The City of New York v. Amerada Hess Corp.
Plaintiff: Water Finance Agency, The Water Board and The City of New York
Defendant: El Paso CGP Company doing business as Coastal Oil New York, Inc. formerly known as Coastal Corporation, TRMI Holdings Inc., Marathon Ashland Petroleum LLC, Leemilt's Petroleum Inc., Motiva Enterprises, LLC, BP Amoco Chemical Company, Inc., Valero Energy Corporation, Unocal Corporation, Phibro Inc., Exxon Mobil Oil Corporation, Tosco Refining Company, BP America, Inc., El Paso Merchant Energy Petroleum Company, Marathon Oil Company, Texaco Refining and Marketing Inc, Parker Oil Company, Mercury Fuel Service, Incorporated, Coastal Corporation, Equistar Chemicals, LP, Ultramar Limited, Vitol S.A., Ultramar Energy Inc., Total Petrochemicals USA, Inc., Chevron Texaco Corporation, Koch Industries Inc., Giant Yorktown, Inc., Mobile Corporation, Getty Properties Corp., Chevron U.S.A., Inc., Does 1-87,inclusive, Irving Oil Corporation, Tosco Corporation, Coastal Oil New England, Inc., Gulf Oil Limited Partnership, Getty Petroleum Marketing, Inc., Sunoco, Inc., Coastal Eagle Point Oil Company, Union Oil Co of California, Flint Hills Resources, LP, Premcor Refining Group Inc,, Lyondell Chemical Company, PDV Midwest Refining, LLC, Valero Refining and Marketing Company, George E. Warren Corporation, Coastal Chem, Inc., Citgo Petroleum Corporation, Shell Oil Products Company LLC, Irving Oil Limited, Crown Central Petroleum Corporation, Atlantic Richfield Company, Amerada Hess Corp., Mobil Oil Corporation, Citgo Refining & Chemicals Co, LP, United Refining Company, Valero Marketing and Supply Company, BP Amoco Corporation, Parker Holding Company Inc, Conocophillips Company,, Exxon Mobil Corporation, Shell Trading (US) Company, Shell Oil Company, Statoil Marketing and Trading (US) Inc., Duke Energy Merchants, LLC, Sunoco, Inc. (R & M), BP Products North America, Inc., Equilon Enterprises L.L.C., Hess Energy, Inc. and Texaco, Inc.
Petitioner: Gary Stumpf, Thomas M Milton, Meena Nainan, Henry S. Thomassen, Michael J. Roman and Norman J. Novick
Material Witness: Barker Hamill
Special Master: Ronald J. Hedges
Case Number: 1:2004cv03417
Filed: May 4, 2004
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Shira A Scheindlin
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1331 pi
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 25, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 25, 2018 Opinion or Order Filing 722 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 Filing 721 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 ***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 Filing 720 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).
March 28, 2018 Opinion or Order Filing 719 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 29, 2016 ***NOTE TO ATTORNEY TO E-MAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Susan Amron to E-MAIL Document No. #717 Stipulation of voluntary dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (jk)
March 28, 2016 Opinion or Order Filing 718 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 28, 2016 Terminate Transcript Deadlines (kl)
March 28, 2016 Filing 717 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Mobil Oil Corporation, Mobile Corporation pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Water Finance Agency, The Water Board, The City of New York.(Amron, Susan) Modified on 3/29/2016 (jk).
March 18, 2016 Opinion or Order Filing 716 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 14, 2016 Opinion or Order Filing 715 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 3, 2016 Opinion or Order Filing 714 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).
February 23, 2016 Opinion or Order Filing 713 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 1, 2016 Opinion or Order Filing 712 ORDER granting [4369 in case no. 00cv1898] 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. (Signed by Judge Shira A. Scheindlin on 2/1/2016) (kl)
December 3, 2015 Opinion or Order Filing 711 ORDER APPROVING WITHDRAWAL OF COUNSEL in case 1:01-cv-00704-SAS; granting (4297) Motion to Withdraw as Attorney. The Motion for Withdrawal of Appearances of Michael Dillon and Stephen Riccardulli as counsel of record for the Defendants Exxon Mobil Corporation, Exxon Mobil Oil Corporation, ExxonMobil Refining & Supply Company, Exxon Company, U.S.A., Mobil Oil Corporation, Exxon Caribbean Sales Inc., Exxon Mobil Sales and Supply LLC, and Esso Standard Oil Co. (Puerto Rico) (collectively, the "ExxonMobil Defendants"), pursuant to Local Civil Rule 1.4, is hereby GRANTED. SO ORDERED. Attorney Stephen Joseph Riccardulli terminated in case 1:00-cv-01898-SAS-DCF. (Signed by Judge Shira A. Scheindlin on 12/3/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al. (kl)
May 14, 2015 Opinion or Order Filing 710 ORDER on WILLIE J. EPPS, JR. WITHDRAWAL OF APPEARANCE granting 4117 Motion to Withdrawal. The request of Willie J. Epps Jr., to withdraw his appearance in the above captioned action have been granted. The Clerk of Court is directed to close this motion (Docket 4117). SO ORDERED.Motions terminated: (4117 in 1:00-cv-01898-SAS-DCF) MOTION for Willie J. Epps, Jr. to Withdraw as Attorney filed by Valero Refining Company - Oklahoma, Valero Refining Company Texas, L.P., Valero Refining and Marketing Company, Valero Energy Corporation, Valero Marketing and Supply Company. (Signed by Judge Shira A. Scheindlin on 5/14/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(ama)
October 17, 2014 Filing 709 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/1/2014 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...Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(McGuirk, Kelly)
October 17, 2014 Filing 708 TRANSCRIPT of Proceedings re: conference held on 10/1/2014 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 11/10/2014. Redacted Transcript Deadline set for 11/20/2014. Release of Transcript Restriction set for 1/18/2015.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(McGuirk, Kelly)
September 29, 2014 Filing 707 MANDATE of USCA (Certified Copy) as to #705 Notice of Appeal, filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation, Mobile Corporation USCA Case Number 14-3224. The parties filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/29/2014. (nd)
September 2, 2014 Opinion or Order Filing 706 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Vivian M. Quinn, dated 8/28/2014, re: request that my name be removed from the service list so that I no longer receive notices of electronic filings for the case. ENDORSEMENT: The request to withdraw the appearance of Vivian Quinn as counsel of record is hereby granted. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 9/2/2014) (ja)
August 28, 2014 Filing 705 NOTICE OF APPEAL from #704 Memorandum & Opinion,,. Document filed by Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Mobile Corporation. Filing fee $ 505.00, receipt number 0208-10044085. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Quinn, James)
August 28, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #705 Notice of Appeal,. (nd)
August 28, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files ONLY for #705 Notice of Appeal, filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation, Mobile Corporation were transmitted to the U.S. Court of Appeals. (APPELLANT'S COUNSEL IS RESPONSIBLE FOR THE PHYSICAL SUPPLEMENTAL INDEX FOR ANY AND ALL NON-ECF DOCUMENTS, ONCE THE CASE IS OPENED IN THE SECOND CIRCUIT)(nd)
July 30, 2014 Opinion or Order Filing 704 MEMORANDUM OPINION AND ORDER #104561 re: (697 in 1:04-cv-03417-SAS) MOTION to Establish a Court-Supervised Trust . filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation, Mobile Corporation. For the reasons set forth in this Memorandum Opinion and Order, Exxon's motion is DENIED. The Clerk of the Court is directed to close this motion (Doc. No. 697). (Signed by Judge Shira A. Scheindlin on 7/30/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro) Modified on 7/31/2014 (ca).
June 20, 2014 Filing 703 REPLY MEMORANDUM OF LAW in Support re: #697 MOTION to Establish a Court-Supervised Trust . . Document filed by Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Mobile Corporation. (Quinn, James)
June 13, 2014 Filing 702 MEMORANDUM OF LAW in Opposition re: #697 MOTION to Establish a Court-Supervised Trust . . Document filed by The City of New York. (Harris, Elizabeth)
May 22, 2014 Filing 701 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/13/14 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...(Rodriguez, Somari)
May 22, 2014 Filing 700 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/13/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Thomas Murray, (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 6/16/2014. Redacted Transcript Deadline set for 6/26/2014. Release of Transcript Restriction set for 8/25/2014.(Rodriguez, Somari)
May 16, 2014 Filing 699 DECLARATION of Theodore E. Tsekerides in Support re: #697 MOTION to Establish a Court-Supervised Trust .. Document filed by Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Mobile Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Quinn, James)
May 16, 2014 Filing 698 MEMORANDUM OF LAW in Support re: #697 MOTION to Establish a Court-Supervised Trust . . Document filed by Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Mobile Corporation. (Quinn, James)
May 16, 2014 Filing 697 MOTION to Establish a Court-Supervised Trust . Document filed by Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Mobile Corporation.(Quinn, James)
May 13, 2014 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 5/13/2014. (Bloomfield, Clifford)
March 25, 2014 Notice of Taxation of Costs originally filed with the Court on 11/15/2013 by the City of New York, with the taxation to occur before the Orders and Judgments Clerk on 12/18/2013 at 10:00 a.m. On the parties consent, the taxation was rescheduled for 1/22/2014 and then to 2/26/2014. Counsel then again conferred and agreed to move the request for taxation from 3/26/2014 at 10:00 a.m. to 4/30/2014 at 10:00 a.m. Document filed by The City of New York. (tro)
March 19, 2014 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 3/19/2014. (Bloomfield, Clifford)
March 13, 2014 Opinion or Order Filing 696 ORDER re: (694 in 1:04-cv-03417-SAS) LETTER MOTION for Conference (Request for Pre-Motion Conference re: Court-Supervised Trust Fund) addressed to Judge Shira A. Scheindlin from James W. Quinn dated 01/31/2014. LETTER MOTION for Conference (Request for Pre-Motion Conference re: Court-Supervised Trust Fund) addressed to Judge Shira A. Scheindlin from James W. Quinn dated 01/31/2014 filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation, Mobile Corporation. Upon review of defendant's letter motion, a conference has been scheduled for March 19, 2014 at 3 p.m. The Clerk of the Court is directed to close this motion (Docket Entry #694)., ( Status Conference set for 3/19/2014 at 03:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 3/13/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(lmb) Modified on 3/14/2014 (ca).
February 5, 2014 Filing 695 LETTER addressed to Judge Shira A. Scheindlin from Susan E. Amron dated February 5, 2014 re: Exxon Request for Pre-Motion Conference. Document filed by The City of New York, The Water Board, Water Finance Agency.(Amron, Susan)
January 31, 2014 Filing 694 LETTER MOTION for Conference (Request for Pre-Motion Conference re: Court-Supervised Trust Fund) addressed to Judge Shira A. Scheindlin from James W. Quinn dated 01/31/2014. Document filed by Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Mobile Corporation.(Quinn, James)
November 25, 2013 Opinion or Order Filing 693 CASE MANAGEMENT ORDER #113 re rulings made during the 11/18/2013 status conference: Motions by defendants for summary judgment in the City of Fresno case, due by 1/10/2014. Responses due by 1/30/2014 Replies due by 2/14/2014. Depositions due by 12/20/2013. Discovery due by 12/20/2013. Tesoro and Kern are dismissed with prejudice for the stations at issue in the City of Fresno case. (Signed by Judge Shira A. Scheindlin on 11/25/2013) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
October 22, 2013 Filing 692 MANDATE of USCA (Certified Copy) as to (632 in 1:04-cv-03417-SAS, 3184 in 1:00-cv-01898-SAS-DCF) Notice of Appeal, filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation, Mobile Corporation, (637 in 1:04-cv-03417-SAS, 3192 in 1:00-cv-01898-SAS-DCF) Notice of Cross Appeal, filed by The City of New York, City of NY USCA Case Number 10-4135(L); 10-4329(xap). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/22/2013. (Attachments: #1 Opinion)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(nd)
October 7, 2013 Opinion or Order Filing 691 ORDER FOR ADMISSION PRO HAC VICE: The requests of James F. Bennett, Willie J. Epps, Jr. and Selena L. Evans, for admission to practice Pro Hac Vice in the above captioned action have been granted. SO ORDERED. Attorney James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company Valero Refining Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company-California,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Refining Company,James F. Bennett for Valero Refining Company-Louisiana,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company,James F. Bennett for Valero Refining Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Energy, Inc.,James F. Bennett for Valero Energy, Inc.,James F. Bennett for Valero Energy, Inc.,James F. Bennett for Valero Energy, Inc.,James F. Bennett for Valero Energy, Inc.,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company - Oklahoma,James F. Bennett for Valero Refining Company - Oklahoma,James F. Bennett for Valero Refining Company - Oklahoma,James F. Bennett for Valero Refining Company - Oklahoma,James F. Bennett for Valero Refining Company - Oklahoma,James F. Bennett for Valero Refining Company Texas, L.P.,James F. Bennett for Valero Refining Company Texas, L.P.,James F. Bennett for Valero Refining Company Texas, L.P.,James F. Bennett for Valero Refining Company Texas, L.P.,James F. Bennett for Valero Refining Company Texas, L.P.,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero RefiningTexas,James F. Bennett for Valero RefiningTexas,James F. Bennett for Valero RefiningTexas,James F. Bennett for Valero RefiningTexas,James F. Bennett for Valero RefiningTexas,James F. Bennett for Valero RefiningTexas,James F. Bennett for Valero RefiningTexas,James F. Bennett for Valero Energy Corp.,James F. Bennett for Valero Mktg & Supply Co,James F. Bennett for Valero Refining & Mktg Co,James F. Bennett for Valero Refining Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company - Oklahoma,James F. Bennett for Valero Refining Company Texas, LP,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company Valero Refining Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Marketing and Supply Company (Doe 2),,James F. Bennett for Valero Refining,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing & Supply Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Refining-Texas, L.P.,James F. Bennett for Valero Refining-Texas, L.P.,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company Texas LP,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company - Oaklahoma,James F. Bennett for Valero Refining Company Texas, L.P.,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company - Oklahoma,James F. Bennett for Valero Refining Company Texas, LP,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining and Marketing Company,James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining & Marketing Company,James F. Bennett for Valero Marketing and Supply Company [DOE 1],James F. Bennett for Valero Energy Corporation,James F. Bennett for Valero Marketing and Supply Company,James F. Bennett for Valero Refining Company,James F. Bennett for Valero Refining and Marketing Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 10/07/2013) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(ama)
May 16, 2013 Opinion or Order Filing 690 ORDER APPROVING WITHDRAWAL OF COUNSEL. The motion to withdraw the appearance of Lauren E. Handel as counsel of record for the Exxon Mobil Corporation defendants, pursuant to Local Civil Rule 1.4 of the Local Rules of this Court is hereby GRANTED: in case 1:03-cv-09544-SAS; granting (3732) Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:00-cv-01898-SAS-DCF; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:07-cv-04012-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05916-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05943-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:07-cv-02405-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-00877-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-03752-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:07-cv-08360-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05960-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05903-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:05-cv-09070-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-05422-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:07-cv-04009-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:07-cv-04011-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:07-cv-10470-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:08-cv-06306-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:09-cv-03739-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:09-cv-03738-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-01379-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-01381-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-03750-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-03742-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-03753-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-03751-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-03754-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-03741-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:11-cv-04072-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05496-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05924-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05925-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05927-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05928-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05930-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05931-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05932-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05959-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05958-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05957-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05956-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05933-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05963-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05962-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05961-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05919-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05917-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05915-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05914-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05913-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05937-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05920-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05921-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05922-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05938-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05923-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05939-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05901-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05940-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05902-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05941-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05905-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05906-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05942-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05907-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05911-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05912-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05945-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05946-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05947-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05948-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05949-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05950-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05951-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05952-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05953-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05954-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05955-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:06-cv-05926-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-04974-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-04973-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-04969-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-04971-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-04972-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-04970-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-04975-SAS; granting [] Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-01719-SAS; granting [] Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-01718-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-01721-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-01722-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-01723-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-03412-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-03413-SAS; granting Motion to Withdraw as Attorney. Attorney Lauren Erica Handel terminated in case 1:04-cv-01725-SAS; granting Moti
February 22, 2013 Opinion or Order Filing 689 ORDER GRANTING APPLICATIONS FOR PRO HAC VICE ADMISSION: This Court has considered the unopposed request of Defendants Atlantic Richfield Company, BP Products North America Inc., and BP Corporation North America Inc. to admit pro hac vice Jeffrey J. Freeman of Kirkland & Ellis LLP, and the request is hereby GRANTED. It is hereby ORDERED that Jeffrey J. Freeman is admitted to practice before the Court pro hac vice on behalf of the above named Defendants in these civil actions upon payment by each party of the required $200.00 to the Clerk of Court. (Signed by Judge Shira A. Scheindlin on 2/22/2013) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(ft)
November 30, 2012 Filing 688 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/22/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Ann Hairston, (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 12/26/2012. Redacted Transcript Deadline set for 1/7/2013. Release of Transcript Restriction set for 3/4/2013.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Rodriguez, Somari)
November 26, 2012 Filing 687 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/11/12 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...Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Rodriguez, Somari)
November 26, 2012 Filing 686 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/11/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Michael McDaniel, (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 12/20/2012. Redacted Transcript Deadline set for 1/2/2013. Release of Transcript Restriction set for 2/28/2013.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Rodriguez, Somari)
August 10, 2012 Filing 685 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 6/7/12 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...Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(McGuirk, Kelly)
August 10, 2012 Filing 684 TRANSCRIPT of Proceedings re: HEARING held on 6/7/2012 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 9/4/2012. Redacted Transcript Deadline set for 9/13/2012. Release of Transcript Restriction set for 11/13/2012.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(McGuirk, Kelly)
May 8, 2012 Filing 683 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/2/12 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...Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(McGuirk, Kelly)
May 8, 2012 Filing 682 TRANSCRIPT of Proceedings re: HEARING held on 5/2/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Tara Jones, (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 6/1/2012. Redacted Transcript Deadline set for 6/11/2012. Release of Transcript Restriction set for 8/9/2012.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(McGuirk, Kelly)
March 5, 2012 Filing 681 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 2/24/12 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...Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(McGuirk, Kelly)
March 5, 2012 Filing 680 TRANSCRIPT of Proceedings re: Conference held on 2/24/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Thomas Murray, (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 3/29/2012. Redacted Transcript Deadline set for 4/9/2012. Release of Transcript Restriction set for 6/7/2012.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(McGuirk, Kelly)
February 17, 2012 Filing 677 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/15/11 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...Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(McGuirk, Kelly)
February 17, 2012 Filing 676 TRANSCRIPT of Proceedings re: Conference held on 9/15/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Andrew Walker, (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 3/12/2012. Redacted Transcript Deadline set for 3/22/2012. Release of Transcript Restriction set for 5/21/2012.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(McGuirk, Kelly)
February 16, 2012 Opinion or Order Filing 679 ORDER: Benjamin L. Snowden, Esq., is admitted to practice before this Court pro hac vice on behalf of Chevron U.S.A, Inc., Equilon Enterprises LLC (d/b/a/ Shell Oil Products US), Motiva Enterprises LLC, Shell Oil Company, Shell Oil Products Company LLC, Shell Oil Products Company, Shell Petroleum, Inc., Shell Trading (US) Company, Texaco Inc., TMR Company (f/k/a/ Texaco Refining and Marketing Inc.), Texaco Refining and Marketing (East) Inc., and TRMI Holdings, Inc. in this civil action upon the deposit of the required $200 fee to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 2/15/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(ft)
February 16, 2012 Opinion or Order Filing 678 ORDER: Marie S. Dennis, Esq., is admitted to practice before this Court pro hac vice on behalf of Chevron U.S.A, Inc., Equilon Enterprises LLC (d/b/a Shell Oil Products US), Motiva Enterprises LLC, Shell Oil Company, Shell Oil Products Company LLC, Shell Oil Products Company, Shell Petroleum, Inc., Shell Trading (US) Company, Texaco Inc., TMR Company (f/k/a Texaco Refining and Marketing Inc.), Texaco Refining and Marketing (East) Inc., and TRMI Holdings, Inc. in this civil action upon the deposit of the required $200 fee to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 2/15/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(ft)
January 4, 2012 Opinion or Order Filing 675 ORDER APPROVING WITHDRAWAL OF COUNSEL in case 1:03-cv-09544-SAS granting (3401) MOTION for Anthony A. Orlandi to Withdraw as Attorney, filed by Kinder Morgan Energy Partners, L.P. and SFPP, L.P.: The motion to withdraw the appearance of Anthony A. Orlandi as counsel of record for Defendants Kinder Morgan Energy Partners, L.P. and SFPP, L.P. is hereby granted. The Clerk of the Court is directed to close this motion [Docket No. 3401]. (Signed by Judge Shira A. Scheindlin on 1/3/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al. (ab)
December 13, 2011 Filing 674 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/15/11 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...Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(McGuirk, Kelly)
December 13, 2011 Filing 673 TRANSCRIPT of Proceedings re: Conference held on 9/15/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Andrew Walker, (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 1/6/2012. Redacted Transcript Deadline set for 1/17/2012. Release of Transcript Restriction set for 3/15/2012.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(McGuirk, Kelly)
November 14, 2011 Filing 672 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/15/11 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...Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(McGuirk, Kelly)
November 14, 2011 Filing 671 TRANSCRIPT of Proceedings re: Conference held on 9/15/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Andrew Walker, (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 12/8/2011. Redacted Transcript Deadline set for 12/19/2011. Release of Transcript Restriction set for 2/15/2012.Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(McGuirk, Kelly)
October 18, 2011 Opinion or Order Filing 670 ENDORSED LETTER: addressed to Judge Shira A. Scheindlin from Keena M. Hausmann dated 10/7/2011 re: Counsel for defendant writes with the consent of Mr. Rosenthal, respectfully requesting that he be relieved as counsel for defendant ConocoPhillips Company in the above referenced action. ENDORSEMENT: Defendants' request to relieve Mr. Rosenthal as counsel for ConocoPhilips is granted. So Ordered. (Spread to all cases as per chambers instruction) (Signed by Judge Shira A. Scheindlin on 10/17/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(js)
August 26, 2011 Filing 669 NOTICE OF CHANGE OF ADDRESS by Robert S. Chapman on behalf of City of NY. New Address: Eisner, Kahan & Gorry, 9601 Wilshire Boulevard, Suite 700, Beverly Hills, California, United States 90210, 310-855-3200. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:04-cv-03417-SAS(Chapman, Robert)
August 17, 2011 Opinion or Order Filing 668 ORDER granting (3444) Motion to Withdraw as Attorney. The motion to withdraw the appearances of Anthony F. King, Alec C. Zacaroli and Rebecca L Schuller as counsel pro hac vice for defendants Chevron U.S.A., Inc., Equilon Enterprises LLC (individually and a/k/a Shell Oil Products US), Equiva Trading Company, Four Star Oil & Gas Company, Gulf Oil Corp., Motiva Enterprises LLC, TRMI Holdings, Inc., Texaco Inc., Texaco Refining and Marketing Inc., Shell Oil Company, Shell Oil Products Company, Shell Petroleum, Inc., and Star Enterprise is GRANTED. Attorney Anthony Frazier King and Alec C. Zacaroli terminated in case 1:00-cv-01898-SAS -DCF. (Signed by Judge Shira A. Scheindlin on 8/17/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(mro) Modified on 8/19/2011 (mro).
June 23, 2011 Opinion or Order Filing 667 ORDER, that Mari C. Spears, Esq., is admitted to practice before this Court pro hac vice on behalf of Chevron U.S.A, Inc., Equilon Enterprises LLC (d/b/a/ Shell Oil Products US), Motiva Enterprises LLC, Shell Oil Company, Shell Oil Products Company LLC, Shell Oil Products Company, Shell Petroleum, Inc., Shell Trading (US) Company, Texaco Inc., TMR Company (f/k/a/ Texaco Refining and Marketing Inc.), Texaco Refining and Marketing (East) Inc., and TRMI Holdings, Inc. in this civil action upon the deposit of the required $25.00 fee to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 6/23/11) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(pl)
June 6, 2011 Opinion or Order Filing 666 (MEMO ENDORSEMENT) ORDER in case 1:03-cv-09544-SAS; granting (664) Motion to Withdraw as Attorney. Attorney Nicholas G. Campins terminated in case 1:04-cv-03417-SAS; granting (72) Motion to Withdraw as Attorney. Attorney Nicholas G. Campins terminated in case 1:09-cv-01419-SAS; granting (68) Motion to Withdraw as Attorney. Pursuant to Local Civil Rule lA, please withdraw the appearance of Nicholas G. Campins as counsel of record in All MDL 1358 Cases, including City of New York v. Amerada Hess Corp., et at, Case No. 04-CIV-3417; City of Pomona v, Chevron USA, Inc et ai, No, CIVMSC08-032 14; Yosemite Springs Park Utility District v. Chevron, US.A., et 01., Case No.09-CIV-1419. ENDORSEMENT: Motion granted. The Clerk is directed to close this motion (docket #3410) So Ordered. Attorney Nicholas G. Campins terminated in case 1:09-cv-03738-SAS; granting (3411) Motion to Withdraw as Attorney. Attorney Nicholas G. Campins terminated in case 1:00-cv-01898-SAS -DCF. (Signed by Judge Shira A. Scheindlin on 6/3/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(tro)
June 3, 2011 Filing 665 DECLARATION of Nicholas G. Campins in Support re: (68 in 1:09-cv-03738-SAS, 664 in 1:04-cv-03417-SAS, 72 in 1:09-cv-01419-SAS, 3411 in 1:00-cv-01898-SAS -DCF) MOTION for Nicholas G. Campins to Withdraw as Attorney for Plaintiffs City of New York, City of Pomona and Yosemite Springs Park Utility District.. Document filed by City of NY. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:04-cv-03417-SAS, 1:09-cv-01419-SAS, 1:09-cv-03738-SAS(Campins, Nicholas)
June 3, 2011 Filing 664 MOTION for Nicholas G. Campins to Withdraw as Attorney for Plaintiffs City of New York, City of Pomona and Yosemite Springs Park Utility District. Document filed by City of NY.Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:04-cv-03417-SAS, 1:09-cv-01419-SAS, 1:09-cv-03738-SAS(Campins, Nicholas)
June 2, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Nicholas G. Campins to RE-FILE Document (3410 in 1:00-cv-01898-SAS -DCF, 663 in 1:04-cv-03417-SAS, 71 in 1:09-cv-01419-SAS, 67 in 1:09-cv-03738-SAS) MOTION for Nicholas G. Campins to Withdraw as Attorney for Plaintiffs City of New York, City of Pomona and Yosemite Springs Park Utility District. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:04-cv-03417-SAS, 1:09-cv-01419-SAS, 1:09-cv-03738-SAS(db)
June 2, 2011 Filing 663 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nicholas G. Campins to Withdraw as Attorney for Plaintiffs City of New York, City of Pomona and Yosemite Springs Park Utility District. Document filed by City of NY. (Attachments: #1 Affidavit Declaration of Nicholas G. Campins In Support of Motion to Withdraw Appearance)Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:04-cv-03417-SAS, 1:09-cv-01419-SAS, 1:09-cv-03738-SAS(Campins, Nicholas) Modified on 6/3/2011 (db).
June 2, 2011 Opinion or Order Filing 662 ORDER APPROVING WITHDRAWAL OF COUNSEL: The motion to withdraw the appearance of Nicole L. Picard as counsel of record for Defendant Gulf Oil Limited Partnership, pursuant to Local Civil Rule 1.4 of the Local Rules of this Court, is hereby GRANTED. (Signed by Judge Shira A. Scheindlin on 6/2/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(jfe)
May 20, 2011 Opinion or Order Filing 661 ORDER APPROVING WITHDRAWAL OF COUNSEL, that the motion to withdraw the appearance of Anthony A. Orlandi as counsel of record for Defendant Gulf Oil Limited Partnership, pursuant to Local Civil Rule 1.4 of the Local Rules of this Court, is hereby GRANTED. in case 1:03-cv-09544-SAS; granting (3400) Motion to Withdraw as Attorney. Attorney Anthony A. Orlandi terminated in case 1:00-cv-01898-SAS -DCF. (Signed by Judge Shira A. Scheindlin on 5/19/11) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(pl)
May 16, 2011 Opinion or Order Filing 660 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Daniel Alberstone for All Plaintiffs admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 5/13/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(jfe)
May 16, 2011 Opinion or Order Filing 659 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Ronland K. Tellis for All Plaintiffs admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 5/13/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(jfe)
May 16, 2011 Opinion or Order Filing 658 ORDER ADMITTING ATTORNEY PRO HAC VICE: Attorney Mitchell McCrea for All Plaintiffs admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 5/13/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(jfe)
May 4, 2011 Opinion or Order Filing 657 ORDER: The Court has considered the unopposed request of ChevronTexaco Corporation (now known as Chevron Corporation), Chevron U.S.A. Inc., TRMI Holdings Inc., Texaco Inc., Union Oil Company of California, and Unocal Corporation, and "all predecessor companies named herein" (hereinafter "Chevron Defendants") to admit pro hac vice Sara G. Noel, Esq. of King & Spalding LLP and the request is hereby GRANTED. So Ordered (Signed by Judge Shira A. Scheindlin on 5/4/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(js)
April 7, 2011 Opinion or Order Filing 656 CASE MANAGEMENT ORDER #89: This Order memorializes the rulings made during the status conference held on March 30, 2011. (See ORDER as set forth) (Signed by Judge Shira A. Scheindlin on 4/5/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al. (lnl)
February 28, 2011 Filing 655 AMENDED ANSWER to. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(Gerson, Lisa)
February 23, 2011 Opinion or Order Filing 654 ORDER ADMITTING FRANK A. DANTE PRO HAC VICE: It is hereby Ordered that Frank A. Dante is admitted to practice pro hac vice as counsel for Lyondell Chemical Company and Equistar Chemicals, LP in this matter. (Signed by Judge Shira A. Scheindlin on 2/22/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(jfe)
February 18, 2011 Opinion or Order Filing 653 CASE MANAGEMENT (PLAN) ORDER: 1. Crescenta Valley Water District: A pre-motion conference for the defendants' contemplated dispositive motions is scheduled for March 11, 2011 at 4:30 pm. Defendants' pre-conference letter is due on February 25, 2011; plaintiff's reply letter is due on March 4, 2011. 2. California cases: The parties will meet and confer prior to March 11, 2011 to discuss mediation. Specifically, the parties will talk about which cases would be included in a structured settlement effort, and attempt to identify a mutually acceptable mediator. 3. The next status conference is scheduled for March 30, 2011 at 4:30 pm, subject to change. (Pre-Motion Conference set for 3/11/2011 at 04:30 PM before Judge Shira A. Scheindlin. Status Conference set for 3/30/2011 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 2/18/11) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(db)
February 17, 2011 Opinion or Order Filing 651 ORDER, that David A. Grenardo, Esq. is admitted to practice before this Court pro hac vice on behalf of the Chevron Defendants and "all predecessor companies named herein" in this civil action. (Signed by Judge Shira A. Scheindlin on 2/7/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al. (lnl)
February 16, 2011 Opinion or Order Filing 652 ORDER, that Samuel D. Davis, Esq. is admitted to practice before this Court pro hac vice on behalf of the Chevron Defendants and "all predecessor companies named herein" in this civil action. (Signed by Judge Shira A. Scheindlin on 2/7/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al. (lnl)
February 15, 2011 Opinion or Order Filing 650 ORDER ADMITTING ATTORNEY PRO HAC VICE: Attorney Cheryl A. Sabnis' request is GRANTED, and is permitted to appear Pro Hac Vice for ChevronTexaco Corporation (now known as Chevron Corporation), Chevron U.S.A. Inc, TRMI Boldings Inc., Texaco Inc., Union Oil Company of California. and Unocal Corporation. Attorney Cheryl A. Sabnis for Chevron Corporation,Cheryl A. Sabnis for Chevron Corporation,Cheryl A. Sabnis for Chevron U.S.A., Inc.,Cheryl A. Sabnis for Chevron U.S.A., Inc.,Cheryl A. Sabnis for Chevrontexaco Corporation,Cheryl A. Sabnis for TRMI Holdings Inc.,Cheryl A. Sabnis for Texaco Inc.,Cheryl A. Sabnis for Union Oil Company of California,Cheryl A. Sabnis for Union Oil Company of California,Cheryl A. Sabnis for Unocal Corporation admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 2/14/11) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(db)
February 9, 2011 Opinion or Order Filing 649 ORDER GRANTING APPLICATION FOR PRO HAC VICE ADMISSION: Attorney P. Renee Wicklund for Atlantic Richfield Company, BP Corporation North America Inc., and BP Products North America, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 2/9/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al. (lnl)
February 9, 2011 Opinion or Order Filing 648 ORDER GRANTING APPLICATION FOR PRO HAC VICE ADMISSION: Attorney Krenice M. Roseman for Atlantic Richfield Company, BP Corporation North America Inc., and BP Products North America, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 2/9/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al. (lnl)
February 9, 2011 Opinion or Order Filing 647 ORDER GRANTING APPLICATION FOR PRO HAC VICE ADMISSION: Attorney Andrew R. Running for Atlantic Richfield Company, BP Corporation North America Inc., and BP Products North America, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 2/9/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al. (lnl)
February 1, 2011 Opinion or Order Filing 646 ORDER: James J. Maher, Esq. is admitted to practice before this Court pro hac vice on behalf of the Chevron Defendants and "all predecessor companies named herein" in this civil action upon the deposit of the required $25 fee to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 2/1/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(jpo)
January 21, 2011 Opinion or Order Filing 645 ORDER ADMITTING ATTORNEY PRO HAC VICE: The Court has considered the unopposed request of Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining and Marketing Company, Valero Refining Company-Oklahoma, Valero Refining Company-Texas, L.P., Valero Refining Company-New Jersey. Valero Refining Company-Delaware, Valero Refining Company-California, Ultramar Inc. and The Premcor Refining Group Inc. (hereinafter "Valero Defendants") to admit pro hac vice Eduardo S. Perez, Amy E. Parker, and Benjamin H. Patton of Bracewell & Giuliani LLP and the request is hereby GRANTED; Eduardo S. Perez, Amy E. Parker, and Benjamin H. Patton are admitted to practice before this Court pro hac vice on behalf of the Valero Defendants and "all predecessor companies named herein" in civil action upon the deposit of the required $25 per admission to the Clerk of this Court. Attorneys Eduardo S. Perez; Amy E. Parker; Benjamin H. Patton added. The applicants contact information is attached to this order. (Signed by Judge Shira A. Scheindlin on 1/20/11) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(db)
January 18, 2011 Opinion or Order Filing 644 ORDER GRANTING APPLICATIONS FOR PRO HAC VICE ADMISSION Attorney Sylvia Nichole Winston for Atlantic Richfield Company,Sylvia Nichole Winston for BP Corporation North America Inc.,Sylvia Nichole Winston for BP Products North America, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 1/4/11) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(cd)
January 18, 2011 Opinion or Order Filing 643 ORDER GRANTING APPLICATIONS FOR PRO HAC VICE ADMISSION. Attorney Christina Lynn Henk for Atlantic Richfield Company,Christina Lynn Henk for BP Corporation North America Inc.,Christina Lynn Henk for BP Products North America, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 1/14/11) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(cd)
January 3, 2011 Opinion or Order Filing 642 ORDER APPROVING SUBSTITUTION OF COUNSEL: The Court hereby approves of the withdrawal of Russell D. Workman as counsel for Defendants Chevron U.S.A. Inc. and Chevron Corporation (f/k/a ChevronTexaco Corporation)( collectively, "Chevron Defendants"). (Signed by Judge Shira A. Scheindlin on 1/3/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(jpo)
January 3, 2011 Opinion or Order Filing 641 ORDER APPROVING SUBSTITUTION OF COUNSEL: The Court hereby approves of the withdrawal of Russell D. Workman as counsel for Defendants Chevron USA, Inc. and Chevron Corporation (f/k/a Chevron Texaco Corporation). (Signed by Judge Shira A. Scheindlin on 1/3/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(jpo)
December 20, 2010 Opinion or Order Filing 640 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Jeremiah J. Anderson for Chevron Corporation,Jeremiah J. Anderson for Chevron Corporation,Jeremiah J. Anderson for Chevron U.S.A., Inc.,Jeremiah J. Anderson for Chevron U.S.A., Inc.,Jeremiah J. Anderson for Chevrontexaco Corporation,Jeremiah J. Anderson for TRMI Holdings Inc.,Jeremiah J. Anderson for Texaco Inc.,Jeremiah J. Anderson for Texaco Inc.,Jeremiah J. Anderson for Union Oil Company of California,Jeremiah J. Anderson for Union Oil Company of California,Jeremiah J. Anderson for Unocal Corporation admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 12/17/10) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(cd)
December 1, 2010 Opinion or Order Filing 639 CASE MANAGEMENT ORDER #79: 1. Commonwealth of Puerto Rico: Each party will choose twenty (20) focus sites for discovery. The parties shall propose the focus sites in two waves i.e., both parties will propose twelve (12) sites on one date and then both parties will propose eight (8) additional sites on a later date. The parties will meet and confer to discuss the number of trial sites and will propose an amendment to the discovery schedule in CM0 #65 to accommodate the staggered selection of focus sites. 2. Orange County Water District: A pre-motion conference for plaintiffs motion for partial summary judgment is scheduled for December 16, 2010 at 2:30 pm. Plaintiffs pre-conference letter is due on December 8, 2010; defendants' reply letter is due December 13, 2010. The page limit for both letters is five (5) pages. 3. Crescenta Valley: The Hamner Institute is directed to supply plaintiffs with data from its MTBE study in Excel format. The Hamner Institute will provide plaintiff with a progress report by December 6, 2010 explaining the time frame of production and any issues that may have arisen. The Hamner Institute will also provide an affidavit from a representative from Instem concerning which data, if any, it was unable to export. 4. New Jersey Department of Environmental Protection: A. Parties will submit a proposed CMO governing discovery, experts, pre-trial, and trial matters by February 28, 20ll. B. Defendants will be permitted to take up to eighteen (18) depositions of NJDEP case managers for defense focus sites in anticipation of trial site selection. These depositions will be limited to seven (7) hours in duration, and will take place in Trenton, New Jersey. C. Defendants are directed to provide plaintiffs with a revised list of possible topics for the proposed deposition of a witness from the Office of Natural Resource Restoration. If the parties still cannot agree, they are referred to Special Master Warner to resolve the dispute. D. The parties are directed to disclose the criteria they used to identify the receptors impacted by release sites by December 6, 2010. E. By December 13, 2010, plaintiffs will provide defendants with the number of private wells on each street that plaintiffs have identified as impacted by plaintiffs' release sites. F. The parties are directed to exchange proposed keywords for the search of case managers' emails by December 2, 2010; to meet and confer regarding the proposed keywords by December 8, 2010; and any dispute over the keywords is referred to Special Master Warner, to be resolved by December 15, 2010. Plaintiffs will then propose a schedule for production of case manager emails to defendants by December 20,2010. G. The parties are each directed to select their ten (10) trial sites by February 1, 2011. H. Defendants are directed to submit, by December 6, 2010, a list of ten (10) individuals whose hard drives they propose to search for the purpose of sampling. 5. Village of Bethalto, Town of Kouts, Coraopolis: Plaintiffs shall have until December 31, 2010 to file amended complaints. Defendants will have thirty (30) days after the amended complaints are filed to file a motion to dismiss or to answer. Amended Pleadings due by 12/31/2010. Joinder of Parties due by 12/31/2010. Pre-Motion Conference set for 12/16/2010 at 02:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 12/1/10) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(db)
December 1, 2010 Opinion or Order Filing 638 CASE MANAGEMENT ORDER #79, This Order memorializes the rulings made during the status conference held on November 23, 2010. 1. Commonwealth of Puerto Rico: Each party will choose twenty (20) focus sites for discovery. The parties shall propose the focus sites in two waves i.e., both parties will propose twelve (12) sites on one date and then both parties will propose eight (8) additional sites on a later date. The parties will meet and confer to discuss the number of trial sites and will propose an amendment to the discovery schedule in CM0 #65 to accommodate the staggered selection of focus sites. 2. Orange County Water District: A pre-motion conference for plaintiffs motion for partial summary judgment is scheduled for December 16, 2010 at 2:30 p.m. Plaintiffs pre-conference letter is due on December 8, 2010; defendants' reply letter is due December 13, 2010. The page limit for both letters is five (5) pages. Additional relief as set forth in this Order. (Signed by Judge Shira A. Scheindlin on 12/1/10) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(pl)
October 25, 2010 Transmission of Notice of Appeal to the District Judge re: (637 in 1:04-cv-03417-SAS, 3192 in 1:00-cv-01898-SAS -DCF) Notice of Cross Appeal,. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:04-cv-03417-SAS(nd)
October 25, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (637 in 1:04-cv-03417-SAS, 3192 in 1:00-cv-01898-SAS -DCF) Notice of Cross Appeal,. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:04-cv-03417-SAS(nd)
October 22, 2010 Filing 637 NOTICE OF CROSS APPEAL from (631 in 1:04-cv-03417-SAS, 3167 in 1:00-cv-01898-SAS -DCF) Amended Judgment. Document filed by City of New York, New York City Municipal Finance Water Authority, and New York City Water Board. Filing fee $ 455.00, receipt number E 918796. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:04-cv-03417-SAS(nd)
October 20, 2010 Filing 636 NOTICE OF CHANGE OF ADDRESS by Lesley K Lawrence-Hammer on behalf of Coastal Eagle Point Oil Company, Coastal Mobile Refining Company, Coastal Oil New England, El Paso CGP Company, El Paso Corporation, El Paso Merchant Energy-Petroleum Company. New Address: Greenberg Traurig LLP, 2101 L Street, NW, Suite 1000, Washington, DC, USA 20037, 202-331-3100. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(Lawrence-Hammer, Lesley)
October 19, 2010 Filing 635 NOTICE OF CHANGE OF ADDRESS by Lesley K Lawrence-Hammer on behalf of Coastal Eagle Point Oil Company, Coastal Mobile Refining Company, Coastal Oil New England, El Paso CGP Company, El Paso Corporation, El Paso Merchant Energy-Petroleum Company. New Address: Greenberg Traurig LLP, 2101 L Street, NW, Suite 1000, Washington, DC, USA 20037, 202-331-3100. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(Lawrence-Hammer, Lesley)
October 19, 2010 Filing 634 NOTICE OF CHANGE OF ADDRESS by Lesley K Lawrence-Hammer on behalf of Coastal Eagle Point Oil Company, Coastal Mobile Refining Company, Coastal Oil New England, El Paso CGP Company, El Paso Corporation, El Paso Merchant Energy-Petroleum Company. New Address: Greenberg Traurig LLP, 2101 L Street, NW, Suite 1000, Washington, DC, USA 20037, 202-331-3100. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(Lawrence-Hammer, Lesley)
October 19, 2010 Filing 633 NOTICE OF CHANGE OF ADDRESS by Lesley K Lawrence-Hammer on behalf of Coastal Eagle Point Oil Company, Coastal Mobile Refining Company, Coastal Oil New England, El Paso CGP Company, El Paso Corporation, El Paso Merchant Energy-Petroleum Company. New Address: Greenberg Traurig LLP, 2101 L Street, NW, Suite 1000, Washington, DC, USA 20037, 202-331-3100. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(Lawrence-Hammer, Lesley)
October 14, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (632 in 1:04-cv-03417-SAS, 3184 in 1:00-cv-01898-SAS -DCF) Notice of Appeal,. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:04-cv-03417-SAS(nd)
October 14, 2010 Transmission of Notice of Appeal to the District Judge re: (632 in 1:04-cv-03417-SAS, 3184 in 1:00-cv-01898-SAS -DCF) Notice of Appeal,. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:04-cv-03417-SAS(nd)
October 13, 2010 Filing 632 NOTICE OF APPEAL from (631 in 1:04-cv-03417-SAS, 3167 in 1:00-cv-01898-SAS -DCF) Amended Judgment,, (593 in 1:04-cv-03417-SAS, 3053 in 1:00-cv-01898-SAS -DCF) Judgment, (628 in 1:04-cv-03417-SAS, 3159 in 1:00-cv-01898-SAS -DCF) Opinion and Order. Document filed by Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Mobile Corporation. Filing fee $ 455.00, receipt number E 917296. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:04-cv-03417-SAS(nd)
September 17, 2010 Filing 631 AMENDED JUDGMENT # 10,1585 amending (593 in 1:04-cv-03417-SAS, 3053 in 1:00-cv-01898-SAS-DCF) Judgment, in favor of plaintiffs City of New York, the New York City Water Board, and the New York City Municipal Water Finance Authority against defendants ExxonMobil Corporation, ExxonMobil Oil Corporation and Mobil Corporation, individually or collectively, in the amount of $ 109,052,561.00. (Signed by Clerk of Court Ruby Krajick on 9/17/10) (Attachments: #1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(ml)
September 13, 2010 Opinion or Order Filing 630 OPINION AND ORDER The Clerk of Court is hereby directed to enter the attached amended judgment. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 9/13/2010) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jmi)
September 13, 2010 Opinion or Order Filing 629 OPINION AND ORDER The Clerk of Court is hereby directed to close the parties' joint motion to amend/correct the judgment (Docket No. 597). It was resolved by stipulation and order entered on April 21, 2010 (Docket No. 600). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 9/13/2010) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jmi)
September 13, 2010 Transmission to Judgments and Orders Clerk. Transmitted re: (630 in 1:04-cv-03417-SAS) Memorandum & Opinion, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jmi)
September 7, 2010 Opinion or Order Filing 628 OPINION AND ORDER: For the aforementioned reasons, ExxonMobil 's post-trial motion is denied. The Clerk of Court is directed to close this motion (Docket No. 610). (Signed by Judge Shira A. Scheindlin on 9/7/2010) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jpo)
August 20, 2010 Filing 627 DECLARATION of Lauren Handel in Support re: #610 MOTION for Judgment as a Matter of Law.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit Exhibit A to Handel Declaration, #2 Exhibit Exhibit B to Handel Declaration, #3 Exhibit Exhibit C to Handel Declaration)(Morain, Malinda)
August 20, 2010 Filing 626 RESPONSE in Support re: #610 MOTION for Judgment as a Matter of Law.. Document filed by Exxon Mobil Corporation. (Morain, Malinda)
August 20, 2010 Filing 625 RESPONSE to Motion re: (610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law. PLAINTIFFS CORRECTED SUPPLEMENTAL BRIEF IN RESPONSE TO THE COURTS POST-TRIAL QUESTIONS. Document filed by City of NY. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
August 16, 2010 Filing 624 AFFIDAVIT of MARNIE E. RIDDLE in Support re: (610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law.. Document filed by City of NY. (Attachments: #1 Exhibit EXHIBIT 1, #2 Exhibit EXHIBIT 2, #3 Exhibit EXHIBIT 3 (Part 1), #4 Exhibit EXHIBIT 3 (Part 2), #5 Exhibit EXHIBIT 4, #6 Exhibit EXHIBIT 5, #7 Exhibit EXHIBIT 6, #8 Exhibit EXHIBIT 7, #9 Exhibit EXHIBIT 8, #10 Exhibit EXHIBIT 9, #11 Exhibit EXHIBIT 10, #12 Exhibit EXHIBIT 11, #13 Exhibit EXHIBIT 12, #14 Exhibit EXHIBIT 13, #15 Exhibit EXHIBIT 14)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 15, 2010 Filing 623 RESPONSE to Motion re: (610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law. PLAINTIFFS SUPPLEMENTAL BRIEF IN RESPONSE TO THE COURTS POST-TRIAL QUESTIONS. Document filed by City of NY. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
July 30, 2010 Opinion or Order Filing 622 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION; Upon the motion of Christine M. Riley and said sponsor attorney's affidavit in support; IT IS HEREBY ORDERED that Michelle A. Burr is admitted to practice pro hac vice as counsel for Defendant Southern Counties Oil Company, Inc., in the above captioned Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Shira A. Scheindlin on 7/29/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(djc) Modified on 8/9/2010 (djc).
July 27, 2010 Opinion or Order Filing 621 ORDER RELIEVING SPECIAL MASTER HEDGES OF CERTAIN PRESERVATION OBLIGATIONS that Special Master Ronald J. Hedges may be relieved of his obligations under Paragraph 3 of the Reference Order as such obligations relate to the City of NY et al v Amerada Hess et al, No. 04 Civ 3417 matter. All other preservation obligations under Paragraph 3 of the Reference Order remain in full force and effect. (Signed by Judge Shira A. Scheindlin on 7/26/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
June 22, 2010 Opinion or Order Filing 620 CASE MANAGEMENT ORDER #75: For each case currently pending in MDL 1358, those defendants who remain a party and who owned or leased property with underground storage tanks (USTs) or owned or leased USTs during the relevant time period and in the relevant geographic area at issue (as defined by the Court) shall provide declarations in that case identifying such property and underground storage tanks they owned or leased, and the dates of such ownership or leasing, within the relevant geographic area. If a defendant owns or owned, or leases or leased more than 50 USTs or properties with USTs, such defendant may provide a printout from a database or other electronically available information together with a declaration describing the meaning of the printout. If a defendant would have to review numerous paper files or otherwise has data gaps based on the age of the information, the defendant may seek relief based on burden from theSpecial Master. For those cases where the use of "focus sites" has been ordered by the Court, a defendant shall provide a declaration regarding ownership and leasing information for properties and USTs for the focus sites that have been or will be selected in the case. (Signed by Judge Shira A. Scheindlin on 6/22/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(db)
June 11, 2010 Filing 619 DECLARATION of Lauren Handel in Support re: (3076 in 1:00-cv-01898-SAS-DCF, 610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law Exxon Mobil Defendants' Notice of Renewed Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial and/or Remittitur.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 11, 2010 Filing 618 REPLY MEMORANDUM OF LAW in Support re: (3076 in 1:00-cv-01898-SAS-DCF, 610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law Exxon Mobil Defendants' Notice of Renewed Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial and/or Remittitur.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 1, 2010 Opinion or Order Filing 617 CASE MANAGEMENT ORDER #72 This Order memorializes the rulings made during the status conference held on 5/19/10. ExxomMobil is granted leave to notice de bene esse depositions of three ExxonMobil employees-Mr. Robert Biles, Mr. Vic Dugan, and Mr. Thomas Eizember-in all cases in this multi-district litigation, and as further set forth in this document. The next all-cases status conference is scheduled for 9/8/10 at 10:30. Status Conference set for 9/8/2010 at 10:30 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 5/27/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
May 27, 2010 Filing 616 AFFIDAVIT of MARNIE E. RIDDLE in Opposition re: (610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law.. Document filed by The City of New York. (Attachments: #1 Exhibit EXHIBIT 1, #2 Exhibit EXHIBIT, #3 Exhibit EXHIBIT 3, #4 Exhibit EXHIBIT 4)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 27, 2010 Filing 615 MEMORANDUM OF LAW in Opposition re: (3076 in 1:00-cv-01898-SAS-DCF, 610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law Exxon Mobil Defendants' Notice of Renewed Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial and/or Remittitur.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 26, 2010 Opinion or Order Filing 614 ORDER. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Alec C. Zacaroli,Esq., is admitted to practice before this Court pro hac vice on behalf of Chevron U.S.A, Inc., Equilon Enterprises LLC (d/b/a Shell Oil Products US), Motiva Enterprises LLC, Shell Oil Company, Shell Oil Products Company LLC, Shell Oil Products Company, Shell Petroleum, Inc., Shell Trading (US) Company, Texaco Inc., TMR Company (f/k/a Texaco Refining and Marketing Inc.), Texaco Refining and Marketing (East) Inc., and TRMI Holdings, Inc. in this civil action upon the deposit of the required $25.00 fee to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 5/26/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(rjm)
May 12, 2010 Opinion or Order Filing 613 OPINION AND ORDER: For the aforementioned reasons, the City's motion for entry of prejudgment interest is granted as to post-verdict interest but denied as to pre-verdict interest. The Clerk of Court is directed to close this motion (Docket No. 577). (Signed by Judge Shira A. Scheindlin on 5/12/2010) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jfe)
April 27, 2010 Filing 612 MEMORANDUM OF LAW in Support re: (3076 in 1:00-cv-01898-SAS-DCF, 610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law Exxon Mobil Defendants' Notice of Renewed Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial and/or Remittitur.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 27, 2010 Filing 611 DECLARATION of Lauren Handel in Support re: (3076 in 1:00-cv-01898-SAS-DCF, 610 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law Exxon Mobil Defendants' Notice of Renewed Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial and/or Remittitur.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 27, 2010 Filing 610 MOTION for Judgment as a Matter of Law Exxon Mobil Defendants' Notice of Renewed Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial and/or Remittitur. Document filed by Exxon Mobil Corporation. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 23, 2010 Opinion or Order Filing 609 ORDER denying without prejudice (601) Motion for New Trial; denying without prejudice (604) Motion for Judgment as a Matter of Law; denying (606) Motion for New Trial in case 1:04-cv-03417-SAS; denying without prejudice (3065) Motion for New Trial; denying without prejudice (3068) Motion for Judgment as a Matter of Law; denying without prejudice (3070) Motion for New Trial in case 1:00-cv-01898-SAS-DCF. ExxonMobil may re-file one post-judgment motion not exceeding 45 double-spaced pages by 4/27/10. Plaintiffs' opposition shall be due on 5/27/10, and shall not exceed 45 double-spaced pages. ExxonMobil may file a reply brief of no more than 20 double-spaced pages by 6/11/10. (Signed by Judge Shira A. Scheindlin on 4/23/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
April 23, 2010 Set Deadlines/Hearings: Motion due by 4/27/2010. Reply due by 6/11/2010. Response due by 5/27/2010 Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
April 21, 2010 Filing 608 MEMORANDUM OF LAW in Support re: (3070 in 1:00-cv-01898-SAS-DCF, 606 in 1:04-cv-03417-SAS) MOTION for New Trial Based on Errors of Law.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 21, 2010 Filing 607 DECLARATION of Lauren Handel in Support re: (3070 in 1:00-cv-01898-SAS-DCF, 606 in 1:04-cv-03417-SAS) MOTION for New Trial Based on Errors of Law.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 21, 2010 Filing 606 MOTION for New Trial Based on Errors of Law. Document filed by Exxon Mobil Corporation. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 21, 2010 Filing 605 MEMORANDUM OF LAW in Support re: (604 in 1:04-cv-03417-SAS, 3068 in 1:00-cv-01898-SAS-DCF) MOTION for Judgment as a Matter of Law.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
April 21, 2010 Filing 604 MOTION for Judgment as a Matter of Law or, in the Alternative, for a New Trial. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
April 21, 2010 Filing 603 MEMORANDUM OF LAW in Support re: (3065 in 1:00-cv-01898-SAS-DCF, 601 in 1:04-cv-03417-SAS) MOTION for New Trial on Damages or, Alternatively, for Remittitur.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
April 21, 2010 Filing 602 DECLARATION of Lauren Handel in Support re: (3065 in 1:00-cv-01898-SAS-DCF, 601 in 1:04-cv-03417-SAS) MOTION for New Trial on Damages or, Alternatively, for Remittitur.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
April 21, 2010 Filing 601 MOTION for New Trial on Damages or, Alternatively, for Remittitur. Document filed by Exxon Mobil Corporation. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
April 21, 2010 Opinion or Order Filing 600 STIPULATION AND ORDER AMENDING JUDGMENT PURSUANT TO FRCP 59(e) that within 7 days of the Court's decision on the City's motion for pre-judgment interest, the City and ExxonMobil shall submit a proposed amended final judgment incorporating the changes identified above to the Court for entry by the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 4/21/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
April 21, 2010 Opinion or Order Filing 599 CASE MANAGEMENT ORDER #65: re discovery rulings made during the status conference held on 4/14/10 as to The Commonwealth of Puerto Rico and New Jersey cases, see document. All Cases Status Conference set for 5/19/2010 at 10:30 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 4/21/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 21, 2010 Filing 598 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (Stipulation and Proposed Order Amending Judgment) - RESPONSE in Support re: #597 JOINT MOTION to Amend/Correct the Judgment.. Document filed by The Water Board, Water Finance Agency, The City of New York. (Amron, Susan) Modified on 4/22/2010 (jar).
April 21, 2010 Filing 597 JOINT MOTION to Amend/Correct the Judgment. Document filed by The Water Board, Water Finance Agency, The City of New York.(Amron, Susan)
April 13, 2010 Opinion or Order Filing 596 NOTICE OF WITHDRAWAL OF COUNSEL that John J. Amberg is no longer associated with Kirkland & Ellis LLP and should be removed from the service list. Kirkland & Ellis LLP continues to serve as counsel for the BP Defendants through their attorney(s) J. Andrew Langan, Wendy L. Bloom, Peter Bellacosa and Christopher Esbrook and all future correspondence and papers in this action should continue to be directed to them. So Ordered. (Signed by Judge Shira A. Scheindlin on 4/12/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 12, 2010 Filing 595 DECLARATION of Susan E. Amron in Support re: #577 MOTION Prejudgment Interest.. Document filed by The Water Board, Water Finance Agency, The City of New York. (Amron, Susan)
April 12, 2010 Filing 594 REPLY MEMORANDUM OF LAW in Support re: #577 MOTION Prejudgment Interest.. Document filed by The Water Board, Water Finance Agency, The City of New York. (Amron, Susan)
April 6, 2010 Filing 593 RULE 54(B) JUDGMENT That for the reasons stated in the Court's Opinion and Order dated April 5, 2010, that there is no just reason for delay, pursuant to Fed. R. Civ. P. 54(b), final judgment is entered on the Station Six claims. (Signed by J. Michael McMahon, clerk on 4/6/10) (Attachments: #1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(ml)
April 5, 2010 Opinion or Order Filing 592 STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE, all of the City's currently remaining state law claims asserted in this litigation, specifically cause of action One through Three and Five through Eight of the City's Fourth Amended Complaint, as they relate to all wells other than the Station 6 Wells, are dismissed, without prejudice, as against the ExxonMobil Defendants pursuant to FRCP 41(a)(1)(ii), effective upon entry of judgment by the Court as to the verdict rendered by the jury on 10/19/09 regarding the Station 6 Wells.... (SEE PREVIOUS TWO ENTRIES) (Signed by Judge Shira A. Scheindlin on 4/5/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
April 5, 2010 Opinion or Order Filing 591 OPINION AND ORDER that for the aforementioned reasons, the Clerk of Court is directed to enter final judgment on the Station Six claims pursuant to Rule 54(b) and to close this motion (docket No. 583). (Signed by Judge Shira A. Scheindlin on 4/5/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
April 5, 2010 Opinion or Order Filing 590 ORDER GRANTING JOINT MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FRCP 54(b), granting (583) Motion for Entry of Judgment under Rule 54(b) in case 1:04-cv-03417-SAS; granting (3021) Motion for Entry of Judgment under Rule 54(b) in case 1:00-cv-01898-SAS-DCF. (Signed by Judge Shira A. Scheindlin on 4/5/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
April 5, 2010 Transmission to Judgments and Orders Clerk. Transmitted re: #590 Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b), to the Judgments and Orders Clerk. (cd)
April 5, 2010 Transmission to Judgments and Orders Clerk. Transmitted re: #591 Memorandum & Opinion, to the Judgments and Orders Clerk. (cd)
April 1, 2010 Opinion or Order Filing 589 ENDORSED LETTER addressed to Judge Shira A.Scheindlin from Lauren Podesta dated 3/26/10 re: Request by the above attorney to be removed from the listed cases. ENDORSEMENT: The Clerk of Court is hereby directed to remove Lauren Podesta as attorney of record in the above-captioned matters. So Ordered. (Signed by Judge Shira A. Scheindlin on 4/1/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 29, 2010 Filing 588 DECLARATION of Lauren Handel in Opposition re: (577 in 1:04-cv-03417-SAS) MOTION Prejudgment Interest.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
March 29, 2010 Filing 587 MEMORANDUM OF LAW in Opposition re: (577 in 1:04-cv-03417-SAS) MOTION Prejudgment Interest.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
March 25, 2010 Opinion or Order Filing 586 STIPULATION AND ORDER WITHDRAWING PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FRCP 54(b), the City's Motion for Entry of Judgment Pursuant to FRCP 54(b) is withdrawn. The Clerk is directed to remove from the docket the motion and related filings (04 cv 3417), Docket Nos. 568, 569, 570, 573, 574, and 575; 00 cv 1898, Docket Nos. 2877, 2978, 2980, 2981, 2991, 2996, and 3002). (Signed by Judge Shira A. Scheindlin on 3/25/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 25, 2010 ***STRICKEN DOCUMENTS. Deleted document numbers [568, 569, 570, 573, 574, 575] from the case record. The documents were stricken from this case pursuant to #586 Stipulation and Order. (cd)
March 24, 2010 Opinion or Order Filing 585 ORDER ADMITTING ATTORNEY David T. Ritter PRO HAC VICE for all plaintiffs. (Signed by Judge Shira A. Scheindlin on 3/24/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 23, 2010 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Victor Sher for noncompliance with Section (18.4) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #582 Notice of Voluntary Dismissal, to: judgments@nysd.uscourts.gov. (dt)
March 22, 2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Victor Sher to E-MAIL Document No. (581) Stipulation and Proposed Order to judgments@nysd.uscourts.gov. This document is not filed via ECF. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jar) Modified on 3/23/2010 (jar).
March 22, 2010 Filing 584 JOINT MEMORANDUM OF LAW in Support re: (3021 in 1:00-cv-01898-SAS-DCF, 583 in 1:04-cv-03417-SAS) JOINT MOTION for Entry of Judgment under Rule 54(b) PLAINTIFF CITY OF NEW YORKS AND DEFENDANT EXXONMOBILS NOTICE OF JOINT MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 54(b).JOINT MOTION for Entry of Judgment under Rule 54(b) PLAINTIFF CITY OF NEW YORKS AND DEFENDANT EXXONMOBILS NOTICE OF JOINT MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 54(b). MEMORANDUM IN SUPPORT OF JOINT MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 54(b). Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
March 22, 2010 Filing 583 JOINT MOTION for Entry of Judgment under Rule 54(b) PLAINTIFF CITY OF NEW YORKS AND DEFENDANT EXXONMOBILS NOTICE OF JOINT MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 54(b). Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
March 22, 2010 Filing 582 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) Exxon Mobil Oil Corporation. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor) Modified on 3/23/2010 (dt).
March 22, 2010 Filing 581 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (Stipulation) - RESPONSE to Motion re: (569 in 1:04-cv-03417-SAS, 2980 in 1:00-cv-01898-SAS-DCF) MOTION for Judgment. STIPULATION AND [PROPOSED] ORDER WITHDRAWING PLAINTIFFS MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 54(b). Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor) Modified on 3/23/2010 (jar).
March 11, 2010 Opinion or Order Filing 580 CASE MANAGEMENT ORDER #60: re rulings made at the 3/4/10 status conference, see document for various deadlines..... In Incorporated Village of Mineola, West Hempstead Water District, Carle Place Water District, Town of Southhampton, Village of Hempstead, Town of East Hampton, Westbury Water District: Amended Pleadings due by 4/1/2010. Motion for summary judgment by defendant Barco in the West Hempstead case, due by 4/15/2010. Responses due by 5/13/2010 Replies due by 5/27/2010. Discovery due by 10/1/2010. All-cases Status Conference set for 4/14/2010 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 3/9/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 8, 2010 Filing 579 DECLARATION of Susan E. Amron in Support re: #577 MOTION Prejudgment Interest.. Document filed by The Water Board, Water Finance Agency, The City of New York. (Amron, Susan)
March 8, 2010 Filing 578 MEMORANDUM OF LAW in Support re: #577 MOTION Prejudgment Interest.. Document filed by The Water Board, Water Finance Agency, The City of New York. (Amron, Susan)
March 8, 2010 Filing 577 MOTION Prejudgment Interest. Document filed by The Water Board, Water Finance Agency, The City of New York.(Amron, Susan)
February 24, 2010 Filing 576 NOTICE OF APPEARANCE by James W. Quinn on behalf of Mobile Corporation, Exxon Mobil Corporation, Exxon Mobil Oil Corporation (Quinn, James)
January 14, 2010 Opinion or Order Filing 572 CASE MANAGEMENT ORDER #57: 1. Village ofHempstead and West Hempstead: A. A conference is scheduled for February 10, 2010 at lOAM to discuss preparation for the West Hempstead trial scheduled to begin on June 21, 2010. This conference may be converted to an "all cases" status conference if the parties identify a sufficient number of issues that should be decided by the Court.B. Plaintiffs are directed to supply defendants with the "Village of Hempstead spill documents" requested by defendants. If defendants are not satisfied with the documents produced, they may identify what documents they believe are missing to Special Master Warner. C. Plaintiffs are directed to supply defendants with the Bates numbers ofthe "West Hempstead Analyte Data and Laboratory Procedures" documents requested by defendants. 2. New Jersey:A. Plaintiffs are directed to produce the "Oracle" database in native format. If the parties cannot resolve the other electronic discovery disputes in this case, including whether portions of the "Oracle" database should be redacted, with ten (10) days, these disputes are referred to Special Master Warner.B. Plaintiffs are directed to produce the non-site-specific discovery requested by defendants. If plaintiffs object to any of these requests as being overbroad, the matter is referred to Special Master Warner. C. Plaintiffs are directed to produce a list of sites for which they have not identified specific MTBE release points. If defendants, with plaintiffs' direction, are unable to extract the other sites at issue in this case - i.e., those sites where specific lVITBE release points have been identified - from the databases already produced by plaintiffs, the parties are directed to meet with Special Master Warner to determine how to proceed with extracting a list ofMTBE release sites. D. The parties are directed to meet and confer to discuss ajoint proposedcase management order for the selection of focus sites. If the parties cannot agree upon ajoint proposal, they shall submit individual proposed case management orders. The parties shall not limit the selection of focus sites to a single county or geographic region and shall not use a "strike" process in selecting focus sites. In addition, the parties shall not sequence the proposal of focus sites between parties, but shall propose focus sites in two waves - e.g., both parties will propose eight (8) sites on one date and then both parties will propose four (4) additional sites on a later date. The parties mayselect a larger number of focus sites for discovery than for trial. The number of discovery sites shall be no greater than fifty (50), and the number of trial sites shall be no greater than twenty (20). E. Defendants shall be given limited discovery on the entire set of sites at issue in this case. The discovery should be aimed at providing defendants with the information needed to select focus sites for trial. The parties shall meet with Special Master Warner to determine the scope of this limited discovery. F. Plaintiffs are directed to provide short interrogatories to defendants requesting information regarding the refineries from which each defendant has shipped gasoline products into the State ofNew Jersey, the terminals that each defendant has used in doing so, the stations that each defendant owned in New Jersey, the underground storagetanks used at those stations, and the periods of time during whichdefendants had ownership of each one of those stations. Each defendant shall answer these interrogatories separately and retains the right to make objections as appropriate. F. The time for asserting third party claims is stayed. A deadline for asserting third party claims relating to focus sites will be set after those sites are chosen. As to all other sites, the time for asserting third party claims is stayed indefinitely. 2. Puerto Rico: A. Plaintiffs are directed to produce a list of sites for which they have notidentified specific MTBE release points. If defendants, with plaintiffs' direction, are unable to extract the other sites at issue in this case - i.e., those sites where specific MTBE release points have been identified - from the databases already produced by plaintiffs, the parties are directed to meet with Special Master Wan1er to determine how to proceed with extracting a list of MTBE release sites. B. The parties shall inform the Court of their progress following the parties' scheduled visit to Puerto Rico on January 14 and 15.C. The parties are directed to be ready to discuss the process of choosing focus sites for trial by the next status conference. The parties shouldlook to the Court's rulings in the New Jersty case for guidance on how to proceed with discovery and the selection of focus sites. 3. Exxon Mobil shall be permitted to take de bene esse fact depositions of Mr. Robert Reynolds, Mr. Robert Scala, and Mr. Sullivan D. Curran. Mr. Reynolds is already scheduled to be deposed in the Napoli Bern cases. Unless that deposition is cancelled, Exxon Mobil shall be permitted to take its deposition of Mr. Reynolds following the deposition relating to the Napoli Bern cases. 4. In the Napoli Bern cases, the defendants are directed to inform plaintiffs by January 11, 2010 which scheduled expert depositions, if any, they are waiving. 5. Tampa Bay Water, City ofCrystal River, City ofInverness Water District, and City of Homosassa: Plaintiffs are directed, no later than January 15, 2010, to serve interrogatories and/or document requests on Gulf Oil Limited Partnership ("GOLP") in anticipation of GOLP filing a motion for summary judgment in these cases. Defendants shall either respond to these requests or explain to Special Master Warner why the requested documents do not exist. After any such issues are settled, GOLP shall submit a proposed schedule for briefing its summary judgment motion. 6. Riverhead Water District case: Plaintiff is directed to amend its interrogatory responses as directed at the status conference by January 20, 2010. 7. Town ofSouthampton: Plaintiff was directed to amend its interrogatory responses by January 8, 2010. 8. Orange County Water District: the parties are directed to select the ten (10) focus plumes that will be used for trial. The parties shall exchange their lists of five (5) focus plumes by January 15, 2010. The parties are directed to complete fact discovery by the end of August, and to submit a proposed expert discovery schedule for approval by the Court. Status Conference set for 2/10/2010 at 10:00 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 1/14/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(db)
January 4, 2010 Filing 571 TRANSCRIPT of proceedings held on December 1, 2009 10:59 a.m. before Judge Shira A. Scheindlin. (ajc)
December 22, 2009 Opinion or Order Filing 567 ORDER...Accordingly, the Clerk of Court is directed to close this motion (04-3417, Docket No. 477; 00-1898, docket No. 2851. (Signed by Judge Shira A. Scheindlin on 12/22/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
December 21, 2009 Opinion or Order Filing 566 STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST LYONDELL CHEMICAL CO. AND EQUISTAR CHEMICALS, LP re all claims against Lyondell Chemical and Equistar Chemicals, LP as set forth in the Plaintiffs' Fourth Amended Complaint, filed on 3/9/07, with prejudice. (Signed by Judge Shira A. Scheindlin on 12/21/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
December 15, 2009 Filing 565 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 11/3/09 re: The City proposes to present its case in chief support of its claim under the Toxic Substances Control Act and perhaps the entire trial by written submissions pursuant to FRCP 52. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 564 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/15/09 re: The Court's ruling of October 14, 2009 failed to address certain applicable law and facts in the record from which a reasonable jury could conclude that ExxonMobil acted with conscious indifference and utter disregard of its effect upon the health, safety and rights of others. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 563 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/14/09 re: The City reserves the right to supplement the evidence described above with other evidence in the record, including evidence entered during Phase II, evidence has not yet been entered, and evidence cited in its previous letters to the Court. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 562 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/12/09 re: In response to your request for citations to evidence admitted in Phase III that would support a finding that ExxonMobil's conduct that resulted in injury to the City was either malicious or wanton and reckless and the City submits the attached indices to Phase III testimony, organized by date, page and line, and witness name, and to Phase III documents. Document filed by City of NY. (Attachments: #1 Exhibit, #2 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 561 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/9/09 re: I write to respond Your Honor's comment at yesterday's hearing that the City's letter proffering evidence to support punitive damages was "downright misleading." Document filed by City of NY. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 560 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/8/09 re: This letter follows up on your questions of yesterday concerning the City's intended additional proof to support an award of punitive damages, assuming the jury returns a favorable verdict in Phase III; We intend to present, inter alia, the following evidence, listed herein, of Exxon's conscious disregard of MTBE's hazards and potential to cause harm and conscious indifference and utter disregard of MTBE's effect upon the health, safety, and rights of others. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro) (Additional attachment(s) added on 12/18/2009: #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, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit) (mro).
December 15, 2009 Filing 559 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/6/09 re: This responds to Mr. Sacripanti's letter of this evening. The City's closing argument provides no basis revisiting the Court's consistent rulings holding inadmissible City consent decrees; Finally, the City did not improperly suggest that the jury should punish ExxonMobil and the Court's existing instruction already makes clear that the jury's task in this Phase extends only to compensatory damages. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 558 LETTER addressed to Judge Shira A. Scheindlin from Robert S Chapman dated 10/6/09 re: The City objects to the inclusion of the following sentence in the first paragraph of the Court's revised statute of limitations jury charge (listed herein). Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 557 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 10/6/09 re: The City accepts the Court's proposed Statute of Limitations charge in its entirety, and proposes the addition to the jury instruction (listed herein) of Injury in light of Mr. Bongiorno's and Mr. Stack's closing remarks on Friday. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 556 LETTER addressed to Judge Shira A. Scheindlin from Robert S Chapman dated 10/1/09 re: In court today, you requested that the City provide examples of trial testimony supporting a link between public health and treating MTBE in drinking water. On August 4, 2009, counsel for ExxonMobil introduced into evidence D-2919, which included the mission statement (listed herein)of the City Department of Environmental protection. Document filed by City of NY. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 555 LETTER addressed to Judge Shira A. Scheindlin from Robert S Chapman dated 10/1/09 re: The City requests that questions No. 14 of Interrogatory Sheet for Phase III be limited to Sunoco and Chevron and that ExxonMobil be prohibited from arguing that part of the fault for the City's injury is attributable to any of the settling defendants other than Sunoco and Chevron. Document filed by City of NY. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro) (mro).
December 15, 2009 Filing 554 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/30/09 re: There is substantial record evidence that ExxonMobil exercised control over lessee dealer stations (questions and answers listed herein). Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 553 LETTER addressed to Judge Shira A. Scheindlin from Robert S Chapman dated 9/23/09 re: We believe that under the factual circumstances presented here, the jury should not be permitted to consider the alleged contributory fault of the City as a defense or offset to its products liability claims. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 552 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/21/09 re: Request for clarification; Exxon may be deemed to have caused the City's harm in its role as a manufacturer under the commingled product theory, it also caused harm by distributing that product to the location and time the harm occurred. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 551 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/18/09 re: The City's treatment and damage expert, Marnie Bell, does exactly what City represented she would do in her supplemental expert report; Exxon's motion to strike that report should be denied. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 550 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher and Robert Chapman dated 9/15/09 re: The City request that ExxonMobil's motion to strike Dr. Whitelaw's testimony be denied. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 549 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/9/09 re: I write in response to Exxon's letter concerning the City's request to submit a supplemental report from the City's treatment and damage expert; Exxon should not be allowed to ambush the City with an undisclosed, expert opinion in its direct case. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 548 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/7/09 re: I write concerning three related issues related to the damages phase of the trial; First, the City request permission to submit a supplemental report from City's treatment and damage report; Second, we ask Your Honor to clarify that Exxon bears the burden of proving that the City's injury is divisible and if divisible, the cost of removing other pre-existing contaminants from the groundwater; Finally, we wish to bring to Your Honor's attention to an error of law bearing on this Court's July 22, 2009 ruling from the bench denying City's motion in limine No. 8. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 547 LETTER addressed to Judge Shira A. Scheindlin from Robert S Chapman dated 9/14/09 re: Exxon misapprehends the City's motion. Dr. Mohr's testimony should be excluded not because her opinions conflict with those of the City's toxicological experts, but because they lack foundation in the scientific evidence. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 546 LETTER addressed to Judge Shira A. Scheindlin from Robert s. Chapman dated 9/12/09 re: As we discussed in Court this past Thursday and Friday, the City moves to exclude Dr. Robert Biles as a witness for Exxon. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 545 LETTER addressed to Judge Shira A. Scheindlin from Robert s. Chapman dated 9/11/09 re: As we mentioned to counsel for ExxonMobil last week and as recently as yesturday, the City believes that there are limitationis on the statute of limitations evidence given the stipulation of the parties in the joint pretrial order concerning the dates and levels of MTBE detections in the City's wells. Only two of the wells had detections outside the statute of limitations period, as set forth in paragraphs 102, 105, 108, 111, 112, and 119 of the June 26, 2009 stipulation. Document filed by City of NY. Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 544 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/9/09 re: The City moves to strike the expert testimony of Exxon's witness Dr. Sandra Mohr as unreliable, unsupported by scientific evidence, and beyond the scope of her expert report and deposition. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro) (mro).
December 15, 2009 Filing 543 LETTER addressed to Judge Shira A. Scheindlin from Nicholas Campins dated 9/6/09 re: The City requests that hte Court issue a curative instruction in response to the testimony by Mr. Dugan concerning the Petroleum Marketing Practices Act listed herein. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 542 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/5/09 re: For the reasons listed herein, the City requests that the Court clarify that its prior ruling on the City's motion in limine to excluded evidence or argument that federal agencies endorsed or approved of the used of MTBE in gasoline applies equally to evidence or argument that any organ of the federal government, in administrative or legislative capacity, endorse or approved the use of MTBE in gasoline. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 541 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 9/5/09 re: Plaintiff City of NY would like to play selected portions of the September 12, 2000 deposition of Mr. George S. Dominguez during the week of trial starting on September 8. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 540 LETTER addressed to Judge Shira A. Scheindlin from Nicholas G. Campins dated 9/2/09 re: The City writes to address the issue of whether the 7/11/00 deposition of Mr. Larkins may be played in advance of the deposition of the 3/6/08 Mr. Larkins in MDL 1358. As an initial matter, the City notes that it has looked into the issue of whether the Tahoe Deposition was a so called person Motion Knowledgeable deposition and it was not. ExxonMobil is correct on that point. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 539 LETTER addressed to Judge Shira A. Scheindlin from Nicholas G. Campins dated 8/20/09 re: The City writes to address the following legal issues raised at yesterday's conference Phase 3: treatment of the contamination below the MCL, relevance of ExxonMobil's statutory violations to the City's public nuisance claim, whether ExxonMobil had notice of the City's negligence-related claim that ExxonMobil failed to use reasonable care by failing to ensure that station owners and others properly stored or dispensed gasoline containing MTBE and ExxonMobil's duty to warn water providers and others about the dangers of gasoline containing MTBE. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 538 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 8/9/09 re: We write concering the structure of Phase 3; The City's proposed structure, listed herein, allows the parties to efficiently present their evidence without repetition or the risk of inconsistent verdicts and provides several opportunities for the jury to provide the parties with interim guidance. Moreover, the proposed structure will provide guidance to other parties in the MDL concerning these issues in a clear and efficient manner. Document filed by City of NY. (Attachments: #1 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 537 LETTER addressed to Judge Shira A. Scheindlin from Amanda Goad dated 8/5/09 re: I write to object to a recent decision by Special Master Hedges concerning the admissibility of certain reports reports prepared by Toxics Targeting, Inc. As a preliminary note, this issue does not impact trial phase I, as the City seeks to introduce this evidence during Phase II. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 536 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 7/13/09 re: The City writes in response to ExxonMobil's 6/30 letter proposing a separate trial phase on its statute of limitations defense and Exxon's 7/7 amendment of its Phase 1 Witness list adding 35 new witnesses; The Court should reject Exxon's proposal for an "Interim" statute of limitations phase and its amended Phase 1 witness list should be rejected. Document filed by City of NY. (Attachments: #1 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 535 LETTER addressed to Judge Shira A. Scheindlin from William Plache dated 7/1/09 re: I write in response to Mr. Sacripanti's letter of today in which ExxonMobil continues to claim that the NYC water board and NYC Municipal Water Finance Authority are the real parties in interest to this litigation; As demonstrated in the City's June 24, 2009 letter to the Court, and in the Moncure and Anders declarations, the Finance Authority and the Water Board have no direct interest in this litigation, and are not proper parties. The City is the only proper plaintiff. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 534 LETTER addressed to Judge Shira A. Scheindlin from William Plache dated 6/30/09 re: As request at the 6/25/09 conference, enclosed is a declaration on behalf of the NYC Municipal Water Finance Authority. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 533 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 6/30/09 re: Plaintiff writes in response to ExxonMobil's June 29 letter to the Court regarding the impact of the City's request to dismiss its civil conspiracy on the City's Phase 3 witness list; While dismissing the civil conspiracy claim may eliminate the need for a few witnesses associated with the settling defendants, it does not eliminate the need for most; ExxonMobil's count of 46 individuals, the City counts 37 individuals (not including custodians of record). Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 532 LETTER addressed to Judge Shira A. Scheindlin from William Plache dated 6/29/09 re: The City intends to submit a comparable declaration from the NYC Municipal Water Finance Authority. The two people best suited to speak for the Finance Authority on the relevant issues, however, have been out of the office, and will not return until tomorrow. The City requests that it be permitted to submit the declaration from the Finance Authority tomorrow. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 531 LETTER addressed to Judge Shira A. Scheindlin from Victor Sher dated 6/29/09 re: The City of New York writes in advance of the 7/3 conference to request the Court's assistance with several pressing pretrial matters; In light of the short time between now and trial, the City requests that the Court impose deadlines related to deposition designations and potential motions to quash subpoenas, so that these matters will be resolved expeditiously. The City also seeks the Court's guidance regarding the parties' objections to trial exhibits. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 530 LETTER addressed to Judge Shira A. Scheindlin from Susan Amron dated 6/27/09 re: During the discussion at the court conference on Thursday concerning the jury question at the end of Phase I of the trial, the City argued that it should not be required to prove that it would otherwise have funds to construct Station 6 and noted that the previous discussions concerning the 15 year time period to construct Station6 assumed that the funds would be available. The pages from the transcript of the 6/2/09 conference where the parties and Court discussed Phase I question and the availability of funds in the City's budget are attached as exhibit A. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 529 LETTER addressed to Judge Shira A. Scheindlin from Susan Amron dated 6/26/09 re: Accompanying this letter are three binders with the approximately 123 documents for which ExxonMobil is challenging the City's assertion of the deliberative process privilege, and lone disk containing those documents that are excel spreadsheets and that because of their size, cannot be easily printed. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 528 LETTER addressed to Judge Shira A. Scheindlin from William Plache dated 6/24/09 re: I write in response to the June 23, 2009 letter from Peter Sacripanti to Your Honor raising the question as to whether the City of NY is the proper party in this case. As listed herein, the answer is clearly yes. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 527 LETTER addressed to Judge Shira A. Scheindlin from Susam Amron dated 6/24/09 re: I write in response to Peter Scaripanti's 6/23/09 letter concerning the City of NY's identification of Douglas Greeley, Kathryn Garcia and Angela Licata as possible witnesses on Phase I of the trial and the City's production of certain budget documents to ExxonMobil; ExxonMobil has had almost five years to take discovery of the City and depose City witnesses. It should not be allowed to complain about the City's designation as potential witnesses of three employees whom ExxonMobil knew about, and for whatever reason, decided not to deposed during those five years. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 526 LETTER addressed to Judge Shira A. Scheindlin from Victor M. Sher dated 6/17/09 re: The Burden of apportionment rests with ExxonMobil in any event, but the operation of that burden at trial will depend on how this Court answers the question of whether liability under the commingled product theory, for a significant contributor to the City's injury, is several-only or joint and several. For the reasons listed herein, ExxonMobil's liability under the commingled product theory is properly joint and several, and ExxonMobil bears the burdens of exculpation, appointment, and offset. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 525 LETTER addressed to Judge Shira A. Scheindlin from Susam Amron dated 6/16/09 re: Listed herein is a list of what is included in the 3 binders sent along with this letter. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 524 LETTER addressed to Judge Shira A. Scheindlin from Nicholas G. Campins dated 6/15/09 re: The City of NY writes to request the Court's assistance in resolving a dispute regarding its ability to call witnesses at trial via "contemporaneous transmission" from remote locations. Document filed by City of NY. (Attachments: #1 Exhibit, #2 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 523 LETTER addressed to Judge Shira A. Scheindlin from Victor M. Sher dated 6/8/09 re: The Court need not reopen fact or expert discovery to allow ExxonMobil to take exculpatory discovery that it should have taken whether liability is several or joint and several. ExxonMobil has always had the opportunity to attempt to implead third parties and bring contribution claims. And supplemental briefing on the availability of punitive damages is not warranted under these circumstances. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 522 LETTER addressed to Judge Shira A. Scheindlin from Victor M. Sher dated 6/5/09 re: I received late yesterday a copy of Mr. Sacripanti's June 4 letter to Your Honor concerning the application of "Commingled Product" liability in this case. The City would appreciate a chance to respond briefly to several points. We anticipate submitting a letter on Monday, June 8. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 521 LETTER addressed to Judge Shira A. Scheindlin from Susam Amron dated 6/3/09 re: Listed herein is a list of MIL Reply Numbered 1-10 contained in the binder sent with this letter. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 520 LETTER addressed to Judge Shira A. Scheindlin from Daniel Greene dated 6/3/09 re: City of NY briefly responds to ExxonMobil's response to the City's request for leave to file a motion to strike; When the City produces Mr. Terry's modeling files on 3/23, it was four days earlier than was required under the parties' agreement. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 519 LETTER addressed to Judge Shira A. Scheindlin from Daniel Greene dated 6/1/09 re: The City of NY requests leave to file a motion to strike the Supplemental Expert Report of Defendant's Expert Thomas Maguire, dated June 1, 2009. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 518 LETTER addressed to Judge Shira A. Scheindlin from Victor M. Sher dated 5/27/09 re: I write in anticipation of our trial planning conference tomorrow (May 28) to propose that the parties try the City's Station 6 claims in the first phase of the trial, while reserving trial of the other bellwether sites for later; I proposed this approach to counsel for ExxonMobil and Lyondell. I have not received a response as of this writing. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 517 LETTER addressed to Judge Shira A. Scheindlin from Susam Amron dated 5/15/09 re: Listed herein is a list of documents contained in the binder sent along with letter. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 516 LETTER addressed to Judge Shira A. Scheindlin from Victor M. Sher dated 5/14/09 re: ExxonMobil's May 7 proposal to "reverse bifurcate" trial by limiting a first phase to presentation of "damages" will lengthen not shorten this case; The Court should reject Exxon's proposal. Document filed by Plaintiffs.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 515 LETTER addressed to Judge Shira A. Scheindlin from Susam Amron dated 5/12/09 re: Listed herein is a list of Motion in Limine Numbers 1-10. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 514 LETTER addressed to Judge Shira A. Scheindlin from Daniel Greene dated 4/16/09 re: The City of NY submits this letter in response to defendants' 4/9/09 letter requesting that the Court strike the Rubuttal Report of David Terry; The City requests that defendants' motion to strike be denied. Document filed by City of NY. (Attachments: #1 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 513 LETTER addressed to Judge Shira A. Scheindlin from Amanda Goad dated 3/26/09 re: In accordance with the direction of Your Honor provided at the 2/26/09 MDL status conference, attached is the City of New York's proposed order concerning the Shell defendants' waiver of privilege claims for certain categories of documents listed on their most recent privilege logs. Document filed by Plaintiffs.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro) Modified on 12/16/2009 (mro).
December 15, 2009 Filing 512 LETTER addressed to Judge Shira A. Scheindlin from Nicholas G. Campins dated 3/13/09 re: The City of NY writes to inform the Court that a conference call on the matter of defendants' Contention Discovery may no longer be needed; The City regrets that the parties could not resolve this issue without inconveniencing the Court. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 511 LETTER addressed to Judge Shira A. Scheindlin from Susan E. Amron dated 3/13/09 re: I write in response to the 3/12/09 letter from Peter Sacripanti seeking a three week extension of the deadline for expert discovery. The City of New York agrees with defendants that the expert discovery schedule negotiated by the parties and ordered by the Court in CMO 47 provides a very short time period for the parties to depose experts. Because of the impending trial date, the City has been unwilling to agree to a wholesale extension of the expert discovery deadline.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 510 LETTER addressed to Judge Shira A. Scheindlin from Nicholas G. Campins dated 3/10/09 re: The City of New York writes to request the Court's assistance in resolving a discovery dispute regarding its obligations, if any,to further respond to 11 sets of unduly burdensome contention discovery served by defendants on 11/18/08 and 11/19/08, see Exhibits A1-A11, which the City responded to on 12/18/08 and 12/19/09, see Exhibits B1-B11. Document filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro) (Additional attachment(s) added on 12/15/2009: #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit) (mro).
December 15, 2009 Filing 509 LETTER addressed to Judge Shira A. Scheindlin from Scott Pasternack dated 1/14/09 re: I write in response to a letter from Peter Scripanti sent earlier today regarding an issue that arose during the Rule 30(b)(6) deposition of Donald Cohen that took place yesterday and today; The City strongly disagrees with defendants' claim that the City's objection at Mr. Cohen's deposition conflicted with a prior agreement with one of the City's attorneys. No such agreement existed. Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 508 LETTER addressed to Judge Shira A. Scheindlin from Amanda C. Goad dated 1/7/09 re: City of NY respectfully submits this letter in order to seek Your Honor's assistance in resolving ongoing problems with the Shell Defendants' abuts of the privilege doctrine. Despite nearly two years of motion practice on the subject of Shell's privilege logs, Shell continues to assert improper privilege claims. Document filed by City of NY.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 507 LETTER addressed to Judge Shira A. Scheindlin from Susan E. Amron dated 12/16/08 re: At the conference on December 11, hte parties informed the Court that they had reached agreement on a proposed pre trial schedule in the City of New York's case. Enclosed herein is a proposed Case Management Order reflecting that agreed upon schedule. Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 15, 2009 Filing 506 LETTER addressed to Judge Shira A. Scheindlin from Susan E. Amron dated 11/26/08 re: At the Court conference on 10/30; the issue came up of the City of New York's assertion of privilege over documents concerning the City's planning for the future dependability of its water supply. The parties have agreed that the City will produce the disputed documents and the defendants will treat the documents as confidential, both without waiving their respective positions as to the City's assertion of privilege. Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mro)
December 1, 2009 Filing 505 Exhibit List First Supplement to Plaintiffs' Trial Exhibit List Regarding TSCA. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
November 16, 2009 Opinion or Order Filing 504 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from James Pardo dated 11/12/09 re: Request that certain correspondence be made part of the Court Record for 04-3417. ENDORSEMENT: So ordered. (Signed by Judge Shira A. Scheindlin on 11/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
November 10, 2009 Filing 503 TRANSCRIPT of proceedings held on Aug. 19, 20, 21, 24 2009 before Judge Shira A. Scheindlin. (ldi)
November 10, 2009 Filing 502 TRANSCRIPT of proceedings held on September 16, 17, 18 2009 before Judge Shira A. Scheindlin. (ldi)
November 10, 2009 Filing 501 TRANSCRIPT of proceedings held on Aug. 3, 4, 5 2009 before Judge Shira A. Scheindlin. (ldi)
November 10, 2009 Filing 500 TRANSCRIPT of proceedings held on September 3, 8, 9 2009 before Judge Shira A. Scheindlin. (ldi)
November 10, 2009 Filing 499 TRANSCRIPT of proceedings held on Aug. 25, 26, 27, 31 - Sept. 1, 2 2009 before Judge Shira A. Scheindlin. (ldi)
November 10, 2009 Filing 498 TRANSCRIPT of proceedings held on Sept. 10, 11, 14, 15 2009 before Judge Shira A. Scheindlin. (ldi)
November 10, 2009 Filing 497 TRANSCRIPT of proceedings held on October 7, 8, 9 2009 before Judge Shira A. Scheindlin. (ldi)
November 10, 2009 Filing 496 TRANSCRIPT of proceedings held on Sept. 30 - Oct. 1, 2 2009 before Judge Shira A. Scheindlin. (ldi)
November 10, 2009 Filing 495 TRANSCRIPT of proceedings held on Aug. 6, 7, 10, 11, 12, 13 2009 before Judge Shira A. Scheindlin. (ldi)
November 10, 2009 Filing 494 TRANSCRIPT of proceedings held on October 7,8,9,12,,13,14,15,16,19, 2009 before Judge Shira A. Scheindlin. (rdz)
November 10, 2009 Filing 493 TRANSCRIPT of proceedings held on August 14,17,18, 2009 before Judge Shira A. Scheindlin. (rdz)
November 10, 2009 Filing 492 TRANSCRIPT of proceedings held on September 21,22,23,24, 2009 before Judge Shira A. Scheindlin. (rdz)
November 4, 2009 Opinion or Order Filing 491 CASE MANAGEMENT PLAN #55, this Order memorializes the rulings made during the status conference held on 10/29/09, see document as further set forth. (Signed by Judge Shira A. Scheindlin on 11/4/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
November 2, 2009 MEMORANDUM TO THE DOCKET CLERK: jury trial held before Judge Shira A. Scheindlin: 8/3/09, 8/4/09, 8/5/09, 8/6/09, 8/7/09, 8/10/09, 8/11/09, 8/12/09, 8/13/09, 8/14/09, 8/17/09, 8/18/09, 8/19/09, 8/20/09, 8/21/09, 8/24/09, 8/25/09, 8/26/09, 8/31/09, 9/1/09, 9/2/09, 9/3/09, 9/4/09, 9/8/09, 9/9/09, 9/10/09, 9/11/09, 9/14/09, 9/15/09, 9/16/09, 9/17/09, 9/21/09, 9/22/09, 9/23/09, 9/24/09, 9/30/09, 10/1/09, 10/2/09, 10/7/09, 10/8/09, 10/9/09, 10/13/09, 10/14/09, 10/15/09, 10/16/09, and concluded 10/19/09. (cd)
October 23, 2009 Opinion or Order Filing 490 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Nicole L. Picard for Gulf Oil Limited Partnership admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 10/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
October 23, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (12 in 1:09-cv-03739-SAS, 67 in 1:04-cv-03412-SAS, 40 in 1:06-cv-05925-SAS, 75 in 1:06-cv-05496-SAS, 207 in 1:03-cv-08248-SAS, 39 in 1:06-cv-05947-SAS, 91 in 1:03-cv-10052-SAS, 39 in 1:06-cv-05917-SAS, 81 in 1:07-cv-10470-SAS, 72 in 1:04-cv-04974-SAS, 39 in 1:06-cv-05948-SAS, 63 in 1:04-cv-02066-SAS, 74 in 1:04-cv-02072-SAS, 91 in 1:03-cv-10055-SAS, 101 in 1:04-cv-01720-SAS, 70 in 1:04-cv-03420-SAS, 99 in 1:04-cv-01725-SAS, 91 in 1:04-cv-02390-SAS, 39 in 1:06-cv-05928-SAS, 89 in 1:03-cv-10051-SAS, 87 in 1:04-cv-04970-SAS, 88 in 1:03-cv-10053-SAS, 65 in 1:04-cv-02061-SAS, 90 in 1:03-cv-10057-SAS, 40 in 1:06-cv-05938-SAS, 40 in 1:06-cv-05949-SAS, 40 in 1:06-cv-05923-SAS, 39 in 1:06-cv-05924-SAS, 47 in 1:06-cv-03750-SAS, 66 in 1:04-cv-01723-SAS, 39 in 1:06-cv-05958-SAS, 40 in 1:06-cv-05901-SAS, 58 in 1:04-cv-02067-SAS, 40 in 1:06-cv-05955-SAS, 39 in 1:06-cv-05946-SAS, 110 in 1:03-cv-09543-SAS, 77 in 1:04-cv-02070-SAS, 40 in 1:06-cv-05902-SAS, 69 in 1:04-cv-04975-SAS, 66 in 1:04-cv-02062-SAS, 47 in 1:07-cv-06848-SAS, 98 in 1:04-cv-01719-SAS, 71 in 1:04-cv-05421-SAS, 39 in 1:06-cv-05951-SAS, 39 in 1:06-cv-05960-SAS, 40 in 1:06-cv-05959-SAS, 121 in 1:04-cv-04968-SAS, 39 in 1:06-cv-05945-SAS, 40 in 1:06-cv-05927-SAS, 49 in 1:07-cv-04012-SAS, 39 in 1:06-cv-10205-SAS, 39 in 1:06-cv-05922-SAS, 53 in 1:05-cv-09070-SAS, 50 in 1:07-cv-04009-SAS, 41 in 1:06-cv-05903-SAS, 103 in 1:07-cv-02406-SAS, 40 in 1:06-cv-05942-SAS, 45 in 1:07-cv-08360-SAS, 68 in 1:08-cv-07766-SAS, 79 in 1:04-cv-06993-SAS, 58 in 1:06-cv-03753-SAS, 39 in 1:06-cv-05953-SAS, 73 in 1:04-cv-01727-SAS, 41 in 1:06-cv-00877-SAS, 52 in 1:06-cv-03741-SAS, 87 in 1:03-cv-10054-SAS, 40 in 1:06-cv-05912-SAS, 74 in 1:04-cv-03416-SAS, 70 in 1:04-cv-04969-SAS, 40 in 1:06-cv-05963-SAS, 40 in 1:06-cv-05940-SAS, 68 in 1:04-cv-02060-SAS, 55 in 1:04-cv-04971-SAS, 54 in 1:05-cv-04018-SAS, 490 in 1:04-cv-03417-SAS, 39 in 1:06-cv-05914-SAS, 66 in 1:04-cv-02059-SAS, 92 in 1:04-cv-02388-SAS, 47 in 1:06-cv-03754-SAS, 38 in 1:06-cv-05916-SAS, 41 in 1:05-cv-10259-SAS, 67 in 1:04-cv-03413-SAS, 40 in 1:06-cv-05962-SAS, 40 in 1:06-cv-05956-SAS, 17 in 1:09-cv-03738-SAS, 40 in 1:06-cv-05932-SAS, 40 in 1:06-cv-05957-SAS, 49 in 1:07-cv-04011-SAS, 55 in 1:04-cv-04973-SAS, 40 in 1:07-cv-09453-SAS, 55 in 1:04-cv-02057-SAS, 47 in 1:06-cv-03751-SAS, 40 in 1:06-cv-05939-SAS, 40 in 1:06-cv-01379-SAS, 2867 in 1:00-cv-01898-SAS-DCF, 47 in 1:06-cv-03742-SAS, 39 in 1:06-cv-05921-SAS, 22 in 1:09-cv-01419-SAS, 103 in 1:07-cv-02407-SAS, 39 in 1:06-cv-05920-SAS, 67 in 1:04-cv-03419-SAS, 67 in 1:04-cv-01722-SAS, 40 in 1:06-cv-05911-SAS, 75 in 1:04-cv-02068-SAS, 119 in 1:04-cv-02389-SAS, 57 in 1:04-cv-01724-SAS, 6 in 1:09-cv-06554-SAS, 72 in 1:08-cv-07764-SAS, 58 in 1:04-cv-02055-SAS, 39 in 1:06-cv-05961-SAS, 39 in 1:06-cv-05919-SAS, 73 in 1:04-cv-01726-SAS, 290 in 1:04-cv-05424-SAS, 50 in 1:06-cv-01381-SAS, 90 in 1:03-cv-10056-SAS, 39 in 1:06-cv-05954-SAS, 54 in 1:08-cv-06306-SAS, 39 in 1:06-cv-05937-SAS, 97 in 1:04-cv-01721-SAS, 47 in 1:06-cv-03752-SAS, 40 in 1:06-cv-05931-SAS, 70 in 1:08-cv-00312-SAS, 90 in 1:04-cv-02053-SAS, 66 in 1:04-cv-03415-SAS, 55 in 1:08-cv-00278-SAS, 40 in 1:06-cv-05906-SAS, 257 in 1:03-cv-09050-SAS, 109 in 1:07-cv-02405-SAS, 39 in 1:06-cv-05926-SAS, 49 in 1:05-cv-01310-SAS, 103 in 1:07-cv-02403-SAS, 40 in 1:06-cv-05905-SAS, 39 in 1:06-cv-05933-SAS, 105 in 1:03-cv-09544-SAS, 56 in 1:04-cv-02056-SAS, 85 in 1:04-cv-03418-SAS, 39 in 1:06-cv-05941-SAS, 39 in 1:06-cv-05943-SAS, 40 in 1:06-cv-05913-SAS, 57 in 1:04-cv-04990-SAS, 82 in 1:04-cv-01716-SAS, 73 in 1:04-cv-05422-SAS, 39 in 1:06-cv-05930-SAS, 108 in 1:04-cv-04972-SAS, 39 in 1:06-cv-05915-SAS, 40 in 1:06-cv-05950-SAS, 40 in 1:06-cv-05907-SAS, 39 in 1:06-cv-05952-SAS, 72 in 1:04-cv-05423-SAS, 92 in 1:04-cv-01718-SAS) Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
October 19, 2009 Opinion or Order Filing 489 OPINION AND ORDER # 98163. For the foregoing reasons, ExxonMobil's motion is granted. I stress, however, that this holding is nocessarily limited to the facts presented at this bellwether trial, where the City has not shown that ExxonMobil's conduct created either significant actual harm or a substantial risk of severe harm to the Station Six wells. (Signed by Judge Shira A. Scheindlin on 10/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(rjm) Modified on 10/20/2009 (eef).
October 19, 2009 Filing 488 REPLY MEMORANDUM OF LAW in Support re: (477 in 1:04-cv-03417-SAS, 2851 in 1:00-cv-01898-SAS-DCF) MOTION for Judgment as a Matter of Law.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
October 14, 2009 Filing 487 DECLARATION of Nicholas G. Campins in Opposition re: (2860 in 1:00-cv-01898-SAS-DCF, 484 in 1:04-cv-03417-SAS) MOTION in Limine to Preclude the Testimony of Mr. Burke in Phase IV.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
October 14, 2009 Filing 486 MEMORANDUM OF LAW in Opposition re: (2860 in 1:00-cv-01898-SAS-DCF, 484 in 1:04-cv-03417-SAS) MOTION in Limine to Preclude the Testimony of Mr. Burke in Phase IV.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
October 13, 2009 Filing 485 MEMORANDUM OF LAW in Support re: (2860 in 1:00-cv-01898-SAS-DCF, 484 in 1:04-cv-03417-SAS) MOTION in Limine to Preclude the Testimony of Mr. Burke in Phase IV.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Attachment A, #2 Attachment A - Part 2, #3 Attachment A - Part 3, #4 Attachment A - Part 4, #5 Attachment B, #6 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
October 13, 2009 Filing 484 MOTION in Limine to Preclude the Testimony of Mr. Burke in Phase IV. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
October 6, 2009 Filing 483 DECLARATION of Marnie E. Riddle in Opposition re: (477 in 1:04-cv-03417-SAS, 2851 in 1:00-cv-01898-SAS-DCF) MOTION for Judgment as a Matter of Law.. Document filed by The City of New York. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
October 6, 2009 Filing 482 MEMORANDUM OF LAW in Opposition re: (477 in 1:04-cv-03417-SAS, 2851 in 1:00-cv-01898-SAS-DCF) MOTION for Judgment as a Matter of Law.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
October 2, 2009 Filing 481 REPLY MEMORANDUM OF LAW in Support re: (480 in 1:04-cv-03417-SAS, 2856 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
October 2, 2009 Filing 480 MOTION in Limine to Exclude Evidence and Argument Regarding (I) Joint and Several Liability and Punitive Damages and (II) to Prohibit the Proposed Testimony of Dr. Fogg and Mr. Burke. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
October 1, 2009 Filing 479 DECLARATION of James A. Pardo in Support re: (477 in 1:04-cv-03417-SAS, 2851 in 1:00-cv-01898-SAS-DCF) MOTION for Judgment as a Matter of Law.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit A - Part 4, #5 Exhibit A - Part 5, #6 Exhibit A - Part 6, #7 Exhibit A - Part 7, #8 Exhibit B, #9 Exhibit B - Part 2, #10 Exhibit C, #11 Exhibit C - Part 2, #12 Exhibit C - Part 3, #13 Exhibit D, #14 Exhibit D - Part 2, #15 Exhibit E, #16 Exhibit E - Part 2, #17 Exhibit F, #18 Exhibit F - Part 2, #19 Exhibit F - Part 3, #20 Exhibit F - Part 4, #21 Exhibit G, #22 Exhibit H, #23 Exhibit I, #24 Exhibit I - Part 2, #25 Exhibit I - Part 3, #26 Exhibit J, #27 Exhibit J - Part 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
October 1, 2009 Filing 478 MEMORANDUM OF LAW in Support re: (477 in 1:04-cv-03417-SAS) MOTION for Judgment as a Matter of Law.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Memorandum - Part 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
October 1, 2009 Filing 477 MOTION for Judgment as a Matter of Law. Document filed by Exxon Mobil Corporation. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
October 1, 2009 Opinion or Order Filing 476 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Anthony A. Orlandi for Getty Oil Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 10/1/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo)
October 1, 2009 Filing 475 BRIEF DECLARATION OF NICHOLAS G. CAMPINS IN OPPOSITION TO EXXONMOBIL CORPORATIONS MOTION IN LIMINE TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING (I) JOINT AND SEVERAL LIABILITY AND PUNITIVE DAMAGES AND (II) TO PROHIBIT THE PROPOSED TESTIMONY OF DR. FOGG AND MR. BURKE. Document filed by The City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
October 1, 2009 Filing 474 BRIEF PLAINTIFFS OPPOSITION TO EXXONMOBIL CORPORATIONS MOTION IN LIMINE TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING (I) JOINT AND SEVERAL LIABILITY AND PUNITIVE DAMAGES AND (II) TO PROHIBIT THE PROPOSED TESTIMONY OF DR. FOGG AND MR. BURKE. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
September 25, 2009 Opinion or Order Filing 473 ORDER ADMITTING COUNSEL PRO HAC VICE. Attorney Anthony A. Orlandi for Gulf Limited Liability Partnership, Gulf Oil Limited Partnership, Gulf Limited Liability Partnership, Gulf Oil, Limited Partnership, and Gulf Oil Limited Partnership admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 9/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
September 25, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (37 in 1:06-cv-05915-SAS, 69 in 1:04-cv-05421-SAS, 73 in 1:04-cv-02068-SAS, 85 in 1:04-cv-04970-SAS, 37 in 1:06-cv-05928-SAS, 88 in 1:03-cv-10057-SAS, 65 in 1:04-cv-01722-SAS, 37 in 1:06-cv-05953-SAS, 45 in 1:06-cv-03754-SAS, 70 in 1:04-cv-05423-SAS, 473 in 1:04-cv-03417-SAS, 38 in 1:06-cv-05956-SAS, 50 in 1:06-cv-03741-SAS, 38 in 1:06-cv-05906-SAS, 47 in 1:07-cv-04011-SAS, 37 in 1:06-cv-10205-SAS, 48 in 1:06-cv-01381-SAS, 117 in 1:04-cv-02389-SAS, 70 in 1:08-cv-07764-SAS, 79 in 1:07-cv-10470-SAS, 37 in 1:06-cv-05951-SAS, 38 in 1:06-cv-05940-SAS, 38 in 1:06-cv-05957-SAS, 89 in 1:04-cv-02390-SAS, 37 in 1:06-cv-05922-SAS, 71 in 1:04-cv-01726-SAS, 43 in 1:07-cv-08360-SAS, 37 in 1:06-cv-05926-SAS, 39 in 1:06-cv-00877-SAS, 101 in 1:07-cv-02407-SAS, 38 in 1:06-cv-05963-SAS, 37 in 1:06-cv-05958-SAS, 38 in 1:06-cv-05962-SAS, 10 in 1:09-cv-03739-SAS, 45 in 1:06-cv-03742-SAS, 51 in 1:05-cv-09070-SAS, 37 in 1:06-cv-05919-SAS, 37 in 1:06-cv-05933-SAS, 53 in 1:04-cv-02057-SAS, 64 in 1:04-cv-01723-SAS, 65 in 1:04-cv-03419-SAS, 55 in 1:04-cv-01724-SAS, 37 in 1:06-cv-05952-SAS, 65 in 1:04-cv-03413-SAS, 37 in 1:06-cv-05961-SAS, 64 in 1:04-cv-03415-SAS, 101 in 1:07-cv-02403-SAS, 37 in 1:06-cv-05946-SAS, 37 in 1:06-cv-05948-SAS, 39 in 1:05-cv-10259-SAS, 54 in 1:06-cv-03753-SAS, 38 in 1:07-cv-09453-SAS, 38 in 1:06-cv-05927-SAS, 55 in 1:04-cv-04990-SAS, 37 in 1:06-cv-05954-SAS, 37 in 1:06-cv-05937-SAS, 86 in 1:03-cv-10053-SAS, 107 in 1:07-cv-02405-SAS, 37 in 1:06-cv-05945-SAS, 38 in 1:06-cv-05923-SAS, 87 in 1:03-cv-10051-SAS, 103 in 1:03-cv-09544-SAS, 53 in 1:04-cv-04971-SAS, 37 in 1:06-cv-05924-SAS, 75 in 1:04-cv-02070-SAS, 63 in 1:04-cv-02061-SAS, 108 in 1:03-cv-09543-SAS, 4 in 1:09-cv-06554-SAS, 2847 in 1:00-cv-01898-SAS-DCF, 38 in 1:06-cv-05902-SAS, 68 in 1:04-cv-03420-SAS, 52 in 1:05-cv-04018-SAS, 64 in 1:04-cv-02059-SAS, 72 in 1:04-cv-03416-SAS, 47 in 1:05-cv-01310-SAS, 37 in 1:06-cv-05960-SAS, 39 in 1:06-cv-05903-SAS, 38 in 1:06-cv-05932-SAS, 89 in 1:03-cv-10055-SAS, 68 in 1:08-cv-00312-SAS, 66 in 1:04-cv-02060-SAS, 96 in 1:04-cv-01719-SAS, 203 in 1:03-cv-08248-SAS, 38 in 1:06-cv-05925-SAS, 106 in 1:04-cv-04972-SAS, 45 in 1:06-cv-03750-SAS, 66 in 1:08-cv-07766-SAS, 72 in 1:04-cv-02072-SAS, 45 in 1:07-cv-06848-SAS, 88 in 1:04-cv-02053-SAS, 47 in 1:07-cv-04012-SAS, 53 in 1:08-cv-00278-SAS, 64 in 1:04-cv-02062-SAS, 90 in 1:04-cv-01718-SAS, 77 in 1:04-cv-06993-SAS, 73 in 1:06-cv-05496-SAS, 85 in 1:03-cv-10054-SAS, 99 in 1:04-cv-01720-SAS, 38 in 1:06-cv-05949-SAS, 37 in 1:06-cv-05921-SAS, 38 in 1:06-cv-05931-SAS, 56 in 1:04-cv-02067-SAS, 68 in 1:04-cv-04969-SAS, 38 in 1:06-cv-05913-SAS, 253 in 1:03-cv-09050-SAS, 88 in 1:03-cv-10056-SAS, 38 in 1:06-cv-01379-SAS, 288 in 1:04-cv-05424-SAS, 48 in 1:07-cv-04009-SAS, 38 in 1:06-cv-05912-SAS, 37 in 1:06-cv-05943-SAS, 38 in 1:06-cv-05907-SAS, 90 in 1:04-cv-02388-SAS, 38 in 1:06-cv-05901-SAS, 54 in 1:04-cv-02056-SAS, 37 in 1:06-cv-05930-SAS, 67 in 1:04-cv-04975-SAS, 97 in 1:04-cv-01725-SAS, 38 in 1:06-cv-05939-SAS, 36 in 1:06-cv-05916-SAS, 53 in 1:04-cv-04973-SAS, 56 in 1:04-cv-02055-SAS, 37 in 1:06-cv-05941-SAS, 38 in 1:06-cv-05955-SAS, 95 in 1:04-cv-01721-SAS, 45 in 1:06-cv-03751-SAS, 37 in 1:06-cv-05914-SAS, 80 in 1:04-cv-01716-SAS, 37 in 1:06-cv-05947-SAS, 71 in 1:04-cv-05422-SAS, 15 in 1:09-cv-03738-SAS, 61 in 1:04-cv-02066-SAS, 89 in 1:03-cv-10052-SAS, 38 in 1:06-cv-05911-SAS, 51 in 1:08-cv-06306-SAS, 37 in 1:06-cv-05920-SAS, 71 in 1:04-cv-01727-SAS, 70 in 1:04-cv-04974-SAS, 65 in 1:04-cv-03412-SAS, 38 in 1:06-cv-05959-SAS, 101 in 1:07-cv-02406-SAS, 38 in 1:06-cv-05950-SAS, 118 in 1:04-cv-04968-SAS, 20 in 1:09-cv-01419-SAS, 45 in 1:06-cv-03752-SAS, 38 in 1:06-cv-05942-SAS, 37 in 1:06-cv-05917-SAS, 83 in 1:04-cv-03418-SAS, 38 in 1:06-cv-05905-SAS, 38 in 1:06-cv-05938-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
September 23, 2009 Filing 472 Exhibit List TENTH SUPPLEMENT TO PLAINTIFFS PHASE III TRIAL EXHIBIT LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
September 23, 2009 Filing 471 Exhibit List NINTH SUPPLEMENT TO PLAINTIFFS PHASE III TRIAL EXHIBIT LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
September 21, 2009 Filing 470 BRIEF Request for Judicial Notice of Exxon Mobil Corporation's 2008 Form 10-K. Document filed by The City of New York. (Attachments: #1 Exhibit A - Pages 1 - 22, #2 Exhibit A - Pages 23 - 44, #3 Exhibit Exhibit A - Pages 45 - 66, #4 Exhibit A - Pages 67 - 88, #5 Exhibit A - Pages 89 - 110, #6 Exhibit A - Pages 111 - 148)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
September 21, 2009 Filing 469 Exhibit List Tenth Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 20, 2009 Filing 468 Exhibit List Plaintiff City of New York's Eighth Supplement to Phase III Trial Exhibit List. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
September 19, 2009 Filing 467 REQUEST TO CHARGE. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
September 17, 2009 Opinion or Order Filing 466 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from James Pardo dated 9/15/09 re: Request by ExxonMobil that the listed correspondence be added to the Court Record. ENDORSEMENT: So Ordered. (Signed by Judge Shira A. Scheindlin on 9/17/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) (Additional attachment(s) added on 9/22/2009: #1 Text of Proposed Order) (cd).
September 17, 2009 Filing 465 REQUEST TO CHARGE. Document filed by The City of New York.(Campins, Nicholas)
September 16, 2009 Filing 464 Exhibit List Ninth Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 16, 2009 Filing 463 Exhibit List SEVENTH SUPPLEMENT TO PLAINTIFF CITY OF NEW YORK'S PHASE III TRIAL EXHIBIT LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
September 15, 2009 Filing 462 Exhibit List Eighth Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 15, 2009 Filing 461 Exhibit List SIXTH SUPPLEMENT TO PLAINTIFF CITY OF NEW YORKS PHASE III TRIAL EXHIBIT LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
September 14, 2009 Filing 460 Exhibit List Seventh Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 14, 2009 Filing 459 Exhibit List Sixth Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 13, 2009 Filing 458 Exhibit List FIFTH SUPPLEMENT TO PLAINTIFF CITY OF NEW YORK'S PHASE III TRIAL EXHIBIT LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
September 11, 2009 Filing 457 Exhibit List Fifth Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 9, 2009 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. [2820 in 00-cv-1898, 454 in 04-cv-3417] HAS BEEN REJECTED. Note to Attorney Marnie Riddle : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jar)
September 9, 2009 Opinion or Order Filing 456 STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST TOTAL PETROCHEMICALS USA, INC, with prejudice as set forth in the Plaintiffs' Fourth Amended Complaint, filed on 3/9/07. (Signed by Judge Shira A. Scheindlin on 9/8/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
September 9, 2009 Opinion or Order Filing 455 STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST DEFENDANT GPMI with prejudice. (Signed by Judge Shira A. Scheindlin on 9/8/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
September 9, 2009 Filing 454 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (LETTER) - MOTION to Strike Testimony of Dr. Sandra Mohr. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) Modified on 9/10/2009 (jar).
September 8, 2009 Filing 453 Exhibit List Fourth Supplement to Plaintiffs' Phase III Trial Exhibit List. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
September 3, 2009 Filing 452 Exhibit List Plaintiff City of New York's Third Supplemental Phase III Exhibit List. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
September 1, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Susan Amron to E-MAIL Document No. #451 Stipulation and Order Dismissing All Claims to judgments@nysd.uscourts.gov. This document is not filed via ECF. (jar)
September 1, 2009 Filing 451 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (Stipulation) - RESPONSE in Support re: #450 JOINT MOTION to Dismiss the Lyondell Defendants.. Document filed by The Water Board, Water Finance Agency, The City of New York. (Amron, Susan) Modified on 9/2/2009 (jar).
September 1, 2009 Filing 450 JOINT MOTION to Dismiss the Lyondell Defendants. Document filed by The Water Board, Water Finance Agency, The City of New York.(Amron, Susan)
September 1, 2009 Opinion or Order Filing 449 STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST TOTAL: Pursuant to Federal Rule of Civil Procedure 41 (a)(2), the Plaintiff~City of New York, New York City Municipal Water Finance Authority, and New York City Water Board andDefendant Total Petrochemicals USA, Inc. ("Total"), hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Total as set forth in the Plaintiffs' Fourth Amended Complaint, filed on March 9, 2007. The parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own attorneys' fees and costs. Plaintiffs reserve all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 9/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db)
September 1, 2009 Filing 448 Exhibit List Corrected Second Supplement to Defendant Exxon Mobil Corporation's Phase Three Trial Exhibit List. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
September 1, 2009 Filing 447 BRIEF Plaintiff City of New York's Request for Judicial Notice. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
September 1, 2009 Filing 446 Exhibit List Plainitff's Second Supplemental Phase III Exhibit List. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 30, 2009 Filing 445 Exhibit List Plaintiff City of New York's First Supplemental Phase Three Exhibit List. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
August 28, 2009 Filing 444 WITNESS LIST. Document filed by Exxon Mobil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
August 27, 2009 Opinion or Order Filing 443 ORDER. The Clerk of Court is directed to close motion #362 on the docket for No. 04 cv 3417. The motion was withdrawn as moot. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(djc)
August 26, 2009 Filing 441 NOTICE OF APPEARANCE by Leonard Z. Kaufmann on behalf of Barker Hamill (Kaufmann, Leonard)
August 25, 2009 Opinion or Order Filing 442 OPINION AND ORDER:#97958 Accordingly, I adhere to my prior decision: in instances where there were MTBE detections below the MCL prior to October 31, 2000, the City's damages claims are time-barred only if Exxon proves that, prior to October 31, 2000, the City was injured by the detected level of MTBE contamination and the City knew, or should have known, that an NITBE detection at that level was injurious. Insofar as the City seeks injunctive relief, the City's claims are timely for the reasons stated in the prior decision. For the foregoing reasons, Exxon's motion for summary judgment is denied. The Clerk of the Court is directed to close the motion (No. 04 Civ. 3417, document 342; No. 00 MDL 1898, document 2604).(2604 in 1:00-cv-01898-SAS-DCF, 342 in 1:04-cv-03417-SAS). MOTION for Summary Judgment of Plaintiff City of New York's Claims Related to Station 6 Based on the Statute of Limitations filed by Exxon Mobil Corporation. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db) Modified on 8/26/2009 (eef).
August 25, 2009 Filing 440 WITNESS LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
August 25, 2009 Opinion or Order Filing 439 ORDER: The Clerk of Court is directed to close the following motions on thedocket for No. 04 Civ. 3417: # 107, withdrawn. # 127, terminated as moot. # 133, terminated as moot. # 136, withdrawn. # 138, decided in open court on 7/29/09. # 140, decided in open court on 7/31/09. # 141, decided in open court on 7/22/09. # 145, decided in open court on 7/22/09. # 148, decided in open court on 7/29/09. # 152, withdrawn. # 154, dismissed as moot without prejudice, parties may refi1e. # 157, dismissed as moot without prejudice, parties may refi1e. # 160, decided in open court on 7/29/09. # 163, decided in open court on 7/22/09. # 169, decided in an opinion published on 7/6/09. # 172, decided in open court on 7/15/09. # 177, mooted by decision in #172. # 175, decided in open court on 7/29/09. # 178, decided in open court on 7/15/09. # 182, mooted by decision in #178. # 183, decided in open court on 7/29/09. # 185, decided in open court on 7/22/09. # 186, decided in open court on 7/29/09. # 189, mooted by decision in # 183. # 192, decided in open court on 7/29/09. # 194, decided in open court on 7/29/09. # 196, decided in open court on 7/22/09. # 198, mooted by decision in #196. # 211, decided in an opinion published on 7/21/09. # 348, decided in open court on 8/11/09. # 353, decided in open court on 8/11/09. # 416, decided in open court on 8/14/09. ORDER withdrawing (136) Motion in Limine; terminating (138) Motion in Limine; terminating (140) Motion in Limine; terminating (141) Motion in Limine; terminating (145) Motion in Limine; terminating (148) Motion in Limine; withdrawing (152) Motion in Limine; dismissing (154) Motion in Limine; dismissing (157) Motion in Limine; terminating (160) Motion in Limine; terminating (163) Motion in Limine; terminating (169) Motion in Limine; terminating (172) Motion in Limine; terminating (175) Motion in Limine; finding as moot (177) Motion ; terminating (178) Motion in Limine; finding as moot (182) Motion ; terminating (183) Motion in Limine; terminating (185) Motion in Limine; terminating (186) Motion in Limine; finding as moot (189) Motion in Limine; terminating (192) Motion in Limine; terminating (194) Motion in Limine; terminating (196) Motion in Limine; finding as moot (198) Motion ; terminating (211) Motion ; terminating (348) Motion ; terminating (353) Motion ; terminating (416) Motion ; withdrawing (107) Motion in Limine; terminating (127) Motion to Dismiss; terminating (133) Motion in Limine in case 1:04-cv-03417-SAS. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db)
August 25, 2009 Opinion or Order Filing 438 STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST DEFENDANT GETTY PROPERTIES CORP.: Pursuant to Federal Rule of Civil Procedure 4l(a)(2), Plaintiffs City of New York. New York City Municipal Finance Water Authority, and New York City Water Board and Defendant Getty Properties Corp. ("Getty Properties"), hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Getty Properties as set forth in thePlaintiffs Fourth Amended Complaint, filed on March 9, 2007. The parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own attorneys' fees and costs. Plaintiffs reserve all other rights all against all other defendants. (Signed by Judge Shira A. Scheindlin on 8/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db)
August 21, 2009 Opinion or Order Filing 437 ORDER that the following constitutes my rulings on the objections, other than relevance, to the exceprts of the deposition testimony of S. Berlin, D. Hayword, E. Mancini, J. Mixter, P. Naro, B. Price, B. Simonson, M.W. Sprigg, G. Stumpf and B. Thomas designated by the parties to be offered in this matter. All relevance objections will be resolved by Judge Scheindlin at trial....This Order constitutes my rulings on all objections asserted in response to the designated testimony, regardless of whether an objection is referenced in the explanations provided, and as further set forth in this document. (Signed by Magistrate Judge Henry B. Pitman on 8/20/09) Copies sent by chambersFiled In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
August 20, 2009 Filing 436 NOTICE of Joint Motion to Dismiss All Claims Against Getty Properties Corp. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
August 20, 2009 Opinion or Order Filing 435 ORDER The rulings on the parties' objections to the deposition excerpts that have been designated for use at trial- except as to relevance* - are set forth in this order. SO ORDERED (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/20/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jmi)
August 20, 2009 Opinion or Order Filing 434 ORDER The rulings on the parties' objections to the deposition excerpts that have been designated for use at trial- except as to relevance* - are set forth in this order. SO ORDERED (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/20/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jmi)
August 19, 2009 Opinion or Order Filing 433 ORDER, the Court having reviewed the objections to designated portions of the deposition of Timothy E. Buscheck dated 11/15/06, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial, and as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
August 19, 2009 Filing 429 Exhibit List Second Supplement to Defendant Exxon Mobil Corporation's Phase Two Trial Exhibit List. Document filed by Exxon Mobil Corporation. (Attachments: #1 Attachment A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
August 19, 2009 Opinion or Order Filing 428 ORDER, the Court having reviewed the objections to designated portions of the deposition of Timothy E. Buscheck dated 9/11 and 11/9/00, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial, and as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
August 18, 2009 Opinion or Order Filing 427 ORDER, the Court having reviewed the objections to designated portions of the deposition of Duane Bordvick dated 5/12/00, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial, and as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/18/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers(cd)
August 18, 2009 Opinion or Order Filing 426 ORDER, the Court having reviewed the objections to designated portions of the deposition of Joseph T. Lee dated 10/24/07, the objections are determined as follows, except insofar as any relevance not explicitly ruled on are reserved for trial. (Signed by Magistrate Judge James C. Francis on 8/18/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
August 18, 2009 Opinion or Order Filing 425 ORDER, the Court having reviewed the objections to designated portions of the deposition of Duane Bordvick dated 11/5/01, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial, and as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/18/09) Copies sent by chambersFiled In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
August 14, 2009 Opinion or Order Filing 424 ORDER, the Court having reviewed the objections to designated portions of the depositions of Eugene Capaldi dated 9/19/00, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial: as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
August 14, 2009 Opinion or Order Filing 423 ORDER, the Court having reviewed the objections to designated portions of the depositions of Bill Broddle dated 3/21/07, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial: as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
August 14, 2009 Opinion or Order Filing 422 ORDER the Court having reviewed the objections to designated portions of the deposition of Michael Roman dated 3/28/07, the objections are determined as follows, except insofar as any relevance objections not explicitly ruled on are reserved for trial, as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
August 13, 2009 Filing 421 DECLARATION of Nicholas G. Campins in Support re: (2732 in 1:00-cv-01898-SAS-DCF, 416 in 1:04-cv-03417-SAS) MOTION for Leave to Designate Substitute Expert Witness.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 13, 2009 Filing 420 DECLARATION of Kenneth M. Rudo in Support re: (2732 in 1:00-cv-01898-SAS-DCF, 416 in 1:04-cv-03417-SAS) MOTION for Leave to Designate Substitute Expert Witness.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 13, 2009 Filing 419 DECLARATION of Susan E. Amron in Support re: (2732 in 1:00-cv-01898-SAS-DCF, 416 in 1:04-cv-03417-SAS) MOTION for Leave to Designate Substitute Expert Witness.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 13, 2009 Filing 418 DECLARATION of Robert S. Chapman in Support re: (2732 in 1:00-cv-01898-SAS-DCF, 416 in 1:04-cv-03417-SAS) MOTION for Leave to Designate Substitute Expert Witness.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 13, 2009 Filing 417 MEMORANDUM OF LAW in Support re: (2732 in 1:00-cv-01898-SAS-DCF, 416 in 1:04-cv-03417-SAS) MOTION for Leave to Designate Substitute Expert Witness.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 13, 2009 Filing 416 MOTION for Leave to Designate Substitute Expert Witness. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 13, 2009 Filing 415 RESPONSE in Support re: #414 JOINT MOTION to Dismiss Claims against Total Petrochemicals. Stipulation and Proposed Order. Document filed by The Water Board, Water Finance Agency, The City of New York. (Amron, Susan)
August 13, 2009 Filing 414 JOINT MOTION to Dismiss Claims against Total Petrochemicals. Document filed by The Water Board, Water Finance Agency, The City of New York.(Amron, Susan)
August 13, 2009 Filing 413 Exhibit List Third Supplement to Plaintiffs' Amended Phase II Trial Exhibit List. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
August 12, 2009 Filing 411 Exhibit List SECOND SUPPLEMENT TO PLAINTIFFS AMENDED PHASE II TRIAL EXHIBIT LIST. Document filed by The City of New York. (Attachments: #1 Attachment A)(Campins, Nicholas)
August 12, 2009 Filing 410 Exhibit List FIRST SUPPLEMENT TO PLAINTIFFS AMENDED PHASE II TRIAL EXHIBIT LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
August 12, 2009 Filing 409 REPLY MEMORANDUM OF LAW in Support re: (2604 in 1:00-cv-01898-SAS-DCF, 342 in 1:04-cv-03417-SAS) MOTION for Summary Judgment of Plaintiff City of New York's Claims Related to Station 6 Based on the Statute of Limitations.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
August 11, 2009 Filing 408 Exhibit List First Supplement to Defendant Exxon Mobil Corporation's Phase Two Trial Exhibit List. Document filed by Exxon Mobil Corporation. (Attachments: #1 Attachment A, #2 Certificate of Service)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
August 10, 2009 Filing 412 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Lauren E. Handel dated 8/7/09 re: We respectfully request that the Court issue a ruling on Exxon Mobil's general hearsay objection to all of Plaintiff's designations of prior trial testimony. ENDORSEMENT: Application for Reconsideration granted and prior decision adhered to. The interests of the defendant in the current litigation and the defendant in the prior trial were sufficiently similar to warrant admission of the testimony under F.R. Evid. 804(b)(1). See Clay v. Johns - Manville Sales Corp., 722 F.2d 1289, 1295 (6th Cir. 1983); Santrayall v. Burrell, No. 91 civ. 3166, 1998 WL 60926, at *2-3 (S.D.N.Y. Jan. 21, 1998); Construction Technology, Inc. V. Cybermation, Inc., No. 91 civ. 7474, 1996 WL 376601 (S.D.N.Y. April 30, 1996). (Signed by Magistrate Judge James C. Francis on 8/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(rjm)
August 10, 2009 Filing 407 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Lauren Handel dated 8/7/09 re: Request that the Court issue a ruling on ExxonMobil's general hearsay objection to all of Plaintiff's designations of prior trial testimony. ENDORSEMENT: Application for reconsideration granted and prior decision adhered to. The interest of the defendant in the current litigation and the defendant in the prior trial were sufficiently similar to warrant admission of the testimony under F.R. Evid. 804(b)(1). (Signed by Magistrate Judge James C. Francis on 8/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
August 10, 2009 Filing 406 Exhibit List Plaintiff's Amended Phase Two Trial Exhibit List. Document filed by The City of New York. (Attachments: #1 Appendix AMENDED PHASE TWO TRIAL EXHIBIT LIST, #2 Appendix APPENDIX A, #3 Appendix APPENDIX C)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
August 7, 2009 Filing 405 STIPULATION REGARDING PLAINTIFF'S TRIAL SUBPOENAS SERVED ON MEENA NAINAN, THOMAS MILTON, NORMAN NOVICK, MICHAEL ROMAN, GARY STUMPF, AND HENRY THOMASSEN AND THE RELATED MOTION TO QUASH, Plaintiff hereby withdraws the Trial Subpoenas served on Meena Nainan, Thomas Milton, and Henry Thomassen and Gary Stumpf, Michael Roman and Norman Novick agree to voluntarily appear at the trial and the Motion to Quash is hereby withdrawn as moot... (Signed by Judge Shira A. Scheindlin on 8/7/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
August 6, 2009 Filing 404 Exhibit List Second Supplement to Phase II. Document filed by The Water Board, Water Finance Agency, The City of New York. (Attachments: #1 Appendix A)(Pejan, Ramin)
August 5, 2009 Filing 403 REPLY MEMORANDUM OF LAW in Support re: #353 MOTION Strike the Supplemental Report of Thomas Maguire and Exclude Certain Evidence and Arguments at Trial. (Corrected Version). Document filed by The Water Board, Water Finance Agency, The City of New York. (Greene, Daniel)
August 5, 2009 Filing 402 REPLY MEMORANDUM OF LAW in Support re: #353 MOTION Strike the Supplemental Report of Thomas Maguire and Exclude Certain Evidence and Arguments at Trial.. Document filed by The Water Board, Water Finance Agency, The City of New York. (Greene, Daniel)
August 5, 2009 Filing 401 DECLARATION of Daniel Greene in Support re: #353 MOTION Strike the Supplemental Report of Thomas Maguire and Exclude Certain Evidence and Arguments at Trial.. Document filed by The Water Board, Water Finance Agency, The City of New York. (Greene, Daniel)
August 5, 2009 Filing 400 PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 5, 2009 Filing 399 PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
August 5, 2009 Filing 398 DECLARATION of Lisa A. Gerson in Support re: (348 in 1:04-cv-03417-SAS, 2611 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
August 5, 2009 Filing 397 REPLY MEMORANDUM OF LAW in Support re: (348 in 1:04-cv-03417-SAS, 2611 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
August 5, 2009 Filing 396 BRIEF Objecting to Special Master's Ruling on Toxics Targeting Evidence. Document filed by The City of New York. (Attachments: #1 Exhibit Exhibit 1 -- Plaintiff's Exhibit List Excerpt, #2 Exhibit Exhibit 2 -- Defendants' Exhibit List Excerpt, #3 Exhibit Declaration of Jorgensen, #4 Exhibit Exhibit A to Jorgensen Declaration, #5 Exhibit Exhibit B to Jorgensen Declaration, #6 Exhibit Exhibit C to Jorgensen Declaration, #7 Exhibit Exhibit 4 -- XOM letter to Hedges, #8 Exhibit Exhibit 7 -- Record from NYSDEC Database, #9 Exhibit Exhibit 6 -- Data Comparison Table, #10 Exhibit Exhibit 5 -- Transcript of 7.23 Hearing)(Goad, Amanda)
August 4, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Erica Reed to E-MAIL Document No. #395 Stipulation Regarding Plaintiff's Trial Subpoenas to judgments@nysd.uscourts.gov. This document is not filed via ECF. (jar)
August 4, 2009 Filing 395 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (Stipulation) - NOTICE of Stipulation Regarding Plaintiff's Trial Subpoenas Served on Meena Nainan, Thomas Milton, Norman Novick, Michael Roman, Gary Stumpf and Henry Thomassen and the Related Motion to Quash. Document filed by Meena Nainan, Thomas M Milton, Norman J. Novick, Michael J. Roman, Gary Stumpf, Henry S. Thomassen. (Reed, Erica) Modified on 8/5/2009 (jar).
August 3, 2009 Opinion or Order Filing 394 ORDER: The Court having reviewed the objections to designated portions of the testimony of Curtis C. Stanley dated October 2 and 3, 2001, the objections are determined as further set forth in this Order, except insofar as any relevance objections not explicitly ruled on are reserved for trial. (Signed by Magistrate Judge James C. Francis on 8/3/09) Copies Mailed By Chambers. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
August 3, 2009 Opinion or Order Filing 393 ORDER: The Court issued an order dated 7/22/09, a copy of which is attached. That order erroneously refers to "designated portions of the deposition of Robert F. Staab." It is hereby deemed corrected to read: "designated portions of the deposition of Norman Novick". (Signed by Magistrate Judge James C. Francis on 8/3/09) Copies Mailed By Chambers. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
August 3, 2009 Opinion or Order Filing 392 ORDER the Court having reviewed the objections to designated portions of the deposition of Curtis C. Stanley dated 10/11/07, the objections are determined as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 8/3/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
July 31, 2009 Opinion or Order Filing 391 ORDER, the Court having reviewed the objections to designated portions of the deposition of Curtis C. Stanley, 2/8/00, 8/2/00, and 10/3/00, the objections are determined as further set forth in this document... (Signed by Magistrate Judge James C. Francis on 7/31/09) Copies sent by chambers. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
July 29, 2009 Filing 390 DECLARATION of Marnie E. Riddle in Opposition re: (2604 in 1:00-cv-01898-SAS-DCF, 342 in 1:04-cv-03417-SAS) MOTION for Summary Judgment of Plaintiff City of New York's Claims Related to Station 6 Based on the Statute of Limitations.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
July 29, 2009 Filing 389 RULE 56.1 STATEMENT. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
July 29, 2009 Filing 388 MEMORANDUM OF LAW in Opposition re: (2604 in 1:00-cv-01898-SAS-DCF, 342 in 1:04-cv-03417-SAS) MOTION for Summary Judgment of Plaintiff City of New York's Claims Related to Station 6 Based on the Statute of Limitations.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
July 29, 2009 Filing 387 DECLARATION of Lisa Gerson in Opposition re: (353 in 1:04-cv-03417-SAS) MOTION Strike the Supplemental Report of Thomas Maguire and Exclude Certain Evidence and Arguments at Trial.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
July 29, 2009 Filing 386 MEMORANDUM OF LAW in Opposition re: (353 in 1:04-cv-03417-SAS) MOTION Strike the Supplemental Report of Thomas Maguire and Exclude Certain Evidence and Arguments at Trial.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Gerson, Lisa)
July 28, 2009 Filing 385 MEMORANDUM OF LAW in Opposition re: #348 MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by The Water Board, Water Finance Agency, The City of New York. (Pejan, Ramin)
July 28, 2009 Filing 384 DECLARATION of Daniel Greene in Opposition re: #348 MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by The Water Board, Water Finance Agency, The City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit B-3, #5 Exhibit B-4, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O)(Pejan, Ramin)
July 28, 2009 Filing 383 DECLARATION of Marcel Moreau in Opposition re: #348 MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by The Water Board, Water Finance Agency, The City of New York. (Pejan, Ramin)
July 28, 2009 Filing 382 DECLARATION of David Terry in Opposition re: #348 MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by The Water Board, Water Finance Agency, The City of New York. (Pejan, Ramin)
July 27, 2009 Filing 381 NOTICE OF WITHDRAWAL OF COUNSEL that Khara Coleman is no longer associated with Kirkland & Ellis LLP and should be removed from the service list. Kirkland & Ellis LLP continues to serve as counsel for the BP Defendants... (Signed by Judge Shira A. Scheindlin on 7/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
July 27, 2009 Filing 380 Exhibit List First Supplement to Plaintiff's Phase II Trial Exhibit List. Document filed by The City of New York. (Attachments: #1 Attachment A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
July 27, 2009 Opinion or Order Filing 379 ORDER, the Court having reviewed the objections to designated portions of the deposition of Curtis C. Stanley, Volume 2, the objections are determined as follows, except insofar as any relevance, objections, not explicitly ruled on are reserved for trial, as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 7/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
July 26, 2009 Filing 377 WITNESS LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
July 24, 2009 Opinion or Order Filing 378 ORDER DISMISSING SETTLING DEFENDANTS UNDER RULE 41(a)(2) of the FRCP.....This action is hereby dismissed as to the Settling Defendants only, with prejudice as to the Released Claims under the Settlement Agreement and Release, and without prejudice as to all other claims, with each party to this Order bearing its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 7/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
July 24, 2009 Filing 376 Objection re: (373 in 1:04-cv-03417-SAS) Declaration in Support of Motion, PLAINTIFF CITY OF NEW YORKS OBJECTIONS TO THE LATE-FILED DECLARATIONS OF GARY STUMPF AND MICHAEL ROMAN. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 24, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Nicholas G. Campins to RE-FILE Document #375 Opposition Brief. Use the event type Objection(non-motion) found under the event list Other Answers. (KA)
July 23, 2009 Filing 375 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF re: (373 in 1:04-cv-03417-SAS) Declaration in Support of Motion, (PLAINTIFF CITY OF NEW YORKS OBJECTIONS TO THE LATE-FILED DECLARATIONS OF GARY STUMPF AND MICHAEL ROMAN). Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas) Modified on 7/24/2009 (KA).
July 22, 2009 Opinion or Order Filing 374 ORDER: The Court having reviewed the objections to designated portions of the deposition of Curtis C. Stanley, Volume 1, the objections are determined as further set forth in (tabs 1-22) said Order. (Signed by Magistrate Judge James C. Francis on 7/22/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies Mailed by Chambers.(db)
July 22, 2009 Filing 373 DECLARATION of Meena Nainan, Thomas Milton, Norman Novick, Michael Roman, Gary Stumpf and Henry Thomassen in Support re: #356 MOTION to Quash Trial Subpoenas Issued to Moving Parties.. Document filed by Meena Nainan, Thomas M Milton, Norman J. Novick, Michael J. Roman, Gary Stumpf, Henry S. Thomassen. (Attachments: #1 Exhibit A, #2 Exhibit B)(Reed, Erica)
July 21, 2009 Filing 372 DECLARATION of Susan E. Amron in Support re: #371 MOTION to Dismiss Settling Defendants.. Document filed by The Water Board, Water Finance Agency, The City of New York. (Amron, Susan)
July 21, 2009 Filing 371 MOTION to Dismiss Settling Defendants. Document filed by The Water Board, Water Finance Agency, The City of New York.(Amron, Susan)
July 21, 2009 Opinion or Order Filing 370 ORDER that constitutes my rulings on all objections asserted in response to the designated testimony as further set forth herein. (Signed by Magistrate Judge Henry B. Pitman on 7/21/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(dle)
July 21, 2009 Opinion or Order Filing 369 MEMORANDUM OPINION AND ORDER NO. - - - - -. For the reasons set forth above, Exxon's motion is denied. The Clerk of the Court is directed to close this motion (No. 00 civ. 1898, Docket # 2424, No. 04 Civ. 3417, Docket # 200)... and as further set forth. (Signed by Judge Shira A. Scheindlin on 7/20/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(rjm)
July 21, 2009 Opinion or Order Filing 368 MEMORANDUM OPINION AND ORDER NO. - - - - -. The Clerk of the Court is directed to close these motions (No. 04 Civ. 3417, documents 104, 166, and 179; No. 00civ1898, documents 2392 and 2405)... and as further set forth. (Signed by Judge Shira A. Scheindlin on 7/21/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(rjm)
July 20, 2009 Opinion or Order Filing 432 ORDER that the rulings on the parties' objections to the deposition excerpts that have been designated for use at trial - except as to relevance* - are set forth herein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/20/09) (dle)
July 20, 2009 Opinion or Order Filing 431 ORDER that the rulings on the parties' objections to the deposition excerpts that have been designated for use at trial-except as to relevance*-are set forth herein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/20/09) (dle)
July 20, 2009 Opinion or Order Filing 430 ORDER that the rulings on the parties' objections to the deposition excerpts that have been designated for use at trial are set forth herein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/20/09) (dle)
July 20, 2009 Filing 367 Objection re: (358 in 1:04-cv-03417-SAS) Affirmation in Support of Motion,, Objections to the Declarations of Meena Nainan, Thomas Milton, and Henry Thomassen. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 20, 2009 Filing 366 DECLARATION of Nicholas G. Campins in Opposition re: (356 in 1:04-cv-03417-SAS) MOTION to Quash Trial Subpoenas Issued to Moving Parties.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 20, 2009 Filing 365 MEMORANDUM OF LAW in Opposition re: (356 in 1:04-cv-03417-SAS) MOTION to Quash Trial Subpoenas Issued to Moving Parties.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 20, 2009 Filing 364 DECLARATION of Nicholas G. Campins in Support re: (2625 in 1:00-cv-01898-SAS-DCF, 362 in 1:04-cv-03417-SAS) MOTION to Strike Document No. (358).. Document filed by The City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 20, 2009 Filing 363 MEMORANDUM OF LAW in Support re: (2625 in 1:00-cv-01898-SAS-DCF, 362 in 1:04-cv-03417-SAS) MOTION to Strike Document No. (358).. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 20, 2009 Filing 362 MOTION to Strike Document No. (358). Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 17, 2009 Filing 361 OPPOSITION BRIEF Plaintiff City of New York's Objections to ExxonMobil's Witness List for Phase III. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
July 17, 2009 Filing 360 OPPOSITION BRIEF Objections to Defendant's Exhibit List for Phase III. Document filed by The City of New York. (Attachments: #1 ATTACHMENT A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
July 17, 2009 Opinion or Order Filing 359 ORDER. The Court having reviewed the objections to designated portions of the deposition of Robert P. Staab, the objections are determined as set forth herein. (Signed by Magistrate Judge James C. Francis on 7/17/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS copies mailed by Chambers.(djc)
July 16, 2009 Filing 358 AFFIRMATION of Linda L. Addison in Support re: #356 MOTION to Quash Trial Subpoenas Issued to Moving Parties.. Document filed by Meena Nainan, Thomas M Milton, Norman J. Novick, Michael J. Roman, Gary Stumpf, Henry S. Thomassen. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2A, #4 Exhibit 2B, #5 Exhibit 3, #6 Exhibit 3A, #7 Exhibit 3B, #8 Exhibit 3C, #9 Exhibit 4, #10 Exhibit 4A, #11 Exhibit 4B, #12 Exhibit 5, #13 Exhibit 5A, #14 Exhibit 5B, #15 Exhibit 5C, #16 Exhibit 6, #17 Exhibit 6A, #18 Exhibit 6B, #19 Exhibit 7, #20 Exhibit 7A, #21 Exhibit 8)(Reed, Erica)
July 16, 2009 Filing 357 MEMORANDUM OF LAW in Support re: #356 MOTION to Quash Trial Subpoenas Issued to Moving Parties.. Document filed by Meena Nainan, Thomas M Milton, Norman J. Novick, Michael J. Roman, Gary Stumpf, Henry S. Thomassen. (Reed, Erica)
July 16, 2009 Filing 356 MOTION to Quash Trial Subpoenas Issued to Moving Parties. Document filed by Meena Nainan, Thomas M Milton, Norman J. Novick, Michael J. Roman, Gary Stumpf, Henry S. Thomassen. (Attachments: #1 Affirmation of Service)(Reed, Erica)
July 15, 2009 Filing 355 DECLARATION of Daniel Greene in Support re: #353 MOTION Strike the Supplemental Report of Thomas Maguire and Exclude Certain Evidence and Arguments at Trial.. Document filed by The City of New York. (Greene, Daniel)
July 15, 2009 Filing 354 MEMORANDUM OF LAW in Support re: #353 MOTION Strike the Supplemental Report of Thomas Maguire and Exclude Certain Evidence and Arguments at Trial.. Document filed by The City of New York. (Greene, Daniel)
July 15, 2009 Filing 353 MOTION Strike the Supplemental Report of Thomas Maguire and Exclude Certain Evidence and Arguments at Trial. Document filed by The City of New York.(Greene, Daniel)
July 14, 2009 Opinion or Order Filing 352 OPINION & ORDER, the City's motion in limine (following the 6/9/09 Opinion) is granted in part and denied in part. Exxon's liability is several on those claims brought under the commingled product theory. The burden of production and persuasion concerning apportionment rests on Exxon, which must establish a reasonable basis for such apportionment. (Signed by Judge Shira A. Scheindlin on 7/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
July 14, 2009 Filing 351 DECLARATION of Lisa Gerson [Revised] in Support re: (348 in 1:04-cv-03417-SAS, 2611 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
July 14, 2009 Filing 350 MEMORANDUM OF LAW in Support re: (348 in 1:04-cv-03417-SAS, 2611 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Memorandum - Part 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
July 14, 2009 Filing 349 FILING ERROR - DEFICIENT DOCKET ENTRY (See document #351) - DECLARATION of Lisa Gerson in Support re: (348 in 1:04-cv-03417-SAS, 2611 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Opinions of Plaintiff's Expert David Terry.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren) Modified on 7/15/2009 (jar).
July 14, 2009 Filing 348 MOTION to Exclude Opinions of Plaintiff's Expert David Terry. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
July 10, 2009 Opinion or Order Filing 347 ORDER....Therefore, the parties have requested-and consented to the appointment of a special discovery master. Accordingly, I am appointing, pursuant to FRCP 53(a)(1)(A) and (a)(1)(C) (as amended effective 12/1/03), after giving the parties notice and an opportunity to be heard (including the opportunity to recommend candidates), Ronald J. Hedges, Esq to serve as Special Master, until further order of this Court...The Special master's appointment is therefore effective immediately. The Special Master is directed "to proceed with all reasonable diligence" in the performance of his duties, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 7/8/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
July 10, 2009 Opinion or Order Filing 346 ORDER that the Court having reviewed the objections to designated portions of the deposition of Frederick M. Anderson, the objections are determined as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 7/9/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies sent by chambers.(cd)
July 8, 2009 Filing 345 MEMORANDUM OF LAW in Support re: (342 in 1:04-cv-03417-SAS) MOTION for Summary Judgment.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Kalnins Temple, Jennifer)
July 8, 2009 Filing 344 RULE 56.1 STATEMENT. Document filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Kalnins Temple, Jennifer)
July 8, 2009 Filing 343 DECLARATION of James A. Pardo in Support re: (342 in 1:04-cv-03417-SAS) MOTION for Summary Judgment.. Document filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part A, #4 Exhibit 3 Part B)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Kalnins Temple, Jennifer)
July 8, 2009 Filing 342 MOTION for Summary Judgment of Plaintiff City of New York's Claims Related to Station 6 Based on the Statute of Limitations. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Kalnins Temple, Jennifer)
July 6, 2009 Opinion or Order Filing 341 OPINION AND ORDER that for the foregoing reasons, Exxon's motion in limine is granted in part to the extent that the City may not attribute the past design costs to MTBE contamination and may not present evidence of future design costs in Phase I and denied in all other respects. The Clerk of the Court is directed to close this motion (No. 04-3417, document 95; No. 00 MDL 1898, document 2306). (Signed by Judge Shira A. Scheindlin on 7/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
July 6, 2009 Opinion or Order Filing 340 OPINION AND ORDER that for the reasons previously stated, the City must produce the documents designated above to Exxon in unredacted form. Should the City wish to continue to assert the deliberative process privilege over any documents in this case, it must assert the privilege properly within 3 business days of the entry of this Opinion and Order. (Signed by Judge Shira A. Scheindlin on 7/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
July 6, 2009 Filing 339 OPPOSITION BRIEF Plaintiff City of New York's Opposition to Defendant's Pretrial Memorandum for Phase III. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
July 6, 2009 Filing 338 OPPOSITION BRIEF Plaintiff City of New York's Objections to Defendant Exxon Mobil Corporation's Proposed Phase III Jury Instructions. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
July 6, 2009 Opinion or Order Filing 337 ORDER....The trial begins in less than three weeks. The Water Board and the Water Finance Agency are therefore ordered to join this action as party plaintiffs. The Clerk of the Court is ordered to amend the caption. Council for the City has represented that it will also represent these additional plaintiffs who will be referred to collectively as "the City." (Signed by Judge Shira A. Scheindlin on 7/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
July 2, 2009 Opinion or Order Filing 336 STIPULATI0N AND ORDER DISMISSING ALL CLAIMS AGAINST CROWN: Pursuant to Federal Rule of Civil Procedure 41(a)(2), the Plaintiff City of New York and Defendant Crown Central LLC, successor by merger to Crown Central Petroleum Corporation, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Crown as set forth in the Plaintiffs Fourth Amended Complaint, filed on March 9, 2007. The parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own attorneys' fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 7/2/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db)
July 2, 2009 Filing 335 WITNESS LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
July 1, 2009 Opinion or Order Filing 334 STIPULATION AND ORDER OF DISMISSAL ALL CLAIMS AGAINST CROWN: Crown is voluntarily dismissed with prejudice with prejudice of all claims against Crown as set forth in the Plaintiff's Fourth Amended Complaint filed on 3/9/07. (Signed by Judge Shira A. Scheindlin on 6/30/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
June 30, 2009 Opinion or Order Filing 333 MEMORANDUM OPINION AND ORDER: For the reasons previously stated, the City must produce the documents designated above to Exxon in unredacted form. (Signed by Judge Shira A. Scheindlin on 6/30/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
June 30, 2009 Filing 332 NOTICE of Joint Motion to Dismiss All Claims Against Crown Central LLC. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
June 29, 2009 Filing 331 OPPOSITION BRIEF Objections to Defendant's Exhibit List for Phase II. Document filed by The City of New York. (Attachments: #1 Objections to Exhibit List Attachment)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
June 29, 2009 Filing 330 OPPOSITION BRIEF Objections to Defendant's Witness List for Phase II. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 26, 2009 Filing 329 REQUEST TO CHARGE. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 26, 2009 Filing 328 Exhibit List PLAINTIFF CITY OF NEW YORKS PHASE III TRIAL EXHIBIT LIST (EXHIBIT 3 OF THE PROPOSED PRETRIAL ORDER). Document filed by The City of New York. (Attachments: #1 Attachment)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
June 26, 2009 Filing 327 TRIAL MEMORANDUM. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 26, 2009 Filing 326 WITNESS LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 26, 2009 Filing 325 PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 24, 2009 Opinion or Order Filing 324 ORDER, that for the foregoing reasons, the City may serve a subpoena on an individual who is more than 100 miles outside the State of NY if, but only if, the individual is a corporate director or a 30(b)(6) witness of defendant ExxonMobil. (Signed by Judge Shira A. Scheindlin on 6/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
June 22, 2009 Filing 323 OPPOSITION BRIEF Objections to Defendant's Trial Exhibit List for Phase I. Document filed by The City of New York. (Attachments: #1 Attachment A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 22, 2009 Filing 322 OPPOSITION BRIEF Objections to Defendant's Jury Questionnaire. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
June 22, 2009 Filing 321 OPPOSITION BRIEF Opposition to Defendant's Trial Memorandum for Phase II. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 22, 2009 Filing 320 OPPOSITION BRIEF Objections to Defendant's Witness List for Phase I. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 22, 2009 Filing 319 OPPOSITION BRIEF Objections to Defendant Exxon Mobil Corporation's Proposed Phase II Verdict Form. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 22, 2009 Filing 318 OPPOSITION BRIEF Objections to Defendant Exxon Mobil Corporation's Proposed Phase II Jury Instructions. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 17, 2009 Opinion or Order Filing 317 ORDER TO PERMIT INTERNET CONNECTION IN COURTROOM, having consulted with and obtained direction from the Court's Technology Officer, Defendant ExxonMobil Corporation shall be permitted, through its consultants, to run and install internet lines to the courtroom for use during the above-captioned trial. (Signed by Judge Shira A. Scheindlin on 6/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
June 16, 2009 Filing 316 OPPOSITION BRIEF CORRECTED Objections to Defendant Exxon Mobil Coporation's Proposed Phase I Verdict Form. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 15, 2009 Filing 315 Exhibit List Phase II Trial Exhibit List. Document filed by The City of New York. (Attachments: #1 Exhibit Trial Exhibit List for Phase II, #2 Appendix A, #3 Appendix B, #4 Appendix C)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
June 15, 2009 Filing 314 WITNESS LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 15, 2009 Filing 313 OPPOSITION BRIEF to Defendants' Trial Memorandum for Phase One. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 15, 2009 Filing 312 PROPOSED VOIR DIRE QUESTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sher, Victor)
June 15, 2009 Filing 311 OPPOSITION BRIEF Objections to Defendant Exxon Mobil Corporation's Proposed Phase I Verdict Form. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 15, 2009 Filing 310 OPPOSITION BRIEF Objections to Exxon Mobil Corporation's Proposed Phase I Jury Instructions. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 15, 2009 Filing 309 REQUEST TO CHARGE. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 15, 2009 Filing 308 PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 12, 2009 Opinion or Order Filing 307 ORDER: (1) Hard copies of the complete deposition transcripts at issue, with the requisite color coding, shall be provided to the Court, unless the partiesagree that the ruling may be made on some smaller portion of the transcript, in which case such smaller portion may be provided. Each page where an objectionis made shall be marked With a tab. (2) To the extent necessary for an informedruling, the party making the objection shall include all factual contentions and legal arguments that support that objection, with appropriate citation to the record and/or authorities. (3) The party opposing the objection mustsimilarly include any factual contentions and legal arguments that support its response to the objection, with appropriate citation to the record and/orauthorities. (4) If the parties' contentions cannot be included on the actual page of the deposition at issue, they may be attached to the particular page of the transcript where the objection is made. To the extent the objection relates to a deposition exhibit (for example, objections relating to "authenticity"), the exhibit shall be attached as well. (Signed by Magistrate Judge Henry B. Pitman on 6/12/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS Copies Mailed by Chambers.(db)
June 11, 2009 Filing 306 DECLARATION of Daniel Greene in Support re: #211 MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll.. Document filed by The City of New York. (Greene, Daniel)
June 11, 2009 Filing 305 REPLY MEMORANDUM OF LAW in Support re: #211 MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll.. Document filed by The City of New York. (Greene, Daniel)
June 9, 2009 Opinion or Order Filing 304 OPINION AND ORDER, that for the foregoing reasons, defendants' motion in limine is granted in part and denied in part. If the City relies on market share liability to prove causation for a particular well, it is precluded from arguing that punitive damages are available for that well, it is further precluded from presenting evidence that is relevant solely to punitive damages as to that well. If the City relies on the commingled product theory to establish liability, it is not precluded from arguing that punitive damages are available, or from presenting evidence of punitive damages, for that well. The Clerk of the Court is directed to close this motion (document #95(90) in 04-3417; document #2306 in 00-1898. re: (2306 in 1:00-cv-01898-SAS-DCF, 90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories, filed by Exxon Mobil Corporation. (Signed by Judge Shira A. Scheindlin on 6/9/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
June 8, 2009 Filing 303 Exhibit List for Phase I - Case in Chief (Exhibit 3 to the Proposed Pretrial Order). Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
June 8, 2009 Filing 302 WITNESS LIST. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
June 8, 2009 Filing 301 TRIAL MEMORANDUM. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 8, 2009 Filing 300 REQUEST TO CHARGE. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 8, 2009 Filing 299 PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 5, 2009 Filing 298 DECLARATION of Michael J. Dillon in Support re: (200 in 1:04-cv-03417-SAS, 2424 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 5, 2009 Filing 297 REPLY MEMORANDUM OF LAW in Support re: (200 in 1:04-cv-03417-SAS, 2424 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 4, 2009 Opinion or Order Filing 296 ORDER, plaintiff City of New York seeks to change venue form the Eastern District to the Southern District of New York. Pursuant to 28 U.S.C. 1404(a). Defendants do not oppose this request. Having considered all matters deemed pertinent by the Court, the court finds that for the convenience of the parties and witnesses, in the interest of justice, and because this matter could have been commenced in the Southern District, It is hereby Ordered, that the venue is transferred from the Eastern District to the Southern District. re: #257 FIRST MOTION to Change Venue.filed by The City of New York (mbe) (mbe).
June 4, 2009 Filing 295 DECLARATION of Stephen J. Riccardulli in Opposition re: (211 in 1:04-cv-03417-SAS) MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 4, 2009 Filing 294 DECLARATION of Fletcher G. Driscoll in Opposition re: (211 in 1:04-cv-03417-SAS) MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 4, 2009 Filing 293 MEMORANDUM OF LAW in Opposition re: (211 in 1:04-cv-03417-SAS) MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 2009 Filing 292 REPLY MEMORANDUM OF LAW in Support re: (141 in 1:04-cv-03417-SAS, 2367 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Defendant's Reply in Further Support of Defendants' Joint Motion in Limine to Preclude Plaintiff from Introducing Evidence or Argument: (1) Relating to Non-Parties Against Defendants; or (2) Relating Only to One Defendant Against Multiple Defendants. Document filed by Exxon Mobil Corporation. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 2009 Filing 291 REPLY MEMORANDUM OF LAW in Support re: (2383 in 1:00-cv-01898-SAS-DCF, 157 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence of Future Injury or Damage to Wells 5, 22, 26, 39 and 45.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 2009 Filing 290 REPLY MEMORANDUM OF LAW in Support re: (154 in 1:04-cv-03417-SAS, 2380 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Defendant's Reply in Further Support of its Motion in Limine to Exclude Evidence of Past Costs or Injury Associated with Plaintiff's Wells 5, 22, 26, 39 and 45. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 2009 Filing 289 REPLY MEMORANDUM OF LAW in Support re: (2374 in 1:00-cv-01898-SAS-DCF, 148 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 2009 Filing 288 REPLY MEMORANDUM OF LAW in Support re: (138 in 1:04-cv-03417-SAS, 2364 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Defendant's Reply Memorandum of Law in Further Support of Its Motion in Limine to Exclude Evidence of Protected Lobbying Conduct. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 2009 Filing 287 DECLARATION of Jennifer Kalnins Temple in Support re: (2386 in 1:00-cv-01898-SAS-DCF, 160 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 2009 Filing 286 REPLY MEMORANDUM OF LAW in Support re: (2386 in 1:00-cv-01898-SAS-DCF, 160 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 2009 Filing 285 REPLY MEMORANDUM OF LAW in Support re: (140 in 1:04-cv-03417-SAS, 2366 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. ExxonMobil's Reply Memorandum of Law in Support of Defendants' Motion in Limine to Exclude Evidence and Argument Regarding Alleged Potential Human Health Effects Associated with MTBE. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 2009 Filing 284 DECLARATION of Jennifer Kalnins Temple in Support re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 2009 Filing 283 REPLY MEMORANDUM OF LAW in Support re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 2009 Filing 282 DECLARATION of Stephen J. Riccardulli in Support re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 3, 2009 Filing 281 REPLY MEMORANDUM OF LAW in Support re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. ExxonMobil's Reply Memorandum of Law in Support of Defendants' Motion in Limine to Exclude Evidence and Argument Regarding Other MTBE Litigation. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 2, 2009 Filing 280 REPLY MEMORANDUM OF LAW in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS. CORRECTED. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 2, 2009 Filing 279 REPLY MEMORANDUM OF LAW in Support re: (192 in 1:04-cv-03417-SAS, 2416 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 7 TO EXCLUDE EVIDENCE OF THE RELATIVE TOXICITY OF OTHER CONTAMINANTS AS COMPARED TO MTBE. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
June 2, 2009 Filing 278 REPLY MEMORANDUM OF LAW in Support re: (2401 in 1:00-cv-01898-SAS-DCF) MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 2, 2009 Filing 277 DECLARATION of Lesley E. Williams in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by The City of New York. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 2, 2009 Filing 276 REPLY MEMORANDUM OF LAW in Support re: (194 in 1:04-cv-03417-SAS, 2418 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THE LIABILITY OF NON-DEFENDANT OWNERS/OPERATORS OF UNDERGROUND STORAGE TANKS. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
June 2, 2009 Filing 275 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 280) - REPLY MEMORANDUM OF LAW in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley) Modified on 6/8/2009 (gp).
June 2, 2009 Filing 274 REPLY MEMORANDUM OF LAW in Support re: (196 in 1:04-cv-03417-SAS, 2420 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 5 TO EXCLUDE EVIDENCE OR ARGUMENT THAT MTBE DOES NOT REQUIRE REMEDIATION AT LEVELS ABOVE THE MCL. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
June 2, 2009 Filing 273 REPLY MEMORANDUM OF LAW in Support re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 2 to Exclude Evidence or Argument That Federal Agencies Endorsed or Approved the Use of MTBE in Gasoline. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 2, 2009 Filing 272 REPLY MEMORANDUM OF LAW in Support re: (2411 in 1:00-cv-01898-SAS-DCF, 186 in 1:04-cv-03417-SAS) MOTION in Limine No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
June 2, 2009 Filing 271 REPLY MEMORANDUM OF LAW in Support re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 3 TO EXCLUDE EXPERT TESTIMONY CONSISTING OF LEGAL CONCLUSIONS, INTERPRETING THE LAW, OR REGARDING LEGISLATIVE OR AGENCY MOTIVE OR INTENT. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
June 2, 2009 Filing 270 DECLARATION of Lesley E. Williams in Support re: (172 in 1:04-cv-03417-SAS, 2398 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 2, 2009 Filing 269 REPLY MEMORANDUM OF LAW in Support re: (172 in 1:04-cv-03417-SAS, 2398 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 1 to Exclude Evidence or Argument That Federal or New York Law Ever Required MTBE in Gasoline Delivered to or Sold in the RGA. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
June 2, 2009 Filing 268 REPLY MEMORANDUM OF LAW in Support re: (166 in 1:04-cv-03417-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 2, 2009 Filing 267 REPLY MEMORANDUM OF LAW in Support re: (169 in 1:04-cv-03417-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
June 2, 2009 Filing 266 FIRST REPLY MEMORANDUM OF LAW in Support re: #183 TENTH MOTION in Limine To Exclude Evidence and Argument Relating to Prior Regulatory Enforcement Actions Against the City Concerning City-Owned USTs.. Document filed by The City of New York. (Amron, Susan)
May 28, 2009 Filing 265 REPLY MEMORANDUM OF LAW in Support re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 28, 2009 Filing 264 MEMORANDUM OF LAW in Opposition re: #200 MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by The City of New York. (Pejan, Ramin)
May 28, 2009 Filing 263 DECLARATION of Martin Tallet in Opposition re: #200 MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by The City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-E, #4 Errata F, #5 Exhibit G-K)(Pejan, Ramin)
May 28, 2009 Filing 262 MEMORANDUM OF LAW in Support re: #257 FIRST MOTION to Change Venue.. Document filed by The City of New York. (Pejan, Ramin)
May 28, 2009 Filing 261 DECLARATION of Susan Amron in Support re: #257 FIRST MOTION to Change Venue.. Document filed by The City of New York. (Pejan, Ramin)
May 28, 2009 Filing 260 SEALED DOCUMENT placed in vault.(jri)
May 27, 2009 ***Motion(s) terminated: #258 FIRST MOTION to Change Venue (Declaration of Susan E. Amron) filed by The City of New York. (jar)
May 27, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Susan Amron to RE-FILE Document #258 FIRST MOTION to Change Venue (Declaration of Susan E. Amron). Use the event type Declaration in Support found under the event list Replies, Oppositions, Supporting Documents. (jar)
May 27, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Susan Amron to RE-FILE Document #259 FIRST MOTION to Change Venue (Memorandum of Law). Use the event type Memorandum of Law in Support found under the event list Replies, Oppositions, Supporting Documents. (jar)
May 27, 2009 Filing 259 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law) - FIRST MOTION to Change Venue (Memorandum of Law). Document filed by The City of New York.(Amron, Susan) Modified on 5/28/2009 (jar).
May 27, 2009 Filing 258 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Declaration) - FIRST MOTION to Change Venue (Declaration of Susan E. Amron). Document filed by The City of New York.(Amron, Susan) Modified on 5/28/2009 (jar).
May 27, 2009 Filing 257 FIRST MOTION to Change Venue. Document filed by The City of New York.(Amron, Susan)
May 27, 2009 Filing 256 MEMORANDUM OF LAW in Opposition re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level. CORRECTED. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 26, 2009 Filing 255 DECLARATION of Joshua Stein in Opposition re: (2374 in 1:00-cv-01898-SAS-DCF, 148 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
May 26, 2009 Filing 254 DECLARATION of Marnie E. Riddle in Opposition re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 26, 2009 Filing 253 FILING ERROR - DEFICIENT DOCKET ENTRY (See document #256) - MEMORANDUM OF LAW in Opposition re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie) Modified on 5/28/2009 (jar).
May 26, 2009 Filing 252 MEMORANDUM OF LAW in Opposition re: (2374 in 1:00-cv-01898-SAS-DCF, 148 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)
May 26, 2009 Filing 251 DECLARATION of Marnie E. Riddle in Opposition re: (140 in 1:04-cv-03417-SAS, 2366 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 26, 2009 Filing 250 MEMORANDUM OF LAW in Opposition re: (140 in 1:04-cv-03417-SAS, 2366 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. to Exclude Evidence and Argument Regarding Alleged Potential Human Health Effects Associated with MTBE. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 26, 2009 Filing 249 MEMORANDUM OF LAW in Opposition re: #157 MOTION in Limine. to Exlude Evidence of Future Injury or Damage to Wells 5, 22, 26, 39, and 45. Document filed by The City of New York. (Greene, Daniel)
May 26, 2009 Filing 248 DECLARATION of Jennifer Kalnins Temple in Opposition re: (183 in 1:04-cv-03417-SAS) TENTH MOTION in Limine To Exclude Evidence and Argument Relating to Prior Regulatory Enforcement Actions Against the City Concerning City-Owned USTs.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 2009 Filing 247 DECLARATION of Daniel Greene in Opposition re: #157 MOTION in Limine.. Document filed by The City of New York. (Attachments: #1 Exhibit D through O)(Greene, Daniel)
May 26, 2009 Filing 246 MEMORANDUM OF LAW in Opposition re: (183 in 1:04-cv-03417-SAS) TENTH MOTION in Limine To Exclude Evidence and Argument Relating to Prior Regulatory Enforcement Actions Against the City Concerning City-Owned USTs.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 2009 Filing 245 MEMORANDUM OF LAW in Opposition re: #152 MOTION in Limine. to exclude evidence regarding MTBE contamination in non-focus wells. Document filed by The City of New York. (Pejan, Ramin)
May 26, 2009 Filing 244 DECLARATION of Daniel Greene in Opposition re: #152 MOTION in Limine.. Document filed by The City of New York. (Pejan, Ramin)
May 26, 2009 Filing 243 MEMORANDUM OF LAW in Opposition re: (2401 in 1:00-cv-01898-SAS-DCF) MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 2009 Filing 242 MEMORANDUM OF LAW in Opposition re: #154 MOTION in Limine. to exclude evidence of pasts costs or injury at wells 5, 22, 26, 39, and 45. Document filed by The City of New York. (Pejan, Ramin)
May 26, 2009 Filing 241 DECLARATION of Daniel Greene in Opposition re: #154 MOTION in Limine.. Document filed by The City of New York. (Pejan, Ramin)
May 26, 2009 Filing 240 DECLARATION of Jennifer Kalnins Temple in Opposition re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 2009 Filing 239 MEMORANDUM OF LAW in Opposition re: (141 in 1:04-cv-03417-SAS, 2367 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. to Preclude Plaintiff from Introducing Evidence or Argument: (1) Relating to Non-Parties Against Defendants; or (2) Relating Only to One Defendant Against Multiple Defendants. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 26, 2009 Filing 238 MEMORANDUM OF LAW in Opposition re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 2009 Filing 237 DECLARATION of Lesley E. Williams in Opposition re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 26, 2009 Filing 236 MEMORANDUM OF LAW in Opposition re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. to Exclude Evidence and Argument Regarding Other MTBE Litigation. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 26, 2009 Filing 235 MEMORANDUM OF LAW in Opposition re: (194 in 1:04-cv-03417-SAS, 2418 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THE LIABILITY OF NON-DEFENDANT OWNERS/OPERATORS OF UNDERGROUND STORAGE TANKS. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 2009 Filing 234 MEMORANDUM OF LAW in Opposition re: #107 MOTION in Limine. regarding application of the commingled product theory, consideration of fault of nonparties by jury, and proof of date of harm. Document filed by The City of New York. (Pejan, Ramin)
May 26, 2009 Filing 233 DECLARATION of Lesley E. Williams in Opposition re: (2359 in 1:00-cv-01898-SAS-DCF, 133 in 1:04-cv-03417-SAS) MOTION in Limine to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to Arco Chemical Company or Lyondell Chemical Company.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 26, 2009 Filing 232 DECLARATION of Lauren Handel in Opposition re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 2009 Filing 231 DECLARATION of Ramin Pejan in Opposition re: #107 MOTION in Limine.. Document filed by The City of New York. (Attachments: #1 Exhibit Exhibits A-C, #2 Exhibit D-F, #3 Exhibit G-J, #4 Exhibit K-L)(Pejan, Ramin)
May 26, 2009 Filing 230 MEMORANDUM OF LAW in Opposition re: #160 MOTION in Limine. to Exclude Evidence and Argument Regarding Damage Caused by TBA. Document filed by The City of New York. (Pejan, Ramin)
May 26, 2009 Filing 229 DECLARATION of Ramin Pejan in Opposition re: #160 MOTION in Limine.. Document filed by The City of New York. (Pejan, Ramin)
May 26, 2009 Filing 228 MEMORANDUM OF LAW in Opposition re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 3 TO EXCLUDE EXPERT TESTIMONY CONSISTING OF LEGAL CONCLUSIONS, INTERPRETING THE LAW, OR REGARDING LEGISLATIVE OR AGENCY MOTIVE OR INTENT. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 2009 Filing 227 MEMORANDUM OF LAW in Opposition re: (133 in 1:04-cv-03417-SAS) MOTION in Limine. to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to ARCO Chemical Company or Lyondell Chemical Company. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 26, 2009 Filing 226 DECLARATION of Lauren Handel in Opposition re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 2009 Filing 225 MEMORANDUM OF LAW in Opposition re: (138 in 1:04-cv-03417-SAS) MOTION in Limine. to Exclude Evidence of Protected Lobbying Conduct. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 26, 2009 Filing 224 MEMORANDUM OF LAW in Opposition re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 2 TO EXCLUDE EVIDENCE OR ARGUMENT THAT FEDERAL AGENCIES ENDORSED OR APPROVED THE USE OF MTBE IN GASOLINE. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 2009 Filing 223 MEMORANDUM OF LAW in Opposition re: (172 in 1:04-cv-03417-SAS, 2398 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 1 TO EXCLUDE EVIDENCE OR ARGUMENT THAT FEDERAL OR NEW YORK LAW EVER REQUIRED MTBE IN GASOLINE DELIVERED TO OR SOLD IN THE RGA. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 26, 2009 Filing 222 RESPONSE to Motion re: (136 in 1:04-cv-03417-SAS, 2362 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Declaration of Todd E. Robins in Support of Plaintiff City of New Yorks Conditional Non-Opposition to Defendants Joint Motion in Limine to Exclude Evidence of Customer Taste and Odor Complaints. Document filed by The City of New York. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 26, 2009 Filing 221 RESPONSE to Motion re: (136 in 1:04-cv-03417-SAS, 2362 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. Plaintiff City of New York's Conditional Non-Opposition to Defendants Joint Motion in Limine to Exclude Evidence of Customer Taste and Odor Complaints. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 26, 2009 Filing 220 DECLARATION of Nicholas G. Campins in Opposition re: (2395 in 1:00-cv-01898-SAS-DCF, 169 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Plaintiff's Past and Future Investigation and Treatment Costs Until It Proves Actual Injury.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 26, 2009 Filing 219 MEMORANDUM OF LAW in Opposition re: (169 in 1:04-cv-03417-SAS, 2395 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. to Exclude Evidence and Argument Regarding Plaintiff's Past and Future Investigation and Treatment Costs Until It Proves Actual Injury. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 26, 2009 Filing 218 MONTHLY MEMORANDUM OF LAW in Opposition re: #166 MOTION in Limine. re Testimony of K. Burns and M. Moreau. Document filed by The City of New York. (Attachments: #1 Affidavit Goad Declaration in Opposition to Motion in Limine to Exclude Testimony of Burns and Moreau, #2 Exhibit Exhibit A -- Burns Report, #3 Exhibit Exhibit B-Burns Deposition, #4 Exhibit Exhibit C -- Moreau Report, #5 Exhibit Exhibit E -- TSCA document from Biles file, #6 Exhibit Exhibit F -- tank document from Curran file, #7 Exhibit Exhibit G -- Mobil site remediation document, #8 Exhibit Exhibit H -- CMO 47, #9 Exhibit Exhibit I -- Moreau deposition, #10 Exhibit Exhibit D -- Moreau site-specific report, #11 Exhibit Exhibit J -- Hand Report, #12 Exhibit Exhibit K -- Tierney Report, #13 Exhibit Exhibit L -- Thornhill Report)(Goad, Amanda)
May 26, 2009 Filing 217 RESPONSE in Opposition re: #192 MOTION in Limine. No. 7. Document filed by Lyondell Chemical Company. (Attachments: #1 Declaration of Beth L. Haas, #2 Exhibit A to Beth L. Haas Declaration, #3 Exhibit B to Beth L. Haas Declaration, #4 Exhibit C to Beth L. Haas Declaration, #5 Exhibit D to Beth L. Haas Declaration, #6 Exhibit E to Beth L. Haas Declaration, #7 Errata F to Beth L. Haas Declaration, #8 Exhibit G to Beth L. Haas Declaration, #9 Exhibit H to Beth L. Haas Declaration, #10 Certificate of Service)(Moller, Jeffrey)
May 26, 2009 Filing 216 RESPONSE in Opposition re: #196 MOTION in Limine. No. 5. Document filed by Lyondell Chemical Company. (Attachments: #1 Certificate of Service)(Moller, Jeffrey)
May 26, 2009 Filing 215 RESPONSE in Opposition re: #186 MOTION in Limine. No. 4. Document filed by Lyondell Chemical Company. (Attachments: #1 Declaration of Beth L. Haas, #2 Exhibit A to Declaration of Beth L. Haas, #3 Exhibit B to Declaration of Beth L. Haas, #4 Exhibit C to Declaration of Beth L. Haas, #5 Exhibit D to Declaration of Beth L. Haas, #6 Certificate of Service)(Moller, Jeffrey)
May 15, 2009 Filing 214 CERTIFICATE OF SERVICE of Motion and Supporting Papers to Exclude Opinion and Testimony of Fletcher A. Driscoll served on Defendant Liason Counsel and Counsel of Record on May 15, 2009. Document filed by The City of New York. (Greene, Daniel)
May 15, 2009 Filing 213 DECLARATION of Daniel Greene in Support re: #211 MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll.. Document filed by The City of New York. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Greene, Daniel)
May 15, 2009 Filing 212 MEMORANDUM OF LAW in Support re: #211 MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll.. Document filed by The City of New York. (Greene, Daniel)
May 15, 2009 Filing 211 MOTION Exclude Testimony and Opinions of Fletcher G. Driscoll. Document filed by The City of New York.(Greene, Daniel)
May 15, 2009 Filing 210 NOTICE of ERRATA re: (2428 in 1:00-cv-01898-SAS-DCF, 205 in 1:04-cv-03417-SAS) Memorandum of Law in Opposition to Motion,. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 14, 2009 Filing 209 DECLARATION of STEVEN C. SCHINDLER in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 14, 2009 Filing 208 DECLARATION of ANDREW E. SCHULMAN, Ph.D. in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 14, 2009 Filing 207 DECLARATION of HARRY T. LAWLESS, Ph.D. in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 14, 2009 Filing 206 DECLARATION of TODD E. ROBINS in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 14, 2009 Filing 205 MEMORANDUM OF LAW in Opposition re: (104 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Robins, Todd)
May 14, 2009 Opinion or Order Filing 204 STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST GIANT DEFENDANTS: The Court enters this voluntary dismissal with prejudice of all claims against Giant as set forth in the Plaintiff's Fourth Amended Complaint, filed on March 9, 2007. The parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own attorneys' fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 5/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db)
May 14, 2009 Filing 203 DECLARATION of Susan E. Amron in Support re: #183 TENTH MOTION in Limine To Exclude Evidence and Argument Relating to Prior Regulatory Enforcement Actions Against the City Concerning City-Owned USTs.. Document filed by The City of New York. (Amron, Susan)
May 14, 2009 Filing 202 DECLARATION of Michael J. Dillon in Support re: (200 in 1:04-cv-03417-SAS, 2424 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B - Part 2, #4 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 14, 2009 Filing 201 MEMORANDUM OF LAW in Support re: (200 in 1:04-cv-03417-SAS, 2424 in 1:00-cv-01898-SAS-DCF) MOTION to Exclude Testimony and Opinion of Martin Tallett.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 14, 2009 Filing 200 MOTION to Exclude Testimony and Opinion of Martin Tallett. Document filed by Exxon Mobil Corporation. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 13, 2009 Filing 199 NOTICE of Joint Motion to Dismiss. Document filed by The City of New York. (Sher, Victor)
May 11, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Susan Amron to RE-FILE Document #189 TENTH MOTION in Limine Declaration of Susan E. Amron in Support of City Motion in Limine No. 10. Use the event type Declaration in Support found under the event list Replies, Oppositions, Supporting Documents. (jar)
May 11, 2009 Filing 198 MOTION Request for Judicial Notice re: (196 in 1:04-cv-03417-SAS, 2420 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 5 to Exclude Evidence or Argument that MTBE does not require Remediation at Levels above the MCL. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 2009 Filing 197 MEMORANDUM OF LAW in Support re: (196 in 1:04-cv-03417-SAS, 2420 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 5 to Exclude Evidence or Argument that MTBE does not require Remediation at Levels above the MCL. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 2009 Filing 196 MOTION in Limine No. 5 to Exclude Evidence or Argument that MTBE does not require Remediation at Levels above the MCL. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 2009 Filing 195 MEMORANDUM OF LAW in Support re: (194 in 1:04-cv-03417-SAS, 2418 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THE LIABILITY OF NON-DEFENDANT OWNERS/OPERATORS OF UNDERGROUND STORAGE TANKS. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 2009 Filing 194 MOTION in Limine NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THE LIABILITY OF NON-DEFENDANT OWNERS/OPERATORS OF UNDERGROUND STORAGE TANKS. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 2009 Filing 193 MEMORANDUM OF LAW in Support re: (192 in 1:04-cv-03417-SAS, 2416 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 7. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 2009 Filing 192 MOTION in Limine No. 7 to Exclude Evidence of Relative Toxicity of other Contaminants as Compared to MTBE. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 2009 Filing 191 DECLARATION of Nicholas G. Campins in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 2009 Filing 190 DECLARATION of Marnie E. Riddle in Support re: (2411 in 1:00-cv-01898-SAS-DCF, 186 in 1:04-cv-03417-SAS) MOTION in Limine No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 2009 Filing 189 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Declaration in Support) - TENTH MOTION in Limine Declaration of Susan E. Amron in Support of City Motion in Limine No. 10. Document filed by The City of New York. (Attachments: #1 Text of Proposed Order proposed order granting City motion in limine no. 10)(Amron, Susan) Modified on 5/14/2009 (jar).
May 11, 2009 Filing 188 MEMORANDUM OF LAW in Support re: (2411 in 1:00-cv-01898-SAS-DCF, 186 in 1:04-cv-03417-SAS) MOTION in Limine No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance. No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 2009 Filing 187 MEMORANDUM OF LAW in Support re: (2410 in 1:00-cv-01898-SAS-DCF, 185 in 1:04-cv-03417-SAS) MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 2009 Filing 186 MOTION in Limine No. 4 to Exclude Evidence and Argument Relating to the Risks, Toxicity or any Other Properties of any Non-MTBE Substance. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 2009 Filing 185 MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING TREATMENT COSTS ASSOCIATED WITH OTHER VOCS. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 2009 Filing 184 DECLARATION of Marnie E. Riddle in Support re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 2009 Filing 183 TENTH MOTION in Limine To Exclude Evidence and Argument Relating to Prior Regulatory Enforcement Actions Against the City Concerning City-Owned USTs. Document filed by The City of New York.(Amron, Susan)
May 11, 2009 Filing 182 MOTION Request for Judicial Notice re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 2009 Filing 181 MEMORANDUM OF LAW in Support re: (179 in 1:04-cv-03417-SAS, 2405 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. No. 3 to Exclude Expert Testimony Consisting of Legal Conclusions, Interpreting the Law, or Regarding Legislative or Agency Motive or Intent. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 2009 Filing 180 MEMORANDUM OF LAW in Support re: (178 in 1:04-cv-03417-SAS, 2404 in 1:00-cv-01898-SAS-DCF) MOTION in Limine. NO. 2. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 2009 Filing 179 MOTION in Limine No. 3 to Exclude Expert Testimony Consisting of Legal Conclusions, Interpreting the Law, or Regarding Legislative or Agency Motive or Intent. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
May 11, 2009 Filing 178 MOTION in Limine NO. 2 TO EXCLUDE EVIDENCE OR ARGUMENT THAT FEDERAL AGENCIES ENDORSED OR APPROVED THE USE OF MTBE IN GASOLINE. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 2009 Filing 177 MOTION Request for Judicial Notice re: (172 in 1:04-cv-03417-SAS, 2398 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 2009 Filing 176 MEMORANDUM OF LAW in Support re: (2401 in 1:00-cv-01898-SAS-DCF) MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions., (175 in 1:04-cv-03417-SAS) MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 11, 2009 Filing 175 MOTION in Limine No. 9 to Exclude Evidence of Settlements and Settlement Discussions. Document filed by The City of New York.(Williams, Lesley)
May 11, 2009 Filing 174 CERTIFICATE OF SERVICE. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 173 MEMORANDUM OF LAW in Support re: (172 in 1:04-cv-03417-SAS) MOTION in Limine. NO. 1. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 2009 Filing 172 MOTION in Limine NO. 1 TO EXCLUDE EVIDENCE OR ARGUMENT THAT FEDERAL OR NEW YORK LAW EVER REQUIRED MTBE IN GASOLINE DELIVERED TO OR SOLD IN THE RGA. Document filed by The City of New York.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
May 11, 2009 Filing 171 DECLARATION of Lauren Handel in Support re: (169 in 1:04-cv-03417-SAS, 2395 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 170 MEMORANDUM OF LAW in Support re: (169 in 1:04-cv-03417-SAS, 2395 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 169 JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Plaintiff's Past and Future Investigation and Treatment Costs Until It Proves Actual Injury. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 168 DECLARATION of Lauren Handel in Support re: (2392 in 1:00-cv-01898-SAS-DCF, 166 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Non-Expert Testimony of Kathleen Burns and Marcel Moreau.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 167 MEMORANDUM OF LAW in Support re: (2392 in 1:00-cv-01898-SAS-DCF, 166 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Non-Expert Testimony of Kathleen Burns and Marcel Moreau.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 166 JOINT MOTION in Limine to Exclude Non-Expert Testimony of Kathleen Burns and Marcel Moreau. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 165 DECLARATION of Jennifer Kalnins Temple in Support re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 164 MEMORANDUM OF LAW in Support re: (2389 in 1:00-cv-01898-SAS-DCF, 163 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 163 JOINT MOTION in Limine to Preclude Plaintiff from Offering Evidence or Argument Concerning Any Policy or Requirement to Treat MTBE Contamination to Any Level Other Than the New York State Maximum Contamination Level. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 162 DECLARATION of Jennifer Kalnins Temple in Support re: (2386 in 1:00-cv-01898-SAS-DCF, 160 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 161 MEMORANDUM OF LAW in Support re: (2386 in 1:00-cv-01898-SAS-DCF, 160 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 160 JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Damage Caused by TBA. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 159 DECLARATION of Jennifer Kalnins Temple in Support re: (2383 in 1:00-cv-01898-SAS-DCF, 157 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence of Future Injury or Damage to Wells 5, 22, 26, 39 and 45.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 158 MEMORANDUM OF LAW in Support re: (2383 in 1:00-cv-01898-SAS-DCF, 157 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence of Future Injury or Damage to Wells 5, 22, 26, 39 and 45.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 157 JOINT MOTION in Limine to Exclude Evidence of Future Injury or Damage to Wells 5, 22, 26, 39 and 45. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 156 DECLARATION of Jennifer Kalnins Temple in Support re: (154 in 1:04-cv-03417-SAS, 2380 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 155 MEMORANDUM OF LAW in Support re: (154 in 1:04-cv-03417-SAS, 2380 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 154 JOINT MOTION in Limine to Exclude Evidence of Past Costs or Injury Associated with Plaintiff's Wells 5, 22, 26, 39 and 45. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 153 MEMORANDUM OF LAW in Support re: (152 in 1:04-cv-03417-SAS, 2378 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 152 JOINT MOTION in Limine to Exclude Evidence Regarding MTBE Contamination in Non-Focus Wells. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 151 CERTIFICATE OF SERVICE. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 150 REPLY MEMORANDUM OF LAW in Support re: (90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 149 MEMORANDUM OF LAW in Support re: (2374 in 1:00-cv-01898-SAS-DCF, 148 in 1:04-cv-03417-SAS) JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 148 JOINT MOTION in Limine to Exclude Evidence Regarding Trade-Association Activities Until and Unless Plaintiffs Establish Predicate Facts. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 147 MEMORANDUM OF LAW in Support re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 146 DECLARATION of Inbal Paz in Support re: (145 in 1:04-cv-03417-SAS, 2371 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Lyondell Chemical Company, Mobile Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 2009 Filing 145 JOINT MOTION in Limine to Exclude Evidence and Argument Regarding Other MTBE Litigation. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 144 DECLARATION of Stephen J. Riccardulli in Support re: (141 in 1:04-cv-03417-SAS, 2367 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 143 MEMORANDUM OF LAW in Support re: (141 in 1:04-cv-03417-SAS) MOTION in Limine.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 142 MEMORANDUM OF LAW in Support re: (140 in 1:04-cv-03417-SAS, 2366 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Lyondell Chemical Company, Mobile Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 2009 Filing 141 JOINT MOTION in Limine to Preclude Plaintiff from Introducing Evidence or Argument: (1) Relating to Non-Parties Against Defendants; or (2) Relating Only to One Defendant Against Multiple Defendants. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
May 11, 2009 Filing 140 MOTION in Limine to Exclude Evidence and Argument Regarding Alledged Potential Human Health Effects Associated with MTBE. Document filed by Lyondell Chemical Company, Mobile Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 2009 Filing 139 MEMORANDUM OF LAW in Support re: (138 in 1:04-cv-03417-SAS, 2364 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Company. (Attachments: #1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 2009 Filing 138 JOINT MOTION in Limine to Exclude Evidence of Protected Lobbying Conduct. Document filed by Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Company. (Attachments: #1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 2009 Filing 137 MEMORANDUM OF LAW in Support re: (136 in 1:04-cv-03417-SAS, 2362 in 1:00-cv-01898-SAS-DCF) MOTION in Limine.. Document filed by Lyondell Chemical Company, Mobile Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Crown Central Petroleum Corporation, Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company, Crown Central LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 2009 Filing 136 JOINT MOTION in Limine to Exclude Evidence of Customer Taste and Odor Complaints. Document filed by Lyondell Chemical Company, Mobil Oil Corporation, Equistar Chemicals, LP, Total Petrochemicals USA, Inc., Crown Central Petroleum Corporation, Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Lyondell Chemical Company, Crown Central LLC, Mobil Oil Corporation. (Attachments: #1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 2009 Filing 135 MEMORANDUM OF LAW in Support re: (2359 in 1:00-cv-01898-SAS-DCF, 133 in 1:04-cv-03417-SAS) MOTION in Limine to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to Arco Chemical Company or Lyondell Chemical Company.. Document filed by Lyondell Chemical Company, Lyondell Chemical Company. (Attachments: #1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 2009 Filing 134 DECLARATION of Joseph T. Lee in Support re: (2359 in 1:00-cv-01898-SAS-DCF, 133 in 1:04-cv-03417-SAS) MOTION in Limine to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to Arco Chemical Company or Lyondell Chemical Company.. Document filed by Lyondell Chemical Company, Lyondell Chemical Company. (Attachments: #1 Certificate of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 11, 2009 Filing 133 MOTION in Limine to Exclude Any Argument or Evidence Attributing the Acts or Liability of Atlantic Richfield Company to Arco Chemical Company or Lyondell Chemical Company. Document filed by Lyondell Chemical Company, Lyondell Chemical Company. (Attachments: #1 Certification of Service via Lexis-Nexis File and Serve)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Paz, Inbal)
May 8, 2009 Opinion or Order Filing 132 ORDER TO ADMIT JOSHUA C. COHEN AS COUNSEL PRO HAC VICE: Joshua C. Cohen is admitted to practice before this Court pro hac vice on behalf of the City of New York upon the deposit of the required $25 fee to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 5/7/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
May 8, 2009 Filing 131 NOTICE OF APPEARANCE by Lesley Elizabeth Williams on behalf of The City of New York Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Williams, Lesley)
May 8, 2009 Opinion or Order Filing 130 CASE MANAGEMENT ORDER #53:All pretrial deadlines set forth in prior Case Management Orders for the City of New York case are hereby extended by thirty (30) days for all defendants except for the following companies and related entities that are also defendants in the City of New York case: ExxonMobil Corporation, Crown Central Petroleum Corporation, Total Petrochemicals USA Inc., and Lyondell Chemical Company. (Signed by Judge Shira A. Scheindlin on 5/7/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
April 30, 2009 Filing 129 DECLARATION of Marnie E. Riddle in Opposition re: (90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
April 30, 2009 Filing 128 MEMORANDUM OF LAW in Opposition re: (90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by The City of New York. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Riddle, Marnie)
April 30, 2009 Filing 127 MOTION to Dismiss Ultramar Ltd and Ultramar Energy Inc. Document filed by The City of New York.(Amron, Susan)
April 30, 2009 Filing 126 WITNESS LIST. Document filed by Shell Oil Company.(Condron, Peter)
April 30, 2009 Opinion or Order Filing 125 STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST MARATHON DEFENDANTS, pursuant to FRCP 41(a)(2) the plaintiff City of NY and Marathon Petroleum Company LLC, hereby request that the Court enter this voluntary dismissal with prejudice against Marathon as set forth in the Fourth Amended Complaint, filed on 3/7/09. The parties agree to the dismissal and further agree that such dismissal is with prejudice, with each party bearing its own attorneys' fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 4/29/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
April 30, 2009 Filing 124 Exhibit List of the Shell Defendants. Document filed by Shell Oil Company.(Condron, Peter)
April 29, 2009 Filing 123 WITNESS LIST. Document filed by The City of New York.(Sher, Victor)
April 29, 2009 Filing 122 Exhibit List. Document filed by The City of New York. (Attachments: #1 Exhibit Attachment A - Pages 1-599, #2 Exhibit Attachment A - Pages 600-1207)(Sher, Victor)
April 28, 2009 Filing 121 NOTICE OF APPEARANCE by Lauren Kathleen Podesta on behalf of ConocoPhillips Company, ConocoPhillips Company, Conoco Phillips Co., Conoco Phillips Co., ConocoPhillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, ConocoPhillips, Conocophillips, Co.,, ConocoPhillips Company, Conocophillips Company,, Conoco Phillips Company, ConocoPhilips Co, ConocoPhillips Company, ConocoPhillips Company, ConocoPhilips Company,, ConocoPhillips Company, ConocoPhillips Company, ConocoPhillips Company, ConocoPhillips Company, Conoco Phillips Company, ConocoPhillips Company, Conocophillips Company,, ConocoPhillips Company, Conocophillips Company,, Conoco Phillips Company(individually and as successor-in-interest to Conoco Inc. and Phillips PetroleumCompany, and d/b/a/Phillipss 66 Company, Conoco Phillips Company(individually and as successor-in-interest to Conoco Inc. and Phillips PetroleumCompany, and d/b/a/Phillipss 66 Company), Conoco Phillips Company, Conocophillips Company,, ConocoPhilips Company,, ConocoPhillips Co., Conoco Phillips Company, Conoco Phillips Co., Conocophillips Company,, Conocophillips Company,, ConocoPhillips Company, Conoco Phillips Co., Conoco Phillips Company,, ConocoPhilips Company,, Conocophillips Company,, ConocoPhillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillps Company, Conoco Phillips Company, ConocoPhilips Company, Conocophillips Corporation, ConocoPhillips Company, ConocoPhillips Company Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Podesta, Lauren)
April 28, 2009 Filing 120 NOTICE OF APPEARANCE by Paul Andrew Rosenthal on behalf of ConocoPhillips Company, ConocoPhillips Company, Conoco Phillips Co., Conoco Phillips Co., ConocoPhillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, ConocoPhillips, ConocoPhillips Company, Conocophillips Co, Ind &, Conoco, Inc., Conocophillips Company,, Conoco Phillips Company, ConocoPhilips Co, ConocoPhillips Company, ConocoPhillips Company, ConocoPhilips Company,, ConocoPhillips Company, ConocoPhillips Company, ConocoPhillips Company, ConocoPhillips Company, Conoco Phillips Company, ConocoPhillips Company, Conocophillips Company,, ConocoPhillips Company, Conocophillips Company,, Conoco Phillips Company(individually and as successor-in-interest to Conoco Inc. and Phillips PetroleumCompany, and d/b/a/Phillipss 66 Company, Conoco Phillips Company(individually and as successor-in-interest to Conoco Inc. and Phillips PetroleumCompany, and d/b/a/Phillipss 66 Company), Conoco Phillips Company, Conocophillips Company,, ConocoPhilips Company,, ConocoPhillips Co., Conoco Phillips Company, Conoco Phillips Co., Conocophillips Company,, Conocophillips Company,, ConocoPhillips Company, Conoco/Phillips Corporation, Conoco Phillips Co., Conoco Phillips Company,, ConocoPhilips Company,, Conocophillips Company,, ConocoPhillips Company, Conoco Philips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillips Company, Conoco Phillps Company, Conoco Phillips Company, ConocoPhilips Company, Conocophillips Corporation, ConocoPhillips Company, ConocoPhillips Company Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Rosenthal, Paul)
April 27, 2009 Opinion or Order Filing 119 ORDER ADMITTING ATTORNEY PRO HAC VICE ON WRITTEN MOTION. Attorney Keara L. Kelley for El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy Petroleum Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, El Paso Merchant Energey-Petroleum Company, Coastal Eagle Point Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Piont Oil Company and El Paso Merchant Energy -Petroleum Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 27, 2009 Opinion or Order Filing 118 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Grace Leigh Chan for El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy Petroleum Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, El Paso Merchant Energey-Petroleum Company, Coastal Eagle Point Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Piont Oil Company, El Paso Merchant Energy -Petroleum Company, Coastal Eagle Piont Oil Company and El Paso Merchant Energy -Petroleum Company admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 27, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (61 in 1:04-cv-04975-SAS, 87 in 1:04-cv-01720-SAS, 82 in 1:03-cv-10057-SAS, 238 in 1:03-cv-09050-SAS, 34 in 1:06-cv-05959-SAS, 100 in 1:03-cv-09543-SAS, 48 in 1:06-cv-03753-SAS, 100 in 1:04-cv-04972-SAS, 49 in 1:08-cv-00278-SAS, 64 in 1:04-cv-04974-SAS, 39 in 1:07-cv-06848-SAS, 32 in 1:06-cv-05916-SAS, 39 in 1:05-cv-01310-SAS, 34 in 1:06-cv-05940-SAS, 63 in 1:04-cv-01726-SAS, 64 in 1:08-cv-07764-SAS, 34 in 1:06-cv-05911-SAS, 277 in 1:04-cv-05424-SAS, 35 in 1:06-cv-05903-SAS, 56 in 1:04-cv-03415-SAS, 33 in 1:06-cv-05951-SAS, 34 in 1:06-cv-05932-SAS, 83 in 1:03-cv-10052-SAS, 34 in 1:06-cv-05901-SAS, 33 in 1:06-cv-05945-SAS, 34 in 1:06-cv-05923-SAS, 87 in 1:04-cv-01725-SAS, 33 in 1:06-cv-05958-SAS, 64 in 1:04-cv-02072-SAS, 4 in 1:09-cv-03738-SAS, 58 in 1:08-cv-00312-SAS, 57 in 1:04-cv-01723-SAS, 16 in 1:09-cv-01419-SAS, 34 in 1:07-cv-09453-SAS, 63 in 1:04-cv-01727-SAS, 39 in 1:06-cv-03754-SAS, 33 in 1:06-cv-05922-SAS, 57 in 1:04-cv-03413-SAS, 34 in 1:06-cv-01379-SAS, 33 in 1:06-cv-05926-SAS, 33 in 1:06-cv-05941-SAS, 34 in 1:06-cv-05907-SAS, 33 in 1:06-cv-05947-SAS, 95 in 1:03-cv-09544-SAS, 34 in 1:06-cv-05906-SAS, 109 in 1:04-cv-02389-SAS, 46 in 1:04-cv-02057-SAS, 34 in 1:06-cv-05912-SAS, 83 in 1:04-cv-01721-SAS, 33 in 1:06-cv-05952-SAS, 103 in 1:07-cv-02405-SAS, 48 in 1:04-cv-04990-SAS, 43 in 1:05-cv-04018-SAS, 81 in 1:04-cv-02390-SAS, 39 in 1:08-cv-06306-SAS, 47 in 1:04-cv-04971-SAS, 2337 in 1:00-cv-01898-SAS-DCF, 97 in 1:07-cv-02407-SAS, 33 in 1:06-cv-05919-SAS, 33 in 1:06-cv-05933-SAS, 49 in 1:04-cv-04973-SAS, 34 in 1:06-cv-05942-SAS, 33 in 1:06-cv-05924-SAS, 37 in 1:07-cv-08360-SAS, 39 in 1:06-cv-03751-SAS, 62 in 1:04-cv-04969-SAS, 34 in 1:06-cv-05938-SAS, 82 in 1:04-cv-02388-SAS, 79 in 1:03-cv-10054-SAS, 34 in 1:06-cv-05931-SAS, 83 in 1:03-cv-10055-SAS, 33 in 1:06-cv-05954-SAS, 41 in 1:07-cv-04012-SAS, 34 in 1:06-cv-05956-SAS, 44 in 1:06-cv-03741-SAS, 34 in 1:06-cv-05957-SAS, 34 in 1:06-cv-05949-SAS, 67 in 1:06-cv-05496-SAS, 33 in 1:06-cv-05961-SAS, 57 in 1:04-cv-02066-SAS, 34 in 1:06-cv-05950-SAS, 4 in 1:09-cv-03739-SAS, 67 in 1:04-cv-02070-SAS, 33 in 1:06-cv-05920-SAS, 59 in 1:04-cv-02060-SAS, 42 in 1:07-cv-04009-SAS, 69 in 1:04-cv-06993-SAS, 65 in 1:04-cv-02068-SAS, 33 in 1:06-cv-05937-SAS, 118 in 1:04-cv-03417-SAS, 33 in 1:06-cv-05948-SAS, 39 in 1:06-cv-03750-SAS, 192 in 1:03-cv-08248-SAS, 49 in 1:04-cv-02055-SAS, 34 in 1:06-cv-05939-SAS, 52 in 1:04-cv-02067-SAS, 33 in 1:06-cv-05953-SAS, 42 in 1:06-cv-01381-SAS, 97 in 1:07-cv-02403-SAS, 95 in 1:04-cv-04968-SAS, 82 in 1:03-cv-10056-SAS, 58 in 1:04-cv-03412-SAS, 34 in 1:06-cv-05963-SAS, 33 in 1:06-cv-05915-SAS, 84 in 1:04-cv-01719-SAS, 33 in 1:06-cv-05928-SAS, 97 in 1:07-cv-02406-SAS, 78 in 1:04-cv-01718-SAS, 43 in 1:05-cv-09070-SAS, 60 in 1:04-cv-03420-SAS, 81 in 1:04-cv-02053-SAS, 39 in 1:06-cv-03742-SAS, 33 in 1:06-cv-05960-SAS, 33 in 1:06-cv-05930-SAS, 57 in 1:04-cv-02062-SAS, 33 in 1:06-cv-05917-SAS, 33 in 1:06-cv-05943-SAS, 80 in 1:03-cv-10053-SAS, 57 in 1:04-cv-02059-SAS, 65 in 1:07-cv-10470-SAS, 48 in 1:04-cv-01724-SAS, 81 in 1:03-cv-10051-SAS, 47 in 1:04-cv-02056-SAS, 62 in 1:04-cv-05423-SAS, 33 in 1:06-cv-05914-SAS, 76 in 1:04-cv-01716-SAS, 57 in 1:04-cv-03419-SAS, 34 in 1:06-cv-05962-SAS, 33 in 1:06-cv-05946-SAS, 34 in 1:06-cv-05927-SAS, 61 in 1:04-cv-05421-SAS, 33 in 1:06-cv-05921-SAS, 33 in 1:06-cv-10205-SAS, 63 in 1:04-cv-05422-SAS, 56 in 1:04-cv-02061-SAS, 75 in 1:04-cv-03418-SAS, 34 in 1:06-cv-05955-SAS, 34 in 1:06-cv-05913-SAS, 34 in 1:06-cv-05925-SAS, 35 in 1:06-cv-00877-SAS, 79 in 1:04-cv-04970-SAS, 34 in 1:06-cv-05902-SAS, 39 in 1:06-cv-03752-SAS, 64 in 1:04-cv-03416-SAS, 35 in 1:05-cv-10259-SAS, 60 in 1:08-cv-07766-SAS, 59 in 1:04-cv-01722-SAS, 41 in 1:07-cv-04011-SAS, 34 in 1:06-cv-05905-SAS) Order Admitting Attorney Pro Hac Vice,,,,,,,,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 27, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (35 in 1:06-cv-05931-SAS, 34 in 1:06-cv-05954-SAS, 40 in 1:07-cv-06848-SAS, 34 in 1:06-cv-05952-SAS, 34 in 1:06-cv-05960-SAS, 82 in 1:03-cv-10051-SAS, 35 in 1:06-cv-05901-SAS, 40 in 1:06-cv-03750-SAS, 49 in 1:06-cv-03753-SAS, 59 in 1:08-cv-00312-SAS, 44 in 1:05-cv-09070-SAS, 34 in 1:06-cv-05948-SAS, 101 in 1:04-cv-04972-SAS, 68 in 1:06-cv-05496-SAS, 40 in 1:06-cv-03754-SAS, 35 in 1:06-cv-05956-SAS, 64 in 1:04-cv-01726-SAS, 83 in 1:04-cv-02388-SAS, 34 in 1:06-cv-05924-SAS, 42 in 1:07-cv-04011-SAS, 43 in 1:07-cv-04009-SAS, 35 in 1:06-cv-05907-SAS, 101 in 1:03-cv-09543-SAS, 34 in 1:06-cv-05921-SAS, 35 in 1:06-cv-05957-SAS, 35 in 1:06-cv-05925-SAS, 50 in 1:04-cv-02055-SAS, 62 in 1:04-cv-05421-SAS, 80 in 1:04-cv-04970-SAS, 81 in 1:03-cv-10053-SAS, 34 in 1:06-cv-05926-SAS, 40 in 1:05-cv-01310-SAS, 96 in 1:03-cv-09544-SAS, 34 in 1:06-cv-05945-SAS, 193 in 1:03-cv-08248-SAS, 34 in 1:06-cv-05917-SAS, 34 in 1:06-cv-05914-SAS, 64 in 1:04-cv-05422-SAS, 68 in 1:04-cv-02070-SAS, 58 in 1:04-cv-02062-SAS, 61 in 1:08-cv-07766-SAS, 35 in 1:06-cv-05905-SAS, 98 in 1:07-cv-02407-SAS, 35 in 1:06-cv-05959-SAS, 84 in 1:03-cv-10055-SAS, 40 in 1:08-cv-06306-SAS, 50 in 1:08-cv-00278-SAS, 34 in 1:06-cv-05951-SAS, 35 in 1:06-cv-05932-SAS, 40 in 1:06-cv-03742-SAS, 34 in 1:06-cv-05915-SAS, 36 in 1:06-cv-00877-SAS, 278 in 1:04-cv-05424-SAS, 82 in 1:04-cv-02053-SAS, 65 in 1:04-cv-03416-SAS, 5 in 1:09-cv-03738-SAS, 70 in 1:04-cv-06993-SAS, 53 in 1:04-cv-02067-SAS, 64 in 1:04-cv-01727-SAS, 2338 in 1:00-cv-01898-SAS-DCF, 35 in 1:06-cv-05949-SAS, 35 in 1:06-cv-05938-SAS, 63 in 1:04-cv-05423-SAS, 34 in 1:06-cv-05946-SAS, 35 in 1:06-cv-05912-SAS, 34 in 1:06-cv-05947-SAS, 35 in 1:06-cv-05950-SAS, 35 in 1:06-cv-05940-SAS, 76 in 1:04-cv-03418-SAS, 34 in 1:06-cv-05922-SAS, 61 in 1:04-cv-03420-SAS, 49 in 1:04-cv-04990-SAS, 35 in 1:06-cv-05902-SAS, 60 in 1:04-cv-01722-SAS, 50 in 1:04-cv-04973-SAS, 35 in 1:06-cv-05913-SAS, 65 in 1:08-cv-07764-SAS, 35 in 1:07-cv-09453-SAS, 96 in 1:04-cv-04968-SAS, 35 in 1:06-cv-05906-SAS, 44 in 1:05-cv-04018-SAS, 35 in 1:06-cv-05963-SAS, 66 in 1:07-cv-10470-SAS, 98 in 1:07-cv-02406-SAS, 35 in 1:06-cv-05911-SAS, 65 in 1:04-cv-02072-SAS, 119 in 1:04-cv-03417-SAS, 48 in 1:04-cv-04971-SAS, 88 in 1:04-cv-01720-SAS, 104 in 1:07-cv-02405-SAS, 62 in 1:04-cv-04975-SAS, 85 in 1:04-cv-01719-SAS, 35 in 1:06-cv-05942-SAS, 58 in 1:04-cv-01723-SAS, 84 in 1:03-cv-10052-SAS, 35 in 1:06-cv-05962-SAS, 60 in 1:04-cv-02060-SAS, 34 in 1:06-cv-05920-SAS, 239 in 1:03-cv-09050-SAS, 77 in 1:04-cv-01716-SAS, 84 in 1:04-cv-01721-SAS, 58 in 1:04-cv-03419-SAS, 47 in 1:04-cv-02057-SAS, 82 in 1:04-cv-02390-SAS, 63 in 1:04-cv-04969-SAS, 36 in 1:05-cv-10259-SAS, 80 in 1:03-cv-10054-SAS, 110 in 1:04-cv-02389-SAS, 36 in 1:06-cv-05903-SAS, 34 in 1:06-cv-05933-SAS, 5 in 1:09-cv-03739-SAS, 58 in 1:04-cv-02066-SAS, 57 in 1:04-cv-03415-SAS, 34 in 1:06-cv-05928-SAS, 35 in 1:06-cv-05939-SAS, 34 in 1:06-cv-05943-SAS, 66 in 1:04-cv-02068-SAS, 43 in 1:06-cv-01381-SAS, 98 in 1:07-cv-02403-SAS, 35 in 1:06-cv-01379-SAS, 65 in 1:04-cv-04974-SAS, 40 in 1:06-cv-03751-SAS, 57 in 1:04-cv-02061-SAS, 38 in 1:07-cv-08360-SAS, 34 in 1:06-cv-05941-SAS, 34 in 1:06-cv-05961-SAS, 83 in 1:03-cv-10056-SAS, 83 in 1:03-cv-10057-SAS, 17 in 1:09-cv-01419-SAS, 35 in 1:06-cv-05955-SAS, 35 in 1:06-cv-05923-SAS, 42 in 1:07-cv-04012-SAS, 34 in 1:06-cv-05937-SAS, 45 in 1:06-cv-03741-SAS, 59 in 1:04-cv-03412-SAS, 88 in 1:04-cv-01725-SAS, 40 in 1:06-cv-03752-SAS, 33 in 1:06-cv-05916-SAS, 58 in 1:04-cv-03413-SAS, 35 in 1:06-cv-05927-SAS, 34 in 1:06-cv-10205-SAS, 34 in 1:06-cv-05930-SAS, 79 in 1:04-cv-01718-SAS, 34 in 1:06-cv-05919-SAS, 58 in 1:04-cv-02059-SAS, 34 in 1:06-cv-05958-SAS, 34 in 1:06-cv-05953-SAS, 48 in 1:04-cv-02056-SAS, 49 in 1:04-cv-01724-SAS) Order Admitting Attorney Pro Hac Vice,,,,,,,,,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 27, 2009 Filing 117 WITNESS LIST. Document filed by Sunoco, Inc., Sunoco, Inc. (R & M).(Schauwecker, Paula)
April 27, 2009 Filing 116 Exhibit List. Document filed by Sunoco, Inc., Sunoco, Inc. (R & M).(Schauwecker, Paula)
April 27, 2009 Filing 115 Exhibit List (Defendants' Joint Trial Exhibit List). Document filed by Lyondell Chemical Company, Marathon Ashland Petroleum LLC, Mobil Oil Corporation, Motiva Enterprises, LLC, Premcor Refining Group Inc,, Sunoco, Inc., Sunoco, Inc. (R & M), Texaco, Inc., Texaco Refining and Marketing Inc, Tosco Corporation, Tosco Refining Company, Ultramar Energy Inc., Ultramar Limited, United Refining Company, Unocal Corporation, Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining and Marketing Company, Marathon Oil Company, Shell Oil Company, Shell Trading (US) Company, Shell Oil Products Company LLC, Mobile Corporation, Flint Hills Resources, LP, TRMI Holdings Inc., Giant Yorktown, Inc., BP Amoco Chemical Company, Inc., Equistar Chemicals, LP, Vitol S.A., George E. Warren Corporation, Atlantic Richfield Company, Phibro Inc., Citgo Refining & Chemicals Co, LP, PDV Midwest Refining, LLC, Total Petrochemicals USA, Inc., BP America, Inc., Parker Holding Company Inc, Parker Oil Company, Leemilt's Petroleum Inc., Mercury Fuel Service, Incorporated, Hess Energy, Inc., Coastal Chem, Inc., Coastal Eagle Point Oil Company, Coastal Oil New England, Inc., Getty Properties Corp., Union Oil Co of California, BP Amoco Corporation, BP Products North America, Inc., Chevron Texaco Corporation, Amerada Hess Corp., Chevron U.S.A., Inc., Citgo Petroleum Corporation, El Paso CGP Company, Conocophillips Company,, Crown Central Petroleum Corporation, El Paso Merchant Energy Petroleum Company, Equilon Enterprises L.L.C., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Getty Petroleum Marketing, Inc., Gulf Oil Limited Partnership, Koch Industries Inc.. (Attachments: #1 A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 27, 2009 Filing 114 Exhibit List. Document filed by Mobil Oil Corporation, Exxon Mobil Corporation, Exxon Mobil Oil Corporation. (Attachments: #1 A)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 27, 2009 Opinion or Order Filing 113 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION Lesley K. Lawrence-Hammer is admitted to practice pro hac vice as counsel for defendants El Paso Merchant Energy-Petroleum Company and Coastal Eagle Point Oil Company in the above captioned case. (Signed by Judge Shira A. Scheindlin on 4/27/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(mme)
April 27, 2009 Filing 112 Exhibit List. Document filed by Flint Hills Resources, LP.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George)
April 27, 2009 Filing 111 WITNESS LIST. Document filed by Flint Hills Resources, LP.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George)
April 27, 2009 Filing 110 WITNESS LIST. Document filed by Exxon Mobil Oil Corporation, Exxon Mobil Corporation, Mobil Oil Corporation.Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
April 27, 2009 Filing 109 DECLARATION of Joseph C. Kearfott in Support re: (2322 in 1:00-cv-01898-SAS-DCF, 107 in 1:04-cv-03417-SAS) MOTION in Limine Regarding Application of the Commingled Product Theory, Consideration of Fault of Nonparties by Jury, and Proof of Date of Harm.. Document filed by Flint Hills Resources, LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George)
April 27, 2009 Filing 108 MEMORANDUM OF LAW in Support re: (107 in 1:04-cv-03417-SAS) MOTION in Limine.. Document filed by Flint Hills Resources, LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George)
April 27, 2009 Filing 107 MOTION in Limine Regarding Application of the Commingled Product Theory, Consideration of Fault of Nonparties by Jury, and Proof of Date of Harm. Document filed by Flint Hills Resources, LP.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Sibley, George)
April 27, 2009 Opinion or Order Filing 106 ORDER TO ADMIT ROBERT S. CHAPMAN AS COUNSEL PRO HAC VICE Attorney Robert S. Chapman for City of NY admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/24/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mme) Modified on 4/27/2009 (mme).
April 27, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (2320 in 1:00-cv-01898-SAS-DCF, 106 in 1:04-cv-03417-SAS) Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(mme)
April 27, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (32 in 1:06-cv-05948-SAS, 33 in 1:06-cv-05907-SAS, 56 in 1:04-cv-03413-SAS, 36 in 1:07-cv-08360-SAS, 32 in 1:06-cv-05960-SAS, 99 in 1:03-cv-09543-SAS, 32 in 1:06-cv-05947-SAS, 66 in 1:06-cv-05496-SAS, 33 in 1:06-cv-05955-SAS, 64 in 1:07-cv-10470-SAS, 38 in 1:06-cv-03751-SAS, 38 in 1:05-cv-01310-SAS, 32 in 1:06-cv-05953-SAS, 33 in 1:06-cv-05906-SAS, 38 in 1:06-cv-03754-SAS, 60 in 1:04-cv-04975-SAS, 48 in 1:04-cv-04973-SAS, 60 in 1:04-cv-05421-SAS, 33 in 1:06-cv-05927-SAS, 38 in 1:08-cv-06306-SAS, 62 in 1:04-cv-01727-SAS, 32 in 1:06-cv-05930-SAS, 3 in 1:09-cv-03738-SAS, 34 in 1:06-cv-05903-SAS, 32 in 1:06-cv-05917-SAS, 40 in 1:07-cv-04011-SAS, 32 in 1:06-cv-05941-SAS, 33 in 1:06-cv-05959-SAS, 33 in 1:06-cv-05923-SAS, 32 in 1:06-cv-05915-SAS, 41 in 1:06-cv-01381-SAS, 41 in 1:07-cv-04009-SAS, 32 in 1:06-cv-05951-SAS, 33 in 1:06-cv-05950-SAS, 86 in 1:04-cv-01725-SAS, 32 in 1:06-cv-05945-SAS, 33 in 1:06-cv-05905-SAS, 33 in 1:06-cv-05902-SAS, 32 in 1:06-cv-05954-SAS, 33 in 1:06-cv-05939-SAS, 32 in 1:06-cv-05922-SAS, 33 in 1:06-cv-05949-SAS, 32 in 1:06-cv-05958-SAS, 99 in 1:04-cv-04972-SAS, 82 in 1:03-cv-10052-SAS, 94 in 1:03-cv-09544-SAS, 102 in 1:07-cv-02405-SAS, 2330 in 1:00-cv-01898-SAS-DCF, 62 in 1:04-cv-05422-SAS, 33 in 1:06-cv-05925-SAS, 38 in 1:06-cv-03752-SAS, 32 in 1:06-cv-05928-SAS, 79 in 1:03-cv-10053-SAS, 43 in 1:06-cv-03741-SAS, 32 in 1:06-cv-05946-SAS, 57 in 1:04-cv-03412-SAS, 56 in 1:04-cv-01723-SAS, 33 in 1:06-cv-05913-SAS, 3 in 1:09-cv-03739-SAS, 62 in 1:04-cv-01726-SAS, 80 in 1:03-cv-10051-SAS, 32 in 1:06-cv-05921-SAS, 33 in 1:06-cv-05963-SAS, 83 in 1:04-cv-01719-SAS, 78 in 1:04-cv-04970-SAS, 33 in 1:06-cv-05912-SAS, 42 in 1:05-cv-09070-SAS, 32 in 1:06-cv-05914-SAS, 33 in 1:06-cv-05940-SAS, 58 in 1:04-cv-01722-SAS, 63 in 1:04-cv-04974-SAS, 33 in 1:06-cv-05962-SAS, 40 in 1:07-cv-04012-SAS, 113 in 1:04-cv-03417-SAS, 237 in 1:03-cv-09050-SAS, 33 in 1:06-cv-05911-SAS, 32 in 1:06-cv-05924-SAS, 78 in 1:03-cv-10054-SAS, 68 in 1:04-cv-06993-SAS, 32 in 1:06-cv-05943-SAS, 77 in 1:04-cv-01718-SAS, 61 in 1:04-cv-04969-SAS, 32 in 1:06-cv-05926-SAS, 38 in 1:06-cv-03750-SAS, 33 in 1:06-cv-05938-SAS, 38 in 1:06-cv-03742-SAS, 32 in 1:06-cv-05933-SAS, 82 in 1:04-cv-01721-SAS, 81 in 1:03-cv-10056-SAS, 33 in 1:06-cv-05932-SAS, 32 in 1:06-cv-05961-SAS, 33 in 1:06-cv-05956-SAS, 33 in 1:06-cv-05901-SAS, 82 in 1:03-cv-10055-SAS, 33 in 1:06-cv-05957-SAS, 46 in 1:04-cv-04971-SAS, 32 in 1:06-cv-05952-SAS, 81 in 1:03-cv-10057-SAS, 32 in 1:06-cv-05937-SAS, 33 in 1:06-cv-05942-SAS, 33 in 1:06-cv-05931-SAS, 31 in 1:06-cv-05916-SAS, 33 in 1:06-cv-01379-SAS, 34 in 1:06-cv-00877-SAS, 32 in 1:06-cv-05920-SAS, 47 in 1:06-cv-03753-SAS, 32 in 1:06-cv-05919-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(mme)
April 23, 2009 Filing 105 MEMORANDUM OF LAW in Support re: #104 JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless.. Document filed by Lyondell Chemical Company, Motiva Enterprises, LLC, Premcor Refining Group Inc,, Texaco, Inc., Ultramar Energy Inc., Ultramar Limited, Unocal Corporation, Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining and Marketing Company, Shell Oil Company, Shell Trading (US) Company, Shell Oil Products Company LLC, Mobile Corporation, Flint Hills Resources, LP, Equistar Chemicals, LP, Atlantic Richfield Company, Citgo Refining & Chemicals Co, LP, Total Petrochemicals USA, Inc., Hess Energy, Inc., Coastal Eagle Point Oil Company, Union Oil Co of California, BP Products North America, Inc., Chevron U.S.A., Inc., Citgo Petroleum Corporation, Conocophillips Company,, Crown Central Petroleum Corporation, El Paso Merchant Energy Petroleum Company, Equilon Enterprises L.L.C., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Getty Petroleum Marketing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service via Lexis-Nexis File and Serve)(Paz, Inbal)
April 23, 2009 Filing 104 JOINT MOTION in Limine to Exclude the Opinion of Plaintiff's Expert Harry T. Lawless. Document filed by Lyondell Chemical Company, Motiva Enterprises, LLC, Premcor Refining Group Inc,, Sunoco, Inc., Sunoco, Inc. (R & M), Texaco, Inc., Ultramar Energy Inc., Ultramar Limited, Unocal Corporation, Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining and Marketing Company, Shell Oil Company, Shell Trading (US) Company, Shell Oil Products Company LLC, Mobile Corporation, Flint Hills Resources, LP, Equistar Chemicals, LP, Atlantic Richfield Company, Citgo Refining & Chemicals Co, LP, Total Petrochemicals USA, Inc., Hess Energy, Inc., Coastal Eagle Point Oil Company, BP Products North America, Inc., Chevron U.S.A., Inc., Citgo Petroleum Corporation, Conocophillips Company,, Crown Central Petroleum Corporation, El Paso Merchant Energy Petroleum Company, Equilon Enterprises L.L.C., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Getty Petroleum Marketing, Inc.. (Attachments: #1 Certificate of Service via Lexis-Nexis File and Serve)(Paz, Inbal)
April 23, 2009 Filing 103 FIRST OPPOSITION BRIEF re: #102 Opposition Brief --Supporting Declaration of David B. Terry. Document filed by The City of New York.(Greene, Daniel)
April 23, 2009 Filing 102 FIRST OPPOSITION BRIEF to Defendants' Motion to Strike the Expert Report of David Terry. Document filed by The City of New York.(Greene, Daniel)
April 17, 2009 Opinion or Order Filing 101 CASE MANAGEMENT PLAN #52: In the New Jersey case, plaintiff shall identify, not later than 4/10/09, every discovery request to which it objects on the ground that the request call for site-specific discovery. If the parties are unable to resolve any dispute, they may bring the matter to this Court for resolution. Plaintiff shall provide non-site specific discovery by 5/15/09. In the City of NY case, the City shall respond to Shell's motion to exclude punitive damages by 4/30/09 and Shell shall reply by 5/11/09....This court will hold a hearing in the City of NY case on 4/24/09 at 10:30 am and in the Orange County Water District case on 5/15/09 at 11 am....In the recently filed Oyster Bay and Garden City case, defendants' unopposed motion for this Court to decline to exercise supplemental jurisdiction over the state law claims is granted. Defendants shall submit proposed Order reflecting this ruling. When necessary, the parties shall contact this Court to schedule the next omnibus status conference. Response due by 4/30/2009. Reply due by 5/11/2009. Oral Argument/hearing set for 4/24/2009 at 10:30 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 4/17/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
April 6, 2009 Filing 100 NOTICE of Joint Motion to Dismiss All Claims Against Marathon Defendants. Document filed by The City of New York. (Sher, Victor)
April 2, 2009 Opinion or Order Filing 99 ORDER GRANTING ADMISSION OF DELIRIS ORTIZ-TORRES: It is hereby ordered that Deliris Ortiz-Torres, Esq, is admitted to practice before this Court pro hac vice on behalf of Total Petroleum Puerto Rico Corporation and Atlantic Trading Marketing, Inc. (formerly known as Total Oil, Inc.) in this civil action upon the deposit of the required $25 fee to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 4/2/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo)
March 24, 2009 Filing 94 NOTICE OF APPEARANCE by Joshua G Stein on behalf of The City of New York (Stein, Joshua)
March 24, 2009 Filing 93 MEMORANDUM OF LAW in Support re: (2306 in 1:00-cv-01898-SAS-DCF, 90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
March 24, 2009 Filing 92 RULE 56.1 STATEMENT. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
March 24, 2009 Filing 91 DECLARATION of Richard Wallace in Support re: (2306 in 1:00-cv-01898-SAS-DCF, 90 in 1:04-cv-03417-SAS) MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories.. Document filed by Exxon Mobil Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
March 24, 2009 Filing 90 MOTION to Bar Punitive Damages Based on the Market Share and Commingled Product Theories. Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Handel, Lauren)
March 23, 2009 Filing 98 MEMORANDUM OF LAW in Support re: (2310 in 1:00-cv-01898-SAS-DCF, 95 in 1:04-cv-03417-SAS) MOTION To bar punitive damages based on the market share and commingled product theories.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., Chevron U.S.A., Inc. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 23, 2009 Filing 97 DECLARATION of Richard Wallace in Support re: (2310 in 1:00-cv-01898-SAS-DCF, 95 in 1:04-cv-03417-SAS) MOTION To bar punitive damages based on the market share and commingled product theories.. Document filed by Atlantic Richfield Company, BP Products North America, Inc., Chevron U.S.A., Inc. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 23, 2009 Filing 96 RULE 56.1 STATEMENT. Document filed by Atlantic Richfield Company, BP Products North America, Inc., Chevron U.S.A., Inc. et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 23, 2009 Filing 95 MOTION To bar punitive damages based on the market share and commingled product theories. Document filed by BP Amoco Chemical Company, Inc., Atlantic Richfield Company, BP America, Inc., BP Amoco Corporation, Chevron Texaco Corporation, Chevron U.S.A., Inc. et al.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 20, 2009 Opinion or Order Filing 89 ORDER, the Clerk of Court is directed to close the following motions on the master docket for MDL 1358, No. 00civ.1898 #2090, 2092, 2155, 2185. terminating (73) Motion to Dismiss in case 1:03-cv-09544-SAS; terminating (78) Motion to Dismiss in case 1:03-cv-09543-SAS; terminating (41) Motion to Dismiss in case 1:04-cv-01727-SAS; terminating (40) Motion to Dismiss in case 1:04-cv-01726-SAS; terminating (56) Motion to Dismiss in case 1:04-cv-01718-SAS; terminating (62) Motion to Dismiss in case 1:04-cv-01719-SAS; terminating (65) Motion to Dismiss in case 1:04-cv-01720-SAS; terminating (65) Motion to Dismiss in case 1:04-cv-01725-SAS; terminating (61) Motion to Dismiss in case 1:04-cv-01721-SAS; terminating (43) Motion to Dismiss in case 1:04-cv-02068-SAS; terminating (43) Motion to Dismiss in case 1:04-cv-02072-SAS; terminating (87) Motion to Dismiss in case 1:04-cv-02389-SAS; terminating (59) Motion to Dismiss in case 1:04-cv-02390-SAS; terminating (60) Motion to Dismiss in case 1:04-cv-02388-SAS; terminating (34) Motion to Dismiss in case 1:04-cv-03415-SAS; terminating (41) Motion to Dismiss in case 1:04-cv-03416-SAS; terminating (36) Motion to Dismiss in case 1:04-cv-03419-SAS; terminating (39) Motion to Dismiss in case 1:04-cv-05421-SAS; terminating (41) Motion to Dismiss in case 1:04-cv-05422-SAS; terminating (40) Motion to Dismiss in case 1:04-cv-05423-SAS; terminating (254) Motion to Dismiss in case 1:04-cv-05424-SAS; terminating (47) Motion to Dismiss in case 1:04-cv-06993-SAS; terminating (21) Motion to Dismiss in case 1:05-cv-04018-SAS; terminating (21) Motion to Dismiss in case 1:05-cv-09070-SAS; terminating (20) Motion to Dismiss in case 1:06-cv-01381-SAS; terminating (22) Motion to Dismiss in case 1:06-cv-03741-SAS; terminating (2090) Motion to Dismiss for Lack of Jurisdiction; terminating (2092) Motion to Dismiss; terminating (2155) Motion to Dismiss in case 1:00-cv-01898-SAS-DCF. (Signed by Judge Shira A. Scheindlin on 3/20/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 19, 2009 Opinion or Order Filing 88 ORDER ADMITTING ATTORNEY Joshua Stein PRO HAC VICE for plaintiff The City of NY. (Signed by Judge Shira A. Scheindlin on 3/18/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 19, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (88 in 1:04-cv-03417-SAS, 2302 in 1:00-cv-01898-SAS-DCF) Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 18, 2009 Opinion or Order Filing 87 STIPULATION AND ORDER OF DISMISSING ALL CLAIMS AGAINST IRVING OIL DEFENDANTS, pursuant to FRCP 41(a)(2), the Plaintiff City of NY and Defendants Irving Oil Corporation and Irving Oil Limited, hereby request that the Court enter this voluntary dismissal with prejudice of all claims against Irving Oil as set forth in the Plaintiff's Fourth Amended Complaint, filed on 3/9/07, with each party bearing its own attorney's fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 3/18/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 18, 2009 Filing 86 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (Stipulation) - JOINT MOTION to Dismiss All Claims Against Irving Oil Defendants. Document filed by The City of New York.(Sher, Victor) Modified on 3/19/2009 (jar).
March 17, 2009 Opinion or Order Filing 85 ORDER TO AMEND, the Clerk of the Court is hereby directed to amend the caption of the order in In Re Methyl Tertiary Butyl Ether Products Liability Litigation, No. 00-1898, which was entered on 3/16/09 (document no. 2299), to read as follows: "CASE MANAGEMENT ORDER #51" (change in italics) re: (50 in 1:04-cv-02061-SAS, 78 in 1:04-cv-01719-SAS, 61 in 1:06-cv-05496-SAS, 28 in 1:06-cv-05927-SAS, 91 in 1:07-cv-02406-SAS, 27 in 1:06-cv-05921-SAS, 28 in 1:06-cv-05931-SAS, 28 in 1:06-cv-05932-SAS, 27 in 1:06-cv-05924-SAS, 26 in 1:06-cv-05916-SAS, 57 in 1:04-cv-01726-SAS, 76 in 1:03-cv-10057-SAS, 27 in 1:06-cv-05947-SAS, 27 in 1:06-cv-05946-SAS, 33 in 1:06-cv-03752-SAS, 28 in 1:06-cv-05950-SAS, 75 in 1:03-cv-10051-SAS, 91 in 1:07-cv-02407-SAS, 28 in 1:06-cv-05911-SAS, 55 in 1:04-cv-05421-SAS, 33 in 1:06-cv-03750-SAS, 27 in 1:06-cv-05937-SAS, 69 in 1:04-cv-03418-SAS, 57 in 1:04-cv-05422-SAS, 28 in 1:06-cv-05906-SAS, 70 in 1:04-cv-01716-SAS, 51 in 1:04-cv-01723-SAS, 42 in 1:06-cv-03753-SAS, 28 in 1:06-cv-05955-SAS, 27 in 1:06-cv-05922-SAS, 54 in 1:08-cv-07766-SAS, 28 in 1:06-cv-05912-SAS, 28 in 1:06-cv-05902-SAS, 97 in 1:07-cv-02405-SAS, 28 in 1:06-cv-05905-SAS, 103 in 1:04-cv-02389-SAS, 53 in 1:04-cv-01722-SAS, 27 in 1:06-cv-05941-SAS, 28 in 1:06-cv-05957-SAS, 38 in 1:06-cv-03741-SAS, 28 in 1:06-cv-05907-SAS, 81 in 1:04-cv-01725-SAS, 27 in 1:06-cv-05943-SAS, 27 in 1:06-cv-05917-SAS, 89 in 1:04-cv-04968-SAS, 52 in 1:04-cv-03412-SAS, 36 in 1:07-cv-04009-SAS, 58 in 1:04-cv-02072-SAS, 82 in 1:04-cv-03417-SAS, 43 in 1:04-cv-02055-SAS, 76 in 1:03-cv-10055-SAS, 32 in 1:08-cv-06306-SAS, 37 in 1:05-cv-04018-SAS, 42 in 1:04-cv-01724-SAS, 35 in 1:07-cv-04011-SAS, 28 in 1:06-cv-05959-SAS, 28 in 1:06-cv-05923-SAS, 56 in 1:04-cv-05423-SAS, 76 in 1:03-cv-10056-SAS, 59 in 1:04-cv-02068-SAS, 40 in 1:04-cv-02057-SAS, 27 in 1:06-cv-05945-SAS, 43 in 1:04-cv-04973-SAS, 41 in 1:04-cv-02056-SAS, 77 in 1:04-cv-01721-SAS, 214 in 1:03-cv-09050-SAS, 28 in 1:06-cv-05901-SAS, 94 in 1:03-cv-09543-SAS, 28 in 1:06-cv-01379-SAS, 29 in 1:06-cv-00877-SAS, 33 in 1:07-cv-06848-SAS, 54 in 1:04-cv-03420-SAS, 91 in 1:07-cv-02403-SAS, 28 in 1:06-cv-05940-SAS, 36 in 1:06-cv-01381-SAS, 10 in 1:09-cv-01419-SAS, 58 in 1:08-cv-07764-SAS, 46 in 1:04-cv-02067-SAS, 72 in 1:04-cv-01718-SAS, 186 in 1:03-cv-08248-SAS, 76 in 1:04-cv-02388-SAS, 27 in 1:06-cv-05914-SAS, 43 in 1:08-cv-00278-SAS, 27 in 1:06-cv-05928-SAS, 33 in 1:05-cv-01310-SAS, 27 in 1:06-cv-05951-SAS, 28 in 1:06-cv-05956-SAS, 33 in 1:06-cv-03754-SAS, 89 in 1:03-cv-09544-SAS, 35 in 1:07-cv-04012-SAS, 61 in 1:04-cv-02070-SAS, 28 in 1:06-cv-05963-SAS, 28 in 1:06-cv-05939-SAS, 58 in 1:04-cv-04974-SAS, 73 in 1:03-cv-10054-SAS, 56 in 1:04-cv-04969-SAS, 2299 in 1:00-cv-01898-SAS-DCF, 74 in 1:03-cv-10053-SAS, 57 in 1:04-cv-01727-SAS, 28 in 1:06-cv-05925-SAS, 37 in 1:05-cv-09070-SAS, 27 in 1:06-cv-05948-SAS, 27 in 1:06-cv-05920-SAS, 27 in 1:06-cv-05961-SAS, 53 in 1:04-cv-02060-SAS, 51 in 1:04-cv-02059-SAS, 51 in 1:04-cv-02066-SAS, 75 in 1:03-cv-10052-SAS, 29 in 1:06-cv-05903-SAS, 75 in 1:04-cv-02053-SAS, 29 in 1:05-cv-10259-SAS, 41 in 1:04-cv-04971-SAS, 94 in 1:04-cv-04972-SAS, 50 in 1:04-cv-03415-SAS, 59 in 1:07-cv-10470-SAS, 55 in 1:04-cv-04975-SAS, 27 in 1:06-cv-05915-SAS, 33 in 1:06-cv-03742-SAS, 73 in 1:04-cv-04970-SAS, 27 in 1:06-cv-05933-SAS, 28 in 1:06-cv-05962-SAS, 27 in 1:06-cv-05960-SAS, 27 in 1:06-cv-10205-SAS, 41 in 1:04-cv-04990-SAS, 28 in 1:06-cv-05942-SAS, 28 in 1:06-cv-05949-SAS, 27 in 1:06-cv-05930-SAS, 75 in 1:04-cv-02390-SAS, 58 in 1:04-cv-03416-SAS, 28 in 1:06-cv-05913-SAS, 27 in 1:06-cv-05954-SAS, 50 in 1:04-cv-02062-SAS, 31 in 1:07-cv-08360-SAS, 27 in 1:06-cv-05952-SAS, 51 in 1:04-cv-03419-SAS, 51 in 1:04-cv-03413-SAS, 81 in 1:04-cv-01720-SAS, 271 in 1:04-cv-05424-SAS, 27 in 1:06-cv-05919-SAS, 33 in 1:06-cv-03751-SAS, 63 in 1:04-cv-06993-SAS, 50 in 1:08-cv-00312-SAS, 27 in 1:06-cv-05953-SAS, 28 in 1:06-cv-05938-SAS, 27 in 1:06-cv-05926-SAS, 28 in 1:07-cv-09453-SAS, 27 in 1:06-cv-05958-SAS) Case Management Plan,,, (Signed by Judge Shira A. Scheindlin on 3/17/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 17, 2009 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Victor Sher for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #83 Stipulation of Voluntary Dismissal, to: judgments@nysd.uscourts.gov. (dt)
March 17, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Victor Sher to RE-FILE Document #83 Stipulation of Voluntary Dismissal. Use the event type Dismiss found under the event list Motions. (jar)
March 17, 2009 Filing 84 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Joint Motion to Dismiss) - NOTICE of Joint Motion to Dismiss re: #83 Stipulation of Voluntary Dismissal,. Document filed by The City of New York. (Sher, Victor) Modified on 3/18/2009 (jar).
March 17, 2009 Filing 83 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Irving Oil Corporation, Irving Oil Limited pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The City of New York.(Sher, Victor) Modified on 3/18/2009 (dt).
March 16, 2009 Opinion or Order Filing 82 CASE MANAGEMENT ORDER #48 re rulings made during the status conference held on 2/26/09: In the New Jersey and Puerto Rico cases, the parties shall meet and confer in order to submit a joint pre-trial scheduling order at the next status conference. In the City of NY case, the City seeks an order from this Court finding a limited waiver of Shell's assertion of attorney-client privilege with respect to certain documents identified on its privilege logs, and as further set forth in this document.....The next status conference is scheduled for 4/2/09 at 10 am. Status Conference set for 4/2/2009 at 10:00 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 3/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 16, 2009 Filing 81 NOTICE OF APPEARANCE by Todd E. Robins on behalf of The City of New York (Robins, Todd)
March 16, 2009 Opinion or Order Filing 80 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Khara A. A. Coleman for Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., BP Corporation North America, Inc., BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Corporation North America, Inc., BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Co., BP Products North America Inc., Atlantic Richfield Company, individually, BP Corporation North America Inc,, Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, Atlantic Richfield Company, Inc., BP Products North America, Inc., Atlantic Richfield CO., BP Corporation North America, Inc.(individually and f/k/a BP Amoco Corporation), BP Products North America, Inc.,, Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Co., BP Corporation North America, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, Atlantic Richfeild Company, BP Products North America, Inc,, Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company and BP Products North America, Inc., Christopher J. Esbrook for Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., BP Corporation North America, Inc., BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Company North America, Inc., BP Corporation North America, Inc., BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Co., BP Products North America Inc., Atlantic Richfield Company, individually, BP Corporation North America Inc,, Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, BP Products North Americas, Inc., Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company, Atlantic Richfield Company, Inc., BP Products North America, Inc., Atlantic Richfield CO., BP Corporation North America, Inc.(individually and f/k/a BP Amoco Corporation), BP Products North America, Inc.,, Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Co., BP Corporation North America, Inc., Atlantic Richfield Company, BP Products North America Inc., Atlantic Richfield Company, Atlantic Richfeild Company, BP Products North America, Inc,, Atlantic Richfield Company, BP Products North America, Inc., Atlantic Richfield Company and BP Products North America, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 3/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jeh)
March 12, 2009 Filing 79 NOTICE OF APPEARANCE by Victor M. Sher on behalf of The City of New York (Sher, Victor)
March 11, 2009 Filing 78 NOTICE OF APPEARANCE by Nicholas G. Campins on behalf of The City of New York (Campins, Nicholas)
March 10, 2009 Opinion or Order Filing 77 ORDER GRANTING APPLICATIONS FOR PRO HAC VICE ADMISSIONS OF Khara A. A. Coleman and Christopher J. Esbrook for defendants Atlantic Richfield Company, BP Products North America Inc., and BP Corporation North America Inc.. (Signed by Judge Shira A. Scheindlin on 3/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 10, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (74 in 1:03-cv-10057-SAS, 29 in 1:07-cv-08360-SAS, 54 in 1:08-cv-07764-SAS, 26 in 1:06-cv-05963-SAS, 35 in 1:05-cv-04018-SAS, 25 in 1:06-cv-05961-SAS, 59 in 1:04-cv-02070-SAS, 49 in 1:04-cv-02059-SAS, 48 in 1:04-cv-02062-SAS, 51 in 1:04-cv-02060-SAS, 73 in 1:03-cv-10052-SAS, 184 in 1:03-cv-08248-SAS, 87 in 1:04-cv-04968-SAS, 25 in 1:06-cv-05947-SAS, 26 in 1:06-cv-05925-SAS, 73 in 1:04-cv-02053-SAS, 26 in 1:06-cv-05955-SAS, 25 in 1:06-cv-05960-SAS, 25 in 1:06-cv-05954-SAS, 27 in 1:06-cv-05903-SAS, 56 in 1:04-cv-03416-SAS, 31 in 1:06-cv-03750-SAS, 33 in 1:07-cv-04012-SAS, 31 in 1:07-cv-06848-SAS, 25 in 1:06-cv-05952-SAS, 26 in 1:06-cv-05949-SAS, 25 in 1:06-cv-10205-SAS, 26 in 1:06-cv-05938-SAS, 55 in 1:04-cv-04974-SAS, 212 in 1:03-cv-09050-SAS, 25 in 1:06-cv-05948-SAS, 55 in 1:04-cv-05422-SAS, 39 in 1:04-cv-04990-SAS, 49 in 1:04-cv-03419-SAS, 72 in 1:03-cv-10053-SAS, 89 in 1:07-cv-02406-SAS, 55 in 1:04-cv-01727-SAS, 26 in 1:06-cv-05912-SAS, 31 in 1:06-cv-03751-SAS, 73 in 1:04-cv-02390-SAS, 40 in 1:06-cv-03753-SAS, 27 in 1:05-cv-10259-SAS, 38 in 1:04-cv-02057-SAS, 51 in 1:04-cv-04975-SAS, 56 in 1:07-cv-10470-SAS, 24 in 1:06-cv-05916-SAS, 26 in 1:06-cv-05957-SAS, 26 in 1:06-cv-01379-SAS, 48 in 1:04-cv-03415-SAS, 49 in 1:04-cv-02066-SAS, 36 in 1:06-cv-03741-SAS, 87 in 1:03-cv-09544-SAS, 57 in 1:04-cv-02068-SAS, 70 in 1:04-cv-01718-SAS, 48 in 1:08-cv-00312-SAS, 25 in 1:06-cv-05945-SAS, 25 in 1:06-cv-05930-SAS, 31 in 1:06-cv-03742-SAS, 56 in 1:04-cv-02072-SAS, 26 in 1:06-cv-05911-SAS, 71 in 1:03-cv-10054-SAS, 26 in 1:06-cv-05962-SAS, 92 in 1:03-cv-09543-SAS, 6 in 1:09-cv-01419-SAS, 26 in 1:06-cv-05932-SAS, 34 in 1:06-cv-01381-SAS, 53 in 1:04-cv-05421-SAS, 26 in 1:06-cv-05939-SAS, 25 in 1:06-cv-05926-SAS, 25 in 1:06-cv-05914-SAS, 25 in 1:06-cv-05958-SAS, 61 in 1:04-cv-06993-SAS, 25 in 1:06-cv-05941-SAS, 26 in 1:06-cv-05942-SAS, 25 in 1:06-cv-05921-SAS, 31 in 1:05-cv-01310-SAS, 74 in 1:03-cv-10056-SAS, 25 in 1:06-cv-05919-SAS, 92 in 1:04-cv-04972-SAS, 39 in 1:04-cv-02056-SAS, 26 in 1:06-cv-05902-SAS, 95 in 1:07-cv-02405-SAS, 59 in 1:06-cv-05496-SAS, 27 in 1:06-cv-00877-SAS, 26 in 1:06-cv-05923-SAS, 50 in 1:04-cv-03412-SAS, 25 in 1:06-cv-05937-SAS, 54 in 1:04-cv-05423-SAS, 25 in 1:06-cv-05917-SAS, 25 in 1:06-cv-05953-SAS, 73 in 1:03-cv-10051-SAS, 70 in 1:04-cv-04970-SAS, 35 in 1:05-cv-09070-SAS, 76 in 1:04-cv-01719-SAS, 49 in 1:04-cv-03413-SAS, 39 in 1:04-cv-04971-SAS, 74 in 1:04-cv-02388-SAS, 25 in 1:06-cv-05922-SAS, 41 in 1:04-cv-04973-SAS, 67 in 1:04-cv-03418-SAS, 52 in 1:04-cv-03420-SAS, 26 in 1:06-cv-05956-SAS, 89 in 1:07-cv-02407-SAS, 31 in 1:06-cv-03752-SAS, 44 in 1:04-cv-02067-SAS, 26 in 1:06-cv-05905-SAS, 25 in 1:06-cv-05920-SAS, 26 in 1:06-cv-05931-SAS, 25 in 1:06-cv-05943-SAS, 74 in 1:03-cv-10055-SAS, 25 in 1:06-cv-05915-SAS, 26 in 1:06-cv-05959-SAS, 25 in 1:06-cv-05946-SAS, 41 in 1:04-cv-02055-SAS, 41 in 1:08-cv-00278-SAS, 79 in 1:04-cv-01725-SAS, 269 in 1:04-cv-05424-SAS, 26 in 1:06-cv-05901-SAS, 26 in 1:07-cv-09453-SAS, 89 in 1:07-cv-02403-SAS, 51 in 1:04-cv-01722-SAS, 26 in 1:06-cv-05913-SAS, 33 in 1:07-cv-04011-SAS, 50 in 1:08-cv-07766-SAS, 25 in 1:06-cv-05924-SAS, 25 in 1:06-cv-05928-SAS, 31 in 1:06-cv-03754-SAS, 49 in 1:04-cv-01723-SAS, 77 in 1:04-cv-03417-SAS, 26 in 1:06-cv-05950-SAS, 26 in 1:06-cv-05940-SAS, 53 in 1:04-cv-04969-SAS, 75 in 1:04-cv-01721-SAS, 68 in 1:04-cv-01716-SAS, 28 in 1:08-cv-06306-SAS, 25 in 1:06-cv-05933-SAS, 2291 in 1:00-cv-01898-SAS-DCF, 101 in 1:04-cv-02389-SAS, 40 in 1:04-cv-01724-SAS, 26 in 1:06-cv-05906-SAS, 55 in 1:04-cv-01726-SAS, 79 in 1:04-cv-01720-SAS, 26 in 1:06-cv-05927-SAS, 48 in 1:04-cv-02061-SAS, 26 in 1:06-cv-05907-SAS, 25 in 1:06-cv-05951-SAS, 34 in 1:07-cv-04009-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
March 6, 2009 Opinion or Order Filing 76 ORDER, the Clerk of Court is directed to close the following motions in 04-3417: #34,52. In addition, the Clerk of Court is directed to close the following motions, for which there is no docket number: (a) Motion to dismiss, filed on 1/23/06 by ExxonMobil Corp and (b) Motion for Joiner, filed on 5/8/07 by Giant Yorktown, Inc. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 6, 2009 Opinion or Order Filing 75 ORDER the Clerk of Court is directed to close the following motions on the master docket for MDL 1358, No. 00-1898: #1841, 1971, 1976, 1981, 1984, 1986, 1988, 1990, 1992, 2056, 2057, 2078, 2067, 2078, 2100, 2109, 2127, and 2200. (Signed by Judge Shira A. Scheindlin on 3/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
February 25, 2009 Opinion or Order Filing 74 ORDER ADMITTING ATTORNEY COUNSEL PRO HAC VICE that Debra S. Rosen, is hereby admitted to practice before this Court pro hac vice of Archer & Greiner, PC to represent third-party witness Leggett, Brashears & Graham in this civil action upon the deposit of the required $25.00 fee per applicant to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 2/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
February 25, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (52 in 1:04-cv-05423-SAS, 23 in 1:06-cv-05960-SAS, 181 in 1:03-cv-08248-SAS, 37 in 1:04-cv-04990-SAS, 66 in 1:04-cv-01716-SAS, 31 in 1:08-cv-07766-SAS, 53 in 1:04-cv-05422-SAS, 33 in 1:05-cv-04018-SAS, 73 in 1:04-cv-01721-SAS, 23 in 1:06-cv-05928-SAS, 32 in 1:08-cv-07764-SAS, 34 in 1:06-cv-03741-SAS, 25 in 1:05-cv-10259-SAS, 27 in 1:07-cv-08360-SAS, 85 in 1:04-cv-04968-SAS, 68 in 1:04-cv-04970-SAS, 23 in 1:06-cv-05945-SAS, 71 in 1:03-cv-10051-SAS, 24 in 1:06-cv-05911-SAS, 24 in 1:06-cv-05931-SAS, 37 in 1:04-cv-04971-SAS, 32 in 1:06-cv-01381-SAS, 90 in 1:04-cv-04972-SAS, 23 in 1:06-cv-10205-SAS, 267 in 1:04-cv-05424-SAS, 39 in 1:04-cv-02055-SAS, 23 in 1:06-cv-05952-SAS, 29 in 1:06-cv-03752-SAS, 24 in 1:06-cv-05938-SAS, 77 in 1:04-cv-01720-SAS, 23 in 1:06-cv-05946-SAS, 23 in 1:06-cv-05958-SAS, 23 in 1:06-cv-05948-SAS, 25 in 1:08-cv-06306-SAS, 68 in 1:04-cv-01718-SAS, 52 in 1:04-cv-01726-SAS, 29 in 1:05-cv-01310-SAS, 23 in 1:06-cv-05915-SAS, 23 in 1:06-cv-05922-SAS, 53 in 1:07-cv-10470-SAS, 24 in 1:06-cv-05925-SAS, 24 in 1:06-cv-05901-SAS, 23 in 1:06-cv-05933-SAS, 53 in 1:04-cv-01727-SAS, 93 in 1:07-cv-02405-SAS, 59 in 1:04-cv-06993-SAS, 77 in 1:04-cv-01725-SAS, 33 in 1:05-cv-09070-SAS, 38 in 1:04-cv-01724-SAS, 29 in 1:06-cv-03750-SAS, 23 in 1:06-cv-05924-SAS, 37 in 1:04-cv-04973-SAS, 31 in 1:07-cv-04011-SAS, 47 in 1:04-cv-01723-SAS, 38 in 1:06-cv-03753-SAS, 50 in 1:04-cv-03420-SAS, 47 in 1:04-cv-03419-SAS, 36 in 1:04-cv-02057-SAS, 51 in 1:04-cv-04969-SAS, 71 in 1:03-cv-10052-SAS, 31 in 1:07-cv-04012-SAS, 24 in 1:06-cv-05959-SAS, 23 in 1:06-cv-05953-SAS, 24 in 1:06-cv-01379-SAS, 23 in 1:06-cv-05961-SAS, 72 in 1:04-cv-02388-SAS, 45 in 1:08-cv-00312-SAS, 22 in 1:06-cv-05916-SAS, 25 in 1:06-cv-05903-SAS, 23 in 1:06-cv-05930-SAS, 24 in 1:06-cv-05940-SAS, 70 in 1:03-cv-10053-SAS, 47 in 1:04-cv-02066-SAS, 23 in 1:06-cv-05921-SAS, 72 in 1:03-cv-10055-SAS, 69 in 1:04-cv-02053-SAS, 23 in 1:06-cv-05917-SAS, 42 in 1:04-cv-02067-SAS, 54 in 1:04-cv-02072-SAS, 47 in 1:04-cv-02059-SAS, 25 in 1:06-cv-00877-SAS, 24 in 1:06-cv-05962-SAS, 57 in 1:04-cv-02070-SAS, 90 in 1:03-cv-09543-SAS, 49 in 1:04-cv-01722-SAS, 74 in 1:04-cv-03417-SAS, 53 in 1:04-cv-03416-SAS, 46 in 1:04-cv-03415-SAS, 85 in 1:03-cv-09544-SAS, 23 in 1:06-cv-05920-SAS, 29 in 1:07-cv-06848-SAS, 23 in 1:06-cv-05919-SAS, 87 in 1:07-cv-02406-SAS, 71 in 1:03-cv-10056-SAS, 47 in 1:04-cv-03413-SAS, 65 in 1:04-cv-03418-SAS, 87 in 1:07-cv-02403-SAS, 24 in 1:06-cv-05956-SAS, 57 in 1:06-cv-05496-SAS, 24 in 1:06-cv-05942-SAS, 24 in 1:06-cv-05963-SAS, 209 in 1:03-cv-09050-SAS, 23 in 1:06-cv-05954-SAS, 29 in 1:06-cv-03754-SAS, 53 in 1:04-cv-04974-SAS, 23 in 1:06-cv-05947-SAS, 48 in 1:04-cv-03412-SAS, 23 in 1:06-cv-05937-SAS, 38 in 1:08-cv-00278-SAS, 24 in 1:06-cv-05949-SAS, 24 in 1:06-cv-05913-SAS, 2274 in 1:00-cv-01898-SAS-DCF, 49 in 1:04-cv-04975-SAS, 24 in 1:06-cv-05955-SAS, 24 in 1:06-cv-05932-SAS, 29 in 1:06-cv-03742-SAS, 32 in 1:07-cv-04009-SAS, 23 in 1:06-cv-05943-SAS, 24 in 1:07-cv-09453-SAS, 49 in 1:04-cv-02060-SAS, 24 in 1:06-cv-05905-SAS, 24 in 1:06-cv-05906-SAS, 99 in 1:04-cv-02389-SAS, 24 in 1:06-cv-05902-SAS, 74 in 1:04-cv-01719-SAS, 23 in 1:06-cv-05914-SAS, 24 in 1:06-cv-05907-SAS, 24 in 1:06-cv-05927-SAS, 87 in 1:07-cv-02407-SAS, 24 in 1:06-cv-05957-SAS, 24 in 1:06-cv-05939-SAS, 55 in 1:04-cv-02068-SAS, 23 in 1:06-cv-05951-SAS, 72 in 1:03-cv-10057-SAS, 37 in 1:04-cv-02056-SAS, 23 in 1:06-cv-05941-SAS, 71 in 1:04-cv-02390-SAS, 51 in 1:04-cv-05421-SAS, 24 in 1:06-cv-05912-SAS, 24 in 1:06-cv-05923-SAS, 29 in 1:06-cv-03751-SAS, 46 in 1:04-cv-02062-SAS, 4 in 1:09-cv-01419-SAS, 46 in 1:04-cv-02061-SAS, 23 in 1:06-cv-05926-SAS, 24 in 1:06-cv-05950-SAS, 69 in 1:03-cv-10054-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
February 23, 2009 Filing 73 CASE MANAGEMENT PLAN #48: re rulings of the 1/15/09 status conference. In the City of NY case, the City will select 200 log entries from Shell's Phase 2 attorney-client privilege logs. In all cases in which either Lyondell or Equistar is a defendant, the parties may submit briefing on (a) whether these defendants, who recently filed suggestions of bankruptcy, are immune to suit in light of the automatic bankruptcy stay and (b) whether the district court has jurisdiction to resolve this issue. On the jurisdictional issue, the parties shall file simultaneous briefs by 1/30/09, and responses by 2/16/09. On the merits issue, the plaintiffs shall submit moving papers by 2/6/09, the defendants shall respond by 2/27/09, and the plaintiffs' reply is due by 3/6/09....The next status conference is scheduled for 2/26/09 at 4:30 pm. Motion due by 2/6/2009. Response due by 2/27/2009. Reply due by 3/6/2009. Status Conference set for 2/26/2009 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 2/23/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
February 20, 2009 Filing 72 NOTICE OF APPEARANCE by Grace Leigh Chan on behalf of El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Oil Company, El Paso Merchant Energy-Petroleum Company, El Paso Merchant Energy-Petroleum Company, El Paso Merchant Energy-Petroleum Company, Coastal Eagle Point Company, El Paso Merchant Energy -Petroleum Company, El Paso Merchant Energy Petroleum Company, El Paso Merchant Energy-Petroleum Company, El Paso Merchant Energey-Petroleum Company, El Paso Merchant Energy-Petroleum Company, El Paso Merchant Energy -Petroleum Company, El Paso Merchant Energy- Petroleum Company, Coastal Eagle Piont Oil Company Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Chan, Grace)
February 19, 2009 Opinion or Order Filing 71 ORDER ADMITTING COUNSEL PRO HAC VICE. Attorney Daniel A. Eisenberg for Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc (R&M), Sunoco, Inc., Sunoco Inc R & M, Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco (R&M), Sunoco, Inc., Sunoco Inc,, Sunoco Inc R & M, Sunoco, Inc., Sunoco, Inc. (R & M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc (R&M), Sunoco, Inc., Sunoco, Inc (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), SFPP, L.P., Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco, Inc. and Sunoco, Inc. (R&M) admitted Pro Hac Vice, upon the deposit of the required $25 fee to the Clerk of this Court. (Signed by Judge Shira A. Scheindlin on 2/19/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
February 19, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (21 in 1:06-cv-05927-SAS, 87 in 1:03-cv-09543-SAS, 21 in 1:06-cv-05963-SAS, 178 in 1:03-cv-08248-SAS, 49 in 1:04-cv-01726-SAS, 20 in 1:06-cv-05937-SAS, 50 in 1:04-cv-04974-SAS, 22 in 1:05-cv-10259-SAS, 70 in 1:04-cv-01721-SAS, 66 in 1:04-cv-02053-SAS, 26 in 1:05-cv-01310-SAS, 65 in 1:04-cv-04970-SAS, 74 in 1:04-cv-01725-SAS, 44 in 1:04-cv-03413-SAS, 264 in 1:04-cv-05424-SAS, 46 in 1:04-cv-02060-SAS, 20 in 1:06-cv-05941-SAS, 21 in 1:06-cv-05902-SAS, 50 in 1:04-cv-05422-SAS, 19 in 1:06-cv-05916-SAS, 21 in 1:06-cv-05950-SAS, 20 in 1:06-cv-05930-SAS, 26 in 1:06-cv-03751-SAS, 30 in 1:05-cv-09070-SAS, 39 in 1:04-cv-02067-SAS, 84 in 1:07-cv-02403-SAS, 20 in 1:06-cv-05917-SAS, 44 in 1:04-cv-02066-SAS, 21 in 1:06-cv-01379-SAS, 69 in 1:03-cv-10055-SAS, 51 in 1:04-cv-02072-SAS, 43 in 1:04-cv-02062-SAS, 34 in 1:04-cv-04973-SAS, 50 in 1:04-cv-03416-SAS, 21 in 1:06-cv-05940-SAS, 28 in 1:07-cv-04012-SAS, 44 in 1:04-cv-02059-SAS, 21 in 1:06-cv-05939-SAS, 87 in 1:04-cv-04972-SAS, 20 in 1:06-cv-10205-SAS, 20 in 1:06-cv-05926-SAS, 21 in 1:06-cv-05931-SAS, 44 in 1:04-cv-03419-SAS, 52 in 1:04-cv-02068-SAS, 34 in 1:04-cv-02056-SAS, 28 in 1:08-cv-07766-SAS, 36 in 1:04-cv-02055-SAS, 20 in 1:06-cv-05948-SAS, 21 in 1:06-cv-05905-SAS, 20 in 1:06-cv-05961-SAS, 29 in 1:07-cv-04009-SAS, 21 in 1:06-cv-05907-SAS, 20 in 1:06-cv-05952-SAS, 20 in 1:06-cv-05922-SAS, 43 in 1:04-cv-03415-SAS, 21 in 1:06-cv-05913-SAS, 21 in 1:06-cv-05932-SAS, 30 in 1:05-cv-04018-SAS, 20 in 1:06-cv-05953-SAS, 20 in 1:06-cv-05933-SAS, 54 in 1:04-cv-02070-SAS, 21 in 1:06-cv-05901-SAS, 20 in 1:06-cv-05943-SAS, 33 in 1:04-cv-02057-SAS, 46 in 1:04-cv-04975-SAS, 20 in 1:06-cv-05960-SAS, 2271 in 1:00-cv-01898-SAS-DCF, 68 in 1:03-cv-10056-SAS, 48 in 1:04-cv-04969-SAS, 21 in 1:06-cv-05911-SAS, 84 in 1:07-cv-02407-SAS, 21 in 1:06-cv-05938-SAS, 26 in 1:06-cv-03742-SAS, 63 in 1:04-cv-01716-SAS, 21 in 1:07-cv-09453-SAS, 71 in 1:04-cv-03417-SAS, 26 in 1:07-cv-06848-SAS, 20 in 1:06-cv-05921-SAS, 65 in 1:04-cv-01718-SAS, 20 in 1:06-cv-05914-SAS, 42 in 1:08-cv-00312-SAS, 29 in 1:08-cv-07764-SAS, 28 in 1:07-cv-04011-SAS, 21 in 1:06-cv-05956-SAS, 74 in 1:04-cv-01720-SAS, 20 in 1:06-cv-05945-SAS, 46 in 1:04-cv-01722-SAS, 69 in 1:04-cv-02388-SAS, 20 in 1:06-cv-05946-SAS, 66 in 1:03-cv-10054-SAS, 68 in 1:03-cv-10052-SAS, 20 in 1:06-cv-05919-SAS, 21 in 1:06-cv-05962-SAS, 82 in 1:03-cv-09544-SAS, 50 in 1:07-cv-10470-SAS, 62 in 1:04-cv-03418-SAS, 96 in 1:04-cv-02389-SAS, 84 in 1:07-cv-02406-SAS, 90 in 1:07-cv-02405-SAS, 44 in 1:04-cv-01723-SAS, 22 in 1:06-cv-00877-SAS, 35 in 1:08-cv-00278-SAS, 20 in 1:06-cv-05928-SAS, 54 in 1:06-cv-05496-SAS, 35 in 1:04-cv-01724-SAS, 49 in 1:04-cv-05423-SAS, 24 in 1:07-cv-08360-SAS, 43 in 1:04-cv-02061-SAS, 56 in 1:04-cv-06993-SAS, 20 in 1:06-cv-05951-SAS, 20 in 1:06-cv-05958-SAS, 48 in 1:04-cv-05421-SAS, 29 in 1:06-cv-01381-SAS, 67 in 1:03-cv-10053-SAS, 21 in 1:06-cv-05912-SAS, 82 in 1:04-cv-04968-SAS, 26 in 1:06-cv-03750-SAS, 68 in 1:04-cv-02390-SAS, 20 in 1:06-cv-05915-SAS, 20 in 1:06-cv-05920-SAS, 26 in 1:06-cv-03752-SAS, 34 in 1:04-cv-04990-SAS, 34 in 1:04-cv-04971-SAS, 21 in 1:06-cv-05942-SAS, 20 in 1:06-cv-05947-SAS, 21 in 1:06-cv-05923-SAS, 206 in 1:03-cv-09050-SAS, 68 in 1:03-cv-10051-SAS, 21 in 1:06-cv-05957-SAS, 69 in 1:03-cv-10057-SAS, 21 in 1:06-cv-05949-SAS, 31 in 1:06-cv-03741-SAS, 22 in 1:06-cv-05903-SAS, 35 in 1:06-cv-03753-SAS, 50 in 1:04-cv-01727-SAS, 21 in 1:06-cv-05959-SAS, 26 in 1:06-cv-03754-SAS, 71 in 1:04-cv-01719-SAS, 20 in 1:06-cv-05924-SAS, 21 in 1:06-cv-05955-SAS, 45 in 1:04-cv-03412-SAS, 21 in 1:06-cv-05906-SAS, 21 in 1:06-cv-05925-SAS, 47 in 1:04-cv-03420-SAS, 22 in 1:08-cv-06306-SAS, 20 in 1:06-cv-05954-SAS) Order Admitting Attorney Pro Hac Vice,,,,,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
February 13, 2009 Opinion or Order Filing 70 CASE MANAGEMENT PLAN No. 47: Dispositive Motions due by 4/20/2009. Responses due by 5/4/2009 Replies due by 5/11/2009. Expert Discovery due by 4/13/2009, see document for other deadlines. Joint Pretrial Order due by 6/1/2009. (Signed by Judge Shira A. Scheindlin on 2/11/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
February 12, 2009 Filing 69 RESPONSE to Defendants' Objection to Focus Well Trial Plan and Request for Single Trial of All Wells at Issue. Document filed by City of NY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
February 11, 2009 Opinion or Order Filing 68 ORDER that the deadline for defendants Ultramar Ltd or Ultramar Energy to file a summary judgment motion not requiring expert evidence is hereby extended from 1/19/09 to 3/9/09. ( Motion due by 3/9/2009.) (Signed by Judge Shira A. Scheindlin on 2/9/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
January 31, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (5 in 1:06-cv-05911-SAS, 23 in 1:04-cv-04975-SAS, 28 in 1:04-cv-01722-SAS, 4 in 1:06-cv-05930-SAS, 5 in 1:06-cv-05962-SAS, 52 in 1:03-cv-10057-SAS, 76 in 1:04-cv-02389-SAS, 4 in 1:06-cv-05943-SAS, 11 in 1:06-cv-03741-SAS, 28 in 1:04-cv-05421-SAS, 5 in 1:06-cv-05938-SAS, 67 in 1:03-cv-09050-SAS, 50 in 1:04-cv-01721-SAS, 5 in 1:06-cv-05927-SAS, 28 in 1:04-cv-02060-SAS, 17 in 1:04-cv-01724-SAS, 25 in 1:04-cv-02062-SAS, 4 in 1:06-cv-05948-SAS, 51 in 1:03-cv-10051-SAS, 11 in 1:08-cv-00312-SAS, 4 in 1:06-cv-05961-SAS, 25 in 1:04-cv-03419-SAS, 46 in 1:04-cv-03417-SAS, 4 in 1:06-cv-05937-SAS, 8 in 1:07-cv-04009-SAS, 5 in 1:06-cv-05925-SAS, 2 in 1:08-cv-06306-SAS, 50 in 1:03-cv-10056-SAS, 32 in 1:04-cv-02068-SAS, 4 in 1:06-cv-05951-SAS, 5 in 1:06-cv-05913-SAS, 33 in 1:06-cv-05496-SAS, 51 in 1:04-cv-01719-SAS, 5 in 1:06-cv-05949-SAS, 4 in 1:06-cv-05926-SAS, 4 in 1:06-cv-05920-SAS, 29 in 1:04-cv-03420-SAS, 16 in 1:04-cv-02056-SAS, 35 in 1:04-cv-02070-SAS, 62 in 1:03-cv-09544-SAS, 5 in 1:06-cv-05956-SAS, 16 in 1:06-cv-03753-SAS, 5 in 1:06-cv-05907-SAS, 6 in 1:05-cv-10259-SAS, 4 in 1:06-cv-05914-SAS, 47 in 1:04-cv-01716-SAS, 4 in 1:06-cv-05945-SAS, 5 in 1:06-cv-05912-SAS, 30 in 1:04-cv-03416-SAS, 27 in 1:04-cv-04974-SAS, 76 in 1:03-cv-08248-SAS, 8 in 1:06-cv-03750-SAS, 23 in 1:04-cv-03415-SAS, 5 in 1:06-cv-05942-SAS, 6 in 1:06-cv-00877-SAS, 8 in 1:07-cv-04011-SAS, 4 in 1:06-cv-05916-SAS, 27 in 1:04-cv-03412-SAS, 4 in 1:06-cv-05922-SAS, 5 in 1:07-cv-08360-SAS, 63 in 1:04-cv-04972-SAS, 43 in 1:04-cv-03418-SAS, 8 in 1:06-cv-03751-SAS, 30 in 1:04-cv-01727-SAS, 16 in 1:04-cv-04990-SAS, 61 in 1:04-cv-04968-SAS, 4 in 1:06-cv-05958-SAS, 9 in 1:06-cv-01381-SAS, 8 in 1:08-cv-00278-SAS, 5 in 1:06-cv-05939-SAS, 5 in 1:07-cv-06848-SAS, 5 in 1:06-cv-05932-SAS, 10 in 1:05-cv-09070-SAS, 19 in 1:07-cv-10470-SAS, 26 in 1:04-cv-01723-SAS, 3 in 1:07-cv-09453-SAS, 5 in 1:06-cv-05957-SAS, 4 in 1:06-cv-05928-SAS, 48 in 1:04-cv-02390-SAS, 50 in 1:03-cv-10055-SAS, 30 in 1:04-cv-05422-SAS, 5 in 1:06-cv-05923-SAS, 25 in 1:04-cv-04969-SAS, 50 in 1:03-cv-10053-SAS, 66 in 1:07-cv-02405-SAS, 26 in 1:04-cv-02059-SAS, 5 in 1:06-cv-05955-SAS, 54 in 1:04-cv-01720-SAS, 28 in 1:04-cv-02066-SAS, 4 in 1:06-cv-05915-SAS, 18 in 1:04-cv-02055-SAS, 4 in 1:06-cv-05941-SAS, 45 in 1:04-cv-01718-SAS, 8 in 1:07-cv-04012-SAS, 49 in 1:03-cv-10052-SAS, 8 in 1:06-cv-03754-SAS, 8 in 1:06-cv-03742-SAS, 49 in 1:03-cv-10054-SAS, 36 in 1:04-cv-06993-SAS, 5 in 1:06-cv-05931-SAS, 23 in 1:04-cv-02067-SAS, 4 in 1:06-cv-05917-SAS, 4 in 1:06-cv-05953-SAS, 5 in 1:06-cv-05901-SAS, 8 in 1:06-cv-03752-SAS, 36 in 1:04-cv-02053-SAS, 5 in 1:06-cv-05959-SAS, 29 in 1:04-cv-05423-SAS, 5 in 1:06-cv-05963-SAS, 26 in 1:04-cv-03413-SAS, 49 in 1:04-cv-02388-SAS, 16 in 1:04-cv-04973-SAS, 4 in 1:06-cv-05946-SAS, 6 in 1:06-cv-05903-SAS, 15 in 1:04-cv-02057-SAS, 4 in 1:06-cv-05952-SAS, 5 in 1:06-cv-05950-SAS, 4 in 1:06-cv-05947-SAS, 4 in 1:06-cv-05933-SAS, 17 in 1:04-cv-04971-SAS, 4 in 1:06-cv-05954-SAS, 4 in 1:06-cv-05919-SAS, 67 in 1:03-cv-09543-SAS, 5 in 1:06-cv-05902-SAS, 4 in 1:06-cv-05924-SAS, 243 in 1:04-cv-05424-SAS, 10 in 1:05-cv-04018-SAS, 42 in 1:04-cv-04970-SAS, 4 in 1:06-cv-05960-SAS, 29 in 1:04-cv-01726-SAS, 26 in 1:04-cv-02061-SAS, 54 in 1:04-cv-01725-SAS, 1962 in 1:00-cv-01898-SAS-DCF, 5 in 1:06-cv-05906-SAS, 4 in 1:06-cv-05921-SAS, 5 in 1:06-cv-01379-SAS, 5 in 1:06-cv-05905-SAS, 32 in 1:04-cv-02072-SAS, 5 in 1:06-cv-05940-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo)
January 31, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: (6 in 1:07-cv-06848-SAS, 5 in 1:06-cv-05915-SAS, 9 in 1:06-cv-03751-SAS, 9 in 1:08-cv-00278-SAS, 5 in 1:06-cv-05941-SAS, 10 in 1:06-cv-01381-SAS, 5 in 1:06-cv-05945-SAS, 5 in 1:06-cv-05919-SAS, 52 in 1:03-cv-10051-SAS, 37 in 1:04-cv-06993-SAS, 11 in 1:05-cv-09070-SAS, 55 in 1:04-cv-01720-SAS, 49 in 1:04-cv-02390-SAS, 17 in 1:04-cv-02056-SAS, 5 in 1:06-cv-05961-SAS, 24 in 1:04-cv-02067-SAS, 17 in 1:04-cv-04973-SAS, 9 in 1:06-cv-03750-SAS, 27 in 1:04-cv-01723-SAS, 5 in 1:06-cv-05947-SAS, 67 in 1:07-cv-02405-SAS, 24 in 1:04-cv-04975-SAS, 9 in 1:06-cv-03752-SAS, 3 in 1:08-cv-06306-SAS, 5 in 1:06-cv-05937-SAS, 6 in 1:06-cv-05938-SAS, 68 in 1:03-cv-09050-SAS, 24 in 1:04-cv-03415-SAS, 6 in 1:06-cv-05923-SAS, 26 in 1:04-cv-02062-SAS, 55 in 1:04-cv-01725-SAS, 6 in 1:06-cv-05962-SAS, 28 in 1:04-cv-03412-SAS, 50 in 1:03-cv-10054-SAS, 4 in 1:07-cv-09453-SAS, 26 in 1:04-cv-04969-SAS, 6 in 1:06-cv-05963-SAS, 6 in 1:06-cv-05949-SAS, 47 in 1:04-cv-03417-SAS, 51 in 1:03-cv-10055-SAS, 5 in 1:06-cv-05926-SAS, 31 in 1:04-cv-05422-SAS, 20 in 1:07-cv-10470-SAS, 6 in 1:06-cv-01379-SAS, 30 in 1:04-cv-05423-SAS, 43 in 1:04-cv-04970-SAS, 12 in 1:08-cv-00312-SAS, 5 in 1:06-cv-05954-SAS, 62 in 1:04-cv-04968-SAS, 6 in 1:06-cv-05956-SAS, 5 in 1:06-cv-05953-SAS, 6 in 1:06-cv-05932-SAS, 17 in 1:04-cv-04990-SAS, 6 in 1:06-cv-05931-SAS, 1963 in 1:00-cv-01898-SAS-DCF, 7 in 1:06-cv-05903-SAS, 77 in 1:04-cv-02389-SAS, 46 in 1:04-cv-01718-SAS, 5 in 1:06-cv-05920-SAS, 37 in 1:04-cv-02053-SAS, 6 in 1:06-cv-05907-SAS, 6 in 1:06-cv-05902-SAS, 34 in 1:06-cv-05496-SAS, 6 in 1:06-cv-05940-SAS, 5 in 1:06-cv-05958-SAS, 29 in 1:04-cv-02066-SAS, 5 in 1:06-cv-05914-SAS, 5 in 1:06-cv-05952-SAS, 30 in 1:04-cv-03420-SAS, 5 in 1:06-cv-05924-SAS, 51 in 1:04-cv-01721-SAS, 6 in 1:06-cv-05942-SAS, 63 in 1:03-cv-09544-SAS, 16 in 1:04-cv-02057-SAS, 27 in 1:04-cv-03413-SAS, 27 in 1:04-cv-02059-SAS, 26 in 1:04-cv-03419-SAS, 52 in 1:04-cv-01719-SAS, 33 in 1:04-cv-02068-SAS, 6 in 1:06-cv-05901-SAS, 19 in 1:04-cv-02055-SAS, 5 in 1:06-cv-05951-SAS, 5 in 1:06-cv-05922-SAS, 31 in 1:04-cv-01727-SAS, 33 in 1:04-cv-02072-SAS, 7 in 1:06-cv-00877-SAS, 6 in 1:06-cv-05911-SAS, 44 in 1:04-cv-03418-SAS, 5 in 1:06-cv-05916-SAS, 6 in 1:06-cv-05913-SAS, 6 in 1:06-cv-05925-SAS, 17 in 1:06-cv-03753-SAS, 7 in 1:05-cv-10259-SAS, 51 in 1:03-cv-10056-SAS, 30 in 1:04-cv-01726-SAS, 36 in 1:04-cv-02070-SAS, 18 in 1:04-cv-04971-SAS, 5 in 1:06-cv-05960-SAS, 5 in 1:06-cv-05928-SAS, 68 in 1:03-cv-09543-SAS, 29 in 1:04-cv-02060-SAS, 6 in 1:06-cv-05905-SAS, 50 in 1:03-cv-10052-SAS, 11 in 1:05-cv-04018-SAS, 64 in 1:04-cv-04972-SAS, 29 in 1:04-cv-01722-SAS, 5 in 1:06-cv-05948-SAS, 6 in 1:06-cv-05906-SAS, 51 in 1:03-cv-10053-SAS, 50 in 1:04-cv-02388-SAS, 9 in 1:06-cv-03754-SAS, 9 in 1:07-cv-04011-SAS, 27 in 1:04-cv-02061-SAS, 6 in 1:06-cv-05927-SAS, 6 in 1:06-cv-05955-SAS, 5 in 1:06-cv-05943-SAS, 9 in 1:07-cv-04009-SAS, 6 in 1:06-cv-05939-SAS, 6 in 1:06-cv-05959-SAS, 48 in 1:04-cv-01716-SAS, 5 in 1:06-cv-05933-SAS, 29 in 1:04-cv-05421-SAS, 5 in 1:06-cv-05917-SAS, 9 in 1:07-cv-04012-SAS, 6 in 1:07-cv-08360-SAS, 5 in 1:06-cv-05946-SAS, 53 in 1:03-cv-10057-SAS, 244 in 1:04-cv-05424-SAS, 18 in 1:04-cv-01724-SAS, 5 in 1:06-cv-05921-SAS, 6 in 1:06-cv-05957-SAS, 77 in 1:03-cv-08248-SAS, 5 in 1:06-cv-05930-SAS, 31 in 1:04-cv-03416-SAS, 28 in 1:04-cv-04974-SAS, 6 in 1:06-cv-05912-SAS, 12 in 1:06-cv-03741-SAS, 6 in 1:06-cv-05950-SAS, 9 in 1:06-cv-03742-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo)
January 23, 2009 Filing 67 AMENDED ANSWER to (1 in 1:08-cv-07766-SAS) Complaint,,,,,,, (1 in 1:07-cv-02405-SAS) Complaint,,,,,, (1 in 1:07-cv-02406-SAS) Complaint,,,,,, (1 in 1:08-cv-07764-SAS) Complaint,,,,,,, (1 in 1:07-cv-02407-SAS) Complaint,,,,,, (1 in 1:07-cv-02403-SAS) Complaint,,,,,, (1 in 1:08-cv-00278-SAS) Complaint,,,,,,. Document filed by Huntsman Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Edwards, Sarah)
January 13, 2009 Filing 66 CASE MANAGEMENT PLAN #46: In the City of NY case, employees of the parties who will testify as experts must be disclosed at the same time as other experts. If the employees are not retained under Rule 26, they do not need to furnish an expert report. In the Orange County case, the three plumes that plaintiffs dismissed from defendants' selection of ten focus plumes are dismissed without prejudice because the claims relating to those plumes are not ripe. Plaintiffs will not dismiss all claims relating to the seven remaining plumes on defendants' list. Defendants will select three more focus plumes by 12/19/08 and plaintiffs will inform defendants by 1/7/09 whether plaintiffs' claims relating to the selected plumes are ripe. In the New Jersey case, the parties will provide discovery of all readily available electronic data by 2/6/09, including all electronically stored site file information. Because no "focus plumes" have been selected, this discovery is statewide. Plaintiffs may not redact information in the site files relating to tests for other contaminants. The next status conference is scheduled for 1/15/09 at 10:30 am. The following status conference is scheduled for 2/26/09 at 4:30 pm. Status Conference set for 2/26/2009 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 1/13/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
January 9, 2009 Filing 65 SUGGESTION OF BANKRUPTCY upon the record as to Lyondell Chemical Company and Equistar Chemicals, LP. Document filed by Equistar Chemicals, L.P.,, Lyondell Chemical Company,, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Equistar Chemicals, LP, Lyondell Chemical Company,, Equistar Chemicals, LP, Equistar Chemicals, L.P., Lyondell Chemical Co., Lyondell Chemical Co., Equistar Chemicals L.P., Lyondell Chemical Co., Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Company, Lyondell Chemical Co., Lyondell Chemical Company, Lyondell Chemical Co, Equistar Chemicals, LP, Lyondell Chemical Company, Lyondell Chemical Corporation, 7-Eleven, Inc.,, Equistar Chemicals,L.P., Lyondell Ccemical Company, Equistar Chemicals, L.P., Lyondell Chemical Company, Equistar Chemicals LP, Lyondell Chemical Company, Lyondell Chemical Company, Equistar Chemicals, LP, Lynondell Chemical CompanyAssociated Cases: 1:00-cv-01898-SAS-DCF et al.(Paz, Inbal)
December 10, 2008 Opinion or Order Filing 64 ORDER TO ADMIT NICHOLAS G. CAMPINS AND MARNIE E. RIDDLE AS COUNSEL PRO HAC VICE, Nicholas G. Campins and Marnie E. Riddle PRO HAC VICE are admitted on behalf of The City of New York, the City of Riverside, Quincy Community Services District, California-American Water Company, M & P Silver Family Partners II, and the State of New Mexico. (Signed by Judge Shira A. Scheindlin on 12/10/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
December 10, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (61 in 1:04-cv-04970-SAS, 49 in 1:06-cv-05496-SAS, 42 in 1:04-cv-04975-SAS, 44 in 1:04-cv-04969-SAS, 46 in 1:04-cv-04974-SAS, 64 in 1:04-cv-03417-SAS, 2183 in 1:00-cv-01898-SAS-DCF) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
December 8, 2008 Opinion or Order Filing 63 PRETRIAL ORDER NO. (APPLICATION OF REVISED CONFIDENTIALITY ORDER TO PRODUCTION OF DOCUMENTS OR THINGS PURSUANT TO THE PIPELINE SUBPOENAS): It is hereby ORDERED that the provisions of the Revised Confidentiality Order ("RCO") entered by the Court on September 24, 2004, as amended by Stipulation and Order entered by the Court on December 1, 2008, in In Re MTBE Products Liability Litigation, MDL No. 1358, (Exhibit A), regarding the production and disclosure of confidential documents, information or other things shall apply to the documents, information or other things produced or disclosed by pipeline companies in response to any of the Subpoenaed Parties pursuant to the terms set forth below: (1) Any documents, information or other things produced or disclosed by the Subpoenaed Parties pursuant to the Pipeline Subpoenas may be produced or disclosed with the Confidentiality Designations set forth in the RCO (i. e., "CONFIDENTIAL (per 2004 MDL 1358 Order)" or "CONFIDENTIAL MATERIALS (per 2004 MDL 1358 Order) -- FOR OUTSIDE COUNSEL ONLY") where such documents, information or other things are subject to limitations on disclosure pursuant to Section 15(13) of the Interstate Commerce Act or otherwise contain a trade secret or other confidential research, development or commercial information as those terms are used in Rule 26(c)(7) of the Federal Rules of Civil Procedure, including but not limited to the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to such common carrier pipelines for interstate transportation; (2) The Subpoenaed Parties need not abide by those portions of the RCO relating to "Approved Copying Service[s]," provided that the Subpoenaed Parties and the Parties issuing Subpoenas make alternate, mutually agreeable arrangements for the copying of documents or things produced or disclosed pursuant to the Pipeline Subpoenas; and (3) The terms of this Order and the RCO with respect to any documents, information or other things produced or disclosed by the Subpoenaed Parties pursuant to the Pipeline Subpoenas shall be binding upon all parties to the above-captioned action and any other persons who have agreed to be bound by the RCO. (Signed by Judge Shira A. Scheindlin on 12/8/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
December 2, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (40 in 1:04-cv-02059-SAS, 65 in 1:04-cv-01721-SAS, 17 in 1:06-cv-05953-SAS, 22 in 1:06-cv-03751-SAS, 17 in 1:06-cv-05920-SAS, 17 in 1:06-cv-05933-SAS, 18 in 1:06-cv-05957-SAS, 18 in 1:06-cv-05906-SAS, 42 in 1:04-cv-01722-SAS, 17 in 1:06-cv-05922-SAS, 41 in 1:04-cv-03412-SAS, 22 in 1:06-cv-03752-SAS, 17 in 1:06-cv-05928-SAS, 30 in 1:04-cv-04971-SAS, 18 in 1:06-cv-05911-SAS, 63 in 1:04-cv-02390-SAS, 18 in 1:06-cv-05942-SAS, 22 in 1:07-cv-04009-SAS, 45 in 1:04-cv-03416-SAS, 17 in 1:06-cv-05915-SAS, 44 in 1:04-cv-05423-SAS, 17 in 1:06-cv-05961-SAS, 64 in 1:04-cv-02388-SAS, 82 in 1:07-cv-02405-SAS, 17 in 1:06-cv-05937-SAS, 30 in 1:04-cv-02056-SAS, 17 in 1:06-cv-05921-SAS, 69 in 1:04-cv-01720-SAS, 258 in 1:04-cv-05424-SAS, 25 in 1:05-cv-04018-SAS, 40 in 1:04-cv-01723-SAS, 82 in 1:03-cv-09543-SAS, 18 in 1:06-cv-05938-SAS, 18 in 1:06-cv-05927-SAS, 51 in 1:04-cv-06993-SAS, 76 in 1:07-cv-02407-SAS, 17 in 1:06-cv-05926-SAS, 17 in 1:06-cv-05952-SAS, 18 in 1:06-cv-05931-SAS, 19 in 1:05-cv-10259-SAS, 18 in 1:06-cv-05912-SAS, 18 in 1:08-cv-06306-SAS, 18 in 1:06-cv-05939-SAS, 18 in 1:06-cv-05923-SAS, 17 in 1:06-cv-05947-SAS, 24 in 1:08-cv-00278-SAS, 19 in 1:07-cv-08360-SAS, 17 in 1:06-cv-05943-SAS, 42 in 1:04-cv-02060-SAS, 48 in 1:06-cv-05496-SAS, 22 in 1:06-cv-03742-SAS, 77 in 1:03-cv-09544-SAS, 41 in 1:04-cv-02066-SAS, 76 in 1:07-cv-02403-SAS, 32 in 1:04-cv-02055-SAS, 18 in 1:06-cv-05940-SAS, 2170 in 1:00-cv-01898-SAS-DCF, 17 in 1:06-cv-05954-SAS, 44 in 1:04-cv-01726-SAS, 79 in 1:04-cv-04972-SAS, 17 in 1:06-cv-05951-SAS, 19 in 1:06-cv-05903-SAS, 39 in 1:04-cv-04975-SAS, 17 in 1:06-cv-05958-SAS, 77 in 1:04-cv-04968-SAS, 44 in 1:07-cv-10470-SAS, 18 in 1:06-cv-05955-SAS, 49 in 1:04-cv-02070-SAS, 18 in 1:06-cv-01379-SAS, 18 in 1:06-cv-05962-SAS, 17 in 1:06-cv-05946-SAS, 17 in 1:06-cv-05914-SAS, 22 in 1:06-cv-03754-SAS, 40 in 1:04-cv-02061-SAS, 17 in 1:06-cv-05941-SAS, 17 in 1:06-cv-05945-SAS, 18 in 1:06-cv-05932-SAS, 31 in 1:06-cv-03753-SAS, 18 in 1:06-cv-05913-SAS, 43 in 1:04-cv-04974-SAS, 18 in 1:06-cv-05959-SAS, 24 in 1:06-cv-01381-SAS, 18 in 1:06-cv-05950-SAS, 65 in 1:03-cv-10057-SAS, 154 in 1:03-cv-08248-SAS, 26 in 1:06-cv-03741-SAS, 18 in 1:06-cv-05905-SAS, 18 in 1:06-cv-05963-SAS, 17 in 1:06-cv-05960-SAS, 29 in 1:04-cv-02057-SAS, 40 in 1:04-cv-03413-SAS, 57 in 1:04-cv-03418-SAS, 17 in 1:06-cv-10205-SAS, 19 in 1:07-cv-06848-SAS, 31 in 1:04-cv-01724-SAS, 45 in 1:04-cv-01727-SAS, 60 in 1:04-cv-01716-SAS, 38 in 1:04-cv-03415-SAS, 18 in 1:06-cv-05925-SAS, 16 in 1:07-cv-09453-SAS, 18 in 1:06-cv-05902-SAS, 20 in 1:08-cv-07764-SAS, 69 in 1:04-cv-01725-SAS, 22 in 1:07-cv-04012-SAS, 34 in 1:08-cv-00312-SAS, 17 in 1:06-cv-05917-SAS, 64 in 1:03-cv-10051-SAS, 40 in 1:04-cv-03419-SAS, 45 in 1:04-cv-05422-SAS, 18 in 1:06-cv-05956-SAS, 21 in 1:05-cv-01310-SAS, 17 in 1:06-cv-05948-SAS, 39 in 1:04-cv-02062-SAS, 36 in 1:04-cv-02067-SAS, 47 in 1:04-cv-02068-SAS, 17 in 1:06-cv-05919-SAS, 25 in 1:05-cv-09070-SAS, 22 in 1:06-cv-03750-SAS, 63 in 1:03-cv-10053-SAS, 76 in 1:07-cv-02406-SAS, 19 in 1:06-cv-00877-SAS, 62 in 1:03-cv-10054-SAS, 18 in 1:06-cv-05949-SAS, 64 in 1:03-cv-10056-SAS, 47 in 1:04-cv-02072-SAS, 60 in 1:04-cv-01718-SAS, 150 in 1:03-cv-09050-SAS, 17 in 1:06-cv-05924-SAS, 55 in 1:04-cv-02053-SAS, 18 in 1:06-cv-05901-SAS, 63 in 1:03-cv-10052-SAS, 64 in 1:03-cv-10055-SAS, 62 in 1:04-cv-03417-SAS, 43 in 1:04-cv-03420-SAS, 17 in 1:06-cv-05916-SAS, 43 in 1:04-cv-05421-SAS, 17 in 1:06-cv-05930-SAS, 91 in 1:04-cv-02389-SAS, 58 in 1:04-cv-04970-SAS, 41 in 1:04-cv-04969-SAS, 30 in 1:04-cv-04990-SAS, 66 in 1:04-cv-01719-SAS, 29 in 1:04-cv-04973-SAS, 22 in 1:07-cv-04011-SAS, 18 in 1:06-cv-05907-SAS, 19 in 1:08-cv-07766-SAS) Order Admitting Attorney Pro Hac Vice,,,,,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(db)
December 2, 2008 Opinion or Order Filing 62 ORDER GRANTING ADMISSION PRO HAC VICE. This Court has considered the unopposed request of Defendants Koch Industries, Inc. and Flint Hills Resources, LP to admit pro hac vice William P. Childress of Hunton & Williams LLP, and the request is hereby GRANTED. IT IS HEREBY ORDERED that William P. Childress is admitted to practice before the Court pro hac vice on behalf of the above-named Defendants in these civil actions upon payment of the required $25.00 fee to the Clerk of the Court. Attorney William P. Childress for Koch Industries, Inc., Flint Hills Resources LP, Koch Industries, Inc., Fint Hills Resources, Koch Industries, Inc., Flint Hills Resources LP, Koch Industries, Inc., Flint Hills Resources LP, Koch Industries, Inc., Flint Hills Resources LP, Koch Industries, Inc., Flint Hills Resources LP, Koch Industries Inc., Flint Hills Resources, LP, Koch Industries Inc., Koch Industries, Inc, Koch Industries, Inc., Flint Hills Resources, LP, Koch Industries, Inc., Flint Hilss Resources, Flint Hills Resources LP, Koch Industries Inc., Flint Hills Resources, LP, Koch Industries Inc., Koch Industries, Inc., Flint Hills Resources, LP, Koch Industries, Inc. and Flint Hills Resources, LP admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(db)
December 2, 2008 Opinion or Order Filing 61 ORDER GRANTING ADMISSION PRO HAC VICE: This Court has considered the unopposed request of Defendants Koch Industries, Inc. and Flint Hills Resources, LP to admit pro hac vice William P. Childress of Hunton & Williams LLP, and the request is hereby GRANTED. IT IS HEREBY ORDERED that William P. Childress is admitted to practice before the Court pro hac vice on behalf of the above-named Defendants in these civil actions upon payment of the required $25.00 fee to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 12/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
December 2, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (16 in 1:06-cv-05951-SAS, 39 in 1:04-cv-01723-SAS, 31 in 1:04-cv-02055-SAS, 24 in 1:05-cv-04018-SAS, 29 in 1:04-cv-04990-SAS, 17 in 1:06-cv-05912-SAS, 16 in 1:06-cv-05915-SAS, 61 in 1:04-cv-03417-SAS, 16 in 1:06-cv-05948-SAS, 47 in 1:06-cv-05496-SAS, 19 in 1:08-cv-07764-SAS, 16 in 1:06-cv-05941-SAS, 63 in 1:03-cv-10055-SAS, 35 in 1:04-cv-02067-SAS, 16 in 1:06-cv-05919-SAS, 17 in 1:06-cv-01379-SAS, 46 in 1:04-cv-02068-SAS, 16 in 1:06-cv-05945-SAS, 78 in 1:04-cv-04972-SAS, 50 in 1:04-cv-06993-SAS, 17 in 1:06-cv-05956-SAS, 43 in 1:04-cv-01726-SAS, 75 in 1:07-cv-02403-SAS, 17 in 1:06-cv-05923-SAS, 18 in 1:06-cv-00877-SAS, 46 in 1:04-cv-02072-SAS, 21 in 1:06-cv-03750-SAS, 44 in 1:04-cv-05422-SAS, 17 in 1:06-cv-05907-SAS, 17 in 1:06-cv-05913-SAS, 81 in 1:03-cv-09543-SAS, 40 in 1:04-cv-02066-SAS, 56 in 1:04-cv-03418-SAS, 16 in 1:06-cv-05946-SAS, 16 in 1:06-cv-05960-SAS, 20 in 1:05-cv-01310-SAS, 39 in 1:04-cv-03413-SAS, 17 in 1:08-cv-06306-SAS, 18 in 1:08-cv-07766-SAS, 21 in 1:06-cv-03754-SAS, 62 in 1:03-cv-10053-SAS, 15 in 1:07-cv-09453-SAS, 18 in 1:07-cv-08360-SAS, 63 in 1:03-cv-10056-SAS, 39 in 1:04-cv-03419-SAS, 68 in 1:04-cv-01720-SAS, 16 in 1:06-cv-05933-SAS, 39 in 1:04-cv-02059-SAS, 57 in 1:04-cv-04970-SAS, 30 in 1:04-cv-01724-SAS, 16 in 1:06-cv-05928-SAS, 42 in 1:04-cv-04974-SAS, 17 in 1:06-cv-05906-SAS, 17 in 1:06-cv-05940-SAS, 16 in 1:06-cv-05922-SAS, 17 in 1:06-cv-05957-SAS, 16 in 1:06-cv-10205-SAS, 16 in 1:06-cv-05924-SAS, 75 in 1:07-cv-02407-SAS, 18 in 1:05-cv-10259-SAS, 16 in 1:06-cv-05921-SAS, 33 in 1:08-cv-00312-SAS, 17 in 1:06-cv-05959-SAS, 42 in 1:04-cv-03420-SAS, 59 in 1:04-cv-01718-SAS, 2169 in 1:00-cv-01898-SAS-DCF, 81 in 1:07-cv-02405-SAS, 62 in 1:03-cv-10052-SAS, 153 in 1:03-cv-08248-SAS, 64 in 1:03-cv-10057-SAS, 42 in 1:04-cv-05421-SAS, 59 in 1:04-cv-01716-SAS, 21 in 1:07-cv-04012-SAS, 16 in 1:06-cv-05914-SAS, 17 in 1:06-cv-05931-SAS, 16 in 1:06-cv-05916-SAS, 21 in 1:07-cv-04011-SAS, 257 in 1:04-cv-05424-SAS, 17 in 1:06-cv-05949-SAS, 21 in 1:06-cv-03752-SAS, 75 in 1:07-cv-02406-SAS, 17 in 1:06-cv-05905-SAS, 16 in 1:06-cv-05953-SAS, 61 in 1:03-cv-10054-SAS, 16 in 1:06-cv-05958-SAS, 39 in 1:04-cv-02061-SAS, 149 in 1:03-cv-09050-SAS, 16 in 1:06-cv-05947-SAS, 17 in 1:06-cv-05950-SAS, 65 in 1:04-cv-01719-SAS, 28 in 1:04-cv-02057-SAS, 76 in 1:04-cv-04968-SAS, 16 in 1:06-cv-05943-SAS, 17 in 1:06-cv-05962-SAS, 63 in 1:03-cv-10051-SAS, 29 in 1:04-cv-02056-SAS, 17 in 1:06-cv-05902-SAS, 17 in 1:06-cv-05911-SAS, 37 in 1:04-cv-03415-SAS, 17 in 1:06-cv-05939-SAS, 62 in 1:04-cv-02390-SAS, 54 in 1:04-cv-02053-SAS, 16 in 1:06-cv-05952-SAS, 43 in 1:04-cv-05423-SAS, 17 in 1:06-cv-05932-SAS, 41 in 1:04-cv-01722-SAS, 17 in 1:06-cv-05963-SAS, 38 in 1:04-cv-04975-SAS, 28 in 1:04-cv-04973-SAS, 17 in 1:06-cv-05938-SAS, 16 in 1:06-cv-05917-SAS, 21 in 1:06-cv-03742-SAS, 23 in 1:06-cv-01381-SAS, 16 in 1:06-cv-05937-SAS, 68 in 1:04-cv-01725-SAS, 63 in 1:04-cv-02388-SAS, 24 in 1:05-cv-09070-SAS, 23 in 1:08-cv-00278-SAS, 41 in 1:04-cv-02060-SAS, 40 in 1:04-cv-03412-SAS, 17 in 1:06-cv-05901-SAS, 44 in 1:04-cv-01727-SAS, 17 in 1:06-cv-05955-SAS, 30 in 1:06-cv-03753-SAS, 17 in 1:06-cv-05925-SAS, 64 in 1:04-cv-01721-SAS, 38 in 1:04-cv-02062-SAS, 18 in 1:07-cv-06848-SAS, 17 in 1:06-cv-05942-SAS, 21 in 1:07-cv-04009-SAS, 16 in 1:06-cv-05954-SAS, 76 in 1:03-cv-09544-SAS, 90 in 1:04-cv-02389-SAS, 16 in 1:06-cv-05920-SAS, 16 in 1:06-cv-05930-SAS, 18 in 1:06-cv-05903-SAS, 16 in 1:06-cv-05961-SAS, 40 in 1:04-cv-04969-SAS, 29 in 1:04-cv-04971-SAS, 43 in 1:07-cv-10470-SAS, 25 in 1:06-cv-03741-SAS, 48 in 1:04-cv-02070-SAS, 21 in 1:06-cv-03751-SAS, 17 in 1:06-cv-05927-SAS, 16 in 1:06-cv-05926-SAS, 44 in 1:04-cv-03416-SAS) Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
December 1, 2008 Opinion or Order Filing 60 STIPULATION AND ORDER by and between the undersigned counsel for the parties in City of New York v. Amerada Hess Corp., et al., subject to the approval and entry as an Order by the Court, that the Revised Confidentiality Order entered in MDL 1358 on September 24, 2004 ("Revised Confidentiality Order") is amended in the City of New York action only by adding a new paragraph II.C.a.(ii)(4) as follows: C.a.(ii). For purposes of this Order, "CONFIDENTIAL DOCUMENT(S), INFORMATION OR OTHER THING(S) are DOCUMENTS (S), INFORMATION OR OTHER THING(S) that are PRODUCED OR DISCLOSED in THIS ACTION with Confidentiality Designations in accordance with this Section and: (4) That are PRODUCED OR DISCLOSED by theCity of New York ("the City") in City of New York v. Amerada Hess Corp. et al., 04 CV 3417, and which concern future planning for or use of the City's water supply and which City asserts are protected from disclosure under the deliberative process privilege. Nothing in this Order shall waive the City'S right to assert that the DOCUMENT, INFORMATION OR OTHER THING(S) that are PRODUCED OR DISCLOSED pursuant to this paragraph are covered by the deliberative process privilege. Defendants assert that the DOCUMENTS, INFORMATION OR OTHER THING(S) to PRODUCED OR DISCLOSED pursuant to this paragraph are not protected from disclosure under the deliberative process privilege. Nothing in this Order shall waive Defendants' right to challenge the City's assertion of deliberative process privilege over any of said DOCUMENT, INFORMATION OR OTHER THING(S). Documents, information or other things designated by the City of New York as confidential under the foregoing paragraph shall be subject to the same terms, conditions and restrictions as documents, information or other things designated as confidential under paragraph C of the Revised Confidentiality Order. Within 10 days of the entry of this Stipulation and Order, counsel for each of the parties to the City of New York action shall acknowledge in writing that they have received and reviewed a copy of the Stipulation and Order and shall promptly file said acknowledgment with counsel for the City. SO ORDERED (Signed by Judge Shira A. Scheindlin on 12/1/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jmi) Modified on 12/8/2008 (jmi).
December 1, 2008 Opinion or Order Filing 59 CASE MANAGEMENT PLAN: With respect to the New Jersey and Commonwealth of Puerto Rico cases, the parties will attempt to agree upon, and submit, pre-trial schedules by the next status conference. For new focus cases, plaintiffs have selected American Water of New Jersey and defendants have selected Village of Sands Point, New York. The parties in both cases shall meet and confer to submit pre-trial schedules for these cases by the next status conference, with trial dates in each on June 29, 2009. In the newly filed TSCA cases, if the defendants wish to file a motion to dismiss the non-TSCA claims and the non-TSCA defendants, they shall do so by November 21,2008. Plaintiffs shall reply by December 19,2008 and defendants shall reply by January 5, 2009.The next status conference is scheduled for December 11,2008 at 2:00 p.m. SO ORDERED Replies due by 1/5/2009. Status Conference set for 12/11/2008 at 02:00 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 12/1/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jmi)
November 26, 2008 Opinion or Order Filing 58 ORDER that the Clerk of Court is directed to convert all open member cases of MDL 1358, 00-1898, into ECF cases. This includes the following cases and any that is made part of MDL 1358 in the future, as listed further in this document. (Signed by Judge Shira A. Scheindlin on 11/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
November 25, 2008 Filing 57 NOTICE OF APPEARANCE by Todd E. Robins, Victor M Sher on behalf of City of NY Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
November 19, 2008 Opinion or Order Filing 56 ORDER that with consent of both the City of New York and the Shell Defendants, the Court hereby ORDERS that the request by the Shell Defendants for relief from the deadlines in CMO 26 be referred to Special Master Warner pursuant to FRCP 72(a) for disposition in the course of resolving the City's motion to compel. Special Master Warner is hereby authorized to consider the Shell Defendants' request on its merits. (Signed by Judge Shira A. Scheindlin on 11/19/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
November 10, 2008 Opinion or Order Filing 55 ORDER GRANTING SUBSTITUTION OF COUNSEL Pursuant to Local Rule 1.4, Wallace King Domike & Reiskin PLLC and King & Spalding LLP, current counsel of record for defendant Huntsman Petrochemical Corporation, seek an order for substitution of counsel. Huntsman Petrochemical Corporation is currently represented by Richard E. Wallace, Jr., William F. Hughes, and Rebecca L. Schuller of Wallace Domike &Reiskin PLLC, and Robert E. Meadows and Charles C. Correll, Jr. of King & Spalding L.L.P. Huntsman Petrochemical Corporation has consented to representation by Alan L. Sullivan and Amber M. Mettler, of Snell & Wilmer LLP, and John C. Ertman and Mark A. Greenwood, of Ropes & Gray LLP. Alan L. Sullivan and Amber M. Mettler, of Snell & Wilmer LLP, and John C. Ertman and Mark A. Greenwood, of Ropes & Gray LLP, have accepted representation of Huntsman Petrochemical Corporation. (Signed by Judge Shira A. Scheindlin on 11/10/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jmi)
November 10, 2008 Opinion or Order Filing 54 ORDER ADMITTING ATTORNEY PRO HAC VICE Alan L. Sullivan and Amber M. Mettler for Defendant Huntsman Petrochemical Corporation. (Signed by Judge Shira A. Scheindlin on 11/10/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jmi)
November 10, 2008 Opinion or Order Filing 53 ORDER the motion to withdraw the appearances of John McGahren, Esquire and Daniel Mulvihill, Esquire, of Patton Boggs, LLP, on behalf of Defendants Getty Properties Corp. and Leemilt's Petroleum Inc., in the above-captioned matters is GRANTED. IT IS FURTHER ORDERED that John C. McMeekin II, Esquire, of Rawle & Henderson, LLP, is hereby substituted as counsel for Defendants Getty Properties Corp. and Leemilt's Petroleum Inc., in the above-captioned matters. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/10/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jmi)
November 3, 2008 Filing 52 MOTION for William W. Belt to Withdraw as Attorney for Giant Yorktown. Document filed by Giant Yorktown, Inc.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
October 30, 2008 Filing 51 AMENDED ANSWER to (1238 in 1:00-cv-01898-SAS-DCF) Amended Complaint,,,,,. Document filed by Gulf Oil LP. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Garvey, Christopher)
October 30, 2008 Opinion or Order Filing 50 ORDER: Case Management Order #39, dated 10/27/08, should have been numbered 40 instead of 39. Accordingly, the Clerk of the Court is directed to amend the 10/27/08 Case Management Order #39 (Document #2077) so that it is entitled Case Management Order #40. (Signed by Judge Shira A. Scheindlin on 10/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
October 27, 2008 Opinion or Order Filing 49 CASE MANAGEMENT ORDER #40: In the City of NY case, the trial will begin on 6/22/09. Defendants in the City of NY case will provide plaintiffs with updated site information from the two identified Shell stations by 10/10/08. Plaintiffs, in turn, will state by 10/23/08, whether each of the seven "potentially threatened wells" listed in their interrogatory response is threatened or not.....The next status conference is scheduled for 10/30/08 at 10:00 am. Status Conference set for 10/30/2008 at 10:00 AM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 10/27/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd) Modified on 10/31/2008 (mro).
September 12, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (6 in 1:06-cv-05937-SAS, 56 in 1:04-cv-01725-SAS, 7 in 1:06-cv-05956-SAS, 30 in 1:04-cv-02060-SAS, 7 in 1:06-cv-05950-SAS, 31 in 1:04-cv-05423-SAS, 35 in 1:06-cv-05496-SAS, 7 in 1:06-cv-05905-SAS, 7 in 1:07-cv-06848-SAS, 19 in 1:04-cv-04971-SAS, 53 in 1:03-cv-10051-SAS, 28 in 1:04-cv-01723-SAS, 78 in 1:03-cv-08248-SAS, 6 in 1:06-cv-05954-SAS, 7 in 1:06-cv-05942-SAS, 7 in 1:06-cv-05957-SAS, 28 in 1:04-cv-03413-SAS, 64 in 1:04-cv-04968-SAS, 7 in 1:06-cv-05906-SAS, 11 in 1:06-cv-01381-SAS, 31 in 1:04-cv-03420-SAS, 30 in 1:04-cv-02066-SAS, 7 in 1:06-cv-01379-SAS, 7 in 1:06-cv-05901-SAS, 10 in 1:06-cv-03751-SAS, 31 in 1:04-cv-01726-SAS, 51 in 1:04-cv-02388-SAS, 54 in 1:03-cv-10057-SAS, 6 in 1:06-cv-05948-SAS, 6 in 1:06-cv-05924-SAS, 6 in 1:06-cv-05928-SAS, 7 in 1:06-cv-05911-SAS, 7 in 1:07-cv-08360-SAS, 64 in 1:03-cv-09544-SAS, 7 in 1:06-cv-05912-SAS, 53 in 1:04-cv-01719-SAS, 12 in 1:05-cv-09070-SAS, 6 in 1:06-cv-05958-SAS, 6 in 1:06-cv-05926-SAS, 10 in 1:06-cv-03752-SAS, 6 in 1:06-cv-05916-SAS, 25 in 1:04-cv-04975-SAS, 34 in 1:04-cv-02068-SAS, 13 in 1:08-cv-00312-SAS, 7 in 1:06-cv-05962-SAS, 10 in 1:06-cv-03742-SAS, 6 in 1:06-cv-05921-SAS, 28 in 1:04-cv-02061-SAS, 27 in 1:04-cv-04969-SAS, 8 in 1:06-cv-00877-SAS, 56 in 1:04-cv-01720-SAS, 38 in 1:04-cv-02053-SAS, 8 in 1:06-cv-05903-SAS, 10 in 1:06-cv-03754-SAS, 7 in 1:06-cv-05902-SAS, 34 in 1:04-cv-02072-SAS, 7 in 1:06-cv-05959-SAS, 48 in 1:04-cv-03417-SAS, 47 in 1:04-cv-01718-SAS, 69 in 1:03-cv-09543-SAS, 6 in 1:06-cv-05917-SAS, 13 in 1:06-cv-03741-SAS, 52 in 1:03-cv-10055-SAS, 49 in 1:04-cv-01716-SAS, 7 in 1:06-cv-05949-SAS, 7 in 1:06-cv-05939-SAS, 7 in 1:06-cv-05955-SAS, 45 in 1:04-cv-03418-SAS, 10 in 1:06-cv-03750-SAS, 6 in 1:06-cv-05947-SAS, 27 in 1:04-cv-03419-SAS, 1969 in 1:00-cv-01898-SAS-DCF, 6 in 1:06-cv-05922-SAS, 24 in 1:07-cv-10470-SAS, 19 in 1:04-cv-01724-SAS, 6 in 1:06-cv-05952-SAS, 51 in 1:03-cv-10054-SAS, 52 in 1:04-cv-01721-SAS, 7 in 1:06-cv-05931-SAS, 6 in 1:06-cv-05953-SAS, 6 in 1:06-cv-05946-SAS, 6 in 1:06-cv-05919-SAS, 7 in 1:06-cv-05963-SAS, 7 in 1:06-cv-05923-SAS, 6 in 1:06-cv-05945-SAS, 7 in 1:06-cv-05940-SAS, 44 in 1:04-cv-04970-SAS, 30 in 1:04-cv-05421-SAS, 28 in 1:04-cv-02059-SAS, 7 in 1:06-cv-05938-SAS, 12 in 1:05-cv-04018-SAS, 7 in 1:06-cv-05907-SAS, 7 in 1:06-cv-05927-SAS, 27 in 1:04-cv-02062-SAS, 78 in 1:04-cv-02389-SAS, 18 in 1:06-cv-03753-SAS, 10 in 1:07-cv-04009-SAS, 37 in 1:04-cv-02070-SAS, 65 in 1:04-cv-04972-SAS, 6 in 1:06-cv-05915-SAS, 29 in 1:04-cv-03412-SAS, 30 in 1:04-cv-01722-SAS, 51 in 1:03-cv-10052-SAS, 5 in 1:07-cv-09453-SAS, 32 in 1:04-cv-03416-SAS, 7 in 1:06-cv-05925-SAS, 6 in 1:06-cv-05933-SAS, 10 in 1:07-cv-04011-SAS, 6 in 1:06-cv-05951-SAS, 18 in 1:04-cv-04973-SAS, 18 in 1:04-cv-04990-SAS, 52 in 1:03-cv-10056-SAS, 7 in 1:06-cv-05913-SAS, 25 in 1:04-cv-03415-SAS, 245 in 1:04-cv-05424-SAS, 6 in 1:06-cv-05930-SAS, 6 in 1:06-cv-05920-SAS, 68 in 1:07-cv-02405-SAS, 18 in 1:04-cv-02056-SAS, 6 in 1:06-cv-05941-SAS, 4 in 1:08-cv-06306-SAS, 7 in 1:06-cv-05932-SAS, 50 in 1:04-cv-02390-SAS, 32 in 1:04-cv-01727-SAS, 25 in 1:04-cv-02067-SAS, 32 in 1:04-cv-05422-SAS, 38 in 1:04-cv-06993-SAS, 6 in 1:06-cv-05960-SAS, 10 in 1:07-cv-04012-SAS, 69 in 1:03-cv-09050-SAS, 17 in 1:04-cv-02057-SAS, 52 in 1:03-cv-10053-SAS, 20 in 1:04-cv-02055-SAS, 10 in 1:08-cv-00278-SAS, 8 in 1:05-cv-10259-SAS, 6 in 1:06-cv-05914-SAS, 6 in 1:06-cv-05943-SAS, 6 in 1:06-cv-05961-SAS, 29 in 1:04-cv-04974-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
September 12, 2008 Opinion or Order Filing 48 ORDER GRANTING ADMISSION OF ELAINE M. MALDONADO-MATIAS: Maldonado-Matias is admitted to practice before this Court pro hac vice on behalf of Total Petroleum Puerto Rico Corporation and Total Oil, Inc. (Signed by Judge Shira A. Scheindlin on 9/12/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
August 25, 2008 Opinion or Order Filing 47 ORDER GRANTING ADMISSION OF JUAN A. MARQUES-DIAZ: It is hereby ordered that Juan A. Marques-Diaz, is admitted to practice pro hac vice in this action. (Signed by Judge Shira A. Scheindlin on 8/22/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo)
August 25, 2008 Opinion or Order Filing 46 ORDER GRANTING ADMISSION JAN CARLOS RODRIGUEZ-MUNOZ: It is hereby ordered that Jan Carlos Rodriguez-Munoz, is admitted to practice pro hac vice. (Signed by Judge Shira A. Scheindlin on 8/22/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo)
August 12, 2008 Filing 45 STIPULATION DISMISSING CLAIMS AGAINST DUKE ENERGY MERCHANTS, LLC, pursuant to FRCP 41(a)(2) plaintiff City of New York voluntarily dismisses all claims with prejudice against Duke Energy Merchants, with each party bearing its own attorney's fees and costs. Plaintiff reserves all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 8/12/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
March 10, 2008 Opinion or Order Filing 44 STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST GETTY PROPERTIES CORP.: Counsel for the Plaintiffs County of Suffolk and Suffolk County Water Authority and Defendant Getty Properties Corp. hereby agree on behalf of the parties that: Getty Properties withdraws its "Motion for Exculpation and Partial Summary Judgment of Getty Properties Corp.," dated January 11, 2008 and all supporting papers. Plaintiffs voluntarily dismiss without prejudice all claims against Getty Properties arising from the contamination in the Kayron Drive No. 1A well and the Morris Avenue No. 2 well that might be attributed to the Getty service station located at 913 Portion Road, Ronkonkoma, New York, as set forth in this stipulation and order. Plaintiffs expressly reserve all remaining claims alleged in their complaints against Getty Properties, and Getty Properties expressly reserve all defenses asserted in its Master Answer relating thereto. Should plaintiffs subsequently discover any inaccuracies in Getty Properties and/or GPMI's representations with respect to the 913 Portion Road Station and/or information that conflicts with Getty Properties' and/or GPMI's representations with respect to the 913 Portion Road Station, then Defendant Getty Properties consent to allow plaintiffs to amend their complaint to reinstate the said claims against Getty Properties. Should of the any claims be reinstated for any reason, then Defendant Getty Properties agrees that the statue of limitations is tolled with respect to said claims, as set forth in this stipulation and order. (Signed by Judge Shira A. Scheindlin on 3/7/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jpo)
February 5, 2008 Opinion or Order Filing 43 ORDER ADMITTING COUNSEL PRO HAC VICE. Eduardo S. Perez, Amy E. Parker, and Julie K. Huff are hereby admitted to practice before the Court pro hac vice on behalf of Defendant Total Petrochemicals USA, Inc. in these civil actions upon the deposit of the required $25.00 fee per applicant to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 2/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
February 5, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (49 in 1:04-cv-01721-SAS, 22 in 1:04-cv-04968-SAS, 3 in 1:06-cv-05922-SAS, 4 in 1:06-cv-05927-SAS, 31 in 1:04-cv-02072-SAS, 4 in 1:06-cv-05902-SAS, 7 in 1:06-cv-03754-SAS, 3 in 1:06-cv-05941-SAS, 27 in 1:04-cv-02060-SAS, 49 in 1:03-cv-10056-SAS, 3 in 1:06-cv-05945-SAS, 47 in 1:04-cv-02390-SAS, 51 in 1:03-cv-10057-SAS, 50 in 1:04-cv-01719-SAS, 3 in 1:06-cv-05915-SAS, 2 in 1:07-cv-09453-SAS, 25 in 1:04-cv-03413-SAS, 10 in 1:06-cv-03741-SAS, 27 in 1:04-cv-01722-SAS, 3 in 1:06-cv-05946-SAS, 65 in 1:03-cv-09543-SAS, 3 in 1:06-cv-05961-SAS, 4 in 1:06-cv-05949-SAS, 7 in 1:06-cv-03750-SAS, 3 in 1:06-cv-05947-SAS, 3 in 1:06-cv-05920-SAS, 4 in 1:06-cv-01379-SAS, 15 in 1:04-cv-04973-SAS, 12 in 1:04-cv-04975-SAS, 61 in 1:03-cv-09544-SAS, 3 in 1:06-cv-05924-SAS, 4 in 1:06-cv-05950-SAS, 29 in 1:04-cv-04970-SAS, 49 in 1:04-cv-04972-SAS, 26 in 1:04-cv-03412-SAS, 3 in 1:06-cv-05926-SAS, 4 in 1:06-cv-05962-SAS, 4 in 1:06-cv-05906-SAS, 3 in 1:06-cv-05933-SAS, 5 in 1:06-cv-05903-SAS, 15 in 1:04-cv-04990-SAS, 4 in 1:06-cv-05911-SAS, 3 in 1:06-cv-05930-SAS, 4 in 1:06-cv-05901-SAS, 22 in 1:04-cv-03415-SAS, 29 in 1:04-cv-03416-SAS, 3 in 1:06-cv-05954-SAS, 44 in 1:04-cv-01718-SAS, 53 in 1:04-cv-01725-SAS, 3 in 1:06-cv-05916-SAS, 42 in 1:04-cv-03418-SAS, 25 in 1:04-cv-02059-SAS, 34 in 1:04-cv-02070-SAS, 3 in 1:07-cv-06848-SAS, 4 in 1:06-cv-05940-SAS, 6 in 1:07-cv-04011-SAS, 4 in 1:06-cv-05939-SAS, 3 in 1:06-cv-05928-SAS, 3 in 1:06-cv-05958-SAS, 16 in 1:04-cv-04974-SAS, 17 in 1:04-cv-02055-SAS, 8 in 1:06-cv-01381-SAS, 22 in 1:04-cv-02067-SAS, 4 in 1:06-cv-05931-SAS, 24 in 1:04-cv-02062-SAS, 14 in 1:04-cv-04969-SAS, 31 in 1:04-cv-02068-SAS, 4 in 1:06-cv-05932-SAS, 155 in 1:04-cv-05424-SAS, 5 in 1:06-cv-03753-SAS, 47 in 1:03-cv-10052-SAS, 25 in 1:04-cv-02061-SAS, 25 in 1:04-cv-02053-SAS, 6 in 1:07-cv-04009-SAS, 3 in 1:06-cv-05943-SAS, 3 in 1:06-cv-05953-SAS, 3 in 1:06-cv-05921-SAS, 32 in 1:06-cv-05496-SAS, 46 in 1:04-cv-01716-SAS, 5 in 1:05-cv-10259-SAS, 7 in 1:06-cv-03752-SAS, 33 in 1:03-cv-09050-SAS, 4 in 1:06-cv-05938-SAS, 52 in 1:04-cv-01720-SAS, 1692 in 1:00-cv-01898-SAS-DCF, 4 in 1:06-cv-05942-SAS, 5 in 1:06-cv-00877-SAS, 7 in 1:06-cv-03742-SAS, 35 in 1:04-cv-06993-SAS, 9 in 1:05-cv-09070-SAS, 4 in 1:06-cv-05913-SAS, 6 in 1:07-cv-04012-SAS, 28 in 1:04-cv-03420-SAS, 4 in 1:06-cv-05957-SAS, 37 in 1:03-cv-08248-SAS, 48 in 1:04-cv-02388-SAS, 4 in 1:06-cv-05923-SAS, 27 in 1:04-cv-05421-SAS, 29 in 1:04-cv-05422-SAS, 4 in 1:06-cv-05963-SAS, 27 in 1:04-cv-02066-SAS, 64 in 1:07-cv-02405-SAS, 3 in 1:06-cv-05948-SAS, 3 in 1:06-cv-05914-SAS, 48 in 1:03-cv-10054-SAS, 3 in 1:06-cv-05937-SAS, 4 in 1:06-cv-05959-SAS, 16 in 1:04-cv-01724-SAS, 9 in 1:05-cv-04018-SAS, 3 in 1:06-cv-05952-SAS, 24 in 1:04-cv-01723-SAS, 4 in 1:06-cv-05912-SAS, 15 in 1:04-cv-02056-SAS, 4 in 1:07-cv-08360-SAS, 4 in 1:06-cv-05925-SAS, 4 in 1:06-cv-05956-SAS, 48 in 1:03-cv-10055-SAS, 71 in 1:04-cv-02389-SAS, 49 in 1:03-cv-10051-SAS, 43 in 1:04-cv-03417-SAS, 28 in 1:04-cv-01726-SAS, 4 in 1:06-cv-05955-SAS, 3 in 1:06-cv-05960-SAS, 4 in 1:06-cv-05905-SAS, 24 in 1:04-cv-03419-SAS, 14 in 1:04-cv-02057-SAS, 3 in 1:06-cv-05951-SAS, 48 in 1:03-cv-10053-SAS, 4 in 1:06-cv-05907-SAS, 3 in 1:06-cv-05919-SAS, 3 in 1:06-cv-05917-SAS, 28 in 1:04-cv-05423-SAS, 7 in 1:06-cv-03751-SAS, 14 in 1:04-cv-04971-SAS, 29 in 1:04-cv-01727-SAS) Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
January 31, 2008 Opinion or Order Filing 42 STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST TOTAL PETROCHEMICALS USA, INC.: Plaintiffs voluntarily dismiss without prejudice their claims under Article 12 of the Navigation Law (New York Spill Prevention, Control and Compensation Act) as against TOTAL for the wells listed within this Stipulation and Order. Plaintiffs expressly reserve all remaining claims alleged in the Sixth Amended complaint against TOTAL, and TOTAL expressly reserves all defenses asserted in its Master Answer relating thereto. (Signed by Judge Shira A. Scheindlin on 1/31/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(tro)
January 15, 2008 Opinion or Order Filing 41 STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST GULF OIL LIMITED PARTNERSHIP that plaintiffs voluntarily dismiss without prejudice their conspiracy and/or concert in action claims as against defendant GOLP. Plaintiffs voluntarily dismiss without prejudice their G.B.L. 349 claims against GOLP. Plaintiffs voluntarily dismiss without prejudice their claims involving the wells that are the subject of CMO No.34 (the "trial wells"), and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/15/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-03417-SAS, 1:04-cv-05424-SAS(cd)
December 7, 2007 Opinion or Order Filing 40 STIPULATION AND ORDER OF DISMISSING CERTAIN CLAIMS AGAINST GETTY PETROLEUM MARKETING INC. re plaintiffs voluntarily dismiss without prejudice their conspiracy and/or concert in action claims as against defendant GPMI. Plainitffs expressly reserve all remaining claims alleged in their complaints against GPMI and GPMI expressly reserves all defenses asserted in its Master Answer relating thereto. (Signed by Judge Shira A. Scheindlin on 12/4/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-02389-SAS, 1:04-cv-03417-SAS, 1:04-cv-05424-SAS(cd)
October 11, 2007 Filing 39 MEMORANDUM AND OPINION # 95284 that for the foregoing reasons, the City's Motion is granted. The Clerk of the Court is directed to close this motion (doc. Nos. 1428 and 1432). (Signed by Judge Shira A. Scheindlin on 10/5/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
October 9, 2007 Opinion or Order Filing 38 ORDER ADMITTING ATTORNEY Cynthia M. Guizzetti of Bingham McCutchen LLP, PRO HAC VICE on behalf of Crown Central LLC. (Signed by Judge Shira A. Scheindlin on 10/3/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
October 4, 2007 Opinion or Order Filing 37 MEMORANDUM OPINION AND ORDER #95284 granting re: MOTION for Reconsideration, filed by The City of New York, (1432 in 1:00-cv-01898-SAS-DCF). MOTION for Reconsideration, filed by City of NY. (Signed by Judge Shira A. Scheindlin on 10/4/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd)
October 3, 2007 Opinion or Order ORDER ADMITTING COUNSEL PRO HAC VICE. Attorney Chad W. Higgins for Gulf Oil, LP, Gulf Limited Liability Partnership, Gulf Oil Limited Partnership, Gulf Oil, Limited Partnership, Gulf Oil LP, Gulf Oil L.P., Gulf Oil, L.P., GULF OIL, LP, Gulf Oil LP admitted Pro Hac Vice. The Court has considered the unopposed request of Defendant Gulf Oil Limited Partnership to admit pro hac vice Chad W. Higgins, Esq. of Goodwin Procter, LLP, and the request is hereby GRANTED. (Signed by Judge Shira A. Scheindlin on 10/1/07) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
October 3, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(tro)
September 7, 2007 Opinion or Order ORDER GRANTING SUBSTITUTION OF COUNSEL: IT IS THEREFORE ORDERED, Sidley Austin, LLP may substitute in for Cox, Castle, & Nicholson, LLP as counsel for Duke Energy Merchants, LLC, Duke Energy Trading and Marketing, LLC, Duke Energy Merchants, LLC, Duke Energy Merchants California, Inc., and Northridge Petroleum Marketing U.S. (Signed by Judge Shira A. Scheindlin on 9/5/07) Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-03417-SAS, 1:04-cv-4973-SAS. Original filed in 1:00-cv-01898-SAS, document #1505. (Signed by Judge Shira A. Scheindlin on 9/5/07) (tro)
August 16, 2007 Opinion or Order OPINION AND ORDER # 95059: For the foregoing reasons, defendants' motion in limine is granted. When the New York plaintiffs reply on market share liability to prove causation for a particular well, they are precluded from arguing that punitive damages are available for that well, and are further precluded from presenting evidence that is relevant solely to punitive damages as to that well. The Clerk of the Court is directed to close this Motion (document # 1395). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 8/16/2007) Filed In Associated Cases: 1:00-cv-01898-SAS et al.(jmi)
July 10, 2007 Filing 36 REPLY MEMORANDUM OF LAW in Support re: (1432 in 1:00-cv-01898-SAS) MOTION for Reconsideration.. Document filed by City of NY. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-03417-SAS(cd)
July 10, 2007 Filing 35 MEMORANDUM OF LAW in Support re: (34 in 1:04-cv-03417-SAS) MOTION to Remand.. Document filed by Exxon Mobil Oil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-03417-SAS(cd)
July 10, 2007 Filing 34 MOTION to Remand to the NYS Supreme Court. (re 04-3417). Document filed by Exxon Mobil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS, 1:04-cv-03417-SAS(cd)
July 3, 2007 Filing 33 MEMORANDUM OF LAW in Opposition re: MOTION for Reconsideration.. Document filed by Getty Properties Corp.. (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit 3)(McGahren, John)
June 14, 2007 CORRECTED MEMORANDUM OF LAW in Support re: MOTION for Reconsideration. Document filed by The City of New York. (orig fld in 00-1898, odc #1433) (cd)
June 14, 2007 CORRECTED MOTION for Reconsideration re the Court's application of one of its rulings in the Opinion and Order, dated 6/4/07. Document filed by The City of New York. (oirg fld in 00-1898, odc #1432)(cd)
June 13, 2007 MOTION for Reconsideration re Opinion and Order dated 6/4/07. Document filed by The City of New York. (orig fld in 00-1898, doc #1428)(cd)
June 13, 2007 MEMORANDUM OF LAW in Support re: MOTION for Reconsideration.. Document filed by The City of New York. (orig fld in 00-1898, doc #1429) (cd)
May 8, 2007 MOTION for Joinder in defts' Motion for Summary Judgment based on the statute of limitation. Document filed by Total Petrochemicals USA, Inc., Getty Properties Corp. (orig fld in 00-1898, doc #1410)(cd)
April 13, 2007 TRANSCRIPT of proceedings held on 3/23/07 before Judge Shira A. Scheindlin. Associated Cases: 1:00-cv-01898-SAS et al.(tro)
March 20, 2007 Filing 32 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by The City of New York. (pl)
March 20, 2007 Filing 31 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Getty Properties Corp. served on 3/5/2007, answer due 3/26/2007. Service was made by leaving copies at the dft's dwelling house. Document filed by The City of New York. (pl)
March 12, 2007 Filing 30 WAIVER OF SERVICE RETURNED EXECUTED. Texaco Refining and Marketing Inc waiver sent on 3/12/2007, answer due 5/11/2007. Document filed by The City of New York. (pl)
March 9, 2007 FOURTH AMENDED COMPLAINT amending Amended Complaint,,,,,,, against Atlantic Richfield Company, Amerada Hess Corp. et al.Document filed by The City of New York. Related document: Amended Complaint,,,,,,, filed by The City of New York. (orig fld in 00-1898, doc #1350)(cd)
March 8, 2007 FIFTH AMENDED MASTER ANSWER to Complaint. Document filed by Exxon Mobil Corporation. (orig fld in 00-1898, doc #1348)(cd)
March 7, 2007 Filing 29 WAIVER OF SERVICE RETURNED EXECUTED. Total Petrochemicals USA, Inc. waiver sent on 3/7/2007, answer due 5/7/2007. Document filed by The City of New York. (pl)
February 15, 2007 Opinion or Order Filing 28 ORDER; that the City of New Yorks requests seeking leave to amend its complaint to add a claim under the Toxic Substances Control Act. And to add parties is hereby granted. (Signed by Judge Shira A. Scheindlin on 2/13/07) (pl)
February 13, 2007 THIRD AMENDED COMPLAINT amending 5 Second Amended Complaint against Lyondell Chemical Company, Marathon Ashland Petroleum LLC, Mobil Oil Corporation, Motiva Enterprises, LLC, Premcor Refining Group Inc,, Sunoco, Inc., Sunoco, Inc. (R & M), Texaco, Inc., Texaco Refining and Marketing Inc, Tosco Corporation, Tosco Refining Company, Ultramar Energy Inc., Ultramar Limited, United Refining Company, Unocal Corporation, Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining and Marketing Company, Does 1-87,inclusive, Marathon Oil Company, Shell Oil Company, Shell Trading (US) Company, Shell Oil Products Company LLC, Mobile Corporation, Flint Hills Resources, LP, TRMI Holdings Inc., Giant Yorktown, Inc., BP Amoco Chemical Company, Inc., Duke Energy Merchants, LLC, Equistar Chemicals, LP, Vitol S.A., George E. Warren Corporation, Atlantic Richfield Company, Phibro Inc., Citgo Refining & Chemicals Co, LP, PDV Midwest Refining, LLC, Total Petrochemicals USA, Inc., BP America, Inc., Parker Holding Company Inc, Parker Oil Company, Leemilt's Petroleum Inc., Mercury Fuel Service, Incorporated, Hess Energy, Inc., Coastal Chem, Inc., Coastal Eagle Point Oil Company, Coastal Oil New England, Inc., Getty Properties Corp., Union Oil Co of California, BP Amoco Corporation, BP Products North America, Inc., Chevron Texaco Corporation, Amerada Hess Corp., Chevron U.S.A., Inc., Citgo Petroleum Corporation, El Paso CGP Company, Conocophillips Company,, Crown Central Petroleum Corporation, El Paso Merchant Energy Petroleum Company, Equilon Enterprises L.L.C., Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Getty Petroleum Marketing, Inc., Gulf Oil Limited Partnership, Irving Oil Corporation, Irving Oil Limited, Koch Industries Inc..Document filed by The City of New York. (orig fld in 00-1898, doc #1327) Related document: 5 Amended Complaint filed by The City of New York.(cd)
January 8, 2007 Opinion or Order OPINION & ORDER # 94406 denying re: MOTION to Dismiss. MOTION to Stay. filed by Amerada Hess Corp. (orig fld in 00-1898, doc #1279) (Signed by Judge Shira A. Scheindlin on 1/8/07) (cd, )
November 22, 2006 Opinion or Order ORDER OF SUBSTITUTION OF COUNSEL FOR VITOL S.A. that David P. Langlois of Sutherland Asbill & Brennan LLP be substituted as its counsel of record in this matter. (orig fld in 00-1898, doc #1269) (Signed by Judge Shira A. Scheindlin on 11/17/06) (cd, )
September 18, 2006 SECOND AMENDED MASTER ANSWER. Document filed by Unocal Corporation. (ORIG FLD IN 00-1898, DOC #1173)(cd, )
September 18, 2006 SECOND AMENDED MASTER ANSWER. Document filed by Chevron Texaco Corporation, Chevron U.S.A., Inc. (ORIG FLD IN 00-1898, DOC #1169)(cd, )
September 18, 2006 THIRD AMENDED MASTER ANSWER. Document filed by Exxon Mobil Corporation. (ORIG FLD IN 00-1898, DOC #1167)(cd, )
September 18, 2006 Filing 27 SECOND AMENDED MASTER ANSWER, MSTER CROSS COMPLAINT, AND THIRD PARTY COMPLAINT. Document filed by Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining and Marketing Company.(cd, )
September 18, 2006 SECOND AMENDED MASTER ANSWER MASTER CROSS COMPLAINT, AND THIRD PARTY COMPLAINT. Document filed by Ultramar Energy Inc., Ultramar Limited.(cd, )
September 18, 2006 SECOND AMENDED MASTER ANSWER, MASTER CROSS COMPLAINT, AND THIRD PARTY COMPLAINT. Document filed by Ultramar Energy Inc., Ultramar Limited.(cd, )
September 15, 2006 SECOND AMENDED MASTER ANSWER. Document filed by Flint Hills Resources, LP. (ORIG FLD IN 00-1898, DOC #1165)(cd, )
September 15, 2006 SECOPND AMENDED MASTER ANSWER. Document filed by Sunoco, Inc., Sunoco, Inc. (R & M). (oirg fld in 00-1898, doc #1164)(cd, )
September 15, 2006 SECOND AMENDED MASTER ANSWER with JURY DEMAND. Document filed by Conocophillips Company,.(cd, )
September 15, 2006 SECOND AMENDED MASTER NANSWER. Document filed by BP Amoco Chemical Company, Inc., Atlantic Richfield Company, BP America, Inc., BP Products North America, Inc..(cd, )
September 15, 2006 Filing 26 AMENDED MASTER ANSWER, AFFIRMATIVE DEFENSES, MASTER CROSS-COMPLAINT AGAINST DEFTS, AND MASTER THIRD-PARTY COMPLAINT AGAINST JOHN AND JANE DOES 1-500. Document filed by Premcor Refining Group Inc,.(cd, )
September 15, 2006 Filing 25 SECOND AMENDED MASTER ANSWER et al to Complaint. Document filed by Citgo Refining & Chemicals Co, LP, PDV Midwest Refining, LLC, Citgo Petroleum Corporation.(cd, )
September 8, 2006 SECOND AMENDED MASTER ANSWER. Document filed by Shell Oil Company, Shell Trading (US) Company, Shell Oil Products Company LLC. (ORIG FLD IN 00-1898, DOC #1175)(cd, )
May 2, 2006 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 4/28/2006, Receipt Number 577841. Amanda C. Goad admitted pro hac vice by Judge Shira A. Scheindlin. Order signed on March 22, 2006. (jd, )
April 19, 2006 Opinion or Order ORDER that the Declaration of Daniel Green in support of plntfs' Opposition to Defts' Motion for Summary Judgment on all Claims for Statute of Limitations, dated 3/15/06, with accompanying exhibits, shall be placed under seal. (orig fld in 00-1898, doc #1069) (Signed by Judge Shira A. Scheindlin on 4/17/06) (cd, )
April 17, 2006 REPLY MEMORANDUM OF LAW in Support of the Motion for Summary Judgment based on the Statute of Limitations. Document filed by The City of New York. (orig fld in 00-1898, doc #1063) (cd, )
April 17, 2006 COUNTER STATEMENT TO Rule 56.1 Statement. Document filed by Chevron Texaco Corporation et al. (orig fld in 00-1898, doc #1064) (cd, )
April 17, 2006 MOTION to Seal Declaration of Daniel Greene in support of plntfs' Opposition to Defts' Motion for Summary Judgment on all Claims for Statute of Limitations. Document filed by The City of New York. (orig fld in 00-1898, doc #1062) (cd, )
April 17, 2006 Opinion or Order ORDER; Declaration of Peter C. Condron in support of defendants' motion for summary judgment with accompanying exhibits shall be placed under seal. The Clerk is directed to close this motion (docket #1051 in 00cv1898 and 4/6/06 motion in 04cv3417) [original document filed in 00cv1898 as doc#1056] (Signed by Judge Shira A. Scheindlin on 4/13/06) (kco, )
April 11, 2006 RULE 56.1 STATEMENT in support of their motion for summary judgment on all claims for lack of justiciability. Document filed by Exxon Mobil Corporation. (orig fld in 00-1898, doc #1060) (cd, )
April 11, 2006 RULE 56.1 STATEMENT in support of their Motion for Summary Judgment on all claims for lack of justiciability. Document filed by Exxon Mobil Corporation et al. (orig fld in 00-1898, doc #1060) (cd, )
April 10, 2006 RULE 56.1 STATEMENT in Opposition to Defts' Motion for Summary Judgment for lack of justiciability. Document filed by The City of New