environmental Protection.Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Axline, Michael)
November 30, 2018 Opinion or Order Filing 4528 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until January 15, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. Motions terminated: (4527 in 1:00-cv-01898-VSB) LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated November 29, 2018. filed by Lukoil North America LLC, PJSC LUKOIL, Lukoil Pan Americas, LLC. (Signed by Judge Vernon S. Broderick on 11/29/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
November 29, 2018 Opinion or Order Filing 4527 LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated November 29, 2018. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: # 1 Stipulation and Proposed Order)(Katchen, Katherine)
October 29, 2018 Opinion or Order Filing 4526 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PJSC LUKOIL, Corporate Parent LITASCO SA for Lukoil Pan Americas, LLC. Document filed by Lukoil Pan Americas, LLC.(Katchen, Katherine)
October 29, 2018 Opinion or Order Filing 4525 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PJSC LUKOIL, Corporate Parent Lukoil Americas Corporation for Lukoil North America LLC. Document filed by Lukoil North America LLC.(Katchen, Katherine)
October 26, 2018 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENTS - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Katherine Menapace Katchen to RE-FILE Documents 4522 Rule 7.1 Corporate Disclosure Statement and 4523 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were only added to the(md) case. Please re-file these documents and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). NOTE: YOU MUST SELECT THE FILER FOR EACH INDIVIDUAL CASE. (lb)
October 25, 2018 Opinion or Order Filing 4524 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PJSC LUKOIL.Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
October 25, 2018 Opinion or Order Filing 4523 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PJSC LUKOIL, Corporate Parent LITASCO SA for Lukoil Pan Americas, LLC. Document filed by Lukoil Pan Americas, LLC.Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine) Modified on 10/26/2018 (lb).
October 25, 2018 Opinion or Order Filing 4522 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PJSC LUKOIL, Corporate Parent Lukoil Americas Corporation for Lukoil North America LLC. Document filed by Lukoil North America LLC.Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine) Modified on 10/26/2018 (lb).
October 24, 2018 Opinion or Order Filing 4521 ORDER granting (285) Motion to Appoint New Settlement Master in case 1:03-cv-08248-SAS; granting (335) Motion to Appoint New Settlement Master in case 1:03-cv-09050-SAS. The Honorable Francis Nicolai is hereby appointed Settlement Master pursuant to the Settlement Agreement between the parties to the matters entitled Tonneson et al. v. Sunoco, Inc., et al., 03 Civ. 8248, and Basso, et al. v. Sunoco, Inc., et al., 03 Civ. 9050. The Court finds that the duties of the Settlement Master will be the same as those outlined in the original Settlement Agreement entered into in or about December 2008. The Settlement Master has provided an affidavit disclosing that there is no grounds for disqualification under 28 U.S.C. Section 455. See Fed. R. Civ. P. 53(a)(2) and (b)(3). The Settlement Master's term of service will end when his duties are completed or the Court terminates the appointment, whichever comes first. The Settlement Master shall proceed with all reasonable diligence to perform his duties. See Fed. R. Civ. P. 53(b)(2). The Hon. Francis Nicolai is well qualified to serve as Settlement Master in this matter. The Settlement Agreement agrees to the appointment of a Settlement Master for the duties as outlined in that document and herein. The Settlement Master's duties will be governed by the Settlement Agreement under the terms consented to by the parties. The Settlement Master shall have the authority take appropriate measures to perform his duties fairly and efficiently. See Fed. R. Civ. P. 53(c). The Settlement Master's authority will otherwise be governed by the Settlement Agreement under the terms consented to by the parties. The Settlement Master's compensation will be governed by the terms and conditions of the Settlement Agreement. (Signed by Judge Vernon S. Broderick on 10/24/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:03-cv-08248-SAS, 1:03-cv-09050-SAS (mro)
October 11, 2018 Opinion or Order Filing 4520 ORDER in case 1:08-cv-00312-VSB; granting (4519) Letter Motion for Extension of Time to Answer in case 1:00-cv-01898-VSB. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/11/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB (rro) Modified on 10/12/2018 (rro).
October 10, 2018 Opinion or Order Filing 4519 LETTER MOTION for Extension of Time to File Answer to the Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated October 10, 2018. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: # 1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
October 10, 2018 Opinion or Order Filing 4518 NOTICE OF APPEARANCE by Katherine Menapace Katchen on behalf of Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
October 10, 2018 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Joseph Lee Sorkin to RE-FILE Document (553 in 1:08-cv-00312-VSB, 4517 in 1:00-cv-01898-VSB) LETTER MOTION for Extension of Time to File Answer to the Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated October 9, 2018.. ERROR(S): No signature or s/. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(db)
October 9, 2018 Opinion or Order Filing 4517 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Extension of Time to File Answer to the Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated October 9, 2018. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: # 1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Sorkin, Joseph) Modified on 10/10/2018 (db).
October 9, 2018 Opinion or Order Filing 4516 NOTICE OF APPEARANCE by Joseph Lee Sorkin on behalf of Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Sorkin, Joseph)
September 28, 2018 Opinion or Order Filing 4515 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE A FIFTH AMENDED COMPLAINT in case 1:08-cv-00312-VSB; granting (4442) Motion for Leave to File Document in case 1:00-cv-01898-VSB. Plaintiffs' Unopposed Motion for Leave to File a Fifth Amended Complaint is granted. The Clerk of the Court is directed to file plaintiffs' Fifth Amended Complaint. New defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PlSC (formerly OAO) Lukoil shall respond to the Fifth Amended Complaint. Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc. shall respond to the new allegations in the Fifth Amended Complaint. Answers previously filed by all other defendants are deemed answers to the Fifth Amended Complaint. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/28/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB (rro)
August 13, 2018 Opinion or Order Filing 4513 REPLY MEMORANDUM OF LAW in Support re: (401 in 1:14-cv-06228-VSB-DCF) MOTION to Remand to District Court for Eastern District of Pennsylvania. . Document filed by The Commonwealth of Pennsylvania. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(Axline, Michael)
July 23, 2018 Opinion or Order Filing 4512 DECLARATION of Bryan Barnhart in Support re: (401 in 1:14-cv-06228-VSB-DCF) MOTION to Remand to District Court for Eastern District of Pennsylvania.. Document filed by The Commonwealth of Pennsylvania. (Attachments: # 1 Exhibit 1 and 2 to Barnhart Declaration, # 2 Exhibit 3 to Barnhart Declaration, # 3 Exhibit 4 to Barnhart Declaration, # 4 Exhibit 5 to 7 [end] to Barnhart Declaration)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(Axline, Michael)
July 23, 2018 Opinion or Order Filing 4511 MEMORANDUM OF LAW in Support re: (401 in 1:14-cv-06228-VSB-DCF) MOTION to Remand to District Court for Eastern District of Pennsylvania. . Document filed by The Commonwealth of Pennsylvania. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(Axline, Michael)
July 23, 2018 Opinion or Order Filing 4510 MOTION to Remand to District Court for Eastern District of Pennsylvania. Document filed by The Commonwealth of Pennsylvania. (Attachments: # 1 Text of Proposed Order The Motion by Plaintiff Commonwealth of Pennsylvania for a Suggestion of Remand to the Judicial Panel on Multidistrict Litigation, recommending that Pennsylvanias action be remanded for all purposes to the District Court for the Eastern District of Pennsylvania, is GRANTED. A Suggestion of Remand accompanies this Order. SO ORDERED.)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(Axline, Michael)
July 2, 2018 Opinion or Order Filing 4509 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE UNDER FED. R. CIV. P. 41(a)(1)(A)(i) AS TO VITOL S.A., INC. ONLY: IT IS HEREBY NOTICED THAT Plaintiff dismisses Vitol, and Vitol only, with prejudice from the Litigation pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Vitol S.A. Inc, terminated. (Signed by Judge Vernon S. Broderick on 7/2/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(mro)
June 25, 2018 Opinion or Order Filing 4507 CASE MANAGEMENT ORDER: It is hereby ORDERED that: This Agreement on the Production of Electronically Stored Information (hereafter "Agreement") is by and between the plaintiff and defendants hereto, in the action presently pending in the United States District Court for the Southern District of New York entitled In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability litigation, Master File C.A. No. 1:00-1898, M21-88, MDL No. 1358, Commonwealth of Pennsylvania, et al. v. Exxon Mobil Corp., et al., No. 1:14-cv006228. This Agreement governs the production of ESI subsequent to the execution of the Agreement as set forth in this order. The parties shall make their best efforts to resolve any differences concerning compliance with this Agreement. If a producing party believes it cannot comply with one or more portions of this agreement, such party shall inform the requesting party in writing at the time of production as to why compliance with the protocol, or any part thereof, is unreasonable or not possible. No party may seek relief from the Court concerning compliance with the Agreement until it has met and conferred with the other party to this action. SO ORDERED (Signed by Magistrate Judge Debra C. Freeman on 6/25/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(rj)
June 21, 2018 Opinion or Order Filing 4506 STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the Commonwealth and LGW, through undersigned counsel, that LGW will withdraw LGW's Motion to Quash, without prejudice, to re-file the Motion to Quash if meet and confer discussions do not resolve the issue. (This resolves Dkt. 368). SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 6/21/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(rj)
June 19, 2018 Opinion or Order Filing 4508 CASE MANAGEMENT ORDER No. 125: This case management order resolves the two pending motions referred by Judge Broderick (Dkt. Nos. 332 and 340) and memorializes the parties' joint agreements on several issues as directed by the Court in its Order dated March 2, 2018 as set forth in this order. Deposition due by 11/28/2018. Discovery due by 11/30/2019. (Signed by Magistrate Judge Debra C. Freeman on 6/19/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(rj)
May 15, 2018 Opinion or Order Filing 4505 ORDER FOR FEES RELATED TO THE SETTLEMENT WITH DEFENDANTS BP AMERICA INC., BP AMOCO CHEMICAL COMPANY, BP CORPORATION NORTH AMERICA INC. (f/k/a BP AMOCO CORPORATION), BP PRODUCTS NORTH AMERICA, INC., ATLANTIC RICHFIELD COMPANY, EQUILON ENTERPRISES LLC, MOTIVA ENTERPRISES LLC, SHELL OIL COMPANY, SHELL OIL PRODUCTS COMPANY LLC AND SHELL TRADING (US) COMPANY: Special Counsel shall be and hereby is entitled to a fee of twenty percent (20%) of the net recovery over $2 million and up to $250 million and fifteen percent (15%) of the net recovery in excess of $250 million resulting from the settlement with Shell - said amount being twelve million, one hundred and fourteen thousand, four hundred and eighty dollars and eighty six cents ($12,114,480.86), and also fifteen percent (15%) of the net recovery resulting from the settlement with BP - said amount being nine million, six hundred and fifty eight thousand, one hundred and twelve dollars and eighteen cents ($9,658,112.18). The Court finds such fee to be reasonable and in accordance with Rule 1 :21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. Plaintiffs shall pay said amounts to Special Counsel forthwith, specifically: twenty one million, seven hundred and seventy two thousand, five hundred and ninety three dollars and four cents (21,772,593.04). The parties shall serve a copy of the within Order upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. (Signed by Judge Vernon S. Broderick on 5/15/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(tro) Modified on 5/15/2018 (tro). (Main Document 4505 replaced on 5/15/2018) (tro).
May 4, 2018 Opinion or Order Filing 4504 NOTICE OF CHANGE OF ADDRESS by Ruben Francisco Reyna on behalf of Equilon Enterprises L L C, Motiva Enterprises L L C, Shell Oil Co., Shell Petroleum Inc, Shell Trading (U S) Co, T M R Co. New Address: Crowell & Moring LLP, 1001 Pennsylvania Ave, NW, Washington, DC, USA 20004, 202-624-2539. (Reyna, Ruben)
April 25, 2018 Opinion or Order Filing 4503 ORDER: granting (180) Motion in case 1:04-cv-01719-SAS; granting (183) Motion in case 1:04-cv-01720-SAS; granting (158) Motion in case 1:04-cv-01716-SAS; granting (179) Motion in case 1:04-cv-01721-SAS; granting (136) Motion in case 1:04-cv-02055-SAS; granting (133) Motion in case 1:04-cv-02057-SAS; granting (144) Motion in case 1:04-cv-02059-SAS; granting (143) Motion in case 1:04-cv-02061-SAS; granting (144) Motion in case 1:04-cv-02062-SAS; granting (139) Motion in case 1:04-cv-02066-SAS; granting (134) Motion in case 1:04-cv-02067-SAS; granting (154) Motion in case 1:04-cv-02068-SAS; granting (153) Motion in case 1:04-cv-02072-SAS; granting (170) Motion in case 1:04-cv-02390-SAS; granting (144) Motion in case 1:04-cv-03415-SAS; granting (147) Motion in case 1:04-cv-03412-SAS; granting (153) Motion in case 1:04-cv-03416-SAS; granting (721) Motion in case 1:04-cv-03417-SAS; granting (167) Motion in case 1:04-cv-03418-SAS; granting (148) Motion in case 1:04-cv-03419-SAS; granting (135) Motion in case 1:04-cv-04990-SAS; granting (151) Motion in case 1:04-cv-05421-SAS; granting (152) Motion in case 1:04-cv-05422-SAS; granting (151) Motion in case 1:04-cv-05423-SAS; granting (158) Motion in case 1:04-cv-06993-SAS; granting (804) Motion in case 1:07-cv-10470-VSB; granting (545) Motion in case 1:08-cv-00312-VSB; granting (155) Motion in case 1:09-cv-06554-SAS; granting (99) Motion in case 1:10-cv-07874-SAS; granting (96) Motion in case 1:10-cv-08182-SAS; granting (94) Motion in case 1:10-cv-08184-SAS; granting (87) Motion in case 1:10-cv-08742-SAS; granting (84) Motion in case 1:10-cv-08743-SAS; granting (119) Motion in case 1:11-cv-00479-SAS; granting (64) Motion in case 1:13-cv-07247-SAS; granting (81) Motion in case 1:13-cv-07271-SAS; granting (59) Motion in case 1:13-cv-07272-SAS; granting (66) Motion in case 1:13-cv-07299-SAS; granting (241) Motion in case 1:14-cv-01014-VSB; granting (385) Motion in case 1:14-cv-06228-VSB-DCF; granting (4502) Motion in case 1:00-cv-01898-VSB. The Motion to Remove Steven Leifer from Service Lists is hereby GRANTED. The Clerk's Office shall remove Mr. Leifer from the service lists of the MTBE MDL (00-CV-1898) and all cases within the MTBE MDL, and as further set forth in this order. (Signed by Judge Vernon S. Broderick on 4/25/2018) Filed In Associated Cases: 1:00-cv-01898-VSB et al., 4cv1715, 4cv1717, 4cv1718, 4cv2069 and 4cv2071. (ap) Modified on 4/26/2018 (ap).
April 25, 2018 Opinion or Order Filing 4502 MOTION Motion to Remove Steven Leifer from ECF Service Lists re: (4474 in 1:00-cv-01898-VSB) Order on Motion to Withdraw as Attorney,,, . Document filed by Hess Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO AMERADA HESS CORPORATION), Hess Oil Virgin Islands Corporation, Marathon Oil Corporation, Marathon Petroleum Company LP(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO MARATHON PETROLEUM COMPANY, LLC AND MARATHON ASHLAND PETROLEUM COMPANY LLC), Marathon Petroleum Corporation, Hess Corporation(formerly known as Amerada Hess Corporation), Marathon Oil Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO MARATHON OIL CO., MARATHON DE, MARATHON PC, MARATHON PETROLEUM CORPORATION, MARATHON HOLDINGS, AND MARATHON PIPELINE), Marathon Petroleum Company LP, Marathon Petroleum Corporation. (Attachments: # 1 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB et al.(Cassin, Vernon)
April 25, 2018 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Vernon Anthony Andrew Cassin to RE-FILE Document (384 in 1:14-cv-06228-VSB-DCF, 157 in 1:04-cv-06993-SAS, 98 in 1:10-cv-07874-SAS, 147 in 1:04-cv-03419-SAS, 151 in 1:04-cv-05422-SAS, 720 in 1:04-cv-03417-SAS, 178 in 1:04-cv-01721-SAS, 150 in 1:04-cv-05421-SAS, 544 in 1:08-cv-00312-VSB, 93 in 1:10-cv-08184-SAS, 150 in 1:04-cv-05423-SAS, 152 in 1:04-cv-02072-SAS, 152 in 1:04-cv-03416-SAS, 142 in 1:04-cv-02061-SAS, 166 in 1:04-cv-03418-SAS, 63 in 1:13-cv-07247-SAS, 65 in 1:13-cv-07299-SAS, 134 in 1:04-cv-04990-SAS, 143 in 1:04-cv-03415-SAS, 133 in 1:04-cv-02067-SAS, 80 in 1:13-cv-07271-SAS, 138 in 1:04-cv-02066-SAS, 803 in 1:07-cv-10470-VSB, 173 in 1:04-cv-01718-SAS, 154 in 1:09-cv-06554-SAS, 58 in 1:13-cv-07272-SAS, 135 in 1:04-cv-02055-SAS, 4501 in 1:00-cv-01898-VSB, 179 in 1:04-cv-01719-SAS, 157 in 1:04-cv-01716-SAS, 146 in 1:04-cv-03412-SAS, 83 in 1:10-cv-08743-SAS, 143 in 1:04-cv-02059-SAS, 153 in 1:04-cv-02068-SAS, 118 in 1:11-cv-00479-SAS, 169 in 1:04-cv-02390-SAS, 86 in 1:10-cv-08742-SAS, 132 in 1:04-cv-02057-SAS, 240 in 1:14-cv-01014-VSB, 182 in 1:04-cv-01720-SAS, 143 in 1:04-cv-02062-SAS, 95 in 1:10-cv-08182-SAS) MOTION Motion to Remove Steven Leifer from ECF Service Lists re: (4474 in 1:00-cv-01898-VSB) Order on Motion to Withdraw as Attorney,,, .. ERROR(S): No signature or s/. Filed In Associated Cases: 1:00-cv-01898-VSB et al.(db)
April 24, 2018 Opinion or Order Filing 4501 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION Motion to Remove Steven Leifer from ECF Service Lists re: (4474 in 1:00-cv-01898-VSB) Order on Motion to Withdraw as Attorney,,, . Document filed by Hess Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO AMERADA HESS CORPORATION), Hess Oil Virgin Islands Corporation, Marathon Oil Corporation, Marathon Petroleum Company LP(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO MARATHON PETROLEUM COMPANY, LLC AND MARATHON ASHLAND PETROLEUM COMPANY LLC), Marathon Petroleum Corporation, Hess Corporation(formerly known as Amerada Hess Corporation), Marathon Oil Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO MARATHON OIL CO., MARATHON DE, MARATHON PC, MARATHON PETROLEUM CORPORATION, MARATHON HOLDINGS, AND MARATHON PIPELINE), Marathon Petroleum Company LP, Marathon Petroleum Corporation. (Attachments: # 1 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB et al.(Cassin, Vernon) Modified on 4/25/2018 (db).
April 5, 2018 Opinion or Order Filing 4500 ORDER OF DISMISSAL WITH PREJUDICE: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: The Plaintiff and ConocoPhillips have advised the Court that they have resolved the matters between them pursuant to the Settlement Agreement. Pursuant to the Settlement Agreement, the settling parties consent to the dismissal with prejudice of ConocoPhillips from this action. The actions of Plaintiff against ConocoPhillips before this Court are hereby DISMISSED WITH PREJUDICE. Each party shall bear its own costs, expenses, and attorney's fees in connection with this dismissal, and as further set forth in this order. (Docketed in 4cv4968 and 00cv1898) Conocophillips Company, terminated. (Signed by Judge Vernon S. Broderick on 4/5/2018) (ap) Modified on 4/6/2018 (ap).
April 5, 2018 Opinion or Order Filing 4499 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE UNDER FED. R. CIV. P. 41(a)(1) AS TO DUKE ENERGY MERCHANTS, LLC, ONLY: IT IS HEREBY NOTICED THAT Plaintiff dismisses Duke, and Duke only, with prejudice from the Litigation pursuant to Fed. R. Civ. P. 41(a)(1), and as further set forth in this order. Duke Energy Merchants, LLC terminated. (Docketed in 14cv6228 and 00cv1898) (Signed by Judge Vernon S. Broderick on 4/5/2018) (ap) Modified on 4/5/2018 (ap).
March 28, 2018 Opinion or Order Filing 4498 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL, Pursuant to Local Civil Rule 1.4, it is hereby stipulated and agreed by the undersigned counsel that Amy E. Parker and Carlton D. Wilde, III of Bracewell LLP shall be substituted by the following as counsel of record for Defendant Total Petrochemicals & Refining USA, Inc., f/k/a Atofina Petrochemicals, Inc. ("Total") in the above captioned MDL proceeding. Upon entry of this Order, Ms. Parker and Mr. Wilde shall be removed from the Court's service list, and all pleadings, notices of hearing, and other filings in the cases consolidated in this proceeding shall be served upon the aforementioned incoming counsel. Substitution of counsel will not delay the proceeding, nor will it cause prejudice to any other party. So Ordered. (Attorney Traci Leigh Lovitt for Total Petrochemicals & Refining U S A Inc, Carlton D. Wilde for Total Petrochemicals & Refining U S A Inc, Traci Leigh Lovitt for TOTAL PETROCHEMICALS AND REFINING USA, INC., Traci Leigh Lovitt for TOTAL PETROCHEMICALS AND REFINING USA, INC.,Traci Leigh Lovitt for Total Petrochemicals & Refining U S A Inc added. Attorney Amy E. Parker and Attorney Carlton D. Wilde terminated,.) (Signed by Judge Vernon S. Broderick on 3/28/18) Filed In Associated Cases: 1:00-cv-01898-VSB et al.(yv)
March 23, 2018 Opinion or Order Filing 4497 LETTER addressed to Judge Vernon S. Broderick from Tracey L. O'Reilly dated March 23, 2018 re: Settlement Agreement with ConocoPhillips Defendants. Document filed by Orange County Water District. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(Axline, Michael)
March 23, 2018 Opinion or Order Filing 4496 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and LGW, through undersigned counsel, that Plaintiff's time to respond to LGW's Motion to Quash shall be extended until April 16, 2018. (Responses due by 4/16/2018) (Docketed in 00cv1898 and 14cv6228) (Signed by Magistrate Judge Debra C. Freeman on 3/23/2018) (ap) Modified on 3/26/2018 (ap).
March 1, 2018 Opinion or Order Filing 4495 ORDER. Came on for consideration the unopposed motion of Defendant Petrobras America Inc. ("PAI"), incorrectly named Petrobras America, Inc., for withdrawal of attorney. The Court, having considered the motion, the record, and applicable authorities, concludes that PAI's motion should be granted. Therefore, The Court ORDERS that PAI's unopposed motion for withdrawal of attorney be, and is hereby, GRANTED. The Court FURTHER ORDERS that David C. Schulte be, and is hereby, withdrawn as counsel of record for PAI, and that David C. Schulte be, and is hereby, relieved of any further obligations as counsel of record for PAI in this action. Granting (237) Motion to Withdraw David C. Schulte as Attorney. in case 1:14-cv-01014-VSB. (Signed by Judge Vernon S. Broderick on 3/1/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-01014-VSB (rjm)
March 1, 2018 Opinion or Order Filing 4494 ORDER. Came on for consideration the unopposed motion of Defendant Petrobras America Inc. ("PAI") for withdrawal of attorney. The Court, having considered the motion, the record, and applicable authorities, concludes that PAI's motion should be granted. Therefore, The Court ORDERS that PAIs unopposed motion for withdrawal of attorney be, and is hereby, GRANTED. The Court FURTHER ORDERS that David C. Schulte be, and is hereby, withdrawn as counsel of record for PAI, and that David C. Schulte be, and is hereby, relieved of any further obligations as counsel of record for PAI in this action. Granting (doc. no. 800 in case no. 07cv10470) MOTION for David C. Schulte to Withdraw as Attorney (Unopposed). Document filed by Petrobras America, Inc. Attorney David C. Schulte terminated in case 1:07-cv-10470-VSB. (Signed by Judge Vernon S. Broderick on 3/1/2018). Filed In Associated Cases: 1:00-cv-01898-VSB, 1:07-cv-10470-VSB (rjm)
February 14, 2018 Opinion or Order Filing 4492 NOTICE of Substitution of Attorney. Old Attorney: Amy E. Parker, New Attorney: Traci L. Lovitt, Address: Jones Day, 100 High Street, 21st Floor, Boston, MA, USA 02110-1780, 617-449-6999. Document filed by Total Petrochemicals & Refining U S A Inc. (Parker, Amy)
February 5, 2018 Opinion or Order Filing 4491 NOTICE OF CHANGE OF ADDRESS by Chad W. Higgins on behalf of Cumberland Farms Inc., Gulf Acquisition LLC. New Address: Bernstein, Shur, Sawyer & Nelson, P.A., 100 Middle Street, PO Box 9723, Portland, ME, 04104, 207-228-7186. (Higgins, Chad)
January 31, 2018 Opinion or Order Filing 4490 ORDER granting 4488 Motion for Amanda A Jacobowski to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
January 31, 2018 Opinion or Order Filing 4489 ORDER in case 1:14-cv-06228-VSB-DCF; granting (4486) Motion for Sammy Ford IV to Appear Pro Hac Vice in case 1:00-cv-01898-VSB (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (Broderick, Vernon)
January 24, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4488 MOTION for Amanda A Jacobowski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14610862. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 23, 2018 Opinion or Order Filing 4488 MOTION for Amanda A Jacobowski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14610862. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Atlantic Richfield Co,, Atlantic Richfield Company, Atlantic Richfield Company, B P Products North America Inc, BP America, Inc., BP Amoco Chemical Company,, BP Amoco Chemical Company, Inc., BP Amoco Corporation, BP Corporation North America Inc., BP Products North America, Inc.(formerly known as Amoco Oil Company), BP Products North America, Inc., BP West Coast LLC. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order)(Jacobowski, Amanda)
January 23, 2018 Opinion or Order Filing 4486 MOTION for Sammy Ford IV to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NUSTAR TERMINALS OPERATIONS PARTNERSHIP LP. (Attachments: # 1 Exhibit A-TXSCt Cert of Good Standing, # 2 Affidavit, # 3 Text of Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(Ford, Sammy)
January 23, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (4486 in 1:00-cv-01898-VSB, 349 in 1:14-cv-06228-VSB-DCF) MOTION for Sammy Ford IV to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(bcu)
January 22, 2018 Opinion or Order Filing 4484 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sammy Ford IV to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14603965. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NUSTAR TERMINALS OPERATIONS PARTNERSHIP LP. (Attachments: # 1 Exhibit A, # 2 Affidavit, # 3 Text of Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(Ford, Sammy) Modified on 1/22/2018 (wb).
January 22, 2018 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. (4484 in 1:00-cv-01898-VSB, 347 in 1:14-cv-06228-VSB-DCF) MOTION for Sammy Ford IV to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14603965. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas; the filing fee was not paid in case number 14cv6228 Please call the ecf helpdesk if you any questions 212-805-0800. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(wb)
January 5, 2018 Opinion or Order Filing 4483 ORDER APPROVING WITHDRAWAL OF APPEARANCE granting (343) Motion to Withdraw as Attorney. Attorney Mark Steven Lillie terminated in case 1:14-cv-06228-VSB-DCF; granting (4481) Motion to Withdraw as Attorney. The Motion for Withdrawal of Appearance of Mark S. Lillie as counsel of record for Defendants BP America Inc., BP Holdings North America Limited, BP p.1.c., BP Products North America Inc., BP West Coast Products LLC, under Local Civil Rule 1.4, is hereby GRANTED. SO ORDERED. Attorney Mark Steven Lillie terminated in case 1:00-cv-01898-VSB. (Signed by Judge Vernon S. Broderick on 12/5/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF (rj)
January 5, 2018 Opinion or Order Filing 4482 MOTION for Joshua Frank to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14542636. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HESS CORPORATION, Hess Oil Virgin Islands Corporation, Marathon Oil Corporation, Marathon Petroleum Company LP(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO MARATHON PETROLEUM COMPANY, LLC AND MARATHON ASHLAND PETROLEUM COMPANY LLC), Marathon Petroleum Corporation, WilcoHess LLC. (Attachments: # 1 Affidavit)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(Cassin, Vernon)
January 3, 2018 Opinion or Order Filing 4481 MOTION for Mark S. Lillie to Withdraw as Attorney for BP America Inc., BP Holdings North America Limited, BP p.l.c., BP Products North America Inc., BP West Coast Products LLC. Document filed by BP America, Inc., BP Products North America, Inc.(formerly known as Amoco Oil Company), BP West Coast LLC. (Attachments: # 1 Text of Proposed Order)(Lillie, Mark)
December 27, 2017 Opinion or Order Filing 4480 ORDER APPROVING WITHDRAWAL OF APPEARANCE: granting 341 (in case 14cv6228) Motion to Withdraw as Attorney. The Motion for Withdrawal of Appearance of Linda C. Barrett as counsel of record for Plaintiffs, the Commonwealth of Pennsylvania, the Pennsylvania Insurance Department, the Pennsylvania Department of Environmental Protection and the Pennsylvania Underground Storage Tank Indemnification Fund under Local Civil Rule 1.4, is hereby GRANTED. Attorney Linda C. Barrett terminated. (Docketed in 00cv1898 and 14cv6228) (Signed by Judge Vernon S. Broderick on 12/27/2017) (ap)
December 22, 2017 Opinion or Order Filing 4479 ORDER FOR FEES RELATED TO THE SETTLEMENT WITH DEFENDANTS SUNOCO, INC. and SUNOCO, INC. (R&M) and the AUGUST 8, 2017 DISTRIBUTION FROM THE SETTLEMENT WITH LYONDELL CHEMICAL COMPANY: ORDERED as follows: Special Counsel shall be and her by is entitled to a fee of twenty percent (20%) of the net recovery resulting from the settlement with Sunoco, and the August 8, 2017 distributions received by plaintiffs related to the settlement with Lyondell. The Court finds such fee to be reasonable and in accordance with Rule 1:21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. Plaintiffs shall pay said amount to Special Counsel forthwith, specifically: Twelve million, six hundred and six thousand, six hundred and one dollars and fifteen cents ($12,606,601.15). A copy of the within Order shall be served upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/22/2017) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(ama)
December 22, 2017 Opinion or Order Filing 4478 STIPULATION RELATED TO SETTLEMENT AS TO BP AMERICA INC., BP AMOCO CHEMICAL COMPANY, BP CORPORATION NORTH AMERICA INC. (F/K/A BP AMOCO CORPORATION), BP PRODUCTS NORTH AMERICA INC., AND ATLANTIC RICHFIELD COMPANY ONLY: THEREFORE, in response to the Court's decision and the previous objections of the non-settling defendants, Plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to 23. 24 ("Spill Act"), that is allocated by the fact finder in this action to the BP Defendants based on their percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine the BP Defendants' percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if the BP Defendants had remained a non-settling defendant, and as further set forth in this order. (Signed by Judge Vernon S. Broderick on 12/22/2017) (ap)
December 22, 2017 Opinion or Order Filing 4477 JUDICIAL CONSENT ORDER AS TO BP AMERICA INC., BP AMOCO CHEMICAL COMPANY, BP CORPORATION NORTH AMERICA INC. (f/k/a BP AMOCO CORPORATION), BP PRODUCTS NORTH AMERICA INC., AND ATLANTIC RICHFIELD COMPANY ONLY: THEREFORE, with the consent of the Parties to this JCO, it is hereby ORDERED and ADJUDGED: This case was removed to the United States District Court for the District of New Jersey pursuant to 28 U.S. C. § 1446(d) and the Energy Policy Act of 2005, 42 U.S.C. § 7545, et seq., which expressly authorized the removal of legal actions related to allegations involving MTBE contamination, and then assigned to the United States District Court for the Southern District of New York as part of the Multi-District Litigation. Part of the litigation was remanded to the United States District Court for the District of New Jersey. (a) Within fourteen (14) Days after the effective date of this JCO, the BP Defendants shall pay the Plaintiffs Thirty Two Million Dollars ($32,000,000. 00) ("First Payment"). Within 194 Days after the effective date of this JCO, the BP Defendants shall pay the Plaintiffs Thirty Two Million Dollars ($32,000,000.00) plus Interest for a total payment of $32,387,419.18 ("Second Payment"). The First Payment and Second Payment in the total amount of Sixty Four Million Three Hundred Eighty Seven Thousand Four Hundred Nineteen Dollars and Eighteen Cents ($64,387,419.18) are made in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO. (b) The amounts specified in Paragraph 5(a) above shall be paid by wire transfers pursuant to instructions provided by Plaintiffs. Notice of payment shall be emailed to: John Sacco, Chief, Office of Natural Resource Restoration, Natural and Historic Resources Program, New Jersey Department of Environmental Protection at John.Sacco@dep.nj.gov and to Gary Wolf, Section Chief, Environmental Enforcement Section, Division of Law, Department of Law and Public Safety at Gary.Wolf@law.njoag.gov or such other persons as Plaintiffs may designate. The effective date of this JCO shall be the date upon which this JCO is entered by the Court. This Court retains jurisdiction over both the subject matter of this JCO and the Parties for the duration of the performance of the terms and provisions of this JCO for the purpose of enabling any of the Parties to apply to the Court at any time for such further order, direction, and relief as may be necessary or appropriate for the construction or modification of this JCO, or to effectuate or enforce compliance with its terms, and as further set forth in this order. (Docketed in 00cv1898 and 8cv312) (Signed by Judge Vernon S. Broderick on 12/22/2017) (ap)
December 21, 2017 Opinion or Order Filing 4476 NOTICE OF APPEARANCE by Matthew Lawrence Elkin on behalf of Marathon Oil Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO MARATHON OIL CO., MARATHON DE, MARATHON PC, MARATHON PETROLEUM CORPORATION, MARATHON HOLDINGS, AND MARATHON PIPELINE), Marathon Petroleum Company LLC, Marathon Petroleum Company LP, Marathon Petroleum Corporation, Speedway LLC. (Elkin, Matthew)
December 21, 2017 Opinion or Order Filing 4475 NOTICE OF CHANGE OF ADDRESS by Eugene Anthony Giotto on behalf of Marathon Oil CO, Marathon Petroleum Company LLC, Marathon Petroleum Corporation, Speedway LLC, Marathon Petroleum Company LP. New Address: Cozen O'Connor, 301 Grant Street, Pittsburgh, PA, USA 15219, (412) 275-2390. (Giotto, Eugene)
December 19, 2017 Opinion or Order Filing 4474 ORDER APPROVING WITHDRAWAL OF APPEARANCE granting (338 1:14-cv-06228-VSB-DCF) Motion to Withdraw as Attorney, granting (4473 1:00-cv-01898-VSB) Motion to Withdraw as Attorney. The Motion for Withdrawal of Appearance of Steven L. Leifer as counsel of record for Defendants Marathon Oil Corporation, Marathon Petroleum Company LP, Marathon Petroleum Corporation, Hess Corporation, Hess Oil Virgin Islands Corp., and WilcoHess LLC, under Local Civil Rule 1.4, is hereby GRANTED. (Attorney Steven Lawerence Leifer terminated in case 1:14-cv-06228-VSB-DCF; Attorney Steven Lawerence Leifer terminated in case 1:00-cv-01898-VSB.) (Signed by Judge Vernon S. Broderick on 12/19/2017) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF. (ras)
December 18, 2017 Opinion or Order Filing 4473 MOTION for Steven L. Leifer to Withdraw as Attorney . Document filed by Hess Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO AMERADA HESS CORPORATION), Hess Oil Virgin Islands Corporation, Marathon Oil Corporation, Marathon Petroleum Company LP, Marathon Petroleum Corporation, WilcoHess LLC. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB-DCF(Cassin, Vernon)
November 17, 2017 Opinion or Order Filing 4472 NOTICE OF APPEARANCE by Vernon Anthony Andrew Cassin, III on behalf of Hess Corporation(formerly known as Amerada Hess Corporation), Marathon Oil Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO MARATHON OIL CO., MARATHON DE, MARATHON PC, MARATHON PETROLEUM CORPORATION, MARATHON HOLDINGS, AND MARATHON PIPELINE), Marathon Petroleum Company LP, Marathon Petroleum Corporation, HESS CORPORATION, Hess Oil Virgin Islands Corporation, Marathon Oil Corporation, Marathon Petroleum Company LP, Marathon Petroleum Corporation, WilcoHess LLC. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB(Cassin, Vernon)
November 13, 2017 Opinion or Order Filing 4471 SUGGESTION OF REMAND: The Court hereby finds that the consolidated pretrial proceedings have run their course with respect to the claims related to the Arco/BP and Shell focus plume sites. The Court therefore suggests that the Panel remand to the United States District Court for the Central District of California all remaining claims as to the Arco/BP and Shell focus plume sites for all further proceedings, including additional pretrial and trial proceedings. Attached as Exhibit 1 is the list of the remaining claims for relief and defendants at each Arco/BP and Shell focus plume site to be remanded for trial in this matter. All other claims for relief were either decided against the Plaintiff or stipulated as dismissed on the terms set forth in the applicable stipulations, subject to the right to appeal, so no other claims or defendants remain at these sites for purposes of trial after remand. As of this time this Court will retain jurisdiction over the remainder of the Action (i.e., the non-focus plume sites) in order to conduct coordinated and consolidated pretrial proceedings. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/13/2017) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(rj)
November 13, 2017 Opinion or Order Filing 4470 MEMORANDUM AND OPINION:For the foregoing reasons, Plaintiff's motion is GRANTED. The Clerk of Court is respectfully directed to terminate the pending motion at Doc. 4460. A suggestion of remand accompanies this Memorandum & Opinion. (Signed by Judge Vernon S. Broderick on 11/13/2017) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(rj)
November 6, 2017 Opinion or Order Filing 4469 ORDER APPROVING WITHDRAWAL OF APPEARANCE: in case 1:14-cv-06228-VSB; granting (4468) Motion to Withdraw as Attorney, in case 1:00-cv-01898-VSB. The Motion for Withdrawal of Appearance of Eugene Giotto as counsel of record for Defendant Guttman Energy, under Local Civil Rule 1.4, is hereby GRANTED. Attorney Eugene Giotto is terminated. (Signed by Judge Vernon S. Broderick on 11/6/2017) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB (ap) Modified on 11/6/2017 (ap). Modified on 11/7/2017 (ap).
November 2, 2017 Opinion or Order Filing 4468 MOTION for Eugene A. Giotto to Withdraw as Attorney . Document filed by Guttman Realty Company. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB(Giotto, Eugene)
September 13, 2017 Opinion or Order Filing 4467 ORDER. Having considered the recently filed Joint Motion for Voluntary Dismissal With Prejudice Under Fed. R. Civ. P. 41(a)(2) as to Trammo Petroleum, Inc. and Trammo Caribbean, Inc., it is hereby: ORDERED that Defendants Trammo Petroleum, Inc. and Trammo Caribbean, Inc. are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). So ordered. Granting (234) Motion in case 1:14-cv-01014-VSB. Party Trammo Petroleum, Inc. terminated in case no. 14cv1014. (Signed by Judge Vernon S. Broderick on 9/13/2017) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-01014-VSB (rjm)
September 11, 2017 Opinion or Order Filing 4466 ORDER. Having considered the recently filed Joint Motion for Voluntary Dismissal With Prejudice Under Fed. R. Civ. P. 41(a)(2) as to Trammo Petroleum, Inc. and Trammo Caribbean, Inc., it is hereby: ORDERED that Defendants Trammo Petroleum, Inc. and Trammo Caribbean, Inc. are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). SO ORDERED. Motions terminated: (798 in 1:07-cv-10470-VSB) JOINT MOTION for Voluntary Dismissal with Prejudice Under Fed.R.Civ.P. 41(a)(2) as to Trammo Petroleum, Inc. and Trammo Caribbean, Inc filed by Commonwealth of Puerto Rico. (Signed by Judge Vernon S. Broderick on 9/11/2017) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:07-cv-10470-VSB (rjm)
August 15, 2017 Opinion or Order Filing 4465 DECLARATION of Michael Axline (SUPPLEMENTAL) in Support re: (488 in 1:04-cv-04968-VSB) MOTION to Remand Phase 1 Claims Against Shell and BP Defendants.. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(Axline, Michael)
August 15, 2017 Opinion or Order Filing 4464 REPLY MEMORANDUM OF LAW in Support re: (488 in 1:04-cv-04968-VSB) MOTION to Remand Phase 1 Claims Against Shell and BP Defendants. . Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(Axline, Michael)
August 8, 2017 Opinion or Order Filing 4463 DECLARATION of Matthew T. Heartney in Opposition re: 4460 MOTION to Remand Phase 1 Claims Against Shell and BP Defendants.. Document filed by Atlantic Richfield Company, BP Products North America, Inc.(formerly known as Amoco Oil Company), BP West Coast LLC. (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)(Heartney, Matthew)
August 8, 2017 Opinion or Order Filing 4462 MEMORANDUM OF LAW in Opposition re: 4460 MOTION to Remand Phase 1 Claims Against Shell and BP Defendants. . Document filed by Atlantic Richfield Company, BP Products North America, Inc.(formerly known as Amoco Oil Company), BP West Coast LLC. (Heartney, Matthew)
July 26, 2017 Opinion or Order Filing 4461 DECLARATION of Michael Axline in Support re: (488 in 1:04-cv-04968-VSB) MOTION to Remand Phase 1 Claims Against Shell and BP Defendants.. Document filed by Orange County Water District. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(Axline, Michael)
July 26, 2017 Opinion or Order Filing 4460 MOTION to Remand Phase 1 Claims Against Shell and BP Defendants. Document filed by Orange County Water District.Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(Axline, Michael)
July 26, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael D. Axline to RE-FILE Document (4459 in 1:00-cv-01898-VSB, 487 in 1:04-cv-04968-VSB) MOTION to Remand Phase 1 Claims Against Shell and BP Defendants. ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(db)
July 25, 2017 Opinion or Order Filing 4459 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand Phase 1 Claims Against Shell and BP Defendants. Document filed by Orange County Water District. (Attachments: # 1 Affidavit of Michael Axline)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(Axline, Michael) Modified on 7/26/2017 (db).
July 19, 2017 Opinion or Order Filing 4458 MANDATE of USCA (Certified Copy) as to (4301 in 1:00-cv-01898-VSB, 467 in 1:04-cv-04968-VSB) Notice of Appeal, filed by Orange County Water District. USCA Case Number 15-3934. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is VACATED and the claims against BP and Shell are REMANDED for further proceedings consistent with the Court's opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/19/2017. (Attachments: # 1 Opinion)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(nd)
June 21, 2017 Opinion or Order Filing 4457 NOTICE OF CHANGE OF ADDRESS by Peter C. Condron on behalf of Equilon Enterprises L L C, Motiva Enterprises L L C, Shell Oil Co., Shell Oil Company, Shell Oil Products Company, Shell Oil Products Company LLC, Shell Petroleum Inc, Shell Trading (U S) Co, Shell Trading (US) Company, T M R Co. New Address: Crowell & Moring LLP, 1001 Pennsylvania Ave. NW, Washington, DC, US 20004, 202-624-2558. Filed In Associated Cases: 1:00-cv-01898-VSB et al.(Condron, Peter)
June 21, 2017 Opinion or Order Filing 4456 NOTICE OF CHANGE OF ADDRESS by Richard E. Wallace, Jr on behalf of Equilon Enterprises L L C, Motiva Enterprises L L C, Shell Oil Co., Shell Petroleum Inc, Shell Trading (U S) Co, T M R Co. New Address: Crowell & Moring LLP, 1001 Pennsylvania Ave. NW, Washington, DC, US 20004, 202-624-2609. (Wallace, Richard)
June 12, 2017 Opinion or Order Filing 4455 LETTER addressed to Judge Vernon S. Broderick from James L. Messenger dated June 12, 2017 Document filed by Coastal Eagle Point Oil Company, El Paso Merchant Energy -Petroleum Company.(Messenger, James)
June 12, 2017 Opinion or Order Filing 4454 OPINION of USCA as to (4301 in 1:00-cv-01898-VSB, 467 in 1:04-cv-04968-VSB) Notice of Appeal, filed by Orange County Water District. USCA Case Number 15-3934-cv. Plaintiff-Appellant Orange County Water District appeals from a judgment in consolidated multi-district litigation in the United States District Court for the Southern District of New York (Shira A. Scheindlin, Judge). The district court granted summary judgment to Defendants-Appellees BP and Shell on the ground that the Orange County Water District's suit was barred by res judicata as a consequence of earlier consent judgments entered in California state court resolving similar suits against BP and Shell brought by the Orange County District Attorney. Because we conclude that the record does not sufficiently establish that the Orange County District Attorney and the Orange County Water District were in privity, we vacate the district court's res judicata determination and remand the claims against BP and Shell to the Southern District of New York for further proceedings consistent with this opinion.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/12/2017. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(nd)
June 1, 2017 Opinion or Order Filing 4452 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel and pursuant to Local Civil Rule 1.4, that Michael D. Goodstein, Esq. of Hunsucker Goodstein, PC, shall be substituted in the place of and in the stead of McGuire Woods LLP, as counsel of record for Defendant Western Refining Yorktown, Inc. (in its capacity as an MTBE Defendant) in the matter Commonwealth of Pennsylvania v. Exxon Mobil Corp. et al., No. 1:14-cv-06228 and In re: Methyl Tertiary Butyl Ether Products Liability Litigation, Master File No. 1:00-1898 MDL 1358 (VSB). Therefore, pursuant to Local Civil Rule 1.4, Western Refining Yorktown, Inc. seeks an order for substitution of counsel. PLEASE TAKE NOTICE that all pleadings, notices of hearing, and other filings in this matter be served upon the undersigned incoming counsel at the addresses set forth below. Michael D. Goodstein 5335 Wisconsin Avenue NW, Suite 410, Washington, D.C. 20015, Tel.: (202) 895-5380, Fax: (202) 895-5390, mgoodstein@hgnlaw.com. Attorney Jonathan Wolfson terminated. (Signed by Judge Vernon S. Broderick on 6/1/2017) (rj)
May 23, 2017 Opinion or Order Filing 4453 STIPULATION RELATED TO SETTLEMENT WITH CONOCOPHILLIPS COMPANY ONLY: THEREFORE, in response to the Court's decision and the previous objections of the non-settling defendants, Plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to 23. 24 ("Spill Act"), that is allocated by the fact finder in this action to ConocoPhillips based on its percentage of relative fault.Plaintiffs further agree that in any trial of this action, the trier of fact shall determine ConocoPhillips's percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if ConocoPhillips had remained a non-settling defendant. Except Stipulation as is provided strictly in paragraph 1 limited to the above, this ConocoPhillips Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. Conoco Phillips Co. (formerly known as Phillips Petroleum Co doing business as Phillips 66 CO. doing business as Phillips Chemical Co doing business as Phillips Oil Co other Conoco Inc other Tosco Corp.) terminated. (Signed by Judge Vernon S. Broderick on 5/23/2017) (rj)
May 2, 2017 Opinion or Order Filing 4451 STIPULATION & ORDER PURSUANT TO JPML RULE 10.4(a): IT IS STIPULATED AND AGREED AS FOLLOWS: 1. The parties request that the documents listed on Attachment A, which were previously submitted to the MDL Court but not docketed, be added to the docket for Case No. 07-cv-10470. Such documents will be promptly filed by the parties via ECF upon entry of this Order; and 2. The parties further request that, after such addition, the entirety of the docket for Case No. 07-cv-10470, with the exception of the documents listed on Attachment B, be remanded to the United States District Court for District of Puerto Rico; and 3. The parties further request that the documents listed on Attachment C, which are contained on the MDL 1358 Master Docket, Case No. 00-cv-1898, also be remanded to the United States District Court for District of Puerto Rico. (Signed by Judge Vernon S. Broderick on 5/2/2017) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:07-cv-10470-VSB(mro)
April 17, 2017 Opinion or Order Filing 4450 ORDER GRANTING WITHDRAWAL OF COUNSEL granting (717 in case 1:07-cv-10470-VSB) Motion to Withdraw as Attorney. The motion to withdraw the appearance of Albniz Couret-Fuentes as counsel of record for defendant Total Petroleum Puerto Rico Corp., pursuant to Local Civil Rule 1.4 of the Local Rules of this Court, is hereby GRANTED. (Attorney Albeniz Couret-Fuentes terminated). (Signed by Judge Vernon S. Broderick on 4/17/2017) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:07-cv-10470-VSB (cla)
January 5, 2017 Opinion or Order Filing 4449 ORDER APPROVING WITHDRAWAL OF APPEARANCE granting (311) Motion to Withdraw as Attorney. The Motion for Withdrawal of Appearance of James P. Tuite as counsel of record for Defendants (i) LUKOIL Americas Corporation, (ii) LUKOIL North America LLC, and (iii) LUKOIL Pan Americas, LLC, under Local Civil Rule 1.4, is hereby GRANTED. (Attorney James P. Tuite terminated in case 1:14-cv-06228-VSB). (Signed by Judge Vernon S. Broderick on 1/5/2017) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB (cla)
December 21, 2016 Opinion or Order Filing 4448 LETTER addressed to Judge Vernon S. Broderick from James A. Pardo dated 12-21-16 re: Discovery Disputes. Document filed by Exxon Mobil Corp. (Attachments: # 1 Exhibit A)(Pardo, James)
November 4, 2016 Opinion or Order Filing 4447 LETTER addressed to Judge Vernon S. Broderick from Kelly Murrie dated November 4, 2016 re: Withdrawl of appearance of Jennifer L. Aspinall, Deceased. Document filed by Premcor Refining Group Inc., Valero Energy Corp., Valero Marketing & Supply Co, Valero Refining & Marketing Co.(Murrie, Kelly)
September 23, 2016 Opinion or Order Filing 4446 ORDER granting 4445 Motion for Carlton Dalbey Wilde, III to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
September 21, 2016 Opinion or Order Filing 4445 MOTION for Carlton Dalbey Wilde, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12784471. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Total Petrochemicals & Refining USA, Inc.. (Attachments: # 1 Exhibit Carlton D. Wilde, III's Certificate of Good Standing - Supreme Court of Texas, # 2 Text of Proposed Order Granting Motion for Admission Pro Hac Vice - Carlton D. Wilde, III)(Wilde, Carlton)
September 21, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4445 MOTION for Carlton Dalbey Wilde, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12784471. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 26, 2016 Opinion or Order Filing 4444 MEMO ENDORSEMENT granting (301) Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. Attorney Matthew A. Scarola terminated in case 1:14-cv-06228-VSB. (Signed by Judge Vernon S. Broderick on 8/26/2016) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-06228-VSB (lmb)
June 28, 2016 Opinion or Order Filing 4443 MEMORANDUM OF LAW in Support re: (519 in 1:08-cv-00312-VSB) MOTION for Leave to File Fifth Amended Complaint . . Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Axline, Michael)
June 28, 2016 Opinion or Order Filing 4442 MOTION for Leave to File Fifth Amended Complaint . Document filed by New Jersey Department of Environmental Protection. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Axline, Michael)
May 17, 2016 Opinion or Order Filing 4441 MANDATE of USCA (Certified Copy) as to (217 in 1:14-cv-01014-VSB, 4371 in 1:00-cv-01898-VSB) Notice of Appeal, filed by Commonwealth of Puerto Rico. USCA Case Number 16-333. The parties have filed a stipulation to withdraw the above-captioned appeal with prejudice. The stipulation is SO ORDERED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/17/2016. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:14-cv-01014-VSB(nd)
May 16, 2016 Opinion or Order Filing 4440 MANDATE of USCA (Certified Copy) as to (687 in 1:07-cv-10470-VSB, 4370 in 1:00-cv-01898-VSB) Notice of Appeal, filed by Commonwealth of Puerto Rico. USCA Case Number 16-329. The parties have filed a stipulation to withdraw the above-captioned appeal with prejudice. The stipulation is SO ORDERED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/16/2016. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:07-cv-10470-VSB(nd)
May 16, 2016 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Shira A. Scheindlin is no longer assigned to the case. (sjo)
May 12, 2016 Opinion or Order Filing 4439 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 4/26/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 12, 2016 Opinion or Order Filing 4438 TRANSCRIPT of Proceedings re: Conference held on 4/26/2016 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2016. Redacted Transcript Deadline set for 6/16/2016. Release of Transcript Restriction set for 8/15/2016.(McGuirk, Kelly)
May 11, 2016 Opinion or Order Filing 4437 NOTICE OF APPEARANCE by David Jonathan Kahne on behalf of Hartree Partners, LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(Kahne, David)
May 11, 2016 Opinion or Order Filing 4436 NOTICE OF APPEARANCE by Melvin Arnold Brosterman on behalf of Hartree Partners, LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(Brosterman, Melvin)
May 11, 2016 Opinion or Order Filing 4435 NOTICE OF APPEARANCE by Francis Charles Healy on behalf of Hartree Partners, LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(Healy, Francis)
May 5, 2016 Opinion or Order Filing 4434 NOTICE OF APPEARANCE by Eugene Anthony Giotto on behalf of Guttman Realty Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(Giotto, Eugene)
April 29, 2016 Opinion or Order Filing 4433 CASE MANAGEMENT ORDER NO. 122: This CMO memorializes rulings made at the April 26, 2016 status conference, as well as agreements reached by the Parties regarding preliminary discovery for Phase II of this case. 1) EXCHANGE OF INITIAL DISCOVERY: a) By Plaintiffs: By July 19, 2016, Plaintiffs shall: i) Answer Defendants' March 4, 2016 First Set of Discovery on Non-Trial Sites ("First Set") as follows: A) Answer Interrogatory No. 1 as to each site. Plaintiffs need not identify defendants by each cause of action being asserted. B) Answer Interrogatory No. 2 as written to the extent Plaintiffs knows of the supplier(s). Plaintiffs shall indicate date range of supply, if known. C) Plaintiffs need not answer Interrogatory No. 3 because it merely asks Plaintiffs to identify the additional information and/or documents it needs to answer Interrogatory No. 2, which the Court determine does not require a response. D) Answer Interrogatory No. 4 as written. E) Produce the written report and laboratory report that formed the basis of Plaintiffs' answer to Interrogatory No. 4 (a) and (b). PHASE II DISCOVERY & STRUCTURE: By October 14, 2016, the parties will begin to meet and confer regarding (i) additional discovery required in Phase II; (ii) potential for stipulated dismissal of sites; and (iii) a Phase II trial structure consistent with CMO 124. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 4/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(kl)
April 29, 2016 Opinion or Order Filing 4432 CASE MANAGEMENT ORDER NO. 123: MTBE DISCHARGE INFORMATION: By May 2, 2016, each Defendant shall produce the MTBE discharge/detection site information that was previously agreed on and memorialized in the Parties' February 26, 2016, email exchange. Within 30 days after October 14, 2016, the parties shall begin meeting and conferring to develop a proposed approach to any necessary additional Phase II discovery and Phase II trial structure consistent with CMO 124. As soon as is practicable thereafter, the Parties shall provide the Court with a joint proposed Case Management Order consistent with this Order. To the extent they cannot reach agreement, the Parties shall submit two competing proposed Case Management Orders. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 4/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
April 29, 2016 Opinion or Order Filing 4431 CASE MANAGEMENT ORDER NO. 124: It is hereby ORDERED that any and all claims that remain following the Phase I trials shall be resolved in a single trial ("Phase II"), so long as such a trial protects the constitutional rights of all parties. The parties are directed to meet and confer on the structure of a Phase II trial in each case by the dates set in CMO No. 122 section 2 and CMO No. 123 section 6. Any dispute regarding the structure of such a trial will be resolved by the Court after full briefing, if required. Because the New Jersey and Puerto Rico I cases differ, the parties are not required to reach the same structure for a Phase II trial in each of those cases. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 4/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS, 1:08-cv-00312-SAS(kl)
April 29, 2016 Opinion or Order Filing 4430 OPINION AND ORDER: re: (285 in 1:14-cv-06228-SAS) MOTION for Reconsideration re; (279) Memorandum & Opinion, filed by Lukoil Americas Corporation. For the foregoing reasons, LAC's Motion for Reconsideration is DENIED. The Clerk of the Court is directed to close this motion (Dkt. No. 285). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 4/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(ama)
April 29, 2016 Opinion or Order Filing 4429 CASE MANAGEMENT ORDER NO. 121: This CMO memorializes rulings made at the April 26, 2016 status conference and other agreements of the parties. NON-SITE-SPECIFIC DISCOVERY: To the extent any limitations previously existedon the scope of non-site-specific discovery, such limitations are removed and the parties may engage in full non-site-specific discovery, including depositions.( And as set forth in this Order). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 4/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(ama)
April 29, 2016 Opinion or Order Filing 4428 ORDER OF DISMISSAL AS TO DEFENDANT DUKE ENERGY MERCHANTS LLC ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and Defendant Duke Energy Merchants LLC only, the matter as to Defendant Duke Energy Merchants LLC only shall be and hereby is dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 4/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ama)
April 27, 2016 Opinion or Order Filing 4427 NOTICE OF CHANGE OF ADDRESS by James L. Messenger on behalf of El Paso Merchant Energy-Petroleum Co. New Address: Gordon Rees Scully Mansukhani, LLP, 21 Custom House, Boston, Massachusetts, United States 02110, 857-263-2000. (Messenger, James)
April 26, 2016 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 4/26/2016. (ade)
April 26, 2016 Opinion or Order Filing 4426 STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST CROWN CENTRAL LLC AND SUN COMPANY, INC.: NOW THEREFORE it is stipulated and agreed that, pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs in the above-captioned cases (collectively "Plaintiffs") and Crown Central LLC and Sun Company, Inc. (collectively, "Dismissal Defendants"), hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Dismissal Defendants as set forth in Plaintiffs' Complaints. All remaining defendants should be dismissed with prejudice pursuant to the December 5, 2014 Stipulation and Order. The Clerk of the Court is directed to close these cases. (As further set forth in this Order.) (Signed by Judge Shira A. Scheindlin on 4/26/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:13-cv-07247-SAS, 1:13-cv-07271-SAS, 1:13-cv-07272-SAS, 1:13-cv-07299-SAS(spo)
April 26, 2016 Opinion or Order Filing 4425 MEMORANDUM OF LAW in Opposition re: (285 in 1:14-cv-06228-SAS) MOTION for Reconsideration re; (279) Memorandum & Opinion, . . Document filed by The Commonwealth of Pennsylvania. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(Axline, Michael)
April 26, 2016 Opinion or Order Filing 4424 LETTER addressed to Judge Shira A. Scheindlin from William Walsh dated 04/21/2016 re: Pre-conference reply letter. Document filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B-E)(Walsh, William)
April 26, 2016 Opinion or Order Filing 4423 LETTER addressed to Judge Shira A. Scheindlin from William Walsh dated 04/18/2016 re: Pre-conference letter. Document filed by All Plaintiffs.(Walsh, William)
April 26, 2016 Opinion or Order Filing 4422 LETTER addressed to Judge Shira A. Scheindlin from William Walsh dated 02/11/2016 re: Pre-Conference Reply Letter. Document filed by All Plaintiffs.(Walsh, William)
April 26, 2016 Opinion or Order Filing 4421 LETTER addressed to Judge Shira A. Scheindlin from Curt Marshall dated 02/08/2016 re: Pre-Conference Letter. Document filed by All Plaintiffs.(Walsh, William)
April 21, 2016 Opinion or Order Filing 4420 LETTER addressed to Judge Shira A. Scheindlin from JAMES A. PARDO dated 4/21/2016 re: Defendants' Pre-conference Reply Letter for the 4/26/2016 Status Conference. Document filed by Exxon Mobil Corp.(Pardo, James)
April 18, 2016 Opinion or Order Filing 4419 LETTER addressed to Judge Shira A. Scheindlin from JAMES A. PARDO dated 4/18/2016 re: Defendants' Pre-Conference Letter for the 4/26/16 Status Conference. Document filed by Exxon Mobil Corp. (Attachments: # 1 Exhibit JOINT AGENDA)(Pardo, James)
April 18, 2016 Opinion or Order Filing 4418 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Guttman Realty Company.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(Rivlin, Daniel)
April 18, 2016 Opinion or Order Filing 4417 NOTICE OF APPEARANCE by Daniel Zev Rivlin on behalf of Guttman Realty Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(Rivlin, Daniel)
April 15, 2016 Opinion or Order Filing 4416 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: (243 in 1:14-cv-06228-SAS) MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim. . Document filed by The Commonwealth of Pennsylvania. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(Axline, Michael)
April 15, 2016 Opinion or Order Filing 4415 OPINION AND ORDER #106426: For the foregoing reasons, the Commonwealth's Motion for Reconsideration is GRANTED, the Court's December 3, 2015 opinion is VACATED as to the finding that the Court lacks personal jurisdiction over Trammo Petroleum, and Trammo Petroleum is reinstated as a defendant. The Clerk of the Court is directed to close this motion (Dkt. No. 677). (As further set forth in this Opinion) (Signed by Judge Shira A. Scheindlin on 4/15/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(kl) Modified on 5/4/2016 (ca).
April 13, 2016 Opinion or Order Filing 4414 ORDER APPROVING WITHDRAWAL OF COUNSEL in case 1:04-cv-04968-SAS; granting (4409) Motion to Withdraw as Attorney. The Motion to Withdraw Appearance of Counsel Berj Khoren Parseghian. Jamie Olivia Kendall, and Jesus R. Chavez, as counsel of record for Defendants Tesoro Corporation (formerly known as Tesoro Petroleum Corporation) and Tesoro Refining & Marketing Company (erroneously named by Plaintiff as Tesoro Refining & Marketing Company Inc.), pursuant to Local Civil Rule 1.4 of the Local Rules of this Court, is hereby GRANTED. Attorney Berj Khoren Parseghian; Jesus R. Chavez and Jamie O. Kendall terminated in case 1:00-cv-01898-SAS-DCF. (Signed by Judge Shira A. Scheindlin on 4/13/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS (kl)
April 13, 2016 Opinion or Order Filing 4413 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 3/29/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
April 13, 2016 Opinion or Order Filing 4412 ORDER: The Commonwealth of Pennsylvania's (the "Commonwealth's") request to supplement the Declaration of Molly McGinley Han in Support of the Commonwealth's Opposition to LUKOIL Americas Corporation's ("LAC's") Motion to Dismiss for Lack of Personal Jurisdiction with the document attached to its April 11, 2016 letter to this Court is GRANTED. The Commonwealth may file a supplemental brief of no more than three pages, double-spaced, by April 15, 2016. LAC may file a responsive brief of the same length with no more than five pages of exhibits by April 22, 2016. In addition, both parties must file their letters of April 11 and April 12, 2016, with this Court. SO ORDERED. (Responses due by 4/22/2016) (Signed by Judge Shira A. Scheindlin on 4/13/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(kl)
April 13, 2016 Opinion or Order Filing 4411 TRANSCRIPT of Proceedings re: conference held on 3/29/2016 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/9/2016. Redacted Transcript Deadline set for 5/19/2016. Release of Transcript Restriction set for 7/15/2016.(McGuirk, Kelly)
April 12, 2016 Opinion or Order Filing 4409 MOTION for Berj Khoren Parseghian, Jamie Olivia Kendall and Jesus R. Chavez to Withdraw as Attorney . Document filed by Tesoro Petroleum Corporation., Tesoro Refining and Marketing Company, Inc.. (Attachments: # 1 [Proposed] Order Approving Withdrawal of Counsel)(Doyle, Colleen)
April 12, 2016 Opinion or Order Filing 4408 NOTICE OF APPEARANCE by Diana Pfeffer Martin on behalf of Tesoro Petroleum Corporation., Tesoro Refining and Marketing Company, Inc.. (Martin, Diana)
April 12, 2016 Opinion or Order Filing 4407 NOTICE OF APPEARANCE by Colleen P. Doyle on behalf of Tesoro Petroleum Corporation., Tesoro Refining and Marketing Company, Inc.. (Doyle, Colleen)
April 11, 2016 Opinion or Order Filing 4410 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Matthew D. Thurlow dated 4/8/2016 re: hereby informs the Court that Alan E. Kraus recently passed away, and requests that the Court withdraw the appearance of Alan E. Kraus as counsel in this matter. ENDORSEMENT: The request to withdraw Alan Kraus as counsel is GRANTED. SO ORDERED. Attorney Alan E. Kraus terminated. (Signed by Judge Shira A. Scheindlin on 4/11/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(kl)
April 7, 2016 Opinion or Order Filing 4406 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: SO ORDERED. Attorney Jaime Lisa Abraham terminated. (Signed by Judge Shira A. Scheindlin on 4/7/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(kl)
April 4, 2016 Opinion or Order Filing 4405 OPINION AND ORDER #106384: For the foregoing reasons, I conclude that the inadvertently produced emails are covered by the attorney-client privilege but the crime fraud exception applies. Accordingly, the Commonwealth need not return these records and may use them in prosecuting this action. (As further set forth in this Opinion) (Signed by Judge Shira A. Scheindlin on 4/4/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(kl) Modified on 4/14/2016 (ca).
March 29, 2016 Opinion or Order Filing 4404 ORDER OF DISMISSAL AS TO DEFENDANTS COASTAL EAGLE POINT OIL COMPANY AND EL PASO CORPORATION (n/k/a El Paso LLC) ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and Defendants Coastal Eagle Point Oil Company and El Paso Corporation (n/k/a El Paso LLC) only, the matter as to Defendants Coastal Eagle Point Oil Company and El Paso Corporation (n/k/a El Paso LLC) only shall be and hereby is dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 3/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl) Modified on 3/29/2016 (kl).
March 29, 2016 Opinion or Order Filing 4403 ORDER OF DISMISSAL AS TO DEFENDANT VITOL S.A. ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and defendant Vitol S.A., the matter as to Vitol S.A. shall be and hereby is dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 3/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
March 28, 2016 Opinion or Order Filing 4402 STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE: It is hereby AGREED, STIPULATED and ORDERED that: The City's currently remaining claim asserted in this litigation, specifically the Tenth cause of action of the City's Fourth Amended Complaint is hereby dismissed, without prejudice, as against the ExxonMobil Defendants pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure. Each Party shall bear its own costs, expenses and fees. The Clerk of the Court is directed to close this case. SO ORDERED. Exxon Mobil Corporation and Exxon Mobil Oil Corporation terminated. (Signed by Judge Shira A. Scheindlin on 3/28/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(kl) Modified on 3/29/2016 (kl).
March 24, 2016 Opinion or Order Filing 4401 LETTER addressed to Judge Shira A. Scheindlin from JAMES A. PARDO dated 3/24/16 re: DEFENDANTS' PRECONFERENCE REPLY LETTER FOR THE 3/29/16 CONFERENCE. Document filed by Exxon Mobil Corp.(Pardo, James)
March 23, 2016 Opinion or Order CASHIERS OFFICE REMARK on 4399 Order Admitting Attorney Pro Hac Vice,, in the amount of $200.00, paid on 3/23/2016, Receipt Number 465401148825. (nm)
March 23, 2016 Opinion or Order CASHIERS OFFICE REMARK on 4399 Order Admitting Attorney Pro Hac Vice,, in the amount of $200.00, paid on 3/23/2016, Receipt Number 465401148826. (nm)
March 23, 2016 Opinion or Order CASHIERS OFFICE REMARK on 4399 Order Admitting Attorney Pro Hac Vice,, in the amount of $200.00, paid on 3/23/2016, Receipt Number 465401148828. (nm)
March 22, 2016 Opinion or Order Filing 4400 LETTER addressed to Judge Shira A. Scheindlin from JAMES A. PARDO dated 3/21/2016 re: DEFENDANTS' PRE-CONFERENCE LETTER FOR THE 3/29/16 STATUS CONFERENCE. Document filed by Exxon Mobil Corp. (Attachments: # 1 Exhibit JOINT AGENDA)(Pardo, James)
March 18, 2016 Opinion or Order Filing 4399 ORDER: The Court has considered the unopposed request of Petroleum Products Corporation (now known as Pyramid LLC) to admit pro hac vice Barry Goheen, Esq., Geoffrey M. Drake, Esq., and Jonathan M. Goossen, Esq., of King & Spalding LLP and the request is hereby GRANTED; IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Barry Goheen, Esq., Geoffrey M. Drake, Esq., and Jonathan M. Goossen, Esq. are admitted to practice before this Court pro hac vice on behalf of Petroleum Products Corporation (now known as Pyramid LLC) in this civil action upon the deposit of the required $600 fee to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 3/18/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(ama)
March 17, 2016 Opinion or Order Filing 4398 ORDER: Having considered the recently filed Notice of Voluntary Dismissal Without Prejudice Under Fed. R. Civ. P. 41(a)(1) of HOVENSA L.L.C. under Federal Rule of Civil Procedure 41(a)(1), it is hereby: ORDERED that HOVENSA L.L.C. is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). (Signed by Judge Shira A. Scheindlin on 3/17/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-01014-SAS(mro)
March 17, 2016 Opinion or Order Filing 4397 ORDER: Having considered the recently filed Joint Motion for Voluntary Dismissal Without Prejudice Under Fed. R. Civ. P. 41(a)(2) as to Hess Corporation and Hess Oil Virgin Islands Corporation, it is hereby: ORDERED that Hess Corporation and Hess Oil Virgin Islands Corporation are dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). (Signed by Judge Shira A. Scheindlin on 3/17/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-01014-SAS(mro)
March 14, 2016 Opinion or Order Filing 4396 ORDER APPROVING WITHDRAWAL OF COUNSEL BRIAN J. SULLIVAN in case 1:01-cv-00704-SAS; granting (4391) Motion to Withdraw as Attorney. The motion to withdraw the appearance of Brian J. Sullivan as counsel of record for Defendants Cumberland Farms, Inc. and Gulf Oil Limited Partnership, pursuant to Local Civil Rule 1.4 of the Local Rules of this Court, is hereby GRANTED. SO ORDERED. Attorney Brian J. Sullivan terminated in case 1:00-cv-01898-SAS-DCF. (Signed by Judge Shira A. Scheindlin on 3/14/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al. (kl)
March 14, 2016 Opinion or Order Filing 4395 CASE MANAGEMENT ORDER NO. 120 (APPLICATION OF REVISED CONFIDENTIALITY ORDER TO PRODUCTION OF DOCUMENTS OR THINGS PURSUANT TO API SUBPOENA): Therefore, it is hereby ORDERED that the provisions of the Revised Confidentiality Order entered by the Court on September 24, 2004 in In Re MTBE Products Liability Litigation, MDL No. 1358 ("RCO"), a true and correct copy of which is annexed hereto as Exhibit 1, regarding the production and disclosure of confidential documents, information or other things shall apply to the testimony, documents, information or other things produced or disclosed by API pursuant to the terms set forth below: Any testimony, documents, information or other things produced or disclosed by API pursuant to the Subpoena, including transcripts or other media recording of deposition testimony by API or its representatives, 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 those transcripts, documents, information or other things contain a trade secret or other confidential research, development, or commercially sensitive information to the fullest extent permitted under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure (collectively, "CONFIDENTIAL MATERIALS") (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 3/14/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(kl)
March 14, 2016 Opinion or Order Filing 4394 DECLARATION of Molly McGinley Han in Opposition re: (243 in 1:14-cv-06228-SAS) MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim.. Document filed by The Commonwealth of Pennsylvania. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(Axline, Michael)
March 14, 2016 Opinion or Order Filing 4393 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 3/1/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
March 14, 2016 Opinion or Order Filing 4392 TRANSCRIPT of Proceedings re: conference held on 3/1/2016 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2016. Redacted Transcript Deadline set for 4/18/2016. Release of Transcript Restriction set for 6/16/2016.(McGuirk, Kelly)
March 11, 2016 Opinion or Order Filing 4391 MOTION for Brian J. Sullivan to Withdraw as Attorney . Document filed by Cumberland Farms Inc., Gulf Oil Limited Partnership. (Attachments: # 1 Proposed Order)(Higgins, Chad)
March 7, 2016 Opinion or Order Filing 4390 JOINT SUGGESTION TO REMAND: The Court hereby finds that discovery on the Phase I Trial Sites has been substantially completed. Furthermore, the Court has issued its rulings with respect to all summary judgment motions filed concerning the Phase I Trial Sites. Accordingly, the Court hereby finds that the coordinated and consolidated pretrial proceedings have run their course with respect to claims related to the Phase I Trial Sites. The Court therefore suggests that the Panel remand to the United States District Court for the District of Puerto Rico all Phase I Trial Sites identified above for all further proceedings, including additional pretrial, trial and post-trial proceedings. Such proceedings shall be consistent with CMO 1173 and with the Court's above-referenced summary judgment rulings. As of this time this Court will retain jurisdiction over the remainder of the Action in order to conduct coordinated and consolidated pretrial proceedings. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 3/7/2016) ***A copy of the Order was forwarded via email to the MDL Clerk on 3/15/16*** Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(kl) Modified on 3/15/2016 (kl).
March 4, 2016 Opinion or Order Filing 4389 NOTICE OF APPEARANCE by William Andrew Walsh on behalf of City of Breaux Bridge. (Walsh, William)
March 3, 2016 Opinion or Order Filing 4388 ORDER: The March 14, 2016 MTBE Status Conference for all cases is rescheduled for March 29, 2016 at 2:30PM. ( Status Conference set for 3/29/2016 at 02:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 3/3/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al., pursuant to instructions from Chambers. (mro) Modified on 3/4/2016 (mro).
March 2, 2016 Opinion or Order Filing 4386 ORDER FOR FEES RELATED TO THE SETTLEMENTS WITH DEFENDANTS COASTAL EAGLE POINT OIL COMPANY AND EL PASO CORPORATION (n/k/a EL PASO LLC) AND WITH DEFENDANT DUKE ENERGY MERCHANTS, LLC: ORDERED as follows: 1. Special Counsel shall be and herby is entitled to a fee of twenty percent (20%) of the net recovery resulting from the settlement with Coastal and the settlement with Duke, the Court having found such fee to be reasonable and in accordance with Rule 1:21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. 2. Plaintiffs shall pay said amount to Special Counsel forthwith, specifically $4,000,000 as to the settlement with Coastal and $340,000 as to the settlement with Duke. 3. A copy of the within Order shall be served upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 3/2/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
March 1, 2016 Opinion or Order Filing 4387 ORDER: Having considered the recently filed Joint Motion for Voluntary Dismissal Without Prejudice Under Fed. R. Civ. P. 41(a)(2) as to Hess Oil Virgin Islands Corporation and HOVENSA L.L.C., it is hereby: ORDERED that Hess Oil Virgin Islands Corporation and HOVENSA L.L.C. are dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). SO ORDERED. Hess Oil Virgin Islands Corporation and Hovensa L.L.C. terminated. (Signed by Judge Shira A. Scheindlin on 3/1/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(kl)
March 1, 2016 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 3/1/2016.
February 29, 2016 Opinion or Order Filing 4384 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 2/16/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 29, 2016 Opinion or Order Filing 4383 TRANSCRIPT of Proceedings re: conference held on 2/16/2016 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/24/2016. Redacted Transcript Deadline set for 4/4/2016. Release of Transcript Restriction set for 6/3/2016.(McGuirk, Kelly)
February 29, 2016 Opinion or Order Filing 4382 LETTER addressed to Judge Shira A. Scheindlin from JAMES A. PARDO dated 2/26/16 re: The March 1, 2016 Hearing. Document filed by Exxon Mobil Corp. (Attachments: # 1 Exhibit A)(Pardo, James)
February 23, 2016 Opinion or Order Filing 4381 ORDER FOR ADMISSION PRO HAC VICE: The request of Meghan E. Judge, for admission to practice Pro Hac Vice in the above captioned action has been granted. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 2/23/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(kl)
February 19, 2016 Opinion or Order Filing 4385 CONSENT DECREE AS TO DUKE ENERGY MERCHANTS, LLC ONLY: THEREFORE, with the consent of the Parties to this Consent Decree, it is hereby ORDERED and ADJUDGED: This case was removed to the United States District Court for the District of New Jersey pursuant to 28 U.S. C. § 1446(d) and the Energy Policy Act of 2005, 42 U.S.C. § 7545, et seq., which expressly authorized the removal of legal actions related to allegations involving MTBE contamination, and then assigned to the Southern District of New York ("S.D.N.Y.") as part of the Multi-District Litigation. For purposes of approving and implementing this Consent Decree, the Parties to this Consent Decree waive all objections and defenses they may have to the jurisdiction of this Court over the Parties and this Consent Decree. The Parties shall not challenge the S.D.N.Y.'s jurisdiction to enforce this Consent Decree against the parties to this Consent Decree. Within fourteen (14) days after the effective date of this Consent Decree, Duke shall pay the Plaintiffs One Million Seven Hundred Thousand Dollars ($1,700,000.00). (As further set forth in this Order) Duke Energy Merchants, LLC terminated. (Signed by Judge Shira A. Scheindlin on 2/19/2016) (kl) Modified on 2/29/2016 (kl). (Additional attachment(s) added on 2/29/2016: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Appendix E, # 6 Appendix F) (kl).
February 19, 2016 Opinion or Order ***DELETED DOCUMENT. Deleted document number 4379 Consent Decree. The document was incorrectly filed in this case. (kl)
February 19, 2016 Opinion or Order Filing 4380 ORDER: Having considered the recently filed Notice of Voluntary Dismissal With Prejudice Under Fed. R. Civ. P. 41(a)(1) of Colonial Group, Inc., Colonial Oil Industries, Inc. and Colonial Caribbean, Inc. under Federal Rule of Civil Procedure 41(a)(1), it is hereby: ORDERED that Colonial Group, Inc., Colonial Oil Industries, Inc. and Colonial Caribbean, Inc. are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). Colonial Caribbean Inc. and Colonial Oil Industries, Inc. terminated. (Signed by Judge Shira A. Scheindlin on 2/19/2016) (kl)
February 19, 2016 Opinion or Order Filing 4378 STIPULATION RELATED TO SETTLEMENT WITH DUKE ENERGY ONLY MERCHANTS LLC: THEREFORE, in response to the Court's decision and the previous objections of the non-settling defendants, Plaintiffs stipulate and agree as follows: 1. Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to 23.24 ("Spill Act"), that is allocated by the fact finder in this action to Duke based on its percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine Duke's percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if Duke had remained a non-settling defendant. Except as provided in paragraph 1 above, this Stipulation is strictly limited to the Duke Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. This Stipulation is expressly contingent and effective only upon the approval by the Court of the Duke Settlement. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 2/19/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
February 19, 2016 Opinion or Order Filing 4377 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, plaintiffs' request is GRANTED. (As further set forth in this Opinion) (Signed by Judge Shira A. Scheindlin on 2/19/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
February 16, 2016 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 2/16/2016.
February 11, 2016 Opinion or Order Filing 4376 LETTER addressed to Judge Shira A. Scheindlin from JAMES A. PARDO dated 2/11/16 re: Defendants' Pre-Conference Reply Letter for the February 16, 2016 Status Conference. Document filed by Exxon Mobil Corp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Pardo, James)
February 8, 2016 Opinion or Order Filing 4375 LETTER addressed to Judge Shira A. Scheindlin from JAMES A. PARDO dated 2/8/16 re: Defendants' Pre-Conference Letter for the February 16, 2016 Status Conference. Document filed by Exxon Mobil Corp. (Attachments: # 1 Exhibit JOINT AGENDA)(Pardo, James)
February 5, 2016 Opinion or Order Filing 4373 DECLARATION of Molly McGinley Han in Opposition re: (243 in 1:14-cv-06228-SAS) MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim.. Document filed by The Commonwealth of Pennsylvania. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(Axline, Michael)
February 5, 2016 Opinion or Order Filing 4372 MEMORANDUM OF LAW in Opposition re: (243 in 1:14-cv-06228-SAS) MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim. . Document filed by The Commonwealth of Pennsylvania. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(Axline, Michael)
February 3, 2016 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (687 in 1:07-cv-10470-SAS, 4370 in 1:00-cv-01898-SAS-DCF) Notice of Appeal. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS. (tp)
February 3, 2016 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (4371 in 1:00-cv-01898-SAS-DCF, 217 in 1:14-cv-01014-SAS) Notice of Appeal. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-01014-SAS. (tp)
February 3, 2016 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (687 in 1:07-cv-10470-SAS, 4370 in 1:00-cv-01898-SAS-DCF) Notice of Appeal, filed by Commonwealth of Puerto Rico were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS. (tp)
February 3, 2016 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (217 in 1:14-cv-01014-SAS, 4371 in 1:00-cv-01898-SAS-DCF) Notice of Appeal, filed by Commonwealth of Puerto Rico were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-01014-SAS. (tp)
February 2, 2016 Opinion or Order Filing 4371 NOTICE OF APPEAL from (4353 in 1:00-cv-01898-SAS-DCF, 215 in 1:14-cv-01014-SAS) Clerk's Judgment,,. Document filed by Commonwealth of Puerto Rico. Filing fee $ 505.00, receipt number 0208-11909625. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-01014-SAS(Axline, Michael)
February 2, 2016 Opinion or Order Filing 4370 NOTICE OF APPEAL from (4353 in 1:00-cv-01898-SAS-DCF, 675 in 1:07-cv-10470-SAS) Clerk's Judgment,,. Document filed by Commonwealth of Puerto Rico. Filing fee $ 505.00, receipt number 0208-11909554. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(Axline, Michael)
February 1, 2016 Opinion or Order Filing 4374 ORDER granting 4369 MOTION for Michael Coy Connelly to Withdraw as Attorney. IT IS HEREBY ORDERED that Total Petrochemicals & Refining USA, Inc.'s Motion to Withdraw Appearance seeking to remove M. Coy Connelly as counsel of record in the above-captioned Multi-District Litigation and all cases consolidated therein pursuant to Local Civil Rule 1.4 is hereby GRANTED. IT IS FURTHER ORDERED that CM/ECF notifications should no longer be delivered to M. Coy Connelly but instead to Amy E. Parker at amy.parker@bracewelllaw.com. SO ORDERED. Attorney M. Coy Connelly and Michael Coy Connelly terminated. (Signed by Judge Shira A. Scheindlin on 2/1/2016) (kl)
January 29, 2016 Opinion or Order Filing 4369 MOTION for Michael Coy Connelly to Withdraw as Attorney . Document filed by Total Petrochemicals & Refining USA, Inc.. (Attachments: # 1 Text of Proposed Order Granting Motion for Withdrawal of Appeaance)(Parker, Amy)
January 28, 2016 Opinion or Order Filing 4368 STIPULATION RELATED TO SETTLEMENT WITH COASTAL EAGLE POINT OIL COMPANY AND EL PASO CORPORATION (n/k/a/ El PASO LLC) ONLY: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 09 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the fact finder in this action to Coastal based on its percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine Coastal's percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if Coastal had remained a non-settling defendant. Except as provided in paragraph 1 above, this Stipulation is strictly limited to the Coastal Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. SO ORDERED. Coastal Eagle Point Oil Company, Coastal Eagle Point Oil Company, Coastal Eagle Point Oil Company, El Paso Corporation, El Paso Corporation, El Paso Corporation, El Paso Corporation, Coastal Eagle Point Oil Co and Coastal Eagle Point Oil Company terminated. (Signed by Judge Shira A. Scheindlin on 1/28/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
January 28, 2016 Opinion or Order Filing 4367 JUDICIAL CONSENT ORDER AS TO COASTAL EAGLE POINT OIL COMPANY AND EL PASO CORPORATION (n/k/a El Paso LLC) ONLY: THEREFORE, with the consent of the Parties to this JCO, it is hereby ORDERED and ADJUDGED: This case was removed to the United States District Court for the District of New Jersey pursuant to 28 U.S. C. § 1446(d) and the Energy Policy Act of 2005, 42 U.S.C. § 7545, et seq., which expressly authorized the removal of legal actions related to allegations involving MTBE contamination, and then assigned to the United States District Court for the Southern District of New York as part of the Multi-District Litigation. 2. For purposes of approving and implementing this JCO, the Parties to this JCO waive all objections and defenses they may have to the jurisdiction of this Court over the Parties and this JCO. The Parties shall not challenge the jurisdiction of the United States District Court for the Southern District of New York to enforce this JCO against the parties to this JCO. This JCO applies to, and is binding upon, the Plaintiffs and the named Settling Defendants, as defined below (each, a "Party" and collectively, the "Parties"). (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 1/28/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl) Modified on 1/28/2016 (kl).
January 28, 2016 Opinion or Order Filing 4366 MEMORANDUM OPINION AND ORDER #106184: Currently before the Court is plaintiffs' request for judicial approval of the Judicial Consent Order ("JCO"), which recites the terms of their settlement with Coastal Eagle Point Oil Company and El Paso Corporation (the "Coastal Defendants"). The JCO resolves all claims against the Coastal Defendants for twenty million dollars. In addition, the JCO is accompanied by a stipulation whereby plaintiffs agree "to reduce any judgment... [by] any portion of any judgment under the New Jersey Spill Compensation and Control Act... that is allocated by the fact finder in this action to Coastal based on its percentage of relative fault." For the reasons stated below, plaintiffs' request is GRANTED. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 1/28/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl) Modified on 2/4/2016 (ca).
January 27, 2016 Opinion or Order Filing 4365 STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST SETTLING DEFENDANTS: Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff in the above-captioned case and Defendants listed in Exhibit 1 (collectively "Settling Defendants"), hereby request that the Court enter this voluntary dismissal with prejudice of all claims set forth in Plaintiff's current complaint against Settling Defendants. Plaintiff reserves all other rights as against all other defendant, if any. The Clerk of Court is directed to close Dkt. No. 21 and terminate this case. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 1/27/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:15-cv-06012-SAS(kl)
January 21, 2016 Opinion or Order Filing 4364 MEMORANDUM OPINION AND ORDER #106157: For the foregoing reasons Vitol's motion to dismiss for insufficient service of process is DENIED, and the motion to dismiss counts III, V, and VI of the Amended Complaint is GRANTED. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 1/21/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(kl) Modified on 1/25/2016 (ca).
January 13, 2016 Opinion or Order Filing 4363 ORDER: NOW THEREFORE, IT IS HEREBY ORDERED as follows: 1. The Commonwealth shall re-file its motion for reconsideration in accordance with the docketing procedures of this Court and such re-filing shall relate back to December 17, 2015, the original date of the filing of such motion. 2. Trammo Petroleum's request for a modification of the briefing schedule is granted. 3. Trammo Petroleum's opposition to the reconsideration motion is now due to be filed on January 21, 2016 and the Commonwealth's reply on such motion is now due to be filed on February 2, 2016. (Responses due by 1/21/2016, Replies due by 2/2/2016.) (Signed by Judge Shira A. Scheindlin on 1/13/2016) (kl)
January 13, 2016 Opinion or Order Filing 4362 BRIEFING SCHEDULE FOR CERTAIN DEFENDANTS' MOTION TO DISMISS & LUKOIL AMERICAS CORPORATION'S MOTION TO DISMISS: WHEREAS Certain Defendants and Lukoil Americas Corporation filed motions to dismiss on January 8, 2016. NOW THEREFORE, it is ordered that Plaintiff shall file any opposition briefs on or before February 5, 2016; and Defendants shall file any reply briefs on or before Feb. 19, 2016. SO ORDERED. (Responses due by 2/5/2016, Replies due by 2/19/2016.) (Signed by Judge Shira A. Scheindlin on 1/13/2016) (kl)
January 11, 2016 Opinion or Order Filing 4361 ORDER granting (240) MOTION for Erik M. Zissu to Withdraw as Attorney. IT IS HEREBY ORDERED that the motion of Erik M. Zissu, brought on by notice of motion and supported by the declaration of Erik M. Zissu of Ballard Spahr LLP, to withdraw as counsel to Defendant NuStar Terminals Operations Partnership LP in this action is hereby GRANTED. IT IS FURTHER ORDERED that ECF notifications no longer be delivered to Attorney Zissu in this case. Attorney Erik March Zissu terminated in case 1:14-cv-06228-SAS. (Signed by Judge Shira A. Scheindlin on 1/11/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS (kl)
January 8, 2016 Opinion or Order Filing 4360 NOTICE OF VOLUNTARY DISMISSAL OF GETTY PROPERTIES CORP. WITHOUT PREJUDICE AS TO COUNTS VIII AND IX OF THE SECOND AMENDED COMPLAINT PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to Federal Rule of Civil Procedure41(a)(1)(A)(i), the plaintiff, Commonwealth of Pennsylvania, hereby gives notice that Counts VIII and IX only of the Second Amended Complaint are dismissed, without prejudice, as to Defendant Getty Properties Corp. only, with each side to bear its own costs. Getty Properties Corporation remains an "MTBE Defendant" as stated in Paragraph 122 of the Second Amended Complaint, and all other claims against Getty Properties Corp. are maintained. All claims against the other Defendants in the Second Amended Complaint are maintained. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 1/8/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(kl)
January 8, 2016 Opinion or Order Filing 4359 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 12/22/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 8, 2016 Opinion or Order Filing 4358 TRANSCRIPT of Proceedings re: conference held on 12/22/2015 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/1/2016. Redacted Transcript Deadline set for 2/11/2016. Release of Transcript Restriction set for 4/11/2016.(McGuirk, Kelly)
January 8, 2016 Opinion or Order Filing 4357 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) Getty Properties Corp.. Document filed by The Commonwealth of Pennsylvania. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(Corr, Stephen)
January 6, 2016 Opinion or Order Filing 4356 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/22/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 6, 2016 Opinion or Order Filing 4355 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/22/2015 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/1/2016. Redacted Transcript Deadline set for 2/11/2016. Release of Transcript Restriction set for 4/8/2016.(McGuirk, Kelly)
January 5, 2016 Opinion or Order Filing 4354 ORDER: Having considered the Commonwealth's December 12, 2015 letter motion requesting the dismissal of Trammo Caribbean, Inc. without prejudice under Federal Rule of Civil Procedure 41(a)(2), Caribbean's December 12, 2015 and December 14, 2015 responsive letter briefs requesting that Caribbean be dismissed from this action with prejudice and oral argument on December 14, 2015, it is hereby: ORDERED that dismissal is granted with prejudice as to Trammo Caribbean, Inc. only, pursuant to Federal Rule of Civil Procedure 41(a)(2); and it is further ORDERED that this Order shall not be construed as an adjudication on the merits or a judgment on the merits as to Trammo Caribbean, Inc.'s shareholders, Trammo Caribbean, Inc.'s officers, Trammo Caribbean, Inc.'s directors or other entities in privity with Trammo Caribbean, Inc. (As further set forth in this Order.) Trammo Caribbean, Inc. terminated. (Signed by Judge Shira A. Scheindlin on 1/5/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-01014-SAS(kko)
January 5, 2016 Opinion or Order Filing 4353 CLERK'S CORRECTED 54(B)JUDGMENT: That for the reasons stated in the Court's Memorandum Opinion and Order dated December 31, 2015, the request for a 54(b) final Judgment is granted, there is no just reason for delay, pursuant to Fed. R. Civ. 54(b), judgment is entered for Tauber Oil Company in 07 Civ. 10470 and 14 Civ. 01014. (Signed by Clerk of Court Ruby Krajick on 1/5/2016) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS, 1:14-cv-01014-SAS(dt)
December 31, 2015 Opinion or Order Filing 4352 CLERK'S RULE 54(b)JUDGMENT: That for the reasons stated in the Court's Memorandum Opinion and Order dated December 31, 2015, the request for a 54(b) final Judgment is granted, there is no just reason for delay, pursuant to Fed. R. Civ. 54(b), judgment is entered for Trauber Oil Company in 07 Civ. 10470 and 14 Civ. 01014. (Signed by Clerk of Court Ruby Krajick on 12/31/2015) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS, 1:14-cv-01014-SAS(dt) Modified on 1/5/2016 (dt).
December 31, 2015 Opinion or Order Filing 4351 STIPULATED ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendants in the above-captioned action, through undersigned counsel, that all FAC Defendants' time to move to dismiss the SAC shall be extended by three days, to January 8, 2016; IT IS FURTHER STIPULATED AND AGREED that all FAC Defendants' time to answer the SAC shall be adjourned sine die, with an answer date to be set following the Court's decision on the forthcoming Certain Defendants' Motion to Dismiss; and IT IS FURTHER STIPULATED AND AGREED that the SAC Defendants' time to answer or otherwise respond to the SAC shall be the date to be set for the FAC Defendants. SO ORDERED. (Motions due by 1/8/2016.) (Signed by Judge Shira A. Scheindlin on 12/31/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(kko)
December 31, 2015 Opinion or Order Filing 4350 MEMORANDUM OPINION AND ORDER re: (176 in 1:14-cv-01014-SAS) MOTION for Entry of Judgment under Rule 54(b) filed by Tauber Oil, (652 in 1:07-cv-10470-SAS) MOTION for Entry of Judgment under Rule 54(b) filed by Tauber Oil. For the aforementioned reasons, the request for a 54(b) final judgment is GRANTED. The Clerk of Court is directed to enter final judgment for Tauber Oil Company and close these motions (07 Civ. 10470, Dkt. No. 652; 14 Civ. 01014, Dkt. No. 176). (As further set forth in this Order.) (Signed by Judge Shira A. Scheindlin on 12/31/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS, 1:14-cv-01014-SAS(kko)
December 31, 2015 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: (673 in 1:07-cv-10470-SAS, 4350 in 1:00-cv-01898-SAS-DCF, 213 in 1:14-cv-01014-SAS) Memorandum & Opinion to the Judgments and Orders Clerk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS, 1:14-cv-01014-SAS(kko)
December 29, 2015 Opinion or Order Filing 4349 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a hearing proceeding held on 12/14/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 29, 2015 Opinion or Order Filing 4348 TRANSCRIPT of Proceedings re: hearing held on 12/14/2015 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Ellen Ford, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/22/2016. Redacted Transcript Deadline set for 2/1/2016. Release of Transcript Restriction set for 3/31/2016.(McGuirk, Kelly)
December 22, 2015 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 12/22/2015.
December 21, 2015 Opinion or Order Filing 4347 MEMORANDUM OPINION AND ORDER re: (640 in 1:07-cv-10470-SAS) MOTION for Reconsideration re; (637) Memorandum & Opinion, filed by ExxonMobil Corporation, Esso Standard Oil Company (Puerto Rico). For the reasons set forth in this Memorandum Opinion and Order, the motion is DENIED. The Clerk of Court is directed to close this motion (Dkt. No. 640). (As further set forth in this Order.) (Signed by Judge Shira A. Scheindlin on 12/21/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(tro)
December 17, 2015 Opinion or Order Filing 4346 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 12/9/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 17, 2015 Opinion or Order Filing 4345 TRANSCRIPT of Proceedings re: conference held on 12/9/2015 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/10/2016. Redacted Transcript Deadline set for 1/20/2016. Release of Transcript Restriction set for 3/19/2016.(McGuirk, Kelly)
December 15, 2015 Opinion or Order Filing 4344 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/19/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine)
December 15, 2015 Opinion or Order Filing 4343 TRANSCRIPT of Proceedings re: Conference held on 3/19/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2016. Redacted Transcript Deadline set for 1/18/2016. Release of Transcript Restriction set for 3/17/2016.(Siwik, Christine)
December 15, 2015 Opinion or Order Filing 4342 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 4/13/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine)
December 15, 2015 Opinion or Order Filing 4341 TRANSCRIPT of Proceedings re: Conference held on 4/13/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2016. Redacted Transcript Deadline set for 1/18/2016. Release of Transcript Restriction set for 3/17/2016.(Siwik, Christine)
December 15, 2015 Opinion or Order Filing 4340 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/14/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine)
December 15, 2015 Opinion or Order Filing 4339 TRANSCRIPT of Proceedings re: Conference held on 3/14/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2016. Redacted Transcript Deadline set for 1/18/2016. Release of Transcript Restriction set for 3/17/2016.(Siwik, Christine)
December 15, 2015 Opinion or Order Filing 4338 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/1/10 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine)
December 15, 2015 Opinion or Order Filing 4337 TRANSCRIPT of Proceedings re: Conference held on 7/1/2010 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2016. Redacted Transcript Deadline set for 1/18/2016. Release of Transcript Restriction set for 3/17/2016.(Siwik, Christine)
December 15, 2015 Opinion or Order Filing 4336 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/1/7 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine)
December 15, 2015 Opinion or Order Filing 4335 TRANSCRIPT of Proceedings re: Conference held on 5/1/2007 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2016. Redacted Transcript Deadline set for 1/18/2016. Release of Transcript Restriction set for 3/17/2016.(Siwik, Christine)
December 15, 2015 Opinion or Order <