New Jersey Department of Environmental Protection v. Amerada Hess Corp.
Plaintiff: New Jersey Department of Environmental Protection, The Commisisoner of the New Jersey Department of Environmental Protection, The Administrator of the New Jersey Spill Compensation Fund and Michael Axline
Defendant: Amerada Hess Corp., Rosemore Inc., Getty Properties Corp., Western Refining, Inc., George E. Warren Corporation, Sunoco, Inc., Sunoco, Inc. (R&M),, Gulf Oil Limited Partnership, Getty Petroleum Marketing Inc., Marathon Oil Company, Marathon Petroleum Company LP, Lukoil Americas Corporation, Coastal Eagle Point Oil Company, El Paso Corporation, ExxonMobil Oil Corporation, Hess Corporation, Duke Energy Merchants, LLC, Atlantic Richfield Company, BP America, Inc., BP Amoco Chemical Company, BP Amoco Corporation, BP Products North America, Inc., Chevron Corporation, Chevron USA, Inc., Citgo Petroleum Corporation, ConocoPhillips Company, Crown Central Petroleum Corporation, Cumberland Farms, Inc., Equilon Enterprises, LLC, ExxonMobil Corporation, Giant Yorktown, Inc., Gulf Acquisition LLC, Kewanee Industries, Inc., Lyondell Chemical Company, Lyondell-Citgo Refining, LP, Mobil Corporation, Motiva Enterprises, LLC, The Premcor Refining Group, Inc., Shell Oil Company, Shell Oil Products Company LLC, Shell Trading (US) Company, Total Petrochemicals USA, Inc., Ultramar Energy, Inc., Ultramar Limited, Unocal Corporation, Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining Company-New Jersey, Valero Refining & Marketing Company, Vitol S.A., "Does" 1-99, Lukoil North America LLC, Lukoil Pan Americas, LLC and PJSC LUKOIL
Special Master: Ronald J. Hedges
3Rd Party Defendant: Harbans Singh, Gurmail Singh and John and Jane Does Nos. 1-100
Not Classified By Court: Experimental Pathology Laboratories, Inc.
Cross Defendant: H.P. Delta, Inc.
Cross Claimant: Robert Melecci and Dhandi Transport, Inc.
Case Number: 1:2008cv00312
Filed: January 14, 2008
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Vernon S Broderick
Referring Judge: Valerie Figueredo
2 Judge: Debra C Freeman
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Other
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on July 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2022 Opinion or Order Filing 625 OPINION AND ORDER re: (609 in 1:08-cv-00312-VSB-VF) MOTION to Dismiss . filed by ExxonMobil Corporation, ExxonMobil Oil Corporation, (621 in 1:08-cv-00312-VSB-VF) LETTER MOTION for Oral Argument on Defendants' Motion to Dismiss Plaintiffs' Natural Resource Damages Claims As Unripe Pursuant to Fed. R. Civ. P. 12(B)(1) [D.E. 609] addressed to Judge Vernon S. Broderick from David J. Lender dated filed by ExxonMobil Corporation, ExxonMobil Oil Corporation. For the foregoing reason, Exxon's motion is DENIED. The Clerk of Court is respectfully directed to close the open motions at docket entries 609 and 621 on the docket numbered 08-cv- 312. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/27/2022) Filed In Associated Cases: 1:00-cv-01898-VSB-VF, 1:08-cv-00312-VSB-VF (kv)
July 18, 2022 Opinion or Order Filing 624 ORDER APPROVING MOTION FOR WITHDRAWAL OF COUNSEL granting (4723 in case 1:00-cv-01898-VSB-VF) Motion to Withdraw as Attorney. The Motion for Withdrawal of Jeremiah J. Anderson as counsel for Chevron Defendants is hereby GRANTED. Signed this 18th day of July, 2022. Attorney Jeremiah Jeremiah Anderson terminated in case 1:00-cv-01898-VSB-VF. (Signed by Judge Vernon S. Broderick on 7/18/2022) Filed In Associated Cases: 1:00-cv-01898-VSB-VF et al. (vfr)
June 30, 2022 Opinion or Order Filing 623 MEMO ENDORSEMENT in case 1:01-cv-00704-SAS; granting (864) Motion to Withdraw as Attorney; granting (4720) Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Attorney Richard E. Wallace, Jr terminated in case 1:14-cv-06228-VSB-VF Attorney Richard E. Wallace, Jr terminated in case 1:00-cv-01898-VSB-VF. (Signed by Judge Vernon S. Broderick on 6/30/2022) Filed In Associated Cases: 1:00-cv-01898-VSB-VF et al. (kv)
April 25, 2022 Magistrate Judge Valerie Figueredo is so redesignated. (laq)
April 25, 2022 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Valerie Figueredo, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Debra C. Freeman no longer referred to the case. Motions referred to Valerie Figueredo. (laq)
October 6, 2021 Opinion or Order Filing 622 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. So Ordered. (Signed by Judge Vernon S. Broderick on 10/6/2021) Filed In Associated Cases: 1:00-cv-01898-VSB et al. (js)
July 23, 2021 Filing 621 LETTER MOTION for Oral Argument on Defendants' Motion to Dismiss Plaintiffs' Natural Resource Damages Claims As Unripe Pursuant to Fed. R. Civ. P. 12(B)(1) [D.E. 609] addressed to Judge Vernon S. Broderick from David J. Lender dated July 23, 2021. Document filed by ExxonMobil Corporation, ExxonMobil Oil Corporation..(Lender, David)
July 23, 2021 Filing 620 REPLY MEMORANDUM OF LAW in Support re: #609 MOTION to Dismiss . . Document filed by ExxonMobil Corporation, ExxonMobil Oil Corporation. (Attachments: #1 Certificate of Service).(Lender, David)
June 4, 2021 Filing 619 MEMORANDUM OF LAW in Opposition re: (609 in 1:08-cv-00312-VSB-DCF) MOTION to Dismiss . . Document filed by New Jersey Department of Environmental Protection, The Commissioner of the New Jersey Department of Environmental Protection. (Attachments: #1 Exhibit 1, #2 Exhibit 2 part 1 of 4, #3 Exhibit 2 part 2 of 4, #4 Exhibit 2 part 3 of 4, #5 Exhibit 2 part 4 of 4, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF.(Kaufmann, Leonard)
June 3, 2021 Opinion or Order Filing 618 ORDER FOR FEES RELATED TO THE SETTLEMENTS WITH DEFENDANT GETTY PROPERTIES CORP., with DEFENDANT TOTAL PETROCHEMICALS & REFINING USA, INC. and with all parties related to the H.P. DELTA TRIAL SITE re: (4622 in 1:00-cv-01898-VSB, 614 in 1:08-cv-00312-VSB-DCF) Proposed Order, filed by New Jersey Department of Environmental Protection, The New Jersey Department of Environmental Protection, The Administrator of New Jeresey Spill Compensation Fund, The Commissioner of the New Jersey Department of Environmental Protection. IT IS on this 3rd day of June, 2021 herebyORDERED as follows:1. Special Counsel shall be and herby is entitled to a fee of fifteen percent (15%) of the net recoveries referenced above said amount being two million, four hundred and thirty thousand, eight hundred and sixty five dollars and forty one cents ($2,430,865.41). The Court finds such fee to be reasonable and in accordance with Rule 1:21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. 2. Plaintiffs shall pay said amount to Special Counsel forthwith. 3. A copy of the within Order shall be served upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/3/2021) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (kv) Transmission to Finance Unit (Cashiers) for processing.
May 19, 2021 Opinion or Order Filing 617 MEMO ENDORSEMENT on re: #616 Letter, filed by The Commisisoner of the New Jersey Department of Environmental Protection, New Jersey Department of Environmental Protection, The Administrator of the New Jersey Spill Compensation Fund. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Responses due by 6/4/2021, Replies due by 7/23/2021.) (Signed by Judge Vernon S. Broderick on 5/19/2021) (va)
May 18, 2021 Filing 616 LETTER addressed to Judge Vernon S. Broderick from Leonard Z. Kaufmann, Esq. dated May 18, 2021 re: extension to file opposition to ExxonMobil's motion to dismiss. Document filed by New Jersey Department of Environmental Protection, The Administrator of the New Jersey Spill Compensation Fund, The Commisisoner of the New Jersey Department of Environmental Protection..(Kaufmann, Leonard)
May 18, 2021 Filing 615 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by New Jersey Department of Environmental Protection, The Administrator of the New Jersey Spill Compensation Fund, The Commisisoner of the New Jersey Department of Environmental Protection. Related Document Number: [ExxonMobil's Motion to Dismiss]..(Kaufmann, Leonard) Proposed Order to be reviewed by Clerk's Office staff. Modified on 5/18/2021 (dt).
May 18, 2021 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Leonard Kaufmann to RE-FILE Document #615 Proposed Order. Use the event type Letter found under the event list Other Documents. (dt)
May 6, 2021 Filing 614 PROPOSED ORDER. Document filed by New Jersey Department of Environmental Protection, The Administrator of Ne w Jeresey Spill Compensation Fund, The Commissioner of the New Jersey Department of Environmental Protection, The New Jersey Department of Environmental Protection..(Kaufmann, Leonard) Proposed Order to be reviewed by Clerk's Office staff.
April 15, 2021 Opinion or Order Filing 613 ORDER: granting #612 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/15/2021) (ama)
April 15, 2021 Set/Reset Deadlines: Responses due by 5/21/2021 Replies due by 7/2/2021. (ama)
April 14, 2021 Filing 612 LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Leonard Z. Kaufmann, Esq. dated April 14, 2021. Document filed by New Jersey Department of Environmental Protection, The Administrator of the New Jersey Spill Compensation Fund, The Commisisoner of the New Jersey Department of Environmental Protection. Return Date set for 4/20/2021 at 10:00 AM..(Kaufmann, Leonard)
April 6, 2021 Opinion or Order Filing 611 DECLARATION of David J. Lender in Support re: #609 MOTION to Dismiss .. Document filed by ExxonMobil Corporation, ExxonMobil Oil Corporation. (Attachments: #1 Exhibit A - Anthony Brown's expert report titled Cost Summary, ID # - 8857 Exxon Service Station, dated November 2012, #2 Exhibit B - Supplemental Expert Report of Anthony Brown, dated August 24, 2017, #3 Exhibit C - Deposition transcript of Anthony Brown, dated September 27, 2017, #4 Exhibit D - Daubert hearing transcript of Anthony Brown, dated January 9, 2019, #5 Exhibit E - Consent Order as to Livingston Site, approved by Chief Judge Wolfson on March 23, 2021, #6 Exhibit F - Letter from Leonard Kaufmann, Esq. to Marc Rollo, Esq., dated May 25, 2017, #7 Exhibit G - Expert Report of Robert E. Unsworth titled Natural Resource Damages Associated with Injury to Groundwater Resources at 19 Sites in New Jersey, dated November 8, 2012).(Lender, David)
April 6, 2021 Filing 610 MEMORANDUM OF LAW in Support re: #609 MOTION to Dismiss . . Document filed by ExxonMobil Corporation, ExxonMobil Oil Corporation..(Lender, David)
April 6, 2021 Filing 609 MOTION to Dismiss . Document filed by ExxonMobil Corporation, ExxonMobil Oil Corporation. (Attachments: #1 Text of Proposed Order (Proposed Order), #2 Certificate of Service).(Lender, David)
March 16, 2021 Opinion or Order Filing 608 STIPULATION: NOW COMES Gulf Oil Limited Partnership (GOLP), by and through counsel, and counsel for Plaintiff in the cases of New Jersey Department of Environmental Protection, et al. v. Atlantic Richfield Co., et al., No. 1:08-cv-0031, Commonwealth of Pennsylvania, etc. v. Exxon Mobil Corporation, et al., No. 1:14-cv-06228, and State of Maryland v. ExxonMobil Corp., et al., No. 1:18-CV-00459-SAG (D.Md.), and HEREBY STIPULATE AND AGREE as follows: 1. WHEREFORE GOLP admits, stipulates, and agrees that the spreadsheet titled "GOLP-NJDEP-024637_CONFIDENTIAL (per 2004 MDL 138 Order) - FOR OUTSIDE COUNSEL ONLY.XLSX," is authentic. 2. WHEREFORE GOLP stipulates and agrees that in all future proceedings in the cases listed in paragraph 8, above, it will not object to or otherwise purport that the spreadsheet "GOLP-NJDEP-024637_CONFIDENTIAL (per 2004 MDL 138 Order) - FOR OUTSIDE COUNSEL ONLY.XLSX," is inadmissible based on an objection to the "best evidence rule" or "failure to authenticate " under the Federal Rules of Evidence or any similar Federal or State rule or law. 3. WHEREFORE based on the representations made in the foregoing Declaration by Robert H. Silliman Jr. and the Stipulations made by GOLP, above, Plaintiff withdraws its objections to GOLP's Notice of Intent to Destroy the approximately 600 Boxes of paper records containing only bills of lading and daily folio files from the Linden and Woodbury Terminals, referenced above. (Signed by Judge Vernon S. Broderick on 3/16/2021) (nb)
March 12, 2021 Filing 607 PROPOSED STIPULATION AND ORDER. Document filed by Gulf Oil Limited Partnership..(Higgins, Chad)
January 13, 2021 Opinion or Order Filing 606 STIPULATION RELATED TO SETTLEMENT as to TOTAL PETROCHEMICALS & REFINING USA, INC. ONLY: THEREFORE, in response to the Court's decision and theprevious objections of the non-settling defendants, plaintiffsstipulate and agree as follows:Plaintiffs agree to reduce any judgment, and ifnecessary, agree not to seek to collect or to collect in thislitigation, captioned New Jersey Department of EnvironmentalProtection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312(S.D.N.Y.), or in any subsequent judicial, administrative orother action that arises as a result of the claims assertedin this litigation, any portion of any judgment under the NewJersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the factfinder in this action to Total P&R based on its percentage ofrelative fault. Plaintiffs further agree that in any trial ofthis action, the trier of fact shall determine Total P&R'spercentage of relative fault for Spill Act claims in the samemanner and in the same form of trial verdict as for commonlaw claims and as for all other defendants, as if Total P&Rhad remained a non-settling defendant.Except as provided in paragraph 1 above, thisStipulation is strictly limited to the Total P&R Settlementin this litigation and in no other way limits or reduces theliability of any responsible party.This Stipulation is expressly contingent and effectiveonly upon the approval by the Court of the Total P&RSettlement. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/12/2021) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)
January 12, 2021 Opinion or Order Filing 605 JUDICIAL CONSENT ORDER AS TO TOTAL PETROCHEMICALS & REFINING USA, INC. ONLY: THEREFORE, with the consent of the Parties to this JCO, it is hereby ORDERED and ADJUDGED: This JCO applies to, and is binding upon, the Plaintiffs and the named Settling Defendant, as defined below (each, a "Party" and collectively, the "Parties"). (a) Within fourteen (14) Days after the effective date of this JCO, Total shall pay, or cause to be paid on its behalf, to the Plaintiffs the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00) in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO. Nothing in this JCO shall be deemed to constitute preauthorization of a claim against the Spill Fund within the meaning of N.J.S.A. 58:10-23.llk. or N.J.A.C. 7:1J. The effective date of this JCO shall be the date upon which this JCO is entered by the Court. The Settling Defendant shall comply with the provisions of the March 15, 2005 Order for Preservation of Documents entered in this matter for so long as required under the terms of that Order. The Settling Defendant consents to the entry of this JCO without further notice after the comment period specified in Paragraphs 18 and 19 above. Upon conclusion of the Plaintiffs' review of any public comment(s) received as a result of the notice described in Paragraphs 18 and 19 above, the Plaintiffs shall promptly submit this JCO to the Court for entry. Within thirty days of the Plaintiffs' receipt of payment as set forth in Section V above, Plaintiffs shall request that the Court dismiss this Complaint as to Total with prejudice pursuant to Fed. R. Civ. P. 41 (a) (2). The Parties to this JCO agree that it was negotiated fairly between them at arms' length and that the final terms of this JCO shall be deemed to have been jointly and equally drafted by them, and that the provisions of this JCO therefore should not be construed against a Party to it on the grounds that the Party drafted or was more responsible for drafting the provision(s) and further set forth in this Order. (Signed by Judge Vernon S. Broderick on 1/12/2021) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)
January 11, 2021 Filing 604 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ArcLight Energy Partners Fund VI, LP for Gulf Oil Limited Partnership. Document filed by Gulf Oil Limited Partnership..(Higgins, Chad)
January 11, 2021 Filing 603 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent EG Group Limited for Cumberland Farms, Inc.. Document filed by Cumberland Farms, Inc...(Higgins, Chad)
December 17, 2020 Opinion or Order Filing 602 JUDICIAL CONSENT ORDER AS TO DEFENDANT GETTY PROPERTIES CORP. ONLY: THEREFORE, with the consent of the Parties to this JCO, it is hereby ORDERED and ADJUDGED: This JCO applies to, and is binding upon, the Plaintiffs and the named Settling Defendant, as defined below (each, a "Party" and collectively, the "Parties"). Within fourteen (14) Days after the effective date of this JCO, GPC shall pay, or cause to be paid on its behalf, to the Plaintiffs Thirteen Million Five Hundred Thousand Dollars ($13,500,000.00) (the "Settlement Payment") in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO. The amount specified in Paragraph 5(a) above shall be paid by wire transfer pursuant to instructions provided by Plaintiffs. Notice of payment shall be emailed to: John Sacco, Director/StateForester, New Jersey Department of Environmental Protection atJohn.Sacco@dep.nj.gov; David E. Haymes, Administrator, SpillCompensation Fund, New Jersey Department of EnvironmentalProtection at David.Haymes@dep.nj.gov and to Gary Wolf, SectionChief, Environmental Enforcement and Environmental Justice Section, Division of Law, Department of Law and Public Safety atGary.Wolf@law.njoag.gov or such other persons as Plaintiffs maydesignate. Nothing contained in this JCO shall be considered an admissionby the Settling Defendant, or a finding by the Plaintiffs or thisCourt, of any wrongdoing or liability on the Settling Defendant'spart. The Effective Date of this JCO shall be the date upon whichthis JCO is entered by the Court. The Parties to this JCO agree that it was negotiated fairlybetween them at arms' length and that the final terms of this JCOshall be deemed to have been jointly and equally drafted by them,and that the provisions of this JCO therefore should not beconstrued against a Party to it on the grounds that the Partydrafted or was more responsible for drafting the provision(s) and further set forth in this Order. (Signed by Judge Vernon S. Broderick on 12/17/2020) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)
December 17, 2020 Opinion or Order Filing 601 STIPULATION RELATED TO SETTLEMENT as to GETTY PROPERTIES CORP. ONLY: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the fact finder in this action to GPC based on its percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine GPC's percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if GPC had remained a non-settling defendant. Except as provided in paragraph 1 above, this Stipulation is strictly limited to the GPC in this litigation and in no other way limits or reduces the liability of any responsible party. This Stipulation is expressly contingent and effective only upon the approval by the Court of the GPC Settlement. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/17/2020) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)
October 22, 2020 Filing 600 PROPOSED STIPULATION AND ORDER. Document filed by New Jersey Department of Environmental Protection..(Kaufmann, Leonard)
October 22, 2020 Filing 599 PROPOSED CONSENT ORDER. Document filed by New Jersey Department of Environmental Protection. (Attachments: #1 Exhibit 1 of 4, #2 Exhibit 2 of 4, #3 Exhibit 3 of 4, #4 Exhibit 4 of 4).(Kaufmann, Leonard)
May 8, 2020 Opinion or Order Filing 598 ORDER FOR FEES RELATED TO THE SETTLEMENT WITH DEFENDANTS GETTY PETROLEUM MARKETING, INC.; LUKOIL AMERICAS CORPORATION individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing Inc., Lukoil North America LLC and/or Lukoil Oil Company; LUKOIL NORTH AMERICA LLC, individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing, Inc., Lukoil Americas Corporation and/or OAO Lukoil; LUKOIL OIL COMPANY, a/k/a OAO Lukoil a/k/a Public Joint Stock Company Oil Company LUKOIL a/k/a PJSC Oil Company Lukoil, individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing Inc., Lukoil Americas Corporation and/or Lukoil North America LLC; LUKOIL PAN AMERICAS, LLC, and certain dividends and distributions related to defendant LYONDELL: IT IS on this 8th day of May, 2020 hereby ORDERED as follows: 1. Special Counsel shall be and herby is entitled to a fee of fifteen percent (15%) of the net recoveries referenced above- said amount being three million, two hundred and twenty-eight thousand, nine hundred and eighty seven dollars and twelve cents ($3,228,987.12). The Court finds such fee to be reasonable and in accordance with Rule 1:21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. 2. Plaintiffs shall pay said amount to Special Counsel forthwith. 3. A copy of the within Order shall be served upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/8/2020) (rro)
May 1, 2020 Filing 597 PROPOSED ORDER. Document filed by New Jersey Department of Environmental Protection..(Kaufmann, Leonard) Proposed Order to be reviewed by Clerk's Office staff.
May 1, 2020 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #597 Proposed Order was reviewed and approved as to form. (dt)
March 30, 2020 Opinion or Order Filing 596 JUDICIAL CONSENT ORDER AS TO GETTY PETROLEUM MARKETING, INC.; LUKOIL AMERICAS CORPORATION individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing Inc., Lukoil North America LLC and/or Lukoil OilCompany; LUKOIL NORTH AMERICA LLC, individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing, Inc., Lukoil Americas Corporation and/or OAO Lukoil; LUKOIL OIL COMPANY, a/k/a OAO Lukoil a/k/a Public Joint Stock Company Oil Company LUKOIL a/k/a/PJSC Oil Company Lukoil, individually and as f/k/a, d/b/a and/or successor in liability to GettyPetroleum Marketing Inc., Lukoil Americas Corporation and/or Lukoil North America LLC; LUKOIL PAN AMERICAS, LLC ONLY:THEREFORE, with the consent of the Parties to this JCO,it is hereby ORDERED and ADJUDGED: Within fourteen (14) Days after the effective date of this JCO, GPMI and/or the Lukoil Defendants shall pay, or cause to be paid on their behalf, the Plaintiffs Twenty Two Million Dollars ($22,000,000.00) in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO. Nothing contained in this JCO shall be considered an admission by the Settling Defendants, or a finding by the Plaintiffs or this Court, of any wrongdoing or liability on the Settling Defendants' part. Within thirty days of the Plaintiffs' receipt of payment as set forth in Section V above, Plaintiffs shall request that the Court dismiss this Complaint as to GPMI and the Lukoil Defendants with prejudice pursuant to Fed. R. Civ. P. 41 (a) (2). The Parties to this JCO agree that it was negotiated fairly between them at arms' length and that the final terms of this JCO shall be deemed to have been jointly and equally drafted by them, and that the provisions of this JCO therefore should not be construed against a Party to it on the grounds that the Party drafted or was more responsible for drafting the provision(s) and further set forth in this Order. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/27/2020) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)
March 27, 2020 Opinion or Order Filing 595 STIPULATION RELATED TO SETTLEMENT as to GETTY PETROLEUM MARKETING, INC.; LUKOIL AMERICAS CORPORATION individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing Inc., Lukoil North America LLC and/or Lukoil Oil Company; LUKOIL NORTH AMERICA LLC, individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing, Inc., Lukoil Americas Corporation and/or OAO Lukoil; LUKOIL OIL COMPANY, a/k/a OAO Lukoil a/k/a Public Joint Stock Company Oil Company LUKOIL a/k/a/PJSC Oil Company Lukoil, individually and as f/k/a, d/b/a and/or successor in liability to Getty Petroleum Marketing Inc., Lukoil Americas Corporation and/or Lukoil North America LLC; LUKOIL PAN AMERICAS, LLC ONLY: THEREFORE, in response to the Court's decision and the previous objections of the non-settling defendants, plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the fact finder in this action to GPMI or the Lukoil Defendants based on their percentage of relative fault. Plaintiffs further agree that 1n any trial of this action, the trier of fact shall determine GPMI's and the Lukoil Defendants' percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if GPMI and the Lukoil Defendants had remained non-settling defendants. Except as provided in paragraph 1 above, this Stipulation is strictly limited to the Lukoil/GPMI Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. This Stipulation is expressly contingent and effective only upon the approval by the Court of the Lukoil /GPMI Settlement. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/27/2020) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)
February 27, 2020 Filing 594 PROPOSED STIPULATION AND ORDER. Document filed by New Jersey Department of Environmental Protection, The Administrator of the New Jersey Spill Compensation Fund, The Commisisoner of the New Jersey Department of Environmental Protection..(Kaufmann, Leonard)
February 27, 2020 Filing 593 PROPOSED CONSENT ORDER. Document filed by New Jersey Department of Environmental Protection, The Administrator of the New Jersey Spill Compensation Fund, The Commisisoner of the New Jersey Department of Environmental Protection. (Attachments: #1 Exhibit (Part 1), #2 Exhibit (Part 2)).(Kaufmann, Leonard)
February 4, 2020 Opinion or Order Filing 592 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until Friday, April 3, 2020 in which to answer, move or otherwise respond to the Fifth Amended Complaint. So Ordered. (Signed by Judge Vernon S. Broderick on 2/4/2020) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (js)
February 4, 2020 Set/Reset Deadlines: Lukoil Americas Corporation answer due 4/3/2020; Lukoil North America LLC answer due 4/3/2020; Lukoil Pan Americas, LLC answer due 4/3/2020. (js)
January 31, 2020 Filing 591 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated January 31, 2020. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: #1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF.(Katchen, Katherine)
December 9, 2019 Opinion or Order Filing 590 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Vernon S. Broderick on 12/9/2019) (rro)
December 2, 2019 Opinion or Order Filing 589 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and P JSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until Monday, February 3,2020 in which to answer, move or otherwise respond to the Fifth Amended Complaint. SO ORDERED. Motions terminated: (588 in 1:08-cv-00312-VSB, 4571 in 1:00-cv-01898-VSB) LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated November 27, 2019. filed by Lukoil North America LLC, PJSC LUKOIL, Lukoil Pan Americas, LLC, (4568 in 1:00-cv-01898-VSB, 583 in 1:08-cv-00312-VSB) LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated October 1, 2019. filed by Lukoil North America LLC, PJSC LUKOIL, Lukoil Pan Americas, LLC. (Signed by Judge Vernon S. Broderick on 12/2/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
November 27, 2019 Filing 588 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated November 27, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: #1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
November 19, 2019 Filing 587 LETTER addressed to Judge Vernon S. Broderick from Plaintiffs dated November 19, 2019 re: Proposed Order of Dismissal as to Defendant ConocoPhillips Company Only. Document filed by New Jersey Department of Environmental Protection, The Administrator of the New Jersey Spill Compensation Fund, The Commisisoner of the New Jersey Department of Environmental Protection. (Attachments: #1 Proposed Order of Dismissal as to Defendant ConocoPhillips Company Only)(Kaufmann, Leonard)
November 1, 2019 Filing 586 LETTER addressed to Judge Vernon S. Broderick from James Pardo dated 11/1/19 re: Update on the status of Phase II discovery. Document filed by ExxonMobil Corporation.(Pardo, James)
October 31, 2019 Filing 585 NOTICE OF APPEARANCE by Eviana Linnea Frances Englert on behalf of Cumberland Farms, Inc., Gulf Oil Limited Partnership. (Englert, Eviana)
October 2, 2019 Opinion or Order Filing 584 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until Monday, December 2, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. (Signed by Judge Vernon S. Broderick on 10/2/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(mml)
October 2, 2019 Set/Reset Deadlines: Getty Petroleum Marketing Inc. answer due 12/2/2019; Lukoil Americas Corporation answer due 12/2/2019. (mml)
October 1, 2019 Filing 583 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated October 1, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: #1 Stipulation and Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
September 30, 2019 Opinion or Order Filing 582 OPINION & ORDER re: (563 in 1:08-cv-00312-VSB, 4529 in 1:00-cv-01898-VSB) MOTION to Remand to U.S. District Court, District of New Jersey filed by New Jersey Department of Environmental Protection. For the foregoing reasons, Plaintiffs' motion is DENIED and I decline to suggest that the Panel remand this action at this time. The parties are directed to submit a joint letter updating the court on the status of Phase II discovery by November 1, 2019. The Clerk of Court is respectfully directed to terminate the pending motion at Document 563. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/30/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
July 29, 2019 Opinion or Order Filing 581 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until September 30, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. So Ordered. Motions terminated: #580 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated July 26, 2019. filed by Lukoil North America LLC, PJSC LUKOIL, Lukoil Pan Americas, LLC. (Signed by Judge Vernon S. Broderick on 7/29/2019) (js)
July 29, 2019 Set/Reset Deadlines: Lukoil Americas Corporation answer due 9/30/2019; Lukoil North America LLC answer due 9/30/2019; Lukoil Pan Americas, LLC answer due 9/30/2019. (js)
July 26, 2019 Filing 580 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated July 26, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: #1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
May 30, 2019 Opinion or Order Filing 579 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until July 29, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. SO ORDERED. Motions terminated: (578 in 1:08-cv-00312-VSB, 4563 in 1:00-cv-01898-VSB) LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated May 28, 2019. filed by Lukoil North America LLC, PJSC LUKOIL, Lukoil Pan Americas, LLC. (Signed by Judge Vernon S. Broderick on 5/30/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
May 28, 2019 Filing 578 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated May 28, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: #1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
March 26, 2019 Opinion or Order Filing 577 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until May 28, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/26/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
March 26, 2019 Set/Reset Deadlines: Getty Petroleum Marketing Inc. answer due 5/28/2019; Lukoil Americas Corporation answer due 5/28/2019; Lukoil North America LLC answer due 5/28/2019; Lukoil Pan Americas, LLC answer due 5/28/2019; PJSC LUKOIL answer due 5/28/2019. (rro)
March 25, 2019 Filing 576 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated March 25, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: #1 Stipulation and Proposed Order)(Katchen, Katherine)
February 21, 2019 Opinion or Order Filing 575 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until March 25, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. SO ORDERED. Motions terminated: (574 in 1:08-cv-00312-VSB, 4549 in 1:00-cv-01898-VSB) LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated February 20, 2019. filed by Lukoil North America LLC, PJSC LUKOIL, Lukoil Pan Americas, LLC. (Signed by Judge Vernon S. Broderick on 2/21/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro) Modified on 2/22/2019 (rro).
February 21, 2019 Set/Reset Deadlines: Getty Petroleum Marketing Inc. answer due 3/25/2019; Lukoil Americas Corporation answer due 3/25/2019; Lukoil North America LLC answer due 3/25/2019; Lukoil Pan Americas, LLC answer due 3/25/2019; PJSC LUKOIL answer due 3/25/2019. (rro)
February 20, 2019 Filing 574 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated February 20, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: #1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
January 28, 2019 Filing 573 REPLY MEMORANDUM OF LAW in Support re: (563 in 1:08-cv-00312-VSB) MOTION to Remand to U.S. District Court, District of New Jersey. . Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Axline, Michael)
January 24, 2019 Opinion or Order Filing 572 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until February 21, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. SO ORDERED. Motions terminated: (569 in 1:08-cv-00312-VSB, 4540 in 1:00-cv-01898-VSB) LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated January 22, 2019. filed by Lukoil North America LLC, PJSC LUKOIL, Lukoil Pan Americas, LLC. (Signed by Judge Vernon S. Broderick on 1/23/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
January 24, 2019 Set/Reset Deadlines: Getty Petroleum Marketing Inc. answer due 2/21/2019; Lukoil Americas Corporation answer due 2/21/2019; Lukoil North America LLC answer due 2/21/2019; Lukoil Pan Americas, LLC answer due 2/21/2019; PJSC LUKOIL answer due 2/21/2019. (rro)
January 23, 2019 Opinion or Order Filing 571 STIPULATION AND ORDER. On January 2, 2019, Plaintiffs, New Jersey Department of Environmental Protection, et al., filed a Motion to Remand. Civil No. 1:08-CV-312, ECF No. 563. On January 16, 2019, Defendants filed an Opposition to the Motion to Remand on behalf of ExxonMobil Corp., ExxonMobil Oil Corp., and the defendants listed on Exhibit A, attached to the Opposition. Civil No. 1:08-CV-312, ECF No. 567. IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and Defendants that Plaintiffs shall have until January 28, 2019 in which to file a Reply in support of the Motion to Remand. So ordered. (Replies due by 1/28/2019). Motions terminated: (4541 in 1:00-cv-01898-VSB, 570 in 1:08-cv-00312-VSB) LETTER MOTION for Extension of Time to Submit Reply in Support of Motion to Remand addressed to Judge Vernon S. Broderick from Michael Axline dated January 22, 2019. Document filed by New Jersey Department of Environmental Protection. (Signed by Judge Vernon S. Broderick on 1/23/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB (rjm)
January 22, 2019 Filing 570 LETTER MOTION for Extension of Time to Submit Reply in Support of Motion to Remand addressed to Judge Vernon S. Broderick from Michael Axline dated January 22, 2019. Document filed by New Jersey Department of Environmental Protection. (Attachments: #1 Stipulation and [Proposed Order] for Extension to Submit Reply In Support of Motion to Remand)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Axline, Michael)
January 22, 2019 Filing 569 LETTER MOTION for Extension of Time to File Answer to Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated January 22, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: #1 Stipulation and Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
January 16, 2019 Filing 567 MEMORANDUM OF LAW in Opposition re: #563 MOTION to Remand to U.S. District Court, District of New Jersey. . Document filed by ExxonMobil Corporation. (Attachments: #1 Exhibit A)(Pardo, James)
January 16, 2019 Opinion or Order Filing 566 ORDER in case 1:08-cv-00312-VSB; granting (4536) Letter Motion for Extension of Time to Answer in case 1:00-cv-01898-VSB. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/16/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB (jca)
January 15, 2019 Opinion or Order Filing 568 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until January 22, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/15/2019) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
January 15, 2019 Set/Reset Deadlines: Getty Petroleum Marketing Inc. answer due 1/22/2019; Lukoil Americas Corporation answer due 1/22/2019; Lukoil North America LLC answer due 1/22/2019; Lukoil Pan Americas, LLC answer due 1/22/2019; PJSC LUKOIL answer due 1/22/2019. (rro)
January 14, 2019 Filing 565 LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated January 14, 2019. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: #1 Stipulation and Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
January 2, 2019 Filing 564 DECLARATION of Bryan Barnhart in Support re: (563 in 1:08-cv-00312-VSB) MOTION to Remand to U.S. District Court, District of New Jersey.. Document filed by New Jersey Department of Environmental Protection. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5-7, #5 Exhibit 8-10, #6 Exhibit 11 Part 1, #7 Exhibit 11 Part 2, #8 Exhibit 11 Part 3, #9 Exhibit 12 to 17)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Axline, Michael)
January 2, 2019 Filing 563 MOTION to Remand to U.S. District Court, District of New Jersey. Document filed by New Jersey Department of Environmental Protection.Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Axline, Michael)
November 30, 2018 Opinion or Order Filing 562 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, newly-added Defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PJSC Lukoil (collectively the "newly-added Lukoil Defendants"), and existing Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc., that the newly-added Lukoil Defendants, Lukoil Americas Corporation and Getty Petroleum Marking Inc. shall have until January 15, 2019 in which to answer, move or otherwise respond to the Fifth Amended Complaint. Motions terminated: (4527 in 1:00-cv-01898-VSB) LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated November 29, 2018. filed by Lukoil North America LLC, PJSC LUKOIL, Lukoil Pan Americas, LLC. (Signed by Judge Vernon S. Broderick on 11/29/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(rro)
October 29, 2018 Filing 561 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PJSC LUKOIL, Corporate Parent LITASCO SA for Lukoil Pan Americas, LLC. Document filed by Lukoil Pan Americas, LLC.(Katchen, Katherine)
October 29, 2018 Filing 560 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PJSC LUKOIL, Corporate Parent Lukoil Americas Corporation for Lukoil North America LLC. Document filed by Lukoil North America LLC.(Katchen, Katherine)
October 25, 2018 Filing 559 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PJSC LUKOIL.Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
October 25, 2018 Filing 558 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PJSC LUKOIL, Corporate Parent LITASCO SA for Lukoil Pan Americas, LLC. Document filed by Lukoil Pan Americas, LLC.Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine) Modified on 10/26/2018 (lb).
October 25, 2018 Filing 557 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PJSC LUKOIL, Corporate Parent Lukoil Americas Corporation for Lukoil North America LLC. Document filed by Lukoil North America LLC.Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine) Modified on 10/26/2018 (lb).
October 11, 2018 Opinion or Order Filing 556 ORDER in case 1:08-cv-00312-VSB; granting (4519) Letter Motion for Extension of Time to Answer in case 1:00-cv-01898-VSB. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/11/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB (rro) Modified on 10/12/2018 (rro).
October 10, 2018 Filing 555 LETTER MOTION for Extension of Time to File Answer to the Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated October 10, 2018. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: #1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
October 10, 2018 Filing 554 NOTICE OF APPEARANCE by Katherine Menapace Katchen on behalf of Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Katchen, Katherine)
October 10, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Joseph Lee Sorkin to RE-FILE Document (553 in 1:08-cv-00312-VSB, 4517 in 1:00-cv-01898-VSB) LETTER MOTION for Extension of Time to File Answer to the Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated October 9, 2018.. ERROR(S): No signature or s/. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(db)
October 9, 2018 Filing 553 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Extension of Time to File Answer to the Fifth Amended Complaint addressed to Judge Vernon S. Broderick from Katherine M. Katchen dated October 9, 2018. Document filed by Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. (Attachments: #1 Stipulation and [Proposed] Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Sorkin, Joseph) Modified on 10/10/2018 (db).
October 9, 2018 Filing 552 NOTICE OF APPEARANCE by Joseph Lee Sorkin on behalf of Lukoil North America LLC, Lukoil Pan Americas, LLC, PJSC LUKOIL. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Sorkin, Joseph)
September 28, 2018 Opinion or Order Filing 551 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE A FIFTH AMENDED COMPLAINT in case 1:08-cv-00312-VSB; granting (4442) Motion for Leave to File Document in case 1:00-cv-01898-VSB. Plaintiffs' Unopposed Motion for Leave to File a Fifth Amended Complaint is granted. The Clerk of the Court is directed to file plaintiffs' Fifth Amended Complaint. New defendants Lukoil North America LLC, Lukoil Pan Americas, LLC, and PlSC (formerly OAO) Lukoil shall respond to the Fifth Amended Complaint. Defendants Lukoil Americas Corporation and Getty Petroleum Marketing Inc. shall respond to the new allegations in the Fifth Amended Complaint. Answers previously filed by all other defendants are deemed answers to the Fifth Amended Complaint. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/28/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB (rro)
August 21, 2018 Opinion or Order Filing 550 ORDER OF DISMISSAL AS TO DEFENDANTS BP AMERICA, INC., BP AMOCO CHEMICAL COMPANY, BP AMOCO CORPORATION NORTH AMERICA INC. (f/k/a BP AMOCO CORPORATION), BP PRODUCTS NORTH AMERICA, INC., and ATLANTIC RICHFIELD COMPANY ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and Defendants BP America, Inc., BP Amoco Chemical Company, BP Amoco Corporation North America Inc. (f/k/a BP Amoco Corporation), BP Products North America, Inc. and Atlantic Richfield Corporation only, the matter as to BP America, Inc., BP Amoco Chemical Company, BP Amoco Corporation North America Inc. (f/k/a BP Amoco Corporation), BP Products North America, Inc. and Atlantic Richfield Corporation only shall be and hereby is dismissed with prejudice, with each side to bear its own costs. Atlantic Richfield Company terminated. (Signed by Judge Vernon S. Broderick on 8/21/2018) (mro)
August 15, 2018 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #549 Proposed Order was reviewed and approved as to form. (km)
August 14, 2018 Filing 549 PROPOSED ORDER. Document filed by New Jersey Department of Environmental Protection, The Administrator of the New Jersey Spill Compensation Fund, The Commisisoner of the New Jersey Department of Environmental Protection. (Kaufmann, Leonard) Proposed Order to be reviewed by Clerk's Office staff.
August 14, 2018 Filing 548 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU -
August 14, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Leonard Kaufmann to RE-FILE Document #548 Notice of Voluntary Dismissal. Use the event type Proposed Order found under the event list Proposed Orders. (dt)
May 15, 2018 Opinion or Order Filing 547 ORDER FOR FEES RELATED TO THE SETTLEMENT WITH DEFENDANTS BP AMERICA INC., BP AMOCO CHEMICAL COMPANY, BP CORPORATION NORTH AMERICA INC. (f/k/a BP AMOCO CORPORATION), BP PRODUCTS NORTH AMERICA, INC., ATLANTIC RICHFIELD COMPANY, EQUILON ENTERPRISES LLC, MOTIVA ENTERPRISES LLC, SHELL OIL COMPANY, SHELL OIL PRODUCTS COMPANY LLC AND SHELL TRADING (US) COMPANY: Special Counsel shall be and hereby is entitled to a fee of twenty percent (20%) of the net recovery over $2 million and up to $250 million and fifteen percent (15%) of the net recovery in excess of $250 million resulting from the settlement with Shell - said amount being twelve million, one hundred and fourteen thousand, four hundred and eighty dollars and eighty six cents ($12,114,480.86), and also fifteen percent (15%) of the net recovery resulting from the settlement with BP - said amount being nine million, six hundred and fifty eight thousand, one hundred and twelve dollars and eighteen cents ($9,658,112.18). The Court finds such fee to be reasonable and in accordance with Rule 1 :21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. Plaintiffs shall pay said amounts to Special Counsel forthwith, specifically: twenty one million, seven hundred and seventy two thousand, five hundred and ninety three dollars and four cents (21,772,593.04). The parties shall serve a copy of the within Order upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. (Signed by Judge Vernon S. Broderick on 5/15/2018) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(tro) Modified on 5/15/2018 (tro). (Main Document 547 replaced on 5/15/2018) (tro).
April 25, 2018 Opinion or Order Filing 546 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 545 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 544 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION Motion to Remove Steven Leifer from ECF Service Lists re: (4474 in 1:00-cv-01898-VSB) Order on Motion to Withdraw as Attorney,,, . Document filed by Hess Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO AMERADA HESS CORPORATION), Hess Oil Virgin Islands Corporation, Marathon Oil Corporation, Marathon Petroleum Company LP(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO MARATHON PETROLEUM COMPANY, LLC AND MARATHON ASHLAND PETROLEUM COMPANY LLC), Marathon Petroleum Corporation, Hess Corporation(formerly known as Amerada Hess Corporation), Marathon Oil Corporation(INDIVIDUALLY AND AS F/K/A, D/B/A AND/OR SUCCESSOR IN LIABILITY TO MARATHON OIL CO., MARATHON DE, MARATHON PC, MARATHON PETROLEUM CORPORATION, MARATHON HOLDINGS, AND MARATHON PIPELINE), Marathon Petroleum Company LP, Marathon Petroleum Corporation. (Attachments: #1 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB et al.(Cassin, Vernon) Modified on 4/25/2018 (db).
April 5, 2018 Opinion or Order Filing 543 ORDER OF DISMISSAL AS TO DEFENDANTS SUNOCO, INC. AND SUNOCO, INC. (R&M) ONLY: This matter, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and defendants Sunoco Inc. and Sunoco, Inc. (R&M), the matter as to Sunoco Inc. and Sunoco, Inc.(R&M) shall be and hereby is dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Vernon S. Broderick on 4/5/2018) (js)
March 28, 2018 Opinion or Order Filing 542 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 2, 2018 Filing 541 STIPULATION RELATED TO SETTLEMENT as to EQUILON ENTERPRISES LLC, MOTIVA ENTERPRISES LLC, SHELL OIL COMPANY, SHELL OIL PRODUCTS COMPANY LLC, AND SHELL TRADING (US) COMPANY ONLY: THEREFORE, in response to the Court's decision and the previous objections of the non-settling defendants, plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned Environmental Protection v. New Jersey Department Atlantic Richfield Co., of MDL 1358, 08 Civ. 00312 (S.D.N. Y..), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to 23. 24 ("Spill Act"), that is allocated by the fact finder in this action to the Shell Defendants based on their percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine the Shell Defendants' percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if the Shell Defendants had remained a non-settling defendant. Except as provided in paragraph 1 above, this Stipulation is strictly limited to the Shell Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. This Stipulation is expressly contingent and effective only upon the approval by the Court of the Shell Settlement. (Signed by Judge Vernon S. Broderick on 3/2/2018) (ap) Modified on 3/5/2018 (ap).
March 2, 2018 Opinion or Order Filing 540 JUDICIAL CONSENT ORDER AS TO EQUILON ENTERPRISES LLC, MOTIVA ENTERPRISES LLC, SHELL OIL COMPANY, SHELL OIL PRODUCTS COMPANY LLC and SHELL TRADING (US) COMPANY ONLY: in favor of New Jersey Department of Environmental Protection, The Administrator of the New Jersey Spill Compensation Fund, The Commissioner of the New Jersey Department of Environmental Protection against Equilon Enterprises, LLC, Motiva Enterprises, LLC, Shell Oil Company, Shell Oil Products Company LLC, Shell Trading (US) Company in the amount of $68,500,000.00. ORDERED and ADJUDGED: This JCO applies to, and is binding upon, the Plaintiffs and the named Settling Defendants, as defined below (each, a "Party" and collectively, the "Parties"). (a) Within fourteen (14) Days after the effective date of this JCO, the Shell Defendants shall pay the Plaintiffs Sixty Eight Million Five Hundred Thousand Dollars ($68,500,000.00) in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO. (b) The amount specified in Paragraph 5(a) above shall be paid by wire transfer pursuant to instructions provided by Plaintiffs. Notice of payment shall be emailed to: John Sacco, Chief, Office of Natural Resource Restoration, Natural and Historic Resources Program, New Jersey Department of Environmental Protection at John.Sacco@dep.nj.gov and to Gary Wolf, Section Chief, Environmental Enforcement Section, Division of Law, Department of Law and Public Safety at Gary.Wolf@law.njoag.gov or such other persons as Plaintiffs may designate. Nothing contained in this JCO shall be considered an admission by the Settling Defendants, or a finding by the Plaintiffs or this Court, of any wrongdoing or liability on the Settling Defendants' part. This Court retains jurisdiction over both the subject matter of this JCO and the Parties for the duration of the performance of the terms and provisions of this JCO for the purpose of enabling any of the Parties to apply to the Court at any time for such further order, direction, and relief as may be necessary or appropriate for the construction or modification of this JCO, or to effectuate or enforce compliance with its terms, and as further set forth in this order. Equilon Enterprises, LLC and Motiva Enterprises, LLC terminated. (Signed by Judge Vernon S. Broderick on 3/2/2018) (ap) Modified on 3/5/2018 (ap).
February 26, 2018 Opinion or Order Filing 539 ORDER granting #537 Motion for Diane L. Myers to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
February 26, 2018 Opinion or Order Filing 538 ORDER granting #536 Motion for Christopher H. Domingo to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
February 21, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #536 MOTION for Christopher H. Domingo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14721310. Motion and supporting papers to be reviewed by Clerk's Office staff., #537 MOTION for Diane L. Myers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14721476. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 20, 2018 Filing 537 MOTION for Diane L. Myers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14721476. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Total Petrochemicals USA, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Myers, Diane)
February 20, 2018 Filing 536 MOTION for Christopher H. Domingo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14721310. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Total Petrochemicals USA, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Domingo, Christopher)
February 14, 2018 Filing 535 NOTICE of Substitution of Attorney. Old Attorney: Amy E. Parker, New Attorney: Traci L. Lovitt, Address: Jones Day, 100 High Street, 21st Floor, Boston, MA, USA 02110-1781, 617-449-6999. Document filed by Total Petrochemicals USA, Inc.. (Parker, Amy)
February 5, 2018 Filing 534 NOTICE OF CHANGE OF ADDRESS by Chad W. Higgins on behalf of Gulf Acquisition LLC, Gulf Oil Limited Partnership. New Address: Bernstein, Shur, Sawyer & Nelson, P.A., 100 Middle Street, PO Box 9723, Portland,, ME, 04104, 207-228-7186. (Higgins, Chad)
December 22, 2017 Opinion or Order Filing 533 ORDER FOR FEES RELATED TO THE SETTLEMENT WITH DEFENDANTS SUNOCO, INC. and SUNOCO, INC. (R&M) and the AUGUST 8, 2017 DISTRIBUTION FROM THE SETTLEMENT WITH LYONDELL CHEMICAL COMPANY: ORDERED as follows: Special Counsel shall be and her by is entitled to a fee of twenty percent (20%) of the net recovery resulting from the settlement with Sunoco, and the August 8, 2017 distributions received by plaintiffs related to the settlement with Lyondell. The Court finds such fee to be reasonable and in accordance with Rule 1:21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. Plaintiffs shall pay said amount to Special Counsel forthwith, specifically: Twelve million, six hundred and six thousand, six hundred and one dollars and fifteen cents ($12,606,601.15). A copy of the within Order shall be served upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/22/2017) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(ama)
December 22, 2017 Opinion or Order Filing 532 STIPULATION RELATED TO SETTLEMENT AS TO BP AMERICA INC., BP AMOCO CHEMICAL COMPANY, BP CORPORATION NORTH AMERICA INC. (F/K/A BP AMOCO CORPORATION), BP PRODUCTS NORTH AMERICA INC., AND ATLANTIC RICHFIELD COMPANY ONLY: THEREFORE, in response to the Court's decision and the previous objections of the non-settling defendants, Plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to 23. 24 ("Spill Act"), that is allocated by the fact finder in this action to the BP Defendants based on their percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine the BP Defendants' percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if the BP Defendants had remained a non-settling defendant, and as further set forth in this order. (Signed by Judge Vernon S. Broderick on 12/22/2017) (ap)
December 22, 2017 Opinion or Order Filing 531 JUDICIAL CONSENT ORDER AS TO BP AMERICA INC., BP AMOCO CHEMICAL COMPANY, BP CORPORATION NORTH AMERICA INC. (f/k/a BP AMOCO CORPORATION), BP PRODUCTS NORTH AMERICA INC., AND ATLANTIC RICHFIELD COMPANY ONLY: THEREFORE, with the consent of the Parties to this JCO, it is hereby ORDERED and ADJUDGED: This case was removed to the United States District Court for the District of New Jersey pursuant to 28 U.S. C. 1446(d) and the Energy Policy Act of 2005, 42 U.S.C. 7545, et seq., which expressly authorized the removal of legal actions related to allegations involving MTBE contamination, and then assigned to the United States District Court for the Southern District of New York as part of the Multi-District Litigation. Part of the litigation was remanded to the United States District Court for the District of New Jersey. (a) Within fourteen (14) Days after the effective date of this JCO, the BP Defendants shall pay the Plaintiffs Thirty Two Million Dollars ($32,000,000. 00) ("First Payment"). Within 194 Days after the effective date of this JCO, the BP Defendants shall pay the Plaintiffs Thirty Two Million Dollars ($32,000,000.00) plus Interest for a total payment of $32,387,419.18 ("Second Payment"). The First Payment and Second Payment in the total amount of Sixty Four Million Three Hundred Eighty Seven Thousand Four Hundred Nineteen Dollars and Eighteen Cents ($64,387,419.18) are made in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO. (b) The amounts specified in Paragraph 5(a) above shall be paid by wire transfers pursuant to instructions provided by Plaintiffs. Notice of payment shall be emailed to: John Sacco, Chief, Office of Natural Resource Restoration, Natural and Historic Resources Program, New Jersey Department of Environmental Protection at John.Sacco@dep.nj.gov and to Gary Wolf, Section Chief, Environmental Enforcement Section, Division of Law, Department of Law and Public Safety at Gary.Wolf@law.njoag.gov or such other persons as Plaintiffs may designate. The effective date of this JCO shall be the date upon which this JCO is entered by the Court. This Court retains jurisdiction over both the subject matter of this JCO and the Parties for the duration of the performance of the terms and provisions of this JCO for the purpose of enabling any of the Parties to apply to the Court at any time for such further order, direction, and relief as may be necessary or appropriate for the construction or modification of this JCO, or to effectuate or enforce compliance with its terms, and as further set forth in this order. (Docketed in 00cv1898 and 8cv312) (Signed by Judge Vernon S. Broderick on 12/22/2017) (ap) Modified on 12/22/2017 (ap).
December 5, 2017 Opinion or Order Filing 530 JUDICIAL CONSENT ORDER AS TO SUNOCO, INC. AND SUNOCO, INC. (R&M) ONLY: Within fourteen (14) Days after the effective date of this JCO, the Sunoco Defendants shall pay the Plaintiffs Sixty Four Million Dollars ($64,000,000.00) in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO, and as further set forth in this order. (Signed by Judge Vernon S. Broderick on 12/5/2017) (jwh) Modified on 1/22/2018 (jwh).
December 5, 2017 Opinion or Order Filing 529 STIPULATION RELATED TO SETTLEMENT AS TO SUNOCO, INC. AND SUNOCO, INC. (R&M) ONLY: THEREFORE, in response to the Court's decision and the previous objections of the non- settling defendants, plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to 23. 24 ("Spill Act"), that is allocated by the fact finder in this action to the Sunoco Defendants based on their percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine the Sunoco Defendants' percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if the Sunoco Defendants had remained a non-settling defendant. Except as provided in paragraph 1 above, this Stipulation is strictly limited to the Sunoco Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. This Stipulation is expressly contingent and effective only upon the approval by the Court of the Sunoco Settlement, and as further set forth in this order. (Signed by Judge Vernon S. Broderick on 12/5/2017) (ap)
December 1, 2017 Opinion or Order Filing 528 ORDER: Accordingly, it is hereby ORDERED that the Clerks Office shall remove Michael Axline as a party to this matter and shall list Michael Axline as counsel for Plaintiff New Jersey Department of Environmental Protection. SO ORDERED. Attorney Michael D. Axline for New Jersey Department of Environmental Protection,Michael D. Axline for New Jersey Department of Environmental Protection added., Michael Axline terminated. (Signed by Judge Vernon S. Broderick on 12/1/2017) (rj)
July 21, 2017 Opinion or Order Filing 527 ORDER FOR FEES RELATED TO THE SETTLEMENTS WITH DEFENDANTS CROWN CENTRAL COMPANY, CONOCOPHILLIPS COMPANY and CERTAIN SUBSEQUENT DISTRIBUTIONS FROM THE SETTLEMENT WITH LYONDELL CHEMICAL COMPANY: ORDERED as follows: 1. Special Counsel shall be and hereby is entitled to a fee of twenty percent (20%) of the net recovery resulting from the settlement with Crown Central, the settlement with ConocoPhillips, and the distributions received to plaintiffs on the following dates related to the settlement with Lyondell (the "Lyondell Distributions"): January 1, 2016, July 28, 2016, September 26, 2016, December 20, 2016, and December 22, 2016. The Court finds such fee to be reasonable and in accordance with Rule 1:21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. 2. Plaintiffs shall pay said amount to Special Counsel forthwith, specifically: a. $249,571.58 related to the Lyondell Distributions; b. $55,000.00 related to the settlement with Crown Central; and c. $7,800,000.00 related to the settlement with ConocoPhillips. 3. A copy of the within Order shall be served upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. (Signed by Judge Vernon S. Broderick on 7/21/2017) (mro)
June 21, 2017 Filing 526 NOTICE OF CHANGE OF ADDRESS by Peter C. Condron on behalf of Equilon Enterprises L L C, Motiva Enterprises L L C, Shell Oil Co., Shell Oil Company, Shell Oil Products Company, Shell Oil Products Company LLC, Shell Petroleum Inc, Shell Trading (U S) Co, Shell Trading (US) Company, T M R Co. New Address: Crowell & Moring LLP, 1001 Pennsylvania Ave. NW, Washington, DC, US 20004, 202-624-2558. Filed In Associated Cases: 1:00-cv-01898-VSB et al.(Condron, Peter)
May 23, 2017 Opinion or Order Filing 525 JUDICIAL CONSENT ORDER AS TO CONOCOPHILLIPS COMPANY ONLY: Within two (2) Working Days after the effective date of this JCO, ConcoPhillips shall pay the Plaintiffs thirty-nine million dollars($39,000,000) in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO as set forth in this order. The Settling Defendants covenant not to sue or assert any claim or cause of action against the Department, Administrator, or Commissioner, concerning the matters addressed in the Complaint and this JCO, with the exception of the enforcement of the terms of this JCO, unless settling Defendant is the subject of third party claims or causes of action for which the Department, Administrator, or Commissioner may be liable. The effective date of this JCO shall be the date upon which this JCO is entered by the Court. This Court retains jurisdiction over both the subject matter of this JCO and the Parties for the duration of the performance of the terms and provisions of this JCO for the purpose of enabling any of the Parties to apply to the Court at any time for such further order, direction, and relief as may be necessary or appropriate for the construction or modification of this JCO, or to effectuate or enforce compliance with its terms. The Settling Defendants consent to the entry of this JCO without further notice after the comment period specified in Paragraphs 19 and 20 above as set forth in this order. (Signed by Judge Vernon S. Broderick on 5/23/2017) (rj)
May 23, 2017 Filing 524 STIPULATION RELATED TO SETTLEMENT WITH CONOCOPHILLIPS COMPANY ONLY: THEREFORE, in response to the Court's decision and the previous objections of the non-settling defendants, Plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to 23. 24 ("Spill Act"), that is allocated by the fact finder in this action to ConocoPhillips based on its percentage of relative fault.Plaintiffs further agree that in any trial of this action, the trier of fact shall determine ConocoPhillips's percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if ConocoPhillips had remained a non-settling defendant. Except Stipulation as is provided strictly in paragraph 1 limited to the above, this ConocoPhillips Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. (Signed by Judge Vernon S. Broderick on 5/23/2017) (rj)
May 23, 2017 Opinion or Order Filing 523 JUDICIAL CONSENT ORDER AS TO CONOCOPHILLIPS COMPANY ONLY: Within two (2) Working Days after the effective date of this JCO, ConcoPhillips shall pay the Plaintiffs thirty-nine million dollars($39,000,000) in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO as set forth in this order. The Settling Defendants covenant not to sue or assert any claim or cause of action against the Department, Administrator, or Commissioner, concerning the matters addressed in the Complaint and this JCO, with the exception of the enforcement of the terms of this JCO, unless settling Defendant is the subject of third party claims or causes of action for which the Department, Administrator, or Commissioner may be liable. The effective date of this JCO shall be the date upon which this JCO is entered by the Court. This Court retains jurisdiction over both the subject matter of this JCO and the Parties for the duration of the performance of the terms and provisions of this JCO for the purpose of enabling any of the Parties to apply to the Court at any time for such further order, direction, and relief as may be necessary or appropriate for the construction or modification of this JCO, or to effectuate or enforce compliance with its terms. The Settling Defendants consent to the entry of this JCO without further notice after the comment period specified in Paragraphs 19 and 20 above as set forth in this order. (Signed by Judge Vernon S. Broderick on 5/23/2017) (rj) Modified on 6/12/2017 (rj).
March 21, 2017 Opinion or Order Filing 522 CONSENT DECREE AS TO CROWN CENTRAL LLC ONLY: Within fourteen (14) days after the effective date of this Consent Decree, Crown Central shall pay the Plaintiffs Two Hundred and Seventy Five Thousand Dollars ($275,000.00). (As further set out in the order). Crown Central Petroleum Corporation terminated. (Signed by Judge Vernon S. Broderick on 3/21/2017) (cla) Modified on 3/21/2017 (cla).
March 8, 2017 Filing 521 LETTER addressed to Judge Vernon S. Broderick from Gwen Farley, Deputy Attorney General dated March 8, 2017 re: Crown Central LLC Consent Decree Pending Before the Court. Document filed by New Jersey Department of Environmental Protection.(Axline, Michael)
June 28, 2016 Filing 520 MEMORANDUM OF LAW in Support re: (519 in 1:08-cv-00312-VSB) MOTION for Leave to File Fifth Amended Complaint . . Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Axline, Michael)
June 28, 2016 Filing 519 MOTION for Leave to File Fifth Amended Complaint . Document filed by New Jersey Department of Environmental Protection. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB(Axline, Michael)
May 16, 2016 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Debra C. Freeman. Please note that this is a reassignment of the designation only. (sjo)
May 16, 2016 NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Shira A. Scheindlin is no longer assigned to the case. (sjo)
April 29, 2016 Opinion or Order Filing 518 CASE MANAGEMENT ORDER NO. 123: MTBE DISCHARGE INFORMATION: By May 2, 2016, each Defendant shall produce the MTBE discharge/detection site information that was previously agreed on and memorialized in the Parties' February 26, 2016, email exchange. Within 30 days after October 14, 2016, the parties shall begin meeting and conferring to develop a proposed approach to any necessary additional Phase II discovery and Phase II trial structure consistent with CMO 124. As soon as is practicable thereafter, the Parties shall provide the Court with a joint proposed Case Management Order consistent with this Order. To the extent they cannot reach agreement, the Parties shall submit two competing proposed Case Management Orders. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 4/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
April 29, 2016 Opinion or Order Filing 517 CASE MANAGEMENT ORDER NO. 124: It is hereby ORDERED that any and all claims that remain following the Phase I trials shall be resolved in a single trial ("Phase II"), so long as such a trial protects the constitutional rights of all parties. The parties are directed to meet and confer on the structure of a Phase II trial in each case by the dates set in CMO No. 122 section 2 and CMO No. 123 section 6. Any dispute regarding the structure of such a trial will be resolved by the Court after full briefing, if required. Because the New Jersey and Puerto Rico I cases differ, the parties are not required to reach the same structure for a Phase II trial in each of those cases. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 4/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS, 1:08-cv-00312-SAS(kl)
April 29, 2016 Opinion or Order Filing 516 ORDER OF DISMISSAL AS TO DEFENDANT DUKE ENERGY MERCHANTS LLC ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and Defendant Duke Energy Merchants LLC only, the matter as to Defendant Duke Energy Merchants LLC only shall be and hereby is dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 4/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ama)
March 29, 2016 Opinion or Order Filing 515 ORDER OF DISMISSAL AS TO DEFENDANTS COASTAL EAGLE POINT OIL COMPANY AND EL PASO CORPORATION (n/k/a El Paso LLC) ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and Defendants Coastal Eagle Point Oil Company and El Paso Corporation (n/k/a El Paso LLC) only, the matter as to Defendants Coastal Eagle Point Oil Company and El Paso Corporation (n/k/a El Paso LLC) only shall be and hereby is dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 3/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl) Modified on 3/29/2016 (kl).
March 29, 2016 Opinion or Order Filing 514 ORDER OF DISMISSAL AS TO DEFENDANT VITOL S.A. ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and defendant Vitol S.A., the matter as to Vitol S.A. shall be and hereby is dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 3/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
March 18, 2016 Opinion or Order Filing 513 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 512 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 511 ORDER: The March 14, 2016 MTBE Status Conference for all cases is rescheduled for March 29, 2016 at 2:30PM. ( Status Conference set for 3/29/2016 at 02:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 3/3/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al., pursuant to instructions from Chambers. (mro) Modified on 3/4/2016 (mro).
March 2, 2016 Opinion or Order Filing 510 ORDER FOR FEES RELATED TO THE SETTLEMENTS WITH DEFENDANTS COASTAL EAGLE POINT OIL COMPANY AND EL PASO CORPORATION (n/k/a EL PASO LLC) AND WITH DEFENDANT DUKE ENERGY MERCHANTS, LLC: ORDERED as follows: 1. Special Counsel shall be and herby is entitled to a fee of twenty percent (20%) of the net recovery resulting from the settlement with Coastal and the settlement with Duke, the Court having found such fee to be reasonable and in accordance with Rule 1:21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. 2. Plaintiffs shall pay said amount to Special Counsel forthwith, specifically $4,000,000 as to the settlement with Coastal and $340,000 as to the settlement with Duke. 3. A copy of the within Order shall be served upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 3/2/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
February 23, 2016 Opinion or Order Filing 508 ORDER FOR ADMISSION PRO HAC VICE: The request of Meghan E. Judge, for admission to practice Pro Hac Vice in the above captioned action has been granted. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 2/23/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(kl)
February 19, 2016 Opinion or Order Filing 509 CONSENT DECREE AS TO DUKE ENERGY MERCHANTS, LLC ONLY: THEREFORE, with the consent of the Parties to this Consent Decree, it is hereby ORDERED and ADJUDGED: This case was removed to the United States District Court for the District of New Jersey pursuant to 28 U.S. C. 1446(d) and the Energy Policy Act of 2005, 42 U.S.C. 7545, et seq., which expressly authorized the removal of legal actions related to allegations involving MTBE contamination, and then assigned to the Southern District of New York ("S.D.N.Y.") as part of the Multi-District Litigation. For purposes of approving and implementing this Consent Decree, the Parties to this Consent Decree waive all objections and defenses they may have to the jurisdiction of this Court over the Parties and this Consent Decree. The Parties shall not challenge the S.D.N.Y.'s jurisdiction to enforce this Consent Decree against the parties to this Consent Decree. Within fourteen (14) days after the effective date of this Consent Decree, Duke shall pay the Plaintiffs One Million Seven Hundred Thousand Dollars ($1,700,000.00). (As further set forth in this Order) Duke Energy Merchants, LLC terminated. (Signed by Judge Shira A. Scheindlin on 2/19/2016) (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix F)(kl)
February 19, 2016 ***DELETED DOCUMENT. Deleted document number 507 Consent Decree. The document was incorrectly filed in this case. (kl)
February 19, 2016 Opinion or Order Filing 506 STIPULATION RELATED TO SETTLEMENT WITH DUKE ENERGY ONLY MERCHANTS LLC: THEREFORE, in response to the Court's decision and the previous objections of the non-settling defendants, Plaintiffs stipulate and agree as follows: 1. Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to 23.24 ("Spill Act"), that is allocated by the fact finder in this action to Duke based on its percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine Duke's percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if Duke had remained a non-settling defendant. Except as provided in paragraph 1 above, this Stipulation is strictly limited to the Duke Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. This Stipulation is expressly contingent and effective only upon the approval by the Court of the Duke Settlement. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 2/19/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
February 19, 2016 Opinion or Order Filing 505 MEMORANDUM OPINION AND ORDER #106261: For the foregoing reasons, plaintiffs' request is GRANTED. (As further set forth in this Opinion) (Signed by Judge Shira A. Scheindlin on 2/19/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl) Modified on 3/9/2016 (ca).
February 1, 2016 Opinion or Order Filing 504 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)
January 28, 2016 Opinion or Order Filing 503 STIPULATION RELATED TO SETTLEMENT WITH COASTAL EAGLE POINT OIL COMPANY AND EL PASO CORPORATION (n/k/a/ El PASO LLC) ONLY: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 09 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the fact finder in this action to Coastal based on its percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine Coastal's percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if Coastal had remained a non-settling defendant. Except as provided in paragraph 1 above, this Stipulation is strictly limited to the Coastal Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. SO ORDERED. Coastal Eagle Point Oil Company, Coastal Eagle Point Oil Company, Coastal Eagle Point Oil Company, El Paso Corporation, El Paso Corporation, El Paso Corporation, El Paso Corporation, Coastal Eagle Point Oil Co and Coastal Eagle Point Oil Company terminated. (Signed by Judge Shira A. Scheindlin on 1/28/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
January 28, 2016 Opinion or Order Filing 502 JUDICIAL CONSENT ORDER AS TO COASTAL EAGLE POINT OIL COMPANY AND EL PASO CORPORATION (n/k/a El Paso LLC) ONLY: THEREFORE, with the consent of the Parties to this JCO, it is hereby ORDERED and ADJUDGED: This case was removed to the United States District Court for the District of New Jersey pursuant to 28 U.S. C. 1446(d) and the Energy Policy Act of 2005, 42 U.S.C. 7545, et seq., which expressly authorized the removal of legal actions related to allegations involving MTBE contamination, and then assigned to the United States District Court for the Southern District of New York as part of the Multi-District Litigation. 2. For purposes of approving and implementing this JCO, the Parties to this JCO waive all objections and defenses they may have to the jurisdiction of this Court over the Parties and this JCO. The Parties shall not challenge the jurisdiction of the United States District Court for the Southern District of New York to enforce this JCO against the parties to this JCO. This JCO applies to, and is binding upon, the Plaintiffs and the named Settling Defendants, as defined below (each, a "Party" and collectively, the "Parties"). (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 1/28/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl) Modified on 1/28/2016 (kl).
January 28, 2016 Opinion or Order Filing 501 MEMORANDUM OPINION AND ORDER #106184: Currently before the Court is plaintiffs' request for judicial approval of the Judicial Consent Order ("JCO"), which recites the terms of their settlement with Coastal Eagle Point Oil Company and El Paso Corporation (the "Coastal Defendants"). The JCO resolves all claims against the Coastal Defendants for twenty million dollars. In addition, the JCO is accompanied by a stipulation whereby plaintiffs agree "to reduce any judgment... [by] any portion of any judgment under the New Jersey Spill Compensation and Control Act... that is allocated by the fact finder in this action to Coastal based on its percentage of relative fault." For the reasons stated below, plaintiffs' request is GRANTED. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 1/28/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl) Modified on 2/4/2016 (ca).
December 7, 2015 Filing 500 AMENDED ANSWER to. Document filed by Exxon Mobil Corp. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS, 1:07-cv-10470-SAS, 1:08-cv-00312-SAS, 1:14-cv-01014-SAS(Gerson, Lisa)
December 4, 2015 Opinion or Order Filing 499 ORDER FOR FEES RELATED TO THE SETTLEMENTS WITH LYONDELL CHEMICAL CORPORATION AND WITH VITOL S.A.: It is on this 4th day of December, 2015; ORDERED as follows: Special Counsel shall be and hereby is entitled to a fee of twenty percent (20%) of the net recovery resulting from the settlement with Lyondell and the settlement with Vitol, the Court having found such, fee t11 be reasonable and in accordance with Rule 1:21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. Plaintiffs shall pay said amount to Special Counsel forthwith, specifically $2,594,348.42 as to the settlement with Lyondell and $430,000 as to the settlement with Vitol. A copy of the within Order shall be served upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt therof. (Signed by Judge Shira A. Scheindlin on 12/4/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
December 3, 2015 Opinion or Order Filing 498 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)
December 2, 2015 Opinion or Order Filing 497 ORDER OF DISMISSAL AS TO DEFENDANT VITOL S.A. ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and defendant Vitol S.A., the matter as to Vitol S.A. shall be and hereby is dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 12/2/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
December 2, 2015 Opinion or Order Filing 496 ORDER OF DISMISSAL AS TO DEFENDANTS LYONDELL CHEMICAL COMPANY AND LYONDELL-CITGO REFINING LP ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and defendants Lyondell Chemical Company and Lyondell-Citgo Refining LP, the matter as to Lyondell Chemical Company and Lyondell-Citgo Refining LP shall be and hereby is dismissed with prejudice, with each side to bear its own costs. Lyondell-Citgo Refining, LP terminated. (Signed by Judge Shira A. Scheindlin on 12/2/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)
September 29, 2015 Opinion or Order Filing 495 STIPULATION RELATED TO SETTLEMENT WITH VITOL S.A. ONLY: 1. Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to - 23.24 ("Spill Act"), that is allocated by the fact finder in this action to Vitol based on its percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine Vitol's percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if Vitol had remained a non-settling defendant. 2. Except as provided in paragraph 1 above, this Stipulation is strictly limited to the Vitol Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. 3. This Stipulation is expressly contingency and effective only upon the approval by the Court of the Vitol Settlement. SO ORDERED. Vitol S.A. and Vitol, S.A. terminated. (Signed by Judge Shira A. Scheindlin on 9/29/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ajs)
September 28, 2015 Opinion or Order Filing 494 CONSENT DECREE AS TO VITOL S.A. ONLY in favor of plaintiffs against Vitol S.A. in the amount of $ 2,150,000.00. The Settling Defendants consent to the entry of this Consent Decree without further notice after the comment period specified in Paragraphs 19 and 20. Within thirty days of the Plaintiffs' receipt of payment as set forth in Section V above, Plaintiffs shall request that the Court dismiss this action as to the Settling Defendants with prejudice pursuant to Fed. R. Civ. P. 41(a)(2). SO ORDERED. (As further set forth within this Order.) (Signed by Judge Shira A. Scheindlin on 9/28/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ajs)
September 17, 2015 Opinion or Order Filing 493 STIPULATION AND ORDER CONCERNING POSSESSION, RETENTION AND DESTRUCTION OF RECORDS: The undersigned hereby agree and are bound to the terms, conditions and obligations set forth in the Retention Order, a true copy of which is attached hereto and made a part hereof. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 9/17/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ajs)
September 11, 2015 Opinion or Order Filing 492 STIPULATION RELATED TO SETTLEMENT WITH LYONDELL CHEMICAL COMPANY ONLY: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect of to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the fact finder in this action to Lyondell based on its percentage of relative fault. Plaintiffs further agree that an any trial of this action, the trier of fact shall determine Lyondell's percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if Lyondell had remained an non-settling defendant. 2. Except as provided in paragraph 1 above, this Stipulation is strictly limited and in no other way limits or reduces the liability of any responsible party. 3. This Stipulation is expressly contingent and effective only upon the approval by the Court of the Lyondell Settlement. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 9/11/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ajs)
September 9, 2015 Opinion or Order Filing 491 ORDER APPROVING SETTLEMENT AS TO LYONDELL CHEMICAL COMPANY ONLY: ORDERED that the Settlement Agreement and Release attached hereto shall be and hereby is approved. Lyondell Chemical Company terminated. (Signed by Judge Shira A. Scheindlin on 9/9/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ajs)
August 24, 2015 CASE PARTIALLY REMANDED OUT (see entry no. 490) from the U.S.D.C. Southern District of New York to the U.S. Agency - of United States District Court for the District of New Jersey (Trenton). Sent certified copy of docket entries and remand order. Mailed via Federal Express AIRBILL # 1Z E22 E53 37 1003 632 7 on 8/26/2015. (ama)
August 24, 2015 Opinion or Order Filing 490 STIPULATION PURSUANT TO JPML RULE 10.4(a): NOW THEREFORE, IT IS STIPULATED AND AGREED that the parties request that the entirety of the docket for S.D.N.Y. Case No. 1:08-CV-00312, with the exception of the documents listed on the attached Exhibit A, be remanded to the United States District Court for the District of New Jersey. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 8/24/2015) (ama)
August 24, 2015 Transmission to Docket Assistant Clerk. Transmitted re: #490 Stipulation and Order, to the Docket Assistant Clerk for case processing. (ama)
June 18, 2015 Filing 488 LETTER addressed to Judge Shira A. Scheindlin from William A. Walsh dated 1/12/2015 re: Reply letter. (ajs)
June 18, 2015 Filing 487 TRANSCRIPT of Proceedings re: Status Conference held on 1/15/2015 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement)(ajs)
June 18, 2015 Filing 486 TRANSCRIPT of Proceedings re: Tele-conference held on 10/20/2014 before Judge Shira A. Scheindlin. (ajs)
June 18, 2015 Filing 485 TRANSCRIPT of Proceedings re: Status Conference held on 10/1/2014 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #5 Supplement) (ajs).
June 18, 2015 Filing 484 TRANSCRIPT of Proceedings re: Status Conference held on 5/13/2014 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #2 Supplement, #3 Supplement) (ajs).
June 18, 2015 Filing 483 TRANSCRIPT of Proceedings re: Status Conference held on 11/18/2013 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #3 Supplement, #4 Supplement) (ajs).
June 18, 2015 Filing 482 TRANSCRIPT of Proceedings re: Status Conference held on 10/15/2013 before Judge Shira A. Scheindlin. (ajs)
June 18, 2015 Filing 481 TRANSCRIPT of Proceedings re: Status Conference held on 9/10/2013 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #3 Supplement, #4 Supplement, #5 Supplement) (ajs).
June 18, 2015 Filing 480 TRANSCRIPT of Proceedings re: Status Conference held on 8/19/2013 before Judge Shira A. Scheindlin. (ajs)
June 18, 2015 Filing 479 TRANSCRIPT of Proceedings re: Status Conference held on 7/17/2013 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #4 Supplement) (ajs).
June 18, 2015 Filing 478 TRANSCRIPT of Proceedings re: Status Conference held on 4/10/2013 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #4 Supplement, #5 Supplement, #6 Supplement, #7 Supplement) (ajs).
June 18, 2015 Filing 477 TRANSCRIPT of Proceedings re: Tele-conference held on 3/22/2013 before Judge Shira A. Scheindlin. (ajs)
June 18, 2015 Filing 476 TRANSCRIPT of Proceedings re: Status Conference held on 2/25/2013 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement)(ajs)
June 18, 2015 Filing 475 TRANSCRIPT of Proceedings re: Status Conference held on 1/18/2013 before Judge Shira A. Scheindlin. (ajs)
June 18, 2015 Filing 474 TRANSCRIPT of Proceedings re: Tele-conference held on 12/19/2012 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #2 Supplement, #3 Supplement) (ajs).
June 18, 2015 Filing 473 TRANSCRIPT of Proceedings re: Status Conference held on 12/5/2012 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement) (ajs).
June 18, 2015 Filing 472 TRANSCRIPT of Proceedings re: Status Conference held on 10/22/2012 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement)(ajs)
June 18, 2015 Filing 471 TRANSCRIPT of Proceedings re: Status Conference held on 8/16/2012 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #2 Supplement, #3 Supplement, #4 Supplement) (ajs).
June 18, 2015 Filing 470 TRANSCRIPT of Proceedings re: Status Conference held on 7/12/2012 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #3 Supplement, #4 Supplement, #5 Supplement) (ajs).
June 18, 2015 Filing 469 TRANSCRIPT of Proceedings re: Status Conference held on 6/7/2012 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement)(ajs)
June 18, 2015 Filing 468 Special Master Hearing Transcript. (ajs)
June 18, 2015 Filing 467 TRANSCRIPT of Proceedings re: Status Conference held on 5/2/2012 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement)(ajs)
June 18, 2015 Filing 466 Special Master Hearing Transcript. (ajs)
June 18, 2015 Filing 465 TRANSCRIPT of Proceedings re: Status Conference held on 3/30/2012 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #4 Supplement) (ajs).
June 18, 2015 Filing 464 TRANSCRIPT of Proceedings re: Status Conference held on 2/24/2012 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement)(ajs)
June 18, 2015 Filing 463 TRANSCRIPT of Proceedings re: Status Conference held on 1/20/2012 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement)(ajs)
June 18, 2015 Filing 462 TRANSCRIPT of Proceedings re: Status Conference held on 12/13/2011 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #4 Supplement) (ajs).
June 18, 2015 Filing 461 Tele-Conference with Special Master Transcript. (ajs)
June 18, 2015 Filing 460 Tele-Conference with Special Master Transcript. (ajs)
June 18, 2015 Filing 459 Tele-Conference with Special Master Transcript. (ajs)
June 18, 2015 Filing 458 Tele-Conference with Special Master Transcript. (ajs)
June 18, 2015 Filing 457 Transcript of Discovery Hearing before Special Master. (ajs)
June 18, 2015 Filing 456 TRANSCRIPT of Proceedings re: Status Conference held on 3/30/2011 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement)(ajs)
June 18, 2015 Filing 455 TRANSCRIPT of Proceedings re: Status Conference held on 2/15/2011 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement)(ajs)
June 18, 2015 Filing 454 TRANSCRIPT of Proceedings re: Tele-conference held on 1/13/2011 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement)(ajs)
June 18, 2015 Filing 453 TRANSCRIPT of Proceedings re: Status Conference held on 11/23/2010 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #4 Supplement) (ajs).
June 18, 2015 Filing 452 Transcript of Discovery Hearing before Special Master. (ajs)
June 18, 2015 Filing 451 Tele-Conference with Special Master Transcript. (ajs)
June 18, 2015 Filing 450 TRANSCRIPT of Proceedings re: Tele-conference held on 10/11/2010 before Judge Shira A. Scheindlin. (ajs)
June 18, 2015 Filing 449 Tele-Conference with Special Master Transcript. (ajs)
June 18, 2015 Filing 448 Tele-Conference with Special Master Transcript. (ajs)
June 18, 2015 Filing 447 Tele-Conference with Special Master Transcript. (ajs)
June 18, 2015 Filing 446 Tele-Conference with Special Master Transcript. (ajs)
June 18, 2015 Filing 445 Tele-Conference with Special Master Transcript. (ajs)
June 18, 2015 Filing 444 Tele-Conference with Special Master Transcript. (ajs)
June 18, 2015 Filing 443 Special Master Hearing Transcript. (ajs)
June 18, 2015 Filing 442 TRANSCRIPT of Proceedings re: Status Conference held on 5/19/2010 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement)(ajs)
June 18, 2015 Filing 441 TRANSCRIPT of Proceedings re: Status Conference held on 4/14/2010 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement)(ajs)
June 18, 2015 Filing 440 TRANSCRIPT of Proceedings re: Status Conference held on 3/29/2010 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #4 Supplement, #5 Supplement, #6 Supplement) (ajs).
June 18, 2015 Filing 439 TRANSCRIPT of Proceedings re: Status Conference held on 1/7/2010 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement)(ajs) (Additional attachment(s) added on 6/25/2015: #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement, #7 Supplement) (ajs).
June 18, 2015 Filing 438 TRANSCRIPT of Proceedings re: Conference held on 10/29/2009 before Judge Shira A. Scheindlin. (ajs) Modified on 6/24/2015 (ajs). Modified on 6/24/2015 (ajs).
June 18, 2015 Filing 437 TRANSCRIPT of Proceedings re: Status Conference held on 4/2/2009 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement)(ajs) Modified on 6/24/2015 (ajs). (Additional attachment(s) added on 6/24/2015: #4 Supplement) (ajs).
June 18, 2015 Filing 436 TRANSCRIPT of Proceedings re: Status Conference held on 12/11/2008 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement Plaintiffs' Amended Reply, #2 Supplement Defendants' Reply, #3 Supplement Plaintiffs' Reply)(ajs) Modified on 6/24/2015 (ajs). (Additional attachment(s) added on 6/25/2015: #4 Supplement, #5 Supplement) (ajs).
June 18, 2015 Filing 435 TRANSCRIPT of Proceedings re: Status Conference held on 10/2/2008 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement Plaintiffs' Letter, #2 Supplement Defendants' Reply, #3 Supplement Plaintiffs' Reply)(ajs) Modified on 6/24/2015 (ajs). (Additional attachment(s) added on 6/25/2015: #4 Supplement, #5 Supplement, #6 Supplement) (ajs).
June 18, 2015 Filing 434 TRANSCRIPT of Proceedings re: Status Conference held on 8/12/2008 before Judge Shira A. Scheindlin. (Attachments: #1 Supplement Defendants' Letter, #2 Supplement Plaintiffs' Letter, #3 Supplement Defendants' Reply, #4 Supplement Plaintiffs' Letter)(ajs) Modified on 6/24/2015 (ajs).
June 18, 2015 Filing 433 STIPULATION REGARDING TASTE & ORDER.(ajs)
June 18, 2015 Filing 432 PRE-TRIAL ORDER #78. (Signed by Special Master on 12/18/2013) (ajs)
June 18, 2015 Filing 431 PRE-TRIAL ORDER #73. (Signed by Special Master on 7/11/2012) (ajs)
June 18, 2015 Filing 430 PRE-TRIAL ORDER #72. (Signed by Special Master on 5/23/2012) (ajs)
June 18, 2015 Filing 429 PRE-TRIAL ORDER #71. (Signed by Special Master on 2/24/2012) (ajs)
June 18, 2015 Filing 428 PRE-TRIAL ORDER #66. (Signed by Special Master on 9/1/2011) (ajs)
June 18, 2015 Filing 427 PRE-TRIAL ORDER #60-A. (Signed by Special Master on 6/26/2010) (ajs)
June 18, 2015 Filing 426 PRE-TRIAL ORDER #60. (Signed by Special Master on 6/25/2010) (ajs)
June 18, 2015 Filing 425 INDEX OF DOCUMENTS TO BE ADDED TO CASE No. 08-CV-00312. (ajs)
June 18, 2015 Opinion or Order Filing 424 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from James A. Pardo dated 6/18/2015 re: Request for documents to be placed on the docket. ENDORSEMENT: SO ORDERED. (Signed by Judge Shira A. Scheindlin on 6/18/2015) (ajs)
May 14, 2015 Opinion or Order Filing 423 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)
April 15, 2015 Filing 489 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER AND SEPARTION OF CLAIMS CONDITIONAL REMAND ORDER FROM THE MDL PANEL...It appears that the claims concerning the nineteen Trial Sites in the above captioned civil action be separated and remanded to the transferor court, as to the following defendants: Sunoco, Inc.; Sunoco, Inc.(R&M); ExxonMobil Corporation; Mobil Corporation; ExxonMobil Oil Corporation; Getty Petroleum Marketing, Inc.; Getty Properties Corp.; Gulf Acquisition LLC; Gulf Oil Limited Partnership; Cumberland Farms, Inc.; Shell Oil Company; Shell Oil Products Company LLC; Shell Trading (US) Company; BP America, Inc.; BP Amoco Chemical Company; BP Amoco Corporation; BP Products North America, Inc.; and Conoco Phillips Company transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - District of New Jersey. (Signed by MDL Panel on 4/15/2015) (sjo)
February 24, 2015 Opinion or Order Filing 422 SUGGESTION TO REMAND: On January 3, 2008, the Judicial Panel on Multidistrict Litigation transferred the case captioned New Jersey Department of Environmental Protection, et al. v. Atlantic Richfield Co., et al., Case No. 08-cv-00312 (S.D.N.Y.); 3:07-cv-5284 (D.N.J.) (the "Action"), to this Court for coordinated and consolidated pretrial proceedings in MDL No. 1358. The Action involves alleged contamination of groundwater with methyl-tertiary butyl ether ("MTBE") at thousands of sites in the state of New Jersey. On March 11, 2010, this Court issued Case Management Order #60, which set forth a procedure for the parties to select a subset of those sites (the "Trial Sites") on which fact and expert discovery would proceed. The Trial Sites are set forth within. The Court hereby finds that discovery on the Trial Sites has been substantially completed and that the coordinated and consolidated pretrial proceedings have run their course with respect to claims related to the Trial Sites. The Court therefore suggests that the Panel remand to the United States District Court for the District of New Jersey all remaining claims as to the Trial Sites - consistent with CMO 107 (attached) - for all further proceedings, including additional pretrial and trial proceedings. As of this time this Court will retain jurisdiction over the remainder of the Action in order to conduct coordinated and consolidated pretrial proceedings. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 2/24/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ajs)
December 24, 2014 Filing 421 LETTER addressed to Judge Shira A. Scheindlin from Stephen J. Riccardulli dated 12/24/14 re: plaintiffs' 12/19/14 letter regarding a proposed Motion for Suggestion of Remand. Document filed by ExxonMobil Corporation.(Riccardulli, Stephen)
December 23, 2014 Filing 420 AMENDED ANSWER to., CROSSCLAIM against John and Jane Does Nos. 1-100. Document filed by Lukoil Americas Corporation. (Parisi, Matthew)
December 16, 2014 Opinion or Order Filing 419 ORDER: 3. Based on the materials submitted by Special Counsel with their request for approval of fees resulting from the settlements with Citgo, Valero, George E. Warren, and Hess, including but not limited to Special Counsel's lodestar hours, Special Counsel's retention agreement with the State of New Jersey, and the declarations submitted with the request for approval, the Court finds that the applications comply with the Protocol, and that the requested fees are reasonable and in accordance with Rule 1:21-7 of the Rules Governing the Courts of New Jersey and Rule 1.5 of the New Jersey Rules of Professional Conduct. 4. Specifically the Court finds that the following fee amounts, which are consistent with the rates set forth in Special Counsel's retention agreement with the State of New Jersey, are reasonable and shall be paid to Special Counsel as provided in the retention agreement: As to the settlement with Citgo: $3,404,801.40; As to the settlement with George E. Warren: $410,000.00; As to the settlement with Valero: $3,500,000.00; As to the settlement with Hess: $6,971,785.11. 5. A copy of the within Order shall be served upon the Office of the Attorney General of the State of New Jersey within five days of the receipt thereof. (Signed by Judge Shira A. Scheindlin on 12/16/2014) (djc) Modified on 12/16/2014 (djc).
December 12, 2014 Opinion or Order Filing 418 ORDER: The law firm Cohn Lifland Pearlman Herrmann & Knopf LLP ("CLPHK"), on behalf of CLPHK, Miller and Axline P.C, the Law Office of John K. Dema, P.C., and Berger & Montague P.C. (collectively referred to herein as "Special Counsel"), and upon notice to and with the support of John J. Hoffman, Acting Attorney General of the State of New Jersey, has recently petitioned this Court to approve attorneys' fees sought in connection with recent settlements approved in the above-captioned action. To streamline the fee application process in this action, the Court hereby orders as follows: 1. This Order establishes a protocol for the submission of fee applications and for approval of the attorneys' fees to be paid on the recoveries resulting from settlements approved, or judgments obtained, in this action. 2. With each application for a fee, Special Counsel shall furnish the Court with the following information: the gross and net value of the recovery, the fee sought for that particular recovery, as well as the cumulative amount of settlements (or judgments) achieved as of the time of the application, the cumulative fees approved as of the time of the application, the cumulative amount of costs, and the cumulative lodestar and its basis. 3. Special Counsel shall also provide to the Court with each fee application an updated chart in the form attached hereto as Exhibit "A." 4. In future applications to this Court for fees in this action, Special Counsel and plaintiffs may rely on and incorporate by reference documents submitted in conjunction with the applications submitted for fees with respect to the first four settlements obtained in this action. Such reliance does not negate the explicit obligations set forth in Paragraphs 2 & 3 above. 5. A copy of this Order shall be served upon the Office of the Attorney General of the State of New Jersey within five (5) days of the receipt thereof. (Signed by Judge Shira A. Scheindlin on 12/12/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(mro)
December 11, 2014 Opinion or Order Filing 417 ORDER OF DISMISSAL AS TO DEFENDANT CITGO PETROLEUM CORPORATION ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and defendant Citgo Petroleum Corporation, the matter as to Citgo Petroleum Corporation only shall be and hereby is dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 12/11/2014) (ajs)
December 11, 2014 Opinion or Order Filing 416 ORDER OF DISMISSAL AS TO DEFENDANT GEORGE E. WARREN CORPORATION ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and defendant George E. Warren Corporation, the matter as to George E. Warren Corporation shall be and hereby is dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 12/11/2014) (ajs) Modified on 12/11/2014 (ajs).
December 11, 2014 Opinion or Order Filing 415 ORDER OF DISMISSAL AS TO DEFENDANT HESS CORPORATION ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and defendant Hess Corporation, the matter as to Hess Corporation shall be and hereby is dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 12/11/2014) (ajs)
December 11, 2014 Opinion or Order Filing 414 ORDER OF DISMISSAL AS TO DEFENDANTS PREMCOR REFINING GROUP INC., VALERO ENERGY CORPORATION, VALERO MARKETING AND SUPPLY COMPANY, VALERO REFINING COMPANY-NEW JERSEY, VALERO REFINING AND MARKETING COMPANY, ULTRAMAR ENERGY INC., AND ULTRAMAR LTD. ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and defendants Premcor Refining Group Inc., Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining Company-New Jersey, Valero Refining and Marketing Company, Ultramar Energy Inc., and Ultramar Ltd., the matter as to those parties only shall be and hereby is dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 12/11/2014) (ajs)
November 21, 2014 Opinion or Order Filing 413 CONSENT DECREE AS TO GEORGE E. WARREN CORPORATION ONLY: THEREFORE, with the consent of the Parties to this Consent Decree, it is hereby ORDERED and ADJUDGED: This Consent Decree applies to, and is binding upon, the Plaintiffs and only the named Settling Defendants, as defined below (each, a "Party" and collectively, the "Parties"). Within fourteen ( 14) days after the effective date of this Consent Decree, George E. Warren shall pay the PlaintiffsTwo Million and Fifty Thousand Dollars ($2,050,000). George E. Warren shall pay the amount specified in Paragraph 5 (a) above by certified check made payable to"Treasurer, State of New Jersey." George E. Warren shall mail or otherwise deliver the payment and any payment invoice if previously received from Plaintiffs to: John N. Sacco, Chief Office of Natural Resource Restoration Green Acres Program, New Jersey Department of Environmental Protection, 501 East State Street, 1st Floor Mail Code 501-01 Trenton, New Jersey 08625;with a photocopy thereof to: Section Chief, Cost Recovery and Natural Resource Damages Section, Division of Law, Department of Law and Public Safety,Richard J. Hughes Justice Complex, 25 Market Street, P.O. Box 093, Trenton, New Jersey 08625-0093...The effective date of this Consent Decree shall be thedate upon which this Consent Decree is entered by the Court...Within thirty days of the Plaintiffs' receipt of payment as set forth in Section V above, Plaintiffs shall request that the Court dismiss this action as to the SettlingDefendants with prejudice pursuant to Fed. R. Civ. P. 41(a)(2). (Signed by Judge Shira A. Scheindlin on 11/20/2014) (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix)(mt)
November 21, 2014 Opinion or Order Filing 412 JUDICIAL CONSENT ORDER AS TO HESS CORPORATION ONLY: THEREFORE, with the consent of the Parties to this JCO, it is hereby ORDERED and ADJUDGED: SETTLING DEFENDANTS' COMMITMENTS: Within fourteen (14) Days after the effective date of this JCO, Hess shall pay the Plaintiffs Thirty-five million, five hundred thousand dollars ($35,500,000) in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO. Hess shall pay the amount specified in Paragraph 5(a)above by certified check made payable to "Treasurer, State of New Jersey," or by wire transfer pursuant to instructions provided by Plaintiffs. The effective date of this JCO shall be the date upon which this JCO is entered by the Court.Within thirty days of the Plaintiffs' receipt of payment as set forth in Section V above, Plaintiffs shall request that the Court dismiss this Complaint as to Hess with prejudice pursuant to Fed. R. Civ. P. 41(a)(2). And as set forth herein. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/20/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ama)
November 21, 2014 Opinion or Order Filing 411 JUDICIAL CONSENT ORDER AS TO THE PREMCOR REFINING GROUP, INC., VALERO ENERGY CORPORATION, VALERO MARKETING AND SUPPLY COMPANY, VALERO REFINING COMPANY-NEW JERSEY, VALERO REFINING AND MARKETING COMPANY, ULTRAMAR ENERGY, INC., AND ULTRAMAR LTD. ONLY: THEREFORE, with the consent of the Parties : THEREFORE, with the consent of the Parties to this JCO, it is hereby ORDERED and ADJUDGED:For purposes of approving and implementing this JCO, the Parties to this JCO waive all objections and defenses they may have to the jurisdiction of this Court over the Parties and this JCO. The Parties shall not challenge the jurisdiction of the United States District Court for the Southern District of New York to enforce this JCO against the parties to this JCO. This JCO applies to, and is binding upon, the Plaintiffs and the named Settling Defendants, as defined below (each, a "Party" and collectively, the "Parties"). SETTLING DEFENDANTS, COMMITMENTS: Within fourteen ( 14) Days after the effective date ofthis JCO, Valero Defendants shall pay the Plaintiffs Seventeen Million and Five Hundred Thousand Dollars ($17,500,000.00) in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO. Valero Defendants shall pay the amount specified in Paragraph S(a) above by certified check made payable to "Treasurer, State of New Jersey," or by wire transfer pursuant to instructions provided by Plaintiffs. The effective date of this JCO shall be the date upon which this JCO is entered by the Court. The Settling Defendants consent to the entry of this JCO without further notice after the comment period specified in Paragraphs 18 and 19 above. Within thirty days of the Plaintiffs' receipt of payment as set forth in Section V above, Plaintiffs shall request that the Court dismiss this Complaint as to The Premcor Refining Group Inc., Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining Company-New Jersey, Valero Refining and Marketing Company, Ultramar Energy Inc., and Ultramar Ltd. with prejudice pursuant to Fed. R. Civ. P. 41(a)(2). And as set forth herein. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/20/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ama)
November 21, 2014 Opinion or Order Filing 410 STIPULATION RELATED TO SETTLEMENT WITH GEORGE E. WARREN CORPORATION ONLY: THEREFORE, in response to the Court's decision and the previous objections of the non-setting defendants, Plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 civ 312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the fact finder in this action to Hess based on its percentage of relative fault. And as set forth herein. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/20/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ama)
November 21, 2014 Opinion or Order Filing 409 STIPULATION RELATED TO SETTLEMENT WITH THE PREMCOR REFINING GROUP, INC., VALERO ENERGY CORPORATION, VALERO MARKETING AND SUPPLY COMPANY, VALERO REFINING COMPANY NEW JERSEY, VALERO REFINING AND MARKETING COMPANY, ULTRAMAR ENERGY INC., AND ULTRAMAR LTD. ONLY: THEREFORE, in response to the Court's decision and the previous objections of the non-setting defendants, Plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 civ 312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the fact finder in this action to Hess based on its percentage of relative fault. And as set forth herein. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/20/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ama)
November 21, 2014 Opinion or Order Filing 408 STIPULATION RELATED TO SETTLEMENT WITH THE HESS CORPORATION ONLY: THEREFORE, in response to the Court's decision and the previous objections of the non-setting defendants, Plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 civ 312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the fact finder in this action to Hess based on its percentage of relative fault. And as set forth herein. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/20/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ama) Modified on 11/21/2014 (ama).
October 28, 2014 Filing 407 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/20/2014 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...(McGuirk, Kelly)
October 28, 2014 Filing 406 TRANSCRIPT of Proceedings re: conference held on 10/20/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Linda Fisher, (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 11/21/2014. Redacted Transcript Deadline set for 12/4/2014. Release of Transcript Restriction set for 1/29/2015.(McGuirk, Kelly)
October 20, 2014 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 10/20/2014. (Bloomfield, Clifford)
October 17, 2014 Filing 405 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 404 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)
October 1, 2014 Filing 403 STIPULATION RELATED TO SETTLEMENT WITH CITGO PETROLEUM CORPORATION ONLY: Plaintiffs and defendant CITGO PETROLEUM CORPORATION ("Citgo") entered into a settlement agreement (the "CITGO Settlement") that was submitted to this Court for approval; and certain non-settling defendants have previously objected to the settlement in this case between defendant CITGO Petroleum Corporation and Plaintiffs; and the Court denied the motion to approve the settlement between CITGO Petroleum Corporation and Plaintiffs; THEREFORE, in response to the Court's decision and the previous objections of the non-settling defendants, Plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.)... Except as provided in paragraph 1 above, this Stipulation is strictly limited to the CITGO Settlement and in no other way limits or reduces the liability of any responsible party, and as further set forth herein. (Signed by Judge Shira A. Scheindlin on 10/1/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ja) Modified on 10/2/2014 (ja).
October 1, 2014 Opinion or Order Filing 402 STIPULATION RELATED TO NJ MTBE SETTLEMENTS: Plaintiffs and defendant CITGO Petroleum Corporation ("Citgo") entered into a settlement agreement (the "Citgo Settlement") that was submitted to this Court for approval; and certain non-settling defendants objected to the Citgo Settlement; and the Court denied the motion to approve the Citgo Settlement; THEREFORE, in response to the Court's decision and the objections of the non-settling defendants, Plaintiffs and Defendants stipulate and agree as follows: Plaintiffs will enter into the stipulation attached hereto as Exhibit A for any defendant that enters into a written settlement with Plaintiffs in this litigation, notice of which is provided to the Court by the Plaintiffs and settling defendant(s) prior to the first of either (a) commencement of opening statements in the first trial of one or more of the Trial Sites identified in CMO 107 in Phase 1 of this litigation, or (b) the Court issuing an order that forecloses such a trial... All Defendants that previously objected to the Citgo Settlement in the past hereby expressly withdraw their objections to such settlement, and as further set forth herein. (Signed by Judge Shira A. Scheindlin on 10/1/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ja) Modified on 10/2/2014 (ja).
October 1, 2014 Opinion or Order Filing 401 JUDICIAL CONSENT ORDER AS TO CITGO PETROLEUM CORPORATION ONLY:... Plaintiffs, in their Complaint, seek past and future damages they have incurred and will incur as a result of alleged widespread contamination of the waters of New Jersey by MTBE. Plaintiffs, in their Complaint, seek past and future costs they have incurred and will incur as a result of alleged widespread contamination of the waters of New Jersey by MTBE... CITGO is a Delaware corporation with its principal place of business at 1293 Eldridge Parkway, Houston, Texas. CITGO filed responsive pleadings in which it denied liability and asserted various defenses to the allegations contained in the Complaint. The Parties to this Judicial Consent Order ("JCO") recognize, and this Court by entering this JCO finds, that the Parties to this JCO have negotiated this JCO in good faith; that the implementation of this JCO will allow the Parties to this JCO to avoid continued, prolonged, and complicated litigation; and that this JCO is fair, reasonable, and in the public interest. THEREFORE, with the consent of the Parties to this JCO, it is hereby ORDERED and ADJUDGED to the following as set forth herein... SETTLING DEFENDANTS' COMMITMENTS: Within fourteen (14) Days after the effective date of this JCO, CITGO shall pay the Plaintiffs Twenty-three million, two hundred and fifty thousand dollars ($23,250,000) in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO, and as further set forth herein... PLAINTIFFS' COVENANTS AND RELEASES: In consideration of, and upon receipt of, the payment required in Section V above, and except as otherwise provided in Section VII below, the Plaintiffs fully and forever release, covenant not to sue... The Parties to this JCO agree that it was negotiated fairly between them at arms' length and that the final terms of this JCO shall be deemed to have been jointly and equally drafted by them, and that the provisions of this JCO therefore should not be construed against a Party to it on the grounds that the Party drafted or was more responsible for drafting the provision(s). (Signed by Judge Shira A. Scheindlin on 10/1/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ja) Modified on 10/2/2014 (ja).
September 3, 2014 Opinion or Order Filing 400 MEMORANDUM OPINION AND ORDER #104680 re: (381 in 1:08-cv-00312-SAS, 4021 in 1:00-cv-01898-SAS-DCF) MOTION Enforce Protective Orders' Waiver and Declassification Provisions, filed by New Jersey Department of Environmental Protection. In this consolidated multi-district litigation ("MDL"), Plaintiffs seek relief from contamination, or threatened contamination, of groundwater from various defendants' use of the gasoline additive methyl tertiary butyl ether ("MTBE") and/or tertiary butyl alcohol, which is a product formed by the natural degradation of MTBE in water. Familiarity with the facts of this case is presumed for the purposes of this Order. Between 2010 and 2012, non-parties - the Hamner Institute for Health Sciences ("Hamner") and Environmental Pathology Laboratories, Inc. ("EPL") - produced tens of thousands of documents to Plaintiffs pursuant to a Rule 45 subpoena. The documents were subject to two stipulated protective orders that agreed that these documents would be treated as confidential. Currently before the Court is Plaintiffs' motion to lift the confidentiality designation for these documents. For the following reasons, Plaintiffs' motion is DENIED.... For the aforementioned reasons, Plaintiffs' motion is DENIED. The Clerk of the Court is directed to close this motion (Doc. No. 381/4021 ). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 9/3/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ja) Modified on 9/4/2014 (ca).
August 28, 2014 Filing 399 SEALED DOCUMENT placed in vault.(rz)
August 20, 2014 Filing 398 REPLY MEMORANDUM OF LAW in Support re: (381 in 1:08-cv-00312-SAS) MOTION Enforce Protective Orders' Waiver and Declassification Provisions . re EPL, Inc.. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
August 20, 2014 Filing 397 REPLY AFFIDAVIT of Brian Barnhart in Support re: (381 in 1:08-cv-00312-SAS) MOTION Enforce Protective Orders' Waiver and Declassification Provisions .. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
August 20, 2014 Filing 396 REPLY MEMORANDUM OF LAW in Support re: (381 in 1:08-cv-00312-SAS) MOTION Enforce Protective Orders' Waiver and Declassification Provisions . . Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
August 18, 2014 Opinion or Order Filing 395 ORDER APPROVING WITHDRAWAL OF COUNSEL: granting (394) Motion to Withdraw as Attorney. The motion to withdraw the appearance of Patrick R. Jacobi as counsel of record for the Sunoco, Inc. and Sunoco, Inc. (R&M), pursuant to Local Civil Rule 1.4 of the Local Rules of this Court, is hereby GRANTED. The Clerk of the Court is directed to close this motion (Dkt. No. 394). Attorney Patrick R. Jacobi terminated in case 1:08-cv-00312-SAS; granting (4069) Motion to Withdraw as Attorney. Attorney Patrick R. Jacobi terminated in case 1:00-cv-01898-SAS-DCF. (Signed by Judge Shira A. Scheindlin on 8/15/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS (lmb)
August 15, 2014 Filing 394 MOTION for Patrick R. Jacobi to Withdraw as Attorney . Document filed by Sunoco Inc., Sunoco, Inc. (R&M), Sunoco, Inc., Sunoco, Inc. (R&M),. (Attachments: #1 Proposed Order)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Krainin, Daniel)
August 8, 2014 Opinion or Order Filing 393 ORDER GRANTING PRO HAC VICE ADMISSION. The court has considered the unopposed request of Non-Parties The Hamner Institutes and Darol E. Dodd, Ph.D, DABT ("the Hamner Entities"), to admit pro hac vice William Pappas and Scott Bayzle to represent the Hamner Entities in the above-captioned matter and the request is hereby GRANTED. (Signed by Judge Shira A. Scheindlin on 8/7/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(lmb)
August 6, 2014 Filing 392 MEMORANDUM OF LAW in Opposition re: (381 in 1:08-cv-00312-SAS) MOTION Enforce Protective Orders' Waiver and Declassification Provisions . . Document filed by Experimental Pathology Laboratories, Inc.. (Attachments: #1 Declaration in Support of EPL's Opposition, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(MacMull, Joel)
August 6, 2014 Filing 391 MEMORANDUM OF LAW in Opposition re: (381 in 1:08-cv-00312-SAS) MOTION Enforce Protective Orders' Waiver and Declassification Provisions . . Document filed by Hamner institutes for health science, the. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Chase, Donald)
August 6, 2014 Filing 390 DECLARATION in Opposition re: (381 in 1:08-cv-00312-SAS) MOTION Enforce Protective Orders' Waiver and Declassification Provisions .. Document filed by Hamner institutes for health science, the. (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 Exhibit M, #14 Exhibit N, #15 Exhibit O)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Chase, Donald)
August 6, 2014 Filing 389 DECLARATION in Opposition re: (381 in 1:08-cv-00312-SAS) MOTION Enforce Protective Orders' Waiver and Declassification Provisions .. Document filed by Hamner institutes for health science, the. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Chase, Donald)
August 6, 2014 Filing 388 NOTICE OF APPEARANCE by Joel Geoffrey MacMull on behalf of Experimental Pathology Laboratories, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(MacMull, Joel)
July 9, 2014 Filing 387 LETTER addressed to Judge Shira A. Scheindlin from Donald H. Chase dated 7/9/14 re: request for briefing schedule for Motion to Enforce protective orders' waiver and declassification provisions. Document filed by Hamner institutes for health science, the.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Chase, Donald)
July 3, 2014 Opinion or Order Filing 386 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL FOR DEFENDANTS THE PREMCOR REFINING GROUP INC., VALERO ENERGY CORPORATION, VALERO MARKETING AND SUPPLY COMPANY, VALERO REFINING COMPANY-NEW JERSEY, VALERO REFINING AND MARKETING COMPANY, ULTRAMAR ENERGY INC., AND ULTRAMAR LTD.: In accordance with Local Civil Rule 1.4 and applicable law, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE UNDERSIGNED COUNSEL that the law firm of Dowd Bennett LLP is hereby substituted in place and in the stead of the law firm of Bracewell & Giuliani LLP as counsel of record for Defendants The Premcor Refining Group Inc., Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining Company-New Jersey, Valero Refining and Marketing Company, Ultramar Energy Inc. and Ultramar Ltd. in the above-captioned action. PLEASE TAKE NOTICE that all pleadings, notices of hearing, documents to be served and other filings in this matter be served upon the undersigned incoming counsel at the address set forth below., Attorney Amy E. Parker; M. Coy Connelly and Michael Coy Connelly terminated. (Signed by Judge Shira A. Scheindlin on 7/3/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(lmb)
July 2, 2014 Filing 385 DECLARATION of Bryan Barnhart [redacted-caption page only] in Support re: (381 in 1:08-cv-00312-SAS) MOTION Enforce Protective Orders' Waiver and Declassification Provisions .. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
July 2, 2014 Filing 384 DECLARATION of Bryan Barnhart in Support re: (381 in 1:08-cv-00312-SAS) MOTION Enforce Protective Orders' Waiver and Declassification Provisions .. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
July 2, 2014 Filing 383 DECLARATION of Michael Axline in Support re: (381 in 1:08-cv-00312-SAS) MOTION Enforce Protective Orders' Waiver and Declassification Provisions .. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
July 2, 2014 Filing 382 MEMORANDUM OF LAW in Support re: (381 in 1:08-cv-00312-SAS) MOTION Enforce Protective Orders' Waiver and Declassification Provisions . . Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
July 2, 2014 Filing 381 MOTION Enforce Protective Orders' Waiver and Declassification Provisions . Document filed by New Jersey Department of Environmental Protection.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
July 2, 2014 Filing 380 NOTICE of Substitution of Attorney. Old Attorney: M. Coy Connelly, New Attorney: James F. Bennett, Address: Dowd Bennett LLP, 7733 Forsyth Blvd., Suite 1900, St. Louis, MO, US 63105, 314-889-7300. Document filed by The Premcor Refining Group, Inc., Ultramar Energy, Inc., Ultramar Limited, Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining & Marketing Company, Valero Refining Company-New Jersey. (Connelly, Michael)
June 11, 2014 Opinion or Order Filing 379 OPINION AND ORDER 104428 re: (344 in 1:08-cv-00312-SAS) MOTION to Approve Consent Judgment filed by New Jersey Department of Environmental Protection. For the foregoing reasons, Plaintiffs' motion is DENIED. The Clerk of the Court is directed to close this motion (Doc. No. 344). Plaintiffs may resubmit the JCO for approval when they develop and present a more complete record supporting the settlement. (Signed by Judge Shira A. Scheindlin on 6/11/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(lmb) Modified on 6/17/2014 (nt).
April 23, 2014 Filing 378 NOTICE of CHANGE OF FIRM NAME. Document filed by New Jersey Department of Environmental Protection. (Axline, Michael)
March 21, 2014 Opinion or Order Filing 377 ORDER OF DISMISSAL AS TO DEFENDANTS MARATHON OIL CORPORATION AND MARATHON PETROLEUM COMPANY LP F/K/A MARATHON PETROLEUM COMPANY LLC F/K/A MARATHON ASHLAND PETROLEUM COMPANY LLC ONLY:THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and defendants Marathon Oil Corporation and Marathon Petroleum Company LP f/k/a Marathon Petroleum Company LLC f/k/a Marathon Ashland Petroleum Company LLC, the matter as to those parties only shall be and hereby is dismissed with prejudice, with each side to bear its own costs., Marathon Ashland Petroleum LLC and Marathon Petroleum Company LP terminated. (Signed by Judge Shira A. Scheindlin on 3/21/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(lmb)
March 20, 2014 Filing 376 REPLY MEMORANDUM OF LAW in Opposition re: #344 MOTION to Approve Consent Judgment. BP Defendants' Sur-reply Memorandum In Opposition To Plaintiffs' Motion For Approval Of The Proposed Citgo Judicial Consent Order. Document filed by Atlantic Richfield Company, BP Products North America, Inc.. (Winston, Sylvia)
March 18, 2014 Filing 375 MEMO ENDORSEMENT on re: #373 Letter, filed by Atlantic Richfield Company, BP Products North America, Inc. ENDORSEMENT: Defendants' request to submit a 5 page surreply is hereby granted. (Signed by Judge Shira A. Scheindlin on 3/18/2014) (lmb)
March 18, 2014 Filing 374 OPPOSITION BRIEF re: #373 Letter, Requesting leave to file a five-page sur-reply. Document filed by New Jersey Department of Environmental Protection.(Wren, Tyler)
March 17, 2014 Filing 373 LETTER addressed to Judge Shira A. Scheindlin from Sylvia Winston dated March 17, 2014 re: Request leave to file a five-page sur-reply to address the issues raised in the plaintiffs reply brief in support of Motion for Approval of the Proposed Citgo Judicial Consent Order. Document filed by Atlantic Richfield Company, BP Products North America, Inc..(Winston, Sylvia)
March 14, 2014 Opinion or Order Filing 372 OPINION AND ORDER re: (318 in 1:08-cv-00312-SAS) MOTION for Summary Judgment as to Getty Property Corp.'s Third-Party Complaint filed by Dhandi Transport, Inc. For the foregoing reasons, the motions for summary judgment are DENIED. The Clerk of the Court is directed to close these motions (Doc. Nos. 318, 324). (Signed by Judge Shira A. Scheindlin on 3/14/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(lmb)
March 10, 2014 Filing 371 REPLY AFFIDAVIT of Pamela R. Hanebutt in Support re: #344 MOTION to Approve Consent Judgment.. Document filed by Citgo Petroleum Corporation. (Attachments: #1 Exhibit 1-11)(Eimer, Nathan)
March 10, 2014 Filing 370 REPLY MEMORANDUM OF LAW in Support re: #344 MOTION to Approve Consent Judgment.. Document filed by Citgo Petroleum Corporation. (Eimer, Nathan)
March 10, 2014 Filing 369 REPLY AFFIDAVIT of Marcel Moreau in Support re: (344 in 1:08-cv-00312-SAS) MOTION to Approve Consent Judgment.. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
March 10, 2014 Filing 368 REPLY AFFIDAVIT of Anthony Brown in Support re: (344 in 1:08-cv-00312-SAS) MOTION to Approve Consent Judgment.. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
March 10, 2014 Filing 367 REPLY AFFIDAVIT of Leonard Z. Kaufmann in Support re: (344 in 1:08-cv-00312-SAS) MOTION to Approve Consent Judgment.. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
March 10, 2014 Filing 366 REPLY AFFIDAVIT of Michael Axline in Support re: (344 in 1:08-cv-00312-SAS) MOTION to Approve Consent Judgment.. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
March 10, 2014 Filing 365 REPLY MEMORANDUM OF LAW in Support re: (344 in 1:08-cv-00312-SAS) MOTION to Approve Consent Judgment.. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
March 7, 2014 Opinion or Order Filing 364 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Pamela R. Hanebutt dated 3/7/2014 re: We respectfully request a modification of the page limit of our reply brief in support of Plaintiffs' Motion for Approval of the Judicial Consent Order. ENDORSEMENT: CITGO's request to file a 20 page reply brief is hereby granted. (Signed by Judge Shira A. Scheindlin on 3/7/2014) (lmb)
March 6, 2014 Opinion or Order Filing 363 ORDER granting #362 Letter Motion for Leave to File Excess Pages. Plaintiffs' request for to submit a 20 page reply is hereby granted. (Signed by Judge Shira A. Scheindlin on 3/6/2014) (lmb)
March 5, 2014 Filing 362 LETTER MOTION for Leave to File Excess Pages addressed to Judge Shira A. Scheindlin from Leonard Z. Kaufmann dated March 5, 2014. Document filed by New Jersey Department of Environmental Protection.(Wren, Tyler)
March 3, 2014 Opinion or Order Filing 361 OPINION AND ORDER re: (277 in 1:08-cv-00312-SAS, 3803 in 1:00-cv-01898-SAS-DCF) MOTION for Partial Summary Judgment re: Plaintiffs' Public Nuisance Claim for Damages and Trespass Claim filed by ExxonMobil Oil Corporation, Exxon Mobil Corporation, Mobil Oil Corporation. For the foregoing reasons, defendants' motion is GRANTED. The Clerk of the Court is directed to close this motion (Doc. No. 277). (Signed by Judge Shira A. Scheindlin on 3/3/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(lmb)
February 28, 2014 Filing 360 DECLARATION of Andrew R. Running in Opposition re: #344 MOTION to Approve Consent Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc.. (Attachments: #1 Exhibit A (pages 1-20), #2 Exhibit A (pages 21-41), #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Winston, Sylvia)
February 28, 2014 Filing 359 MEMORANDUM OF LAW in Opposition re: #344 MOTION to Approve Consent Judgment.. Document filed by Atlantic Richfield Company, BP Products North America, Inc.. (Winston, Sylvia)
February 28, 2014 Filing 358 DECLARATION of Lisa A. Gerson in Opposition re: #344 MOTION to Approve Consent Judgment.. Document filed by ExxonMobil 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)(Sacripanti, Peter)
February 28, 2014 Filing 357 MEMORANDUM OF LAW in Opposition re: #344 MOTION to Approve Consent Judgment.. Document filed by ExxonMobil Corporation. (Sacripanti, Peter)
February 27, 2014 Opinion or Order Filing 356 ORDER OF DISMISSAL: IT IS HEREBY ORDERED, ADJUDGED, and DECREED that all claims asserted by Plaintiffs the New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund against Defendant Chevron U.S.A. Inc. at the HP Delta Service Station (#41958,439 Lake Avenue, Woodbridge Township, Middlesex County, New Jersey) and the Getty West Windsor Service Station (#56206, 3710 Route 1, West Windsor Township, Mercer County, New Jersey) are dismissed with prejudice. It is further ORDERED, ADJUDGED, and DECREED that the parties shall bear and pay their own costs, expenses, and attorney's fees heretofore incurred or to be incurred in connection with this dismissal. (Signed by Judge Shira A. Scheindlin on 2/27/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(lmb)
February 27, 2014 Opinion or Order Filing 355 ORDER OF DISMISSAL AS TO DEFENDANTS MARATHON OIL CORPORATION AND MARATHON PETROLEUM COMPANY LP F/K/A MARATHON PETROLEUM COMPANY LLC F/K/A MARATHON ASHLAND PETROLEUM COMPANY LLC ONLY: THIS MATTER, having been amicably resolved between the plaintiffs, New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and defendants Marathon Oil Corporation and Marathon Petroleum Company LP f/k/a Marathon Petroleum Company LLC f/k/a Marathon Ashland Petroleum Company LLC, the matter as to those parties only shall be and hereby is dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Shira A. Scheindlin on 2/27/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(lmb)
February 27, 2014 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Jeremiah Anderson Document (354 in 1:08-cv-00312-SAS) Stipulation of Voluntary Dismissal, was referred to Judge Shira A. Scheindlin for approval. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(dt)
February 26, 2014 Filing 354 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - 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) Chevron U.S.A., Inc., pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Chevron U.S.A., Inc.. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Anderson, Jeremiah) Modified on 2/27/2014 (dt). Modified on 2/27/2014 (dt).
February 25, 2014 Opinion or Order Filing 353 MEMORANDUM OPINION AND ORDER. In 2005, the New Jersey Department of Environmental Protection and the Administrator of the New Jersey Spill Compensation Fund ("Plaintiffs") entered into a Natural Resource Damages Settlement Agreement ("Agreement") with Chevron U.S.A., Inc. ("CUSA") and other defendants. On September 25, 2013, the parties stipulated that sites owned, leased, affiliated with and/or operated by CUSA were dismissed with prejudice based on the Agreement. However, Plaintiffs refused to dismiss product liability claims against CUSA for sites that were "NOT owned, operated, or leased by and/or affiliated with the Settling Parties." CUSA now moves for summary judgment on the grounds that the Agreement releases it from all potential liability. For the reasons stated in this Memorandum Opinion and Order, CUSA's motion is GRANTED. Re: (274 in 1:08-cv-00312-SAS) MOTION for Summary Judgment on the Parties' NRD Settlement filed by Chevron USA, Inc. (Signed by Judge Shira A. Scheindlin on 2/25/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS (rjm)
February 24, 2014 Filing 352 LETTER addressed to Judge Shira A. Scheindlin from Leonard Z. Kaufmann dated February 24, 2014 re: Plaintiffs' Settlement with Marathon Oil Corporation and Marathon Petroleum Company LLC. Document filed by New Jersey Department of Environmental Protection.(Wren, Tyler)
February 18, 2014 Opinion or Order Filing 351 OPINION AND ORDER re: (3812 in 1:00-cv-01898-SAS-DCF, 284 in 1:08-cv-00312-SAS) MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site filed by Shell Oil Products Company LLC, Shell Oil Company, Equilon Enterprises LLC, Motiva Enterprises, LLC, Shell Trading (US) Company. For the foregoing reasons, Shell's motion for partial summary judgment is GRANTED. The Clerk of the Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 2/18/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
February 18, 2014 Opinion or Order Filing 350 OPINION AND ORDER: The Judicial Consent Order as to Citgo Petroleum Corporation only, signed by the Court on February 13, 2014, is hereby withdrawn. In accordance with the Court's January 7, 2014 Case Management Order, Defendants have until February 28, 2014 to file their brief. (Signed by Judge Shira A. Scheindlin on 2/18/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
February 13, 2014 Opinion or Order Filing 349 JUDICIAL CONSENT ORDER AS TO CITGO PETROLEUM CORPORATION ONLY, as further set forth in this Order. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 2/13/2014) (tro)
February 7, 2014 Filing 348 DECLARATION of Pamela R. Hanebutt in Support re: #344 MOTION to Approve Consent Judgment.. Document filed by Citgo Petroleum Corporation. (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-12)(Hanebutt, Pamela)
February 7, 2014 Filing 347 MEMORANDUM OF LAW in Support re: #344 MOTION to Approve Consent Judgment.. Document filed by Citgo Petroleum Corporation. (Hanebutt, Pamela)
February 7, 2014 Filing 346 DECLARATION of Leonard Z. Kaufmann in Support re: #344 MOTION to Approve Consent Judgment.. Document filed by New Jersey Department of Environmental Protection. (Attachments: #1 Exhibit A-F, #2 Exhibit G-I, #3 Exhibit J-1, #4 Exhibit J-2, #5 Exhibit K-O, #6 Exhibit P-Q)(Wren, Tyler)
February 7, 2014 Filing 345 MEMORANDUM OF LAW in Support re: #344 MOTION to Approve Consent Judgment.. Document filed by New Jersey Department of Environmental Protection. (Wren, Tyler)
February 7, 2014 Filing 344 MOTION to Approve Consent Judgment. Document filed by New Jersey Department of Environmental Protection.(Wren, Tyler)
February 6, 2014 Opinion or Order Filing 343 OPINION AND ORDER re: (3825 in 1:00-cv-01898-SAS-DCF, 289 in 1:08-cv- 00312-SAS) MOTION for Summary Judgment Regarding the Skyline Service Center Trial Site and Memorandum of Law in Support filed by Chevron U.S.A., Inc. For the foregoing reasons, CUSA's motion for summary judgment is GRANTED. The Clerk of the Court is directed to close this motion (Doc. No. 289). (Signed by Judge Shira A. Scheindlin on 2/6/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
February 6, 2014 Transmission to Judgments and Orders Clerk. Transmitted re: #343 Memorandum & Opinion, to the Judgments and Orders Clerk. (cd)
January 27, 2014 Filing 342 REPLY to Defendant Getty Properties Corporation's Local., RULE 56.1 STATEMENT. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
January 27, 2014 Filing 341 REPLY AFFIDAVIT of Molly McGinley Han in Opposition re: (318 in 1:08-cv-00312-SAS) MOTION for Summary Judgment as to Getty Property Corp.'s Third-Party Complaint.. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
January 27, 2014 Filing 340 REPLY MEMORANDUM OF LAW in Opposition re: (318 in 1:08-cv-00312-SAS) MOTION for Summary Judgment as to Getty Property Corp.'s Third-Party Complaint.. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
January 27, 2014 Filing 339 REPLY to Response to Motion re: (3889 in 1:00-cv-01898-SAS-DCF, 324 in 1:08-cv-00312-SAS) THIRD PARTY MOTION for Summary Judgment. Reply to Plaintiffs' Opposition to Motion for Summary Judgment. Document filed by H.P. Delta, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Sinkevich, Michael)
January 27, 2014 Filing 338 REPLY to Response to Motion re: (3889 in 1:00-cv-01898-SAS-DCF, 324 in 1:08-cv-00312-SAS) THIRD PARTY MOTION for Summary Judgment. Reply to Getty Properties Corp.'s Opposition to Motion for Summary Judgment. Document filed by H.P. Delta, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Sinkevich, Michael)
January 10, 2014 Filing 337 RULE 56.1 STATEMENT. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
January 10, 2014 Filing 336 AFFIDAVIT of Michael Axline in Opposition re: (324 in 1:08-cv-00312-SAS) THIRD PARTY MOTION for Summary Judgment.. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
January 10, 2014 Filing 335 MEMORANDUM OF LAW in Opposition re: (324 in 1:08-cv-00312-SAS) THIRD PARTY MOTION for Summary Judgment.. Document filed by New Jersey Department of Environmental Protection, Michael Axline. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
January 10, 2014 Filing 334 DECLARATION of Susan M. Dean in Opposition re: (318 in 1:08-cv-00312-SAS) MOTION for Summary Judgment as to Getty Property Corp.'s Third-Party Complaint.. Document filed by Getty Properties Corp.. (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, 1:08-cv-00312-SAS(McMeekin, John)
January 10, 2014 Filing 333 RULE 56.1 STATEMENT., COUNTER STATEMENT TO Document filed by Getty Properties Corp.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(McMeekin, John)
January 10, 2014 Filing 332 RESPONSE in Opposition to Motion re: (318 in 1:08-cv-00312-SAS) MOTION for Summary Judgment as to Getty Property Corp.'s Third-Party Complaint.. Document filed by Getty Properties Corp.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(McMeekin, John)
January 7, 2014 Opinion or Order Filing 331 CASE MANAGEMENT ORDER NO.: The following shall be the procedure to be followed regarding submissions of settlements in the New Jersey Litigation: 1. Notice of the settlement is published by NJDEP in the NJ Register and an unexecuted copy of the settlement agreement is posted on the NJDEP website for thirty (30) day public comment period, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 1/7/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
January 2, 2014 Opinion or Order Filing 330 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Susan M. Dean dated 1/02/2014 re: GPC respectfully requests the Court's approval of a four-day extension of that deadline to file its Opposition on January 10, 2014. ENDORSEMENT: The Defendant/Third party Plaintiff's request is hereby Granted. The Opposition to Third-Party Defendants' Motion for Summary Judgment is due on January 10, 2014. No further extension will be granted. SO ORDERED., ( Responses due by 1/10/2014) (Signed by Judge Shira A. Scheindlin on 1/02/2014) (ama)
December 20, 2013 Filing 329 RULE 56.1 STATEMENT. Document filed by New Jersey Department of Environmental Protection. (Axline, Michael)
December 18, 2013 Filing 328 CERTIFICATE OF SERVICE of Motion for Summary Judgment served on All Counsel of Record on 12/6/2013. Document filed by H.P. Delta, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Sinkevich, Michael)
December 18, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Michael George Sinkevich to RE-FILE Document (3892 in 1:00-cv-01898-SAS-DCF, 327 in 1:08-cv-00312-SAS) Response in Support of Motion. Use the event type Certificate of Service Other found under the event list Service of Process. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(db)
December 18, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Michael George Sinkevich to E-MAIL Document No. (3891) Order to judgments@nysd.uscourts.gov. This document is not filed via ECF. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(db)
December 17, 2013 Filing 327 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Support of Motion re: (3889 in 1:00-cv-01898-SAS-DCF, 324 in 1:08-cv-00312-SAS) THIRD PARTY MOTION for Summary Judgment. Certification of Service. Document filed by H.P. Delta, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Sinkevich, Michael) Modified on 12/18/2013 (db).
December 17, 2013 Filing 326 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - RESPONSE in Support of Motion re: (3889 in 1:00-cv-01898-SAS-DCF, 324 in 1:08-cv-00312-SAS) THIRD PARTY MOTION for Summary Judgment. Proposed Order. Document filed by H.P. Delta, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Sinkevich, Michael) Modified on 12/18/2013 (db).
December 17, 2013 Filing 325 MEMORANDUM OF LAW in Support re: (3889 in 1:00-cv-01898-SAS-DCF, 324 in 1:08-cv-00312-SAS) THIRD PARTY MOTION for Summary Judgment.. Document filed by H.P. Delta, Inc.. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Sinkevich, Michael)
December 17, 2013 Filing 324 THIRD PARTY MOTION for Summary Judgment. Document filed by H.P. Delta, Inc..Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Sinkevich, Michael)
December 16, 2013 Filing 323 COUNTER STATEMENT TO #290 Rule 56.1 Statement, #317 Rule 56.1 Statement. Document filed by Chevron USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Anderson, Jeremiah)
December 16, 2013 Filing 322 REPLY MEMORANDUM OF LAW in Support re: #289 MOTION for Summary Judgment Regarding the Skyline Service Center Trial Site and Memorandum of Law in Support.. Document filed by Chevron USA, Inc.. (Anderson, Jeremiah)
December 6, 2013 Filing 321 MEMORANDUM OF LAW in Support re: #318 MOTION for Summary Judgment as to Getty Property Corp.'s Third-Party Complaint. Rule 56.1 Statement of Facts. Document filed by Dhandi Transport, Inc.. (Attachments: #1 Rule 56.1 Statement of Facts)(Bright, Kevin)
December 6, 2013 Filing 320 DECLARATION of Kevin T. Bright in Support re: #318 MOTION for Summary Judgment as to Getty Property Corp.'s Third-Party Complaint.. Document filed by Dhandi Transport, Inc.. (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)(Bright, Kevin)
December 6, 2013 Filing 319 MEMORANDUM OF LAW in Support re: #318 MOTION for Summary Judgment as to Getty Property Corp.'s Third-Party Complaint.. Document filed by Dhandi Transport, Inc.. (Bright, Kevin)
December 6, 2013 Filing 318 MOTION for Summary Judgment as to Getty Property Corp.'s Third-Party Complaint. Document filed by Dhandi Transport, Inc.. Responses due by 1/6/2014(Bright, Kevin)
December 2, 2013 Filing 317 RULE 56.1 STATEMENT. Document filed by New Jersey Department of Environmental Protection. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
December 2, 2013 Filing 316 MEMORANDUM OF LAW in Opposition re: (289 in 1:08-cv-00312-SAS) MOTION for Summary Judgment Regarding the Skyline Service Center Trial Site and Memorandum of Law in Support.. Document filed by New Jersey Department of Environmental Protection. (Attachments: #1 Affidavit Declaration of Michael Axline in Support of Plaintiffs' Opposition to Chevron U.S.A. Inc.'s Motion for Summary Judgment Regarding the Skyline Service Center Trial Site, #2 Affidavit Declaration of Bryan Barnhart in Support of Plaintiffs' Opposition to Chevron U.S.A. Inc.'s Motion for Summary Judgment Regarding the Skyline Service Center Trial Site, #3 Affidavit Declaration of Alex Wallace in Support of Plaintiffs' Opposition to Chevron U.S.A. Inc.'s Motion for Summary Judgment Regarding the Skyline Service Center Trial Site)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Axline, Michael)
November 25, 2013 Opinion or Order Filing 315 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)
November 18, 2013 Filing 314 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BP p.l.c. for Atlantic Richfield Company, Atlantic Richfield Company, Atlantic Richfield Company, Atlantic Richfield Company, Atlantic Richfield Company, Atlantic Richfield Company, Atlantic Richfield Company, Inc., BP America, Inc., BP America, Inc., BP Amoco Chemical Company, BP Amoco Chemical Company, BP Amoco Chemical Company, BP Amoco Chemical Company, BP Amoco Chemical Company,, BP Amoco Chemical Company, Inc., BP Amoco Corporation, BP Amoco Corporation, BP Corporation North America Inc., BP Products North America Inc., BP Products North America Inc., BP Products North America, Inc., BP Products North America, Inc., BP Products North America, Inc., BP Products North America, Inc., BP Products North America, Inc., BP West Coast LLC, BP West Coast LLC (Doe 3), BP-Husky Refining, LLC, BP-Husky Refining, LLC. Document filed by Atlantic Richfield Company, BP Amoco Chemical Company, BP Products North America, Inc., Atlantic Richfield Company, Inc., BP Products North America, Inc., BP West Coast LLC (Doe 3), BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., BP-Husky Refining, LLC, Atlantic Richfield Company, Atlantic Richfield Company, BP America, Inc., BP Amoco Chemical Company,, BP Amoco Chemical Company, Inc., BP Amoco Corporation, BP Corporation North America Inc., BP Products North America, Inc.(formerly known as Amoco Oil Company), BP West Coast LLC, Atlantic Richfield Company.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Kassof, Andrew)
November 15, 2013 Filing 313 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Atlantic Richfield Company, BP Amoco Chemical Company, BP Products North America, Inc., Arco Chemical Company (Doe 201), Atlantic Richfield Company, Inc., BP Products North America, Inc., BP West Coast LLC (Doe 3), BP Products North America Inc., Atlantic Richfield Company, BP Products North America Inc., BP-Husky Refining, LLC, Atlantic Richfield Company, Atlantic Richfield Company, BP America, Inc., BP Amoco Chemical Company,, BP Amoco Chemical Company, Inc., BP Amoco Corporation, BP Corporation North America Inc., BP Products North America, Inc.(formerly known as Amoco Oil Company), BP West Coast LLC, BP Products North America Inc., Atlantic Richfield Company.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Kassof, Andrew) Modified on 11/18/2013 (lb).
November 15, 2013 Filing 312 AMENDED ANSWER to. Document filed by Exxon Mobil Corporation. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Gerson, Lisa)
November 15, 2013 Filing 311 REPLY MEMORANDUM OF LAW in Support re: (277 in 1:08-cv-00312-SAS, 3803 in 1:00-cv-01898-SAS-DCF) MOTION for Partial Summary Judgment re: Plaintiffs' Public Nuisance Claim for Damages and Trespass Claim.. Document filed by ExxonMobil Corporation. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
November 15, 2013 Filing 310 RULE 56.1 STATEMENT. Document filed by Equilon Enterprises LLC, Motiva Enterprises, LLC, Shell Oil Company, Shell Oil Products Company, Shell Trading (US) Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Wallace, Richard)
November 15, 2013 Filing 309 FIRST REPLY MEMORANDUM OF LAW in Support re: (284 in 1:08-cv-00312-SAS) MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site.. Document filed by Equilon Enterprises LLC(doing business as Shell Oil Products), Motiva Enterprises, LLC(formerly known as Star Enterprises LLC), Shell Oil Company, Shell Oil Products Company, Shell Trading (US) Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Wallace, Richard)
November 15, 2013 Filing 308 AMENDED ANSWER to. Document filed by Sun Company, Inc., Sunoco, Incorporated (R&M), Sunoco, Incorporated, Puerto Rico Sun Oil Company LLC, Sunoco, Inc., Sunoco, Inc. (R&M), Sunoco Inc., Sunoco, Inc., Sunoco, Inc. (R&M),. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(Krainin, Daniel)
November 15, 2013 Filing 307 RESPONSE in Support of Motion re: #274 MOTION for Summary Judgment on the Parties' NRD Settlement.. Document filed by Chevron USA, Inc.. (Anderson, Jeremiah)
November 15, 2013 Filing 306 AMENDED ANSWER to. Document filed by Total Petrochemicals USA, Inc.. (Connelly, Michael)
November 4, 2013 Filing 305 COUNTER STATEMENT TO #283 Rule 56.1 Statement,. Document filed by New Jersey Department of Environmental Protection. (Wren, Tyler)
November 4, 2013 Filing 304 COUNTER STATEMENT TO #279 Rule 56.1 Statement. Document filed by New Jersey Department of Environmental Protection. (Wren, Tyler)
November 4, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Tyler E. Wren to RE-FILE Document #297 Response in Opposition to Motion, #302 Response in Opposition to Motion. Use the event type Counter Statement to Rule 56.1 found under the event list Other Answers. (db)
November 1, 2013 Filing 303 AFFIDAVIT of Anthony Brown in Opposition re: #284 MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site.. Document filed by New Jersey Department of Environmental Protection. (Attachments: #1 Exhibit A-B, #2 Exhibit C-E)(Wren, Tyler)
November 1, 2013 Filing 302 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition to Motion re: #284 MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site. RULE 56.1 STATEMENT. Document filed by New Jersey Department of Environmental Protection. (Wren, Tyler) Modified on 11/4/2013 (db).
November 1, 2013 Filing 301 DECLARATION of Leonard Z. Kaufmann in Opposition re: #284 MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site.. Document filed by New Jersey Department of Environmental Protection. (Attachments: #1 Exhibit A-D)(Wren, Tyler)
November 1, 2013 Filing 300 MEMORANDUM OF LAW in Opposition re: #284 MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site.. Document filed by New Jersey Department of Environmental Protection. (Wren, Tyler)
November 1, 2013 Filing 299 DECLARATION of Michael Axline in Opposition re: #274 MOTION for Summary Judgment on the Parties' NRD Settlement.. Document filed by New Jersey Department of Environmental Protection. (Wren, Tyler)
November 1, 2013 Filing 298 MEMORANDUM OF LAW in Opposition re: #274 MOTION for Summary Judgment on the Parties' NRD Settlement.. Document filed by New Jersey Department of Environmental Protection. (Wren, Tyler)
November 1, 2013 Filing 297 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition to Motion re: #277 MOTION for Partial Summary Judgment re: Plaintiffs' Public Nuisance Claim for Damages and Trespass Claim. RULE 56.1 STATEMENT. Document filed by New Jersey Department of Environmental Protection. (Wren, Tyler) Modified on 11/4/2013 (db).
November 1, 2013 Filing 296 MEMORANDUM OF LAW in Opposition re: #277 MOTION for Partial Summary Judgment re: Plaintiffs' Public Nuisance Claim for Damages and Trespass Claim.. Document filed by New Jersey Department of Environmental Protection. (Wren, Tyler)
October 29, 2013 Opinion or Order Filing 295 STIPULATION: IT IS HEREBY STIPULATED AND AGREED between plaintiffs New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund (collectively, "Plaintiffs") on the one hand and defendants Equilon Enterprises LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Oil Products Company LLC, and Shell Trading (US) Company (collectively, the "Shell Defendants") on the other, as follows: Notwithstanding any allegation contained in the Fourth Amended Complaint in this action, Plaintiffs are not seeking to recover in this action any costs to treat water produced by the Village of Ridgewood's Walthery, Twinney, Paramus, East Ridgewood, or East Saddle River wells, either on their own behalf or on behalf of the Village of Ridgewood. The New Jersey Spill Compensation Fund has not expended any money or resources as of the date of this Stipulation for treatment of the Villge of Ridgewood's Walthery, Twinney, Paramus, East Ridgewood, or East Saddle River wells and does not seek to recover any such costs in this action. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 10/29/2013) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ama)
October 28, 2013 Opinion or Order Filing 294 ORDER: The briefing schedule and page limits for the summary judgment motions of the Third-Party Defendants as discussed at the August 19 Conference are set forth below: Third-Party Defendants' Opening Brief re: HP Delta trial site - December 6, 2013 (page limit 15); Getty Properties Corp.'s Opposition Brief- January 6, 2014(page limit 15); and Third-Party Defendants' Reply Brief- January 27, 2014(page limit 10). (Motions due by 12/6/2013., Responses due by 1/6/2014, Replies due by 1/27/2014.) (Signed by Judge Shira A. Scheindlin on 10/25/2013) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(rsh)
October 16, 2013 Opinion or Order Filing 293 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE OF ALL CLAIMS AGAINST COASTAL DEFENDANTS WITH RESPECT TO LEONARDO MARINA AND BAYSIDE PRISON TRIAL SITES ONLY: Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, Plaintiffs the New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund and Defendants Coastal Eagle Point Oil Company and El Paso Corporation (n/k/a El Paso LLC) (collectively, "Coastal Defendants") stipulate and hereby request that the Court enter a Voluntary Dismissal with Prejudice of Plaintiffs' claims against the Coastal Defendants with respect to the NJDEP Leonardo State Marina and NJ State Prison Bayside Trial Sites only. The parties further stipulate that each party shall bear and pay all costs, expenses, and attorney's fees heretofore incurred or to be incurred by each party respectively in connection with these claims. Plaintiffs and the Coastal Defendants each reserve all other rights, claims, and defenses as against one another and all other defendants. (Signed by Judge Shira A. Scheindlin on 10/16/2013) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ja)
October 16, 2013 Opinion or Order Filing 292 ENDORSED LETTER addressed to Judge Shira A. Scheindlin, from Sylvia Winston, dated 10/15/2013, re: Defendants Atlantic Richfield Company ("Atlantic Richfield") and BP Products North America Inc. ("BP Products" and collectively, the "BP Defendants") request an extension of time to file a stipulated dismissal to October 31, 2013. ENDORSEMENT: The BP defendants shall have until October 31, 2013 to file any stipulated dismissal. So Ordered. (Signed by Judge Shira A. Scheindlin on 10/16/2013) (ja)
October 15, 2013 Filing 291 DECLARATION of Jeremiah J. Anderson in Support re: (289 in 1:08-cv-00312-SAS) MOTION for Summary Judgment Regarding the Skyline Service Center Trial Site and Memorandum of Law in Support.. Document filed by Chevron U.S.A., Inc.,. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Anderson, Jeremiah)
October 15, 2013 Filing 290 RULE 56.1 STATEMENT. Document filed by Chevron U.S.A., Inc.,. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Anderson, Jeremiah)
October 15, 2013 Filing 289 MOTION for Summary Judgment Regarding the Skyline Service Center Trial Site and Memorandum of Law in Support. Document filed by Chevron U.S.A., Inc.,.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Anderson, Jeremiah)
October 7, 2013 Opinion or Order Filing 288 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. 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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. 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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. 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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)
October 3, 2013 Filing 287 AFFIDAVIT of Richard E. Wallace, Jr. in Support re: (284 in 1:08-cv-00312-SAS) MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site.. Document filed by Equilon Enterprises LLC, Motiva Enterprises, LLC, Shell Oil Company, Shell Oil Products Company LLC, Shell Trading (US) Company. (Attachments: #1 Exhibit Exhibits to Declaration of Richard E. Wallace, Jr. - Part 1, #2 Exhibit Exhibits to Declaration of Richard E. Wallace, Jr. - Part 2, #3 Exhibit Exhibits to Declaration of Richard E. Wallace, Jr. - Part 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Wallace, Richard)
October 3, 2013 Filing 286 AFFIDAVIT of Julian Davies, LSRP in Support re: (284 in 1:08-cv-00312-SAS) MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site.. Document filed by Equilon Enterprises LLC, Motiva Enterprises, LLC, Shell Oil Company, Shell Oil Products Company LLC, Shell Trading (US) Company. (Attachments: #1 Exhibit Exhibits to Declaration of Julian Davies - Part 1, #2 Exhibit Exhibits to Declaration of Julian Davies - Part 2)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Wallace, Richard)
October 3, 2013 Filing 285 MEMORANDUM OF LAW in Support re: (284 in 1:08-cv-00312-SAS) MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site.. Document filed by Equilon Enterprises LLC, Motiva Enterprises, LLC, Shell Oil Company, Shell Oil Products Company LLC, Shell Trading (US) Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Wallace, Richard)
October 3, 2013 Filing 284 MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site. Document filed by Equilon Enterprises LLC, Motiva Enterprises, LLC, Shell Oil Company, Shell Oil Products Company LLC, Shell Trading (US) Company. Responses due by 11/1/2013Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Wallace, Richard)
October 3, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Richard E. Wallace to RE-FILE Document (281 in 1:08-cv-00312-SAS, 3809 in 1:00-cv-01898-SAS-DCF) MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. Declaration in Support of Motion found under the Event Type - Replies, Opposition and Supporting Documents. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(db)
October 3, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Richard E. Wallace to RE-FILE Document (3810 in 1:00-cv-01898-SAS-DCF, 282 in 1:08-cv-00312-SAS) Memorandum of Law in Support of Motion,,. ERROR(S): Document linked to filing error. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(db)
October 2, 2013 Filing 283 RULE 56.1 STATEMENT. Document filed by Equilon Enterprises LLC, Motiva Enterprises, LLC, Shell Oil Company, Shell Oil Products Company LLC, Shell Trading (US) Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Wallace, Richard)
October 2, 2013 Filing 282 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: (281 in 1:08-cv-00312-SAS) MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site.. Document filed by Equilon Enterprises LLC, Motiva Enterprises, LLC, Shell Oil Company, Shell Oil Products Company, Shell Trading (US) Company. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Wallace, Richard) Modified on 10/3/2013 (db).
October 2, 2013 Filing 281 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site. Document filed by Equilon Enterprises LLC, Motiva Enterprises, LLC, Shell Oil Company, Shell Oil Products Company LLC. Responses due by 11/1/2013 (Attachments: #1 Affidavit Declaration of Julian Davies, LSRP, #2 Exhibit Exhibits in Support of Declaration of Julian Davies, LSRP - Part 1, #3 Exhibit Exhibits in Support of Declaration of Julian Davies, LSRP - Part 2, #4 Affidavit Declaration of Richard E. Wallace, #5 Exhibit Exhibits in Support of Declaration of Richard E. Wallace - Part 1, #6 Exhibit Exhibits in Support of Declaration of Richard E. Wallace - Part 2, #7 Exhibit Exhibits in Support of Declaration of Richard E. Wallace - Part 3)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Wallace, Richard) Modified on 10/3/2013 (db).
October 1, 2013 Filing 280 MEMORANDUM OF LAW in Support re: (277 in 1:08-cv-00312-SAS, 3803 in 1:00-cv-01898-SAS-DCF) MOTION for Partial Summary Judgment re: Plaintiffs' Public Nuisance Claim for Damages and Trespass Claim.. Document filed by Exxon Mobil Corporation, ExxonMobil Oil Corporation, Mobil Oil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
October 1, 2013 Filing 279 RULE 56.1 STATEMENT. Document filed by Exxon Mobil Corporation, ExxonMobil Oil Corporation, Mobil Oil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
October 1, 2013 Filing 278 DECLARATION of Lisa A. Gerson in Support re: (277 in 1:08-cv-00312-SAS, 3803 in 1:00-cv-01898-SAS-DCF) MOTION for Partial Summary Judgment re: Plaintiffs' Public Nuisance Claim for Damages and Trespass Claim.. Document filed by Exxon Mobil Corporation, Exxon Mobil Oil Coroporation, Mobil Oil Corporation. (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)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
October 1, 2013 Filing 277 MOTION for Partial Summary Judgment re: Plaintiffs' Public Nuisance Claim for Damages and Trespass Claim. Document filed by Exxon Mobil Corporation, ExxonMobil Oil Corporation, Mobil Oil Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
October 1, 2013 Filing 276 CONSENT DECREE AS TO WESTERN REFINING YORKTOWN, INC. f/n/a GIANT YORKTOWN, INC. ONLY resolving dispute between Plaintiffs and Western. (Signed by Judge Shira A. Scheindlin on 9/30/13) (Attachments: #1 Notice of Right to Appeal)(ml)
October 1, 2013 Filing 275 CONSENT DECREE AS TO MARATHON OIL CORPORATION AND MARATHON PETROLEUM COMPANY LP F/N/A MARATHON PETROLEUM COMPANY LLC ONLY resolving dispute between Plaintiffs and Marathon. (Signed by Judge Shira A. Scheindlin on 9/30/13) (Attachments: #1 Notice of Right to Appeal)(ml)
October 1, 2013 Filing 274 MOTION for Summary Judgment on the Parties' NRD Settlement. Document filed by Chevron USA, Inc.. (Attachments: #1 Exhibit 1)(Anderson, Jeremiah)
October 1, 2013 Opinion or Order Filing 273 ORDER granting (272) Letter Motion for Leave to File Excess Pages in case 1:08-cv-00312-SAS; granting Letter Motion for Leave to File Excess Pages in case 1:00-cv-01898-SAS-DCF. Defendants' request is hereby granted. Plaintiffs may also attach a brief 1-2 page exhibit for each of Trial Sites at issue. (Signed by Judge Shira A. Scheindlin on 10/1/2013) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ja) Modified on 10/3/2013 (ja).
October 1, 2013 ***DELETED DOCUMENT. Deleted document number #273 Endorsed Letter. The document was incorrectly filed in this case. (ja)
September 30, 2013 Filing 272 LETTER MOTION for Leave to File Excess Pages re: request to file additional exhibits addressed to Judge Shira A. Scheindlin from Lisa A. Gerson dated September 30, 2013. Document filed by ExxonMobil Corporation.(Gerson, Lisa)
August 27, 2013 Opinion or Order Filing 271 ORDER OF DISMISSAL: IT IS HEREBY ORDERED, AJUDGED, and DECREED that all claims asserted by Plaintiffs the New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, "and the Administrator of the New Jersey Spill Compensation Fund (collectively, "Plaintiffs") against Defendants Chevron Corporation and Kewanee Industries, Inc. (collectively, "Defendants") are dismissed with prejudice. It is further ORDERED, AJUDGED, and DECREED that the parties shall bear and pay their own costs, expenses, and attorney's fees heretofore incurred or to be incurred in connection with this dismissal. (Signed by Judge Shira A. Scheindlin on 8/27/2013) (rsh)
August 22, 2013 Opinion or Order Filing 270 ORDER OF DISMISSAL: that all claims asserted by Plaintiffs the New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund against Defendants Chevron Corporation and Chevron U.S.A. Inc. at the Baker's Waldwick Gulf Station (#121359, Waldwick Borough, Bergen County, New Jersey) are dismissed with prejudice; that the parties shall bear and pay their own costs, expenses, and attorney's fees. (Signed by Judge Shira A. Scheindlin on 8/21/2013) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ja)
August 22, 2013 Opinion or Order Filing 269 ORDER: The briefing schedule and page limits for the summary judgment motions discussed at the August 19 Conference are set below. The following four motions are to be consolidated into one motion (and set of briefs): (1) Chevron/Kewanee Motion on Certain Trial Sites; (2) Getty Properties Corp.'s Motion on HP Delta Trial Site; (3) BP Defendants' Motion for Summary Judgment; and (4) Exxon Mobil's Motion on APCO Trial Site. The opening brief for this consolidated motion is due October 15, 2013 and not to exceed fifty pages; the opposition brief is due November 30, 2013, and not to exceed fifty pages; the reply brief is due December 15, 2013, and not to exceed twenty pages. The three proposed motions of third-party plaintiff/defendants pertaining to the H.P. Delta Trial Site are stayed pending the resolution of Getty Properties' motion pertaining to that Site. (Motions due by 10/15/2013., Responses due by 11/30/2013, Replies due by 12/15/2013.) (Signed by Judge Shira A. Scheindlin on 8/22/2013) (rsh)
August 20, 2013 Opinion or Order Filing 268 ORDER OF DISMISSAL: that all claims asserted by Plaintiffs the New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund against Defendants Chevron Corporation and Chevron U.S.A. Inc. at the Baker's Waldwick Gulf Station (# 121359, Waldwick Borough, Bergen County, New Jersey) are dismissed with prejudice. It is further ORDERED, AJUDGED, and DECREED that the parties shall bear and pay their own costs, expenses, and attorney's fees heretofore incurred or to be incurred in connection with this dismissal. (Signed by Judge Shira A. Scheindlin on 8/20/2013) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ja)
August 19, 2013 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 8/19/2013. (Reily, James)
June 14, 2013 Filing 267 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Energy Transfer Partners, L.P. for Sunoco Inc.. Document filed by Sunoco Inc., Sunoco, Inc. (R&M).Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS, 1:08-cv-00312-SAS(Krainin, Daniel)
May 16, 2013 Opinion or Order Filing 266 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
May 13, 2013 Filing 265 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Energy Transfer Equity, L.P. for Sunoco Inc.. Document filed by Sunoco Inc., Sunoco, Inc. (R&M).Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS, 1:08-cv-00312-SAS(Krainin, Daniel)
May 13, 2013 Filing 264 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 3726) - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Energy Transfer Equity L.P., Heritage ETC L.P., La Grange Acquisition L.P., HPL Consolidation LP for Sunoco, Inc.. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M).Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS, 1:08-cv-00312-SAS(Krainin, Daniel) Modified on 5/13/2013 (lb).
April 19, 2013 Filing 263 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/22/13 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)
April 19, 2013 Filing 262 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/22/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/13/2013. Redacted Transcript Deadline set for 5/23/2013. Release of Transcript Restriction set for 7/22/2013.(Rodriguez, Somari)
March 20, 2013 Opinion or Order Filing 261 CASE MANAGEMENT ORDER NO.: The parties shall abide by the schedule, which dates supersede those set out in CMO 101 as set forth herein this Order. (See Order) (Signed by Judge Shira A. Scheindlin on 3/18/2013) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ja)
March 12, 2013 Opinion or Order Filing 260 ORDER GRANTING APPLICATION FOR PRO HAC VICE ADMISSION: This Court has considered the unopposed request of Defendant ConocoPhillips Company to admit, pro hac vice, Matthew D. Thurlow of Latham & Watkins LLP, and the request is hereby GRANTED. It is hereby ORDERED that Matthew D. Thurlow is admitted to practice before the Court pro hac vice on behalf of ConocoPhillips Company in New Jersey Department of Environmental Protection et al. v. Atlantic Richfield Co., et al. upon payment of the required $200.00 to the Clerk of Court. (Signed by Judge Shira A. Scheindlin on 3/12/2013) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ft)
March 11, 2013 Opinion or Order Filing 259 ORDER GRANTING APPLICATION FOR PRO HAC VICE ADMISSION: It is hereby ORDERED that Matthew D. Thurlow is admitted to practice before the Court pro hac vice on behalf of ConocoPhillips Company, upon the payment of the required $200.00 to the Clerk of Court. (Signed by Judge Shira A. Scheindlin on 3/8/2013) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(tro)
March 5, 2013 Opinion or Order Filing 258 ORDER GRANTING APPLICATIONS FOR PRO HAC VICE ADMISSION: 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. Attorney Jeffrey J. Freeman for Atlantic Richfield Company, Jeffrey J. Freeman for BP Corporation North America Inc., Jeffrey J. Freeman for BP Products North America, Inc., Jeffrey J. Freeman for Atlantic Richfield Company, Jeffrey J. Freeman for BP Products North America, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 3/5/2013) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ft)
February 22, 2013 Opinion or Order Filing 257 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)
December 27, 2012 Opinion or Order Filing 256 CASE MANAGEMENT ORDER NO. 107: After conference with the parties, it is hereby ORDERED that Plaintiffs' claims with respect to the nineteen Trial Sites are limited to only the defendant or defendants identified below for each Site as further set forth herein (Signed by Judge Shira A. Scheindlin on 12/26/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ago)
November 30, 2012 Filing 255 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 28, 2012 Filing 254 NOTICE OF APPEARANCE by Mark E. Tully on behalf of Cumberland Farms, Inc., Gulf Oil Limited Partnership (Tully, Mark)
November 26, 2012 Filing 253 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 252 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)
October 22, 2012 Filing 251 NOTICE OF APPEARANCE by Michael George Sinkevich on behalf of H.P. Delta, Inc. (Sinkevich, Michael)
October 16, 2012 Filing 250 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Tyler E. Wren dated 10/15/2012 re: As to Plaintiffs' non-site-specific witnesses who are not required to provide reports, the date for this disclosure is today October 15. Plaintiffs respectfully request a brief extension of this date to October 26. ENDORSEMENT: The parties' request for extensions is GRANTED. No further extensions will be granted for any reason. (Signed by Judge Shira A. Scheindlin on 10/15/2012) (ama)
September 24, 2012 Opinion or Order Filing 249 CORRECTED CASE MANAGEMENT ORDER 106 (EXPERT DISCOVERY PROTOCOL): The parties shall produce the required expert reliance materials (hereinafter, the "Reliance Materials") no later than five business days after the deadline to serve each relevant expert report pursuant to Case Management Order No. 101 ("CM0-101"), as further set forth within this Order. (Signed by Judge Shira A. Scheindlin on 9/24/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(jfe)
September 19, 2012 Opinion or Order Filing 248 CASE MANAGEMENT ORDER 106 (EXPERT DISCOVERY PROTOCOL): The parties shall produce the required expert reliance materials (hereinafter, the "Reliance Materials") no later than five business days after the deadline to serve each relevant expert report pursuant to Case Management Order No. 101 ("CMO-101"). The Reliance Materials to be produced shall include all files, documents, texts and underlying data or manipulations of such data reviewed or relied upon by that expert in forming the basis for his or her opinion, including all computer software programs, models, computer simulations on which the expert's opinions are based, and work papers. Any additional reliance materials generated or first reviewed and relied upon by the expert subsequent to the initial production of reliance materials but prior to the deposition shall be produced promptly and no later than 48 hours before the commencement of the deposition. Reliance materials that are publicly available and have been cited in full by the expert need not be produced absent a specific request. With respect to experts who rely on computer-based modeling, the following listed herein illustrates the nature or content of the modeling-related Reliance Materials to be produced. Nothing in this Protocol may be used by any party to establish the relevance or lack of relevance of any materials or information referenced herein. (Signed by Judge Shira A. Scheindlin on 9/19/2012) (ft)
September 19, 2012 Opinion or Order Filing 247 ORDER: As discussed at the telephone conference held in this matter on September 19, 2012, plaintiffs will not serve a non-site-specific expert report for Dr. Fogg. Further, plaintiffs are to comply with the following schedule: September 19, 2012 - Plaintiffs' designation of site-specific experts; September 21, 2012 - Plaintiffs' answer to Defendants' Interrogatory on Baseline Conditions; September 28, 2012 - Plaintiffs' production of documents responsive to Defendants' Request for Production of Documents on Baseline Conditions. No further extensions will be granted for any reason. ( Response to Request to Production of Documents due by 9/28/2012.) (Signed by Judge Shira A. Scheindlin on 9/19/2012) (ft)
September 19, 2012 Opinion or Order Filing 246 ORDER EXTENDING DISCOVERY AS TO WESTERN REFINING YORKTOWN, INC.: Comes now Plaintiffs, by counsel, and Western Refining Yorktown, Inc., by counsel, and seek leave to extend the deadline for written discovery to October 26, 2012. Upon review, the Court grants the extension. Discovery due by 10/26/2012. (Signed by Judge Shira A. Scheindlin on 9/19/2012) (ft)
August 30, 2012 Opinion or Order Filing 245 ORDER: As discussed at the status conference held in this matter on August 16, 2012, defendants may depose Mr. Salmi on September 27, 2012. Further, half of the remaining depositions of New Jersey Department of Environmental Protection ("NJDEP") employees should be conducted at the NJDEP facilities in Trenton, New Jersey, and half should be conducted at the offices of defense counsel in Princeton, New Jersey. (Signed by Judge Shira A. Scheindlin on 8/29/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(pl)
August 29, 2012 Set Deadlines/Hearings: Deposition due by 9/27/2012. Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(pl)
August 20, 2012 Filing 244 ANSWER to #232 Amended Complaint,,,,,,. Document filed by Cumberland Farms, Inc..(Higgins, Chad)
August 20, 2012 Filing 243 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cumberland Farms, Inc..(Higgins, Chad)
August 20, 2012 Filing 242 NOTICE OF APPEARANCE by Brian J. Sullivan on behalf of Cumberland Farms, Inc. (Sullivan, Brian)
August 20, 2012 Filing 241 NOTICE OF APPEARANCE by Chad W. Higgins on behalf of Cumberland Farms, Inc. (Higgins, Chad)
August 10, 2012 Filing 240 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 239 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)
August 1, 2012 Filing 238 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent El Paso Holdco LLC, Corporate Parent Kinder Morgan, Inc. for Coastal Eagle Point Oil Company, El Paso Corporation. Document filed by Coastal Eagle Point Oil Company, El Paso Corporation.(Allen, Brent)
August 1, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Brent H. Allen to RE-FILE Document #236 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (lb)
July 31, 2012 Opinion or Order Filing 237 ORDER: At a hearing on July 31,2012, the parties in the above matter brought before the Court a number of disputes regarding plaintiffs' objections to defendants' 30(b)(6) deposition notices. During the hearing, I made several rulings which are reflected in the hearing transcript. These rulings are hereby So Ordered. (Signed by Judge Shira A. Scheindlin on 7/31/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(jar)
July 26, 2012 Filing 236 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent El Paso Holdco LLC for El Paso Corporation; Corporate Parent El Paso CGP Company, L.L.C. for Coastal Eagle Point Oil Company. Document filed by Coastal Eagle Point Oil Company, El Paso Corporation.(Allen, Brent) Modified on 8/1/2012 (lb).
July 25, 2012 Set/Reset Hearings: Status Conference set for 7/31/2012 at 10:30 AM before Judge Shira A. Scheindlin. (djc)
July 25, 2012 Opinion or Order Filing 235 CASE MANAGEMENT ORDER #105: As discussed at the status conference held in this matter on July 12, 2012, plaintiffs were ordered to present defendants with their written objections to defendants' Rule 30(b)(6) deposition notices by July 19, 2012. The parties were directed to meet-and-confer, and then each send the Court one brief submission detailing their differing views on the remaining issues by July 25, 2012. A hearing to resolve the remaining disputes is scheduled for July 31, 2012 at 10:30am. (Signed by Judge Shira A. Scheindlin on 7/25/2012) (djc)
July 12, 2012 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 7/12/2012. Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS, 1:08-cv-00312-SAS(djc)
July 12, 2012 Filing 234 CASE MANAGEMENT PLAN 104 PROTOCOL GOVERNING RULE 30(B)(6) DEPOSITIONS: Parties shall provide 21 days notice for any Rule 30(b)(6) deposition. The notice shall identify, with reasonable particularity, the topics to be addressed at the deposition. Written objections, if any, to a Rule 30(b)(6) deposition notice, or any portion thereof, shall be served at least 5 days prior to the deposition, and as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 7/12/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
July 2, 2012 Filing 233 WAIVER OF SERVICE RETURNED EXECUTED. Cumberland Farms, Inc. waiver sent on 6/21/2012, answer due 8/20/2012. Document filed by New Jersey Department of Environmental Protection. (Wren, Tyler)
June 19, 2012 Filing 232 FOURTH AMENDED COMPLAINT against Coastal Eagle Point Oil Company, Duke Energy Merchants, LLC, El Paso Corporation, ExxonMobil Oil Corporation, George E. Warren Corporation, Getty Petroleum Marketing Inc., Getty Properties Corp., Gulf Oil Limited Partnership, Hess Corporation, Lukoil Americas Corporation, Marathon Oil Company, Rosemore Inc., Sunoco, Inc., Sunoco, Inc. (R&M),, Western Refining, Inc., Atlantic Richfield Company, BP America, Inc., BP Amoco Chemical Company, BP Amoco Corporation, BP Products North America, Inc., Chevron Corporation, Chevron USA, Inc., Citgo Petroleum Corporation, ConocoPhillips Company, Crown Central Petroleum Corporation, Cumberland Farms, Inc., Equilon Enterprises, LLC, ExxonMobil Corporation, Giant Yorktown, Inc., Gulf Acquisition LLC, Kewanee Industries, Inc., Lyondell Chemical Company, Lyondell-Citgo Refining, LP, Mobil Corporation, Motiva Enterprises, LLC, The Premcor Refining Group, Inc., Shell Oil Company, Shell Oil Products Company LLC, Shell Trading (US) Company, Total Petrochemicals USA, Inc., Ultramar Energy, Inc., Ultramar Limited, Unocal Corporation, Valero Energy Corporation, Valero Marketing and Supply Company, Valero Refining Company-New Jersey, Valero Refining & Marketing Company, Vitol S.A., "Does" 1-99 with JURY DEMAND.Document filed by New Jersey Department of Environmental Protection, The Commisisoner of the New Jersey Department of Environmental Protection, The Administrator of the New Jersey Spill Compensation Fund.(lmb)
June 15, 2012 Opinion or Order Filing 231 OPINION AND ORDER: Because NJDEP's failure to warn claims put directly at issue its own deliberations regarding the relative risks and benefits of adding MTBE to gasoline, it has waived the deliberative process privilege with regard to those documents. Defendants' motion to compel is granted, and plaintiffs are ordered to produce documents containing its pre-decisional deliberations on the risks and benefits of MTBE. (Signed by Judge Shira A. Scheindlin on 6/15/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(jfe)
June 13, 2012 Opinion or Order Filing 230 ORDER: that Plaintiffs are granted leave to file a Fourth Amended Complaint, substantially in the form attached hereto, within 10 days of the entry of this Order. (Signed by Judge Shira A. Scheindlin on 6/13/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
June 13, 2012 Opinion or Order Filing 229 CASE MANAGEMENT ORDER #103: As discussed at the status conference held in this matter on June 7, 2012, Special Master Warner's Pre-Trial Order #72 is amended as follows: during the Livingston Exxon Trial Site 30(b)( 6) deposition, defendants may question NJDEP about communications between NJDEP and the responsible party at Nearby Site Livingston Town Center. In addition, defendants shall be entitled to three (3) depositions of NJDEP officials in addition to the sixty (60) depositions that defendants were granted in Case Management Order # 94. No additional depositions will be granted for any reason. (Signed by Judge Shira A. Scheindlin on 6/13/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
June 12, 2012 Opinion or Order Filing 228 ORDER: upon consideration of Plaintiffs' request for leave to amend their Complaint and being advised there is no opposition thereto, it is hereby ORDERED that Plaintiffs are granted leave to file a Fourth Amended Complaint, substantially in the form attached hereto, within ten days of the entry of this Order. (Signed by Judge Shira A. Scheindlin on 6/11/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(jfe)
June 8, 2012 Filing 227 ANSWER to #219 Counterclaim. Document filed by New Jersey Department of Environmental Protection.(Wren, Tyler)
June 6, 2012 Opinion or Order Filing 226 CASE MANAGEMENT ORDER NO. 101: 1. The parties shall abide by the following schedule as further set forth in this order. 2. The parties are on explicit notice that no further extensions of this schedule will be granted for any reason., ( Fact Discovery due by 9/14/2012., Expert Discovery due by 4/1/2013.) (Signed by Judge Shira A. Scheindlin on 6/5/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(lmb)
May 24, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney John McMeekin to RE-FILE Document 3549 (225 in 1:08-cv-00312-SAS) Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s).. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kco) Modified on 5/24/2012 (kco).
May 15, 2012 Filing 225 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Getty Properties Corp..Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(McMeekin, John) Modified on 5/24/2012 (kco).
May 10, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney John McMeekin to RE-FILE Document #220 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): NOTE: YOU MUST SELECT THE FILER FOR EACH INDIVIDUAL CASE. (gp)
May 8, 2012 Opinion or Order Filing 224 OPINION AND ORDER: For the reasons stated above, defendants motion is granted in part anddenied in part. Plaintiffs are deemed to have waived the deliberative processprivilege for the above-specified documents for which their privilege log entriesare facially insufficient. (Signed by Judge Shira A. Scheindlin on 5/8/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(js)
May 8, 2012 Filing 223 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 222 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)
May 3, 2012 Opinion or Order Filing 221 ORDER: On March 30, 2012, I instructed plaintiffs to provide the Court with the documents listed on Exhibit "3" of defendants' March 2, 2012 letter brief in support of Defendants' Motion to Compel Production of Documents and Testimony Regarding NJDEP's Knowledge of the Risks and Benefits of MTBE and Ethanol. I have conducted an in camera review of these documents set forth within this Order, and determined that the following are not protected by New Jersey's deliberative process privilege because they are not pre-decisional and/or not deliberative. Accordingly, plaintiffs are ordered to produce the within documents to defendants. In addition, the following documents set forth within, contain a mix of facts and pre-decisional deliberations. The fact sections in the within documents are responsive to defendants' discovery requests and not protected by the deliberative process privilege. Accordingly, plaintiffs are ordered to produce redacted versions of the within documents to defendants. I am still considering the application of the privilege to the remaining documents designated as privileged by plaintiffs. (Signed by Judge Shira A. Scheindlin on 5/1/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(jfe)
May 1, 2012 Filing 220 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Getty Properties Corp..Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(McMeekin, John) Modified on 5/10/2012 (gp).
April 30, 2012 Filing 219 COUNTERCLAIM against New Jersey Department of Environmental Protection.Document filed by ExxonMobil Oil Corporation. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Gerson, Lisa)
April 30, 2012 Filing 218 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Crown Central Holdings, LLC for Crown Central LLC. Document filed by Crown Central LLC.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 217 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Duke Energy Americas, LLC for Duke Energy Merchants, LLC, Duke Energy Merchants, LLC. Document filed by Duke Energy Merchants, LLC.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 216 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hess Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 215 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Chevron Corporation for Chevron U.S.A., Inc., Texaco Inc.. Document filed by Chevron U.S.A., Inc., Texaco Inc..Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 214 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Royal Dutch Shell plc for Equilon Enterprises LLC, Motiva Enterprises, LLC, Shell Oil Company, Shell Oil Products Company LLC, Shell Trading (US) Company. Document filed by Equilon Enterprises LLC, Motiva Enterprises, LLC, Shell Oil Company, Shell Oil Products Company LLC, Shell Trading (US) Company.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 213 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gulf Oil Limited Partnership.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 212 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sunoco, Inc. for Sunoco, Inc. (R&M). Document filed by Sunoco Inc., Sunoco, Inc. (R&M).Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 211 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PDV America, Inc. for Citgo Petroleum Corporation. Document filed by Citgo Petroleum Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 210 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent El Paso CGP Company, L.L.C. for Coastal Eagle Point Oil Company. Document filed by Coastal Eagle Point Oil Company, El Paso Corporation.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 209 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Valero Energy Corporation for The Premcor Refining Group Inc., Valero Marketing and Supply Company, Valero Refining and Marketing Company; Corporate Parent PBF Holding Company LLC for Valero Refining Company New Jersey. Document filed by The Premcor Refining Group Inc., Valero Marketing and Supply Company, Valero Refining Company New Jersey, Valero Refining and Marketing Company.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 208 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LyondellBasell Finance Company for Lyondell Chemical Company. Document filed by Lyondell Chemical Company.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 207 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ConocoPhillips for ConocoPhillips Company. Document filed by ConocoPhillips Company.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 206 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Total Delaware, Inc. for Total Petrochemicals USA, Inc.. Document filed by Total Petrochemicals USA, Inc..Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 205 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BP America Inc. for Atlantic Richfield Company; Corporate Parent BP Company North America Inc. for BP Amoco Chemical Company, Inc., BP Amoco Corporation, BP Products North America, Inc.. Document filed by Atlantic Richfield Company, BP Amoco Chemical Company, Inc., BP Amoco Corporation, BP Products North America, Inc..Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 30, 2012 Filing 204 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MOBIL CORPORATION for ExxonMobil Oil Corporation, ExxonMobil Oil Corporation; Corporate Parent Exxon Mobil Corporation for MOBIL CORPORATION. Document filed by Exxon Mobil Corporation, ExxonMobil Oil Corporation, MOBIL CORPORATION.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(Gerson, Lisa)
April 5, 2012 Opinion or Order Filing 203 ORDER APPROVING WITHDRAWAL OF COUNSEL: in case 1:08-cv-00312-SAS; granting (3511) Motion to Withdraw in case 1:00-cv-01898-SAS-DCF. The application to withdraw the appearance for plaintiffs in this matter of the finn of Richardson, Patrick, Westbrook & Brickman, LLC, and its attorneys Thomas P. Gressette, Jr., Aaron R. Dias, and Gordon C. Rhea, is hereby GRANTED, pursuant to Local Civil Rule 1.4. The firm of Berger & Montague, P.C. and its attorneys may enter their appearance on behalf o fplaintiffs in substitution of withdrawing counsel. (Signed by Judge Shira A. Scheindlin on 4/4/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(jfe)
April 2, 2012 Opinion or Order Filing 202 CONSENT ORDER RELATING TO LANDFILLS: The parties hereby agree as follows: 1. Plaintiffs hereby withdraw with prejudice from the above-captioned action, except as reserved in Paragraph 2 below, all claims for damages for the following four sites: (i) NJDEP Combe Fill SLF So. Chester, Site Identification ("ID") No. 3939; (ii) Ferro Corp., Site ID No. 15779; (iii) Brick Twp. French's SLF, Site ID No. 66247; and (iv) Toms River Twp. SLF, Site ID No. 66397. 2. As provided in paragraph 1 above, Plaintiffs reserve their right to assert claims for damages with respect to leaking storage tank(s) at one or more of these sites in the future should a report of a leaking storage tank discharging petroleum and/or MTBE be reported to and/or discovered by Plaintiffs. This reservation does not cover the landfill portion of the site for which Plaintiffs withdraw their claims in this case in their entirety without reservation as further set forth in this order. (Signed by Judge Shira A. Scheindlin on 4/2/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(lmb)
March 5, 2012 Filing 201 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 200 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 28, 2012 Opinion or Order Filing 199 CASE MANAGEMENT ORDER #99:This Order memorializes the rulings made at the February 24, 2012 conference in this matter. A status conference is scheduled for March 30, 2012 at 4:30 p.m. 1. New Jersey Department of Environmental Protection: a. Defendants intend to file a motion challenging approximately seventy-five (75) entries in Plaintiffs' privilege logs dated November 17, 2011 and December 1, 2011. Defendants' moving papers are due February 28, 2012. Plaintiffs shall respond by March 13, 2012. Defendants shall reply by March 20, 2012. All of this Court's individual rules of practice regarding page limits, both for briefs and exhibits, shall apply. b. In advance of deposing certain key NJDEP witnesses, Defendants intend to file a motion to determine whether the deliberative process privilege, even if properly asserted, is overcome by their need to know about Plaintiffs' deliberations regarding the risks and benefits of certain oxygenates, including MTBE. Defendants' moving papers are due March 2, 2012. Plaintiffs shall respond by March 16, 2012, and Defendants shall reply by March 23, 2012. In their moving papers, Defendants shall clearly and concisely delineate the questions they intend to ask the NJDEP witnesses. All of this Court's individual rules of practice regarding page limits, both for briefs and exhibits, shall apply. 2. Commonwealth of Puerto Rico: a. Defendants assert that they made certain focus site designations based on inaccurate information that Plaintiffs provided to them. On this basis, Defendants intend to move for a discovery sanction ordering Plaintiffs to dismiss five of their trial site designations. Defendants' moving papers are due March 2, 2012. Plaintiffs shall respond by March 12, 2012, and Defendants shall reply by March 19, 2012. All of this Court's individual rules of practice regarding page limits, both for briefs and exhibits, shall apply. b. Defendants are entitled to designate up to seven additional trial sites in advance of the next status conference. c. The parties shall jointly submit a proposed order dismissing all remaining "non-detect" sites from this case, without prejudice. d. All PRASA-owned wells for which GIS location co-ordinates were not provided by July 2011 are dismissed from this case, with prejudice. (Signed by Judge Shira A. Scheindlin on 2/28/2012) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS, 1:08-cv-00312-SAS(mro) Modified on 2/29/2012 (mro).
February 17, 2012 Filing 198 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 197 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)
January 4, 2012 Opinion or Order Filing 196 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 23, 2011 Opinion or Order Filing 195 CASE MANAGEMENT ORDER # 95: This Order memorializes the rulings made at the 12/13/2011 conference in this matter. Status Conference set for 1/20/2012 at 02:30 PM before Judge Shira A. Scheindlin. Expert Discovery due by 2/29/2012. No further extensions will be granted. (Signed by Judge Shira A. Scheindlin on 12/22/2011) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS, 1:09-cv-01419-SAS(ft)
December 13, 2011 Filing 194 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 193 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)
December 9, 2011 Filing 192 SUGGESTION OF BANKRUPTCY upon the record. Document filed by Getty Petroleum Marketing Inc.(Parisi, Matthew)
November 28, 2011 Opinion or Order Filing 191 CASE MANAGEMENT ORDER # 94: As discussed at the status conference held in this matter on November 21, 2011, the defendants shall be entitled to sixty (60) depositions of NJDEP employees in addition to those already taken or noticed. These depositions shall be taken at a rate of no greater than ten (10) per month. (Signed by Judge Shira A. Scheindlin on 11/28/2011) (rdz)
November 22, 2011 Opinion or Order Filing 190 CASE MANAGEMENT ORDER #92: The parties shall abide by the following schedule. The parties shall also continue to abide by the discovery guidelines contained in CMO 89, as well as any subsequently entered CMOs or orders of the Court. ( Expert Discovery due by 2/1/2013., Fact Discovery due by 7/16/2012., Joinder of Parties due by 4/15/2012.) (Signed by Judge Shira A. Scheindlin on 11/21/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(lmb)
November 17, 2011 Opinion or Order Filing 189 PRETRIAL ORDER #68 (Defendants' Motion To Compel Supplemental Responses to Defendants' Second Set of Discovery Requests): Therefore, plaintiffs are directed to supplement their responses to these Second Set Interrogatories by no later than November 30, 2011 to provide the information sought by defendants in their June 21, 2011 letter. With regard to Interrogatory No. 40, plaintiffs are directed to provide the information requested by defendants in their June 21 letter, with the exception that plaintiffs need not "indicate whether these employees supported the decision to 'opt in' to the RFG program," as this information appears to be protected by the deliberative process privilege. With regard to the Second Set of Interrogatories Nos. 5, 11, 15, 17, 19, 20, 23, 27, 32, 34, 35, 36, 47, 48, 52, 54, and 55, I will hold oral argument on November 15,2011 at 11:00 am to address the issues raised regarding those interrogatories. In addition, when the motion papers at issue were filed, plaintiffs had served only general objections, and no specific objections, to the Second Set of Document Requests. If plaintiffs have specific objections to any of those document requests, they are directed to serve them by no later than November 30, 2011, or such specific objections are waived. (Signed by judge on 11/8/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(cd)
November 14, 2011 Filing 188 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 187 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 31, 2011 Opinion or Order Filing 186 CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Shira A. Scheindlin on 10/28/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(jfe)
October 27, 2011 Filing 185 NOTICE of Confidentiality Agreement & Protective Order. Document filed by New Jersey Department of Environmental Protection. (Axline, Michael)
October 20, 2011 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 10/20/2011. (djc)
October 20, 2011 Opinion or Order Filing 184 ORDER: Plaintiffs shall produce privilege logs for all hard copy document and ESI productions made prior to November 1, 2011 on a rolling basis, to be completed by no later than December 1, 2011; Plaintiffs' production of Electronically Stored Information ("ESI") -including both emails and "electronic loose files" for individuals related to the Trial Sites shall be completed by October 31, 2011; (Signed by Judge Shira A. Scheindlin on 10/20/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(js)
October 18, 2011 Opinion or Order Filing 183 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)
October 12, 2011 Filing 182 RESPONSE re: (169 in 1:08-cv-00312-SAS, 169 in 1:08-cv-00312-SAS) Answer to Third Party Complaint, Crossclaim Answer of Defendant/Third-Party Plaintiff Getty Properties Corp. to Third-Party Defendant Robert Melecci's Affirmative Defenses and Counterclaims. Document filed by Getty Properties Corp.. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(McMeekin, John)
September 7, 2011 Opinion or Order Filing 181 CONFIDENTIALITY ORDER FOR PRIVATE WELL TESTING ACT DATA...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Shira A. Scheindlin on 9/6/2011) (ft)
August 18, 2011 Opinion or Order Filing 180 ORDER TO ADMIT KEVIN T. BRIGHT, ESQ., AS COUNSEL PRO HAC VICE: granting (177) Motion for Kevin T. Bright to Appear Pro Hac Vice in case 1:08-cv-00312-SAS (Signed by Judge Shira A. Scheindlin on 8/18/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(jfe)
August 18, 2011 Opinion or Order Filing 179 ORDER TO ADMIT LILA WYNNE, ESQ., AS COUNSEL PRO HAC VICE: granting (177) Motion for Lila Wynne to Appear Pro Hac Vice in case 1:08-cv-00312-SAS. (Signed by Judge Shira A. Scheindlin on 8/18/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(jfe)
August 17, 2011 Opinion or Order Filing 178 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).
August 16, 2011 Filing 177 MOTION for Lila Wynne & Kevin T. Bright to Appear Pro Hac Vice. Document filed by Dhandi Transport, Inc.(pgu)
July 25, 2011 Filing 176 NOTICE OF APPEARANCE by Kevin T. Bright on behalf of Dhandi Transport, Inc. (Bright, Kevin)
July 25, 2011 Filing 175 NOTICE OF APPEARANCE by Lila T Wynne on behalf of Dhandi Transport, Inc. (Wynne, Lila)
July 18, 2011 Opinion or Order Filing 174 ORDER TO ADMIT LILA WYNNE, ESQ., AS COUNSEL PRO HAC VICE: Lila Wynne, Esq. is admitted pro hac vice in this matter. (Signed by Judge Shira A. Scheindlin on 6/27/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(jfe)
July 11, 2011 Filing 172 ANSWER to #169 Crossclaim. Document filed by H.P. Delta, Inc..(Lieberman, Stuart)
July 8, 2011 Opinion or Order Filing 173 ORDER TO ADMIT LILA WYNNE, ESQ., AS COUNSEL PRO HAC VICE: The Motion is hereby GRANTED and Lila Wynne, Esq. may enter her appearance as counsel for said defendant and actively participate in the conduct of these proceedings. (Signed by Judge Shira A. Scheindlin on 6/27/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(tro)
June 27, 2011 Opinion or Order Filing 171 ORDER ADMITTING ATTORNEY PRO HAC VICE, that the Motion of the third-party defendant, Dhandi Transport, Inc is hereby GRANTED and that Kevin T. Bright, Esq. may enter his appearance as counsel for said defendant and actively participate in the conduct of these proceedings. Attorney Kevin M. Bright for Dhandi Transport, Inc.,Kevin M. Bright for Dhandi Transport, Inc.,Kevin M. Bright for Dhandi Transport, Inc.,Kevin M. Bright for Dhandi Transport, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 6/27/11) (pl) (pl). (pl).
June 23, 2011 Opinion or Order Filing 170 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 21, 2011 Filing 169 ANSWER to #141 Third Party Complaint with JURY DEMAND., CROSSCLAIM against Dhandi Transport, Inc., H.P. Delta, Inc.. Document filed by Robert Melecci.(Bride, James)
June 21, 2011 Filing 168 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Robert Melecci.(Bride, James)
June 8, 2011 Filing 167 RESPONSE re: (161 in 1:08-cv-00312-SAS, 161 in 1:08-cv-00312-SAS, 161 in 1:08-cv-00312-SAS) Answer to Third Party Complaint, Crossclaim, Counterclaim. Document filed by Getty Properties Corp.. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(McMeekin, John)
June 6, 2011 Opinion or Order Filing 166 (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 2, 2011 Opinion or Order Filing 165 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)
June 1, 2011 Opinion or Order Filing 164 CASE MANAGEMENT PLAN ORDER NO. 91: Paragraph 1.A of CMO #89 is modified to require plaintiffs to designate a final geographic boundary for each of the twenty trial sites by June 6, 2011. (Signed by Judge Shira A. Scheindlin on 6/1/11; Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(djc)
May 31, 2011 Filing 163 RESPONSE re: (154 in 1:08-cv-00312-SAS, 154 in 1:08-cv-00312-SAS, 154 in 1:08-cv-00312-SAS) Answer to Third Party Complaint, Crossclaim, Counterclaim. Document filed by Getty Properties Corp.. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(McMeekin, John)
May 20, 2011 Opinion or Order Filing 162 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 19, 2011 Filing 161 ANSWER to Third Party Complaint., CROSSCLAIM against Robert Melecci., COUNTERCLAIM against Getty Petroleum Marketing Inc.. Document filed by Dhandi Transport, Inc..(Imeri, Jeff)
May 17, 2011 Opinion or Order Filing 160 STIPULATION AND ORDER EXTENDING TIME FOR THIRD-PARTY DEFENDANT DHANDI TRANSPORT, INC TO ANSWER THE THIRD-PARTY COMPLAINT OF GETTY PROPERTIES CORP Dhandi Transport, Inc. answer due 5/23/2011. (Signed by Judge Shira A. Scheindlin on 5/17/11) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(cd)
May 16, 2011 Opinion or Order Filing 159 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 158 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 157 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 12, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Jeff Imeri to E-MAIL Document No. #155 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db)
May 12, 2011 Filing 156 STIPULATION OF DISMISSAL, that Third Party Defendants Harbans Singh and Gurmail Singh are voluntarily dismissed without prejudice. Gurmail Singh, Harbans Singh, terminated. (Signed by Judge Shira A. Scheindlin on 5/12/11) (pl)
May 12, 2011 Filing 155 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time to File Answer STIPULATION. Document filed by Dhandi Transport, Inc. (Imeri, Jeff) Modified on 5/13/2011 (db).
May 12, 2011 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney John McMeekin Document #151 Stipulation of Voluntary Dismissal, was referred to Judge Shira A. Scheindlin for approval. (dt)
May 11, 2011 Filing 154 ANSWER to Third Party Complaint., CROSSCLAIM against Robert Melecci., COUNTERCLAIM against Getty Properties Corp.. Document filed by H.P. Delta, Inc..(Lieberman, Stuart)
May 11, 2011 Filing 153 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by H.P. Delta, Inc..(Lieberman, Stuart)
May 11, 2011 Filing 152 NOTICE OF APPEARANCE by Stuart J. Lieberman on behalf of H.P. Delta, Inc. (Lieberman, Stuart)
May 11, 2011 Filing 151 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - 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) Harbans Singh, Gurmail Singh pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Getty Properties Corp..Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(McMeekin, John) Modified on 5/12/2011 (dt).
May 11, 2011 Filing 150 NOTICE OF APPEARANCE by Jeff Imeri on behalf of Dhandi Transport, Inc. (Imeri, Jeff)
May 4, 2011 Opinion or Order Filing 149 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)
May 4, 2011 Opinion or Order Filing 148 ORDER: It is on this 4th day of May, 2011, ordered that Third Party Defendants Harbans Singh, Gurmail Singh, and H.P. Delta, Inc.'s Answer or Responding Motion to Defendant/Third-party Plaintiff Getty Properties Corp.'s Third Party Complaint is to be filed on May 11, 2011. So Ordered (Signed by Judge Shira A. Scheindlin on 5/4/11) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(js)
May 4, 2011 Opinion or Order Filing 147 ORDER: It is on this 3rd day of may, 2011, ordered that Third Party Defendants Harbans Singh, Gumail Singh, and H.P. Delta. Inc.'s Answer or Responding Motion to Defendant/Third-Party Plaintiff Getty Properties Corp.'s Third party Complaint is to be filed on May 11, 2011. So Ordered (Signed by Judge Shira A. Scheindlin on 5/3/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(js)
April 18, 2011 Filing 146 SUMMONS RETURNED EXECUTED Summons and Third Party Complaint served. Robert Melecci served on 4/12/2011, answer due 5/3/2011. Service was accepted by Robert Melecci. Document filed by Getty Properties Corp.. (McMeekin, John)
April 18, 2011 Filing 145 SUMMONS RETURNED EXECUTED Summons and Third Party Complaint served. H.P. Delta, Inc. served on 4/12/2011, answer due 5/3/2011. Service was accepted by Nick Singh, employee. Document filed by Getty Properties Corp.. (McMeekin, John)
April 18, 2011 Filing 144 SUMMONS RETURNED EXECUTED Summons and Third Party Complaint served. Harbans Singh served on 4/12/2011, answer due 5/3/2011. Service was accepted by Nick Singh, employee and Mrs. Singh. Document filed by Getty Properties Corp.. (McMeekin, John)
April 18, 2011 Filing 143 SUMMONS RETURNED EXECUTED Summons and Third Party Complaint served. Gurmail Singh served on 4/12/2011, answer due 5/3/2011. Service was accepted by Nick Singh, employee and Mrs. Singh. Document filed by Getty Properties Corp.. (McMeekin, John)
April 18, 2011 Filing 142 SUMMONS RETURNED EXECUTED Summons and Third Party Complaint served. Dhandi Transport, Inc. served on 4/13/2011, answer due 5/4/2011. Service was accepted by Paranjit Kaur, wife. Document filed by Getty Properties Corp.. (McMeekin, John)
April 12, 2011 Filing 141 THIRD PARTY COMPLAINT against Harbans Singh, Gurmail Singh, H.P. Delta, Inc., Robert Melecci, Dhandi Transport, Inc., John and Jane Does Nos. 1-100.Document filed by Getty Properties Corp.(tro) (rdz).
April 7, 2011 Opinion or Order Filing 140 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)
March 22, 2011 Opinion or Order Filing 138 ORDER TO ADMIT PATRICK R. JACOBI AS COUNSEL PRO HAC VICE: That Patrick R. Jacobi, Esq. is admitted to practice before this Court pro hac vice on behalf of Sunoco, Inc. and Sunoco, Inc. (R&M) 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 3/22/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(ae)
March 18, 2011 Filing 139 TRANSCRIPT of proceedings held on 1/13/2011 before Judge Shira A. Scheindlin. (ab)
March 17, 2011 Filing 137 AMENDED ANSWER to. Document filed by Exxon Mobil Corporation, Exxon Mobil Corporation,, Exxon Mobil Corp., ExxonMobil Corporation, Exxon Mobil Corporation, Exxon Corporation, Exxonmobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(Gerson, Lisa)
March 8, 2011 Opinion or Order Filing 136 OPINION AND ORDER for the reasons previously stated, the Defendants' motion to compel is denied. In any future assertion of a privilege the NJDEP must provide privilege logs that are sufficiently detailed to allow Defendants to evaluate the validity of the claimed privilege. (Signed by Judge Shira A. Scheindlin on 3/8/11) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(cd)
March 4, 2011 Opinion or Order Filing 135 CASE MANAGEMENT ORDER NO. 87: Pursuant to Case Management Order No. 79, the parties were to submit a proposed CMO governing discovery, experts, pre-trial, and trial matters by February 28,2011. The parties have requested that the February 28,2011 deadline be extended until March 30, 2011. The parties request is hereby granted. (Signed by Judge Shira A. Scheindlin on 3/4/2011) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(jpo)
February 28, 2011 Filing 134 AMENDED ANSWER to. Document filed by Exxon Mobil Corporation. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(Gerson, Lisa)
February 28, 2011 Filing 133 ANSWER to Complaint., CROSSCLAIM against All Defendants. Document filed by Lukoil Americas Corporation.(Parisi, Matthew)
February 28, 2011 Filing 132 ANSWER to Complaint., CROSSCLAIM against All Defendants. Document filed by Getty Petroleum Marketing Inc..(Parisi, Matthew)
February 25, 2011 Filing 131 NOTICE OF APPEARANCE by Brian J. Sullivan on behalf of Gulf Oil Limited Partnership (Sullivan, Brian)
February 23, 2011 Opinion or Order Filing 130 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 129 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 127 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 128 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 126 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 125 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 124 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 123 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 122 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 31, 2011 Filing 121 AMENDED ANSWER to (1 in 1:11-cv-00479-SAS) Complaint, (15 in 1:10-cv-08742-SAS) Amended Complaint, (12 in 1:10-cv-08743-SAS) Amended Complaint, (23 in 1:07-cv-10470-SAS) Amended Complaint,,,, (1202 in 1:00-cv-01898-SAS -DCF) Amended Complaint,,,, (23 in 1:10-cv-08184-SAS) Amended Complaint, (62 in 1:09-cv-06554-SAS) Third Party Complaint, (21 in 1:10-cv-08182-SAS) Amended Complaint, (21 in 1:10-cv-07874-SAS) Amended Complaint with JURY DEMAND. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M). (Attachments: #1 Supplement Rule 7.1 Corporate Disclosure Statement of Defendants Sunoco, Inc. and Sunoco, Inc. (R&M)(Bridgewater Water Dep't), #2 Supplement Rule 7.1 Corporate Disclosure Statement of Defendants Sunoco, Inc. and Sunoco, Inc. (R&M)(City of Kennett), #3 Supplement Rule 7.1 Corporate Disclosure Statement of Defendants Sunoco, Inc. and Sunoco, Inc. (R&M)(City of Pattonsburg))Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(Krainin, Daniel)
January 28, 2011 Filing 120 ANSWER to Complaint. Document filed by Amerada Hess Corp..(Leifer, Steven)
January 28, 2011 Filing 119 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Amerada Hess Corp..(Leifer, Steven)
January 28, 2011 Filing 118 ANSWER to Complaint. Document filed by Marathon Oil Company, Marathon Petroleum Company LP.(Leifer, Steven)
January 28, 2011 Filing 117 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Marathon Oil Corporation as Corporate Parent. Document filed by Marathon Oil Company, Marathon Petroleum Company LP.(Leifer, Steven)
January 21, 2011 Opinion or Order Filing 116 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 115 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 114 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 18, 2011 Opinion or Order Filing 113 CASE MANAGEMENT ORDER #83 By 1/29/11, Plaintiffs will produce all responsive, non-privileged emails for all previously identified NJDEP case managers. All eighteen Depositions of case managers in anticipation of trial site selection due to be completed by 2/3/2011. The parties are each directed to select their ten trial sites by 2/10/11. Plaintiffs are directed to provide Defendants with complete sampling data for all focus sites, current through at least 8/10, by 1/29/11. Plaintiffs are directed to update, within a reasonable time, the statewide databases produced pursuant to Case Management Order No. 45 to include information gathered through at least 8/10. (Signed by Judge Shira A. Scheindlin on 1/14/11) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(cd)
January 18, 2011 Opinion or Order Filing 112 ORDER PURSUANT TO RULE 502(d) of the Federal Rules of Evidence the Disclosed Protected Information shall not constitute or be deemed a waiver or forfeiture of any claim of privilege or work product protection that a party would otherwise be entitled to assert with respect to the Disclosed Protected Information and its subject matter either in this litigation or in any federal or state litigation, and as further set forth in this document. Documents that are produced 9and all copies of such documents) shall be immediately returned if the documents appear privileged or appear to be attorney work product. (Signed by Judge Shira A. Scheindlin on 1/14/11) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(cd)
January 3, 2011 Opinion or Order Filing 111 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 110 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 109 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 108 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 107 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)
December 1, 2010 Filing 106 AMENDED ANSWER to. Document filed by Coastal Chem, Inc., Coastal Eagle Point Oil Company, Coastal Fuels Marketing, Inc., Coastal Oil New England, Inc., El Paso Merchant Energy -Petroleum Company. Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:04-cv-04973-SAS, 1:08-cv-00312-SAS, 1:09-cv-03738-SAS, 1:09-cv-06554-SAS(Lawrence-Hammer, Lesley)
December 1, 2010 Filing 105 AMENDED ANSWER to. Document filed by Marathon Oil Company, Marathon Petroleum Company LP. (Leifer, Steven)
December 1, 2010 Filing 104 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Marathon Oil Corporation as Corporate Parent. Document filed by Marathon Oil Company, Marathon Petroleum Company LP.(Leifer, Steven)
November 23, 2010 Opinion or Order Filing 103 SUPPLEMENTAL CONFIDENTIALITY AGREEMENT AND ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Shira A. Scheindlin on 11/23/10) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF et al.(rjm)
November 16, 2010 Filing 102 ANSWER to Complaint. Document filed by Getty Petroleum Marketing Inc..(Parisi, Matthew)
November 12, 2010 Filing 101 NOTICE OF APPEARANCE by Yaniv Heled on behalf of Gulf Oil Limited Partnership (Heled, Yaniv)
November 12, 2010 Filing 100 NOTICE OF APPEARANCE by Anthony A. Orlandi on behalf of Gulf Oil Limited Partnership (Orlandi, Anthony)
October 27, 2010 Filing 99 AMENDED ANSWER to. Document filed by Sunoco, Inc., Sunoco, Inc. (R&M),. (Krainin, Daniel)
October 20, 2010 Filing 98 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 97 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 96 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 95 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 18, 2010 Opinion or Order Filing 94 CASE MANAGEMENT ORDER #78: This Order memorializes the rulings made during the Conference held on 10/11/10. 1. PRODUCTION OF AFFECTED RECEPTOR SITES. and 2. GEOGRAPHIC BOUNDARIES OF DISCOVERY SITES, as further set forth in this order. (Signed by Judge Shira A. Scheindlin on 10/18/10) Filed In Associated Cases: 1:00-cv-01898-SAS -DCF, 1:08-cv-00312-SAS(cd)
August 23, 2010 Opinion or Order Filing 93 STIPULATION AND ORDER DISMISSING ALL CLAIMS AGAINST DEFENDANT ROSEMORE INC. Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs in the above-captioned case and Defendant Rosemore Inc., hereby requests that the Court enter this voluntary dismissal without prejudice of all claims against Rosemore as set forth in Plaintiffs' Third Amended Complaint. Plaintiffs reserve all other rights as against all other defendants. (Signed by Judge Shira A. Scheindlin on 8/23/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(djc) Modified on 9/14/2010 (djc).
July 30, 2010 Opinion or Order Filing 92 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 91 ENDORSED LETTER addressed to Judge Shira A.Scheindlin from Michael Axline dated 7/27/10 re: Request by plaintiffs for an equivalent extension of time granted already to defendants, so that both parties will disclose their focus site selections on 8/6/10. ENDORSEMENT: So Ordered. (Signed by Judge Shira A. Scheindlin on 7/27/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
July 26, 2010 Opinion or Order Filing 90 ENDORSED LETTER addressed to Judge Shira A.Scheindlin from Stephen Riccardulli dated 7/21/10 re: Request for a short five day extension to the 8/1/10 deadline for the identification of their 12 proposed "focus sites" and for the initial selection of focus sites to 8/6/10. ENDORSEMENT: Defendants' time in which to make its initial selection of focus sites is extended to 8/6/10. No further extension of this date will be granted. So Ordered. (Signed by Judge Shira A. Scheindlin on 7/24/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
June 22, 2010 Opinion or Order Filing 89 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 14, 2010 Opinion or Order Filing 88 CASE MANAGEMENT ORDER NO. 73: The parties in the above referenced matter have agreed that the revised Rules 26(b)(4)(B)&(C), which go into effect in December, will apply to expert discovery in this case, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 6/11/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(cd)
June 7, 2010 Opinion or Order Filing 87 MEMO ENDORSEMENT: Request Denied on Stipulation and Order Extending Time For Rosemore, Inc to Answer or Otherwise Respond to Complaint. (Signed by Judge Shira A. Scheindlin on 6/7/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
June 1, 2010 Opinion or Order Filing 86 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 26, 2010 Opinion or Order Filing 85 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)
April 21, 2010 Opinion or Order Filing 84 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 13, 2010 Opinion or Order Filing 83 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)
March 24, 2010 Opinion or Order Filing 82 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 11, 2010 Opinion or Order Filing 81 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 4, 2010 Opinion or Order Filing 80 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC, TO ANSWER OR OTHERWISE RESPOND TO COMPLAIN, Rosemore Inc. answer due 6/1/2010. (Signed by Judge Shira A. Scheindlin on 3/2/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
January 14, 2010 Opinion or Order Filing 79 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 7, 2010 Opinion or Order Filing 78 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT, the time to answer or otherwise respond to the Complaint is hereby extended to and including 3/1/10 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 1/6/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
January 4, 2010 Opinion or Order Filing 77 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT, Rosemore Inc. answer due 3/1/2010; Rosemore, Inc. answer due 3/1/2010. (Signed by Judge Shira A. Scheindlin on 1/4/10) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
December 21, 2009 Filing 76 NOTICE OF APPEARANCE by Steven J. Shore on behalf of George E. Warren Corporation (Shore, Steven)
December 21, 2009 Filing 75 ANSWER to Complaint. Document filed by George E. Warren Corporation.(Matetsky, Ira)
December 21, 2009 Filing 74 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by George E. Warren Corporation.(Matetsky, Ira)
December 21, 2009 Filing 73 NOTICE OF APPEARANCE by Ira Brad Matetsky on behalf of George E. Warren Corporation (Matetsky, Ira)
November 4, 2009 Opinion or Order Filing 72 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 Opinion or Order Filing 71 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT, Rosemore Inc. answer due 12/31/2009; Rosemore, Inc. answer due 12/31/2009. (Signed by Judge Shira A. Scheindlin on 11/2/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
October 23, 2009 Opinion or Order Filing 70 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 1, 2009 Opinion or Order Filing 69 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)
September 25, 2009 Opinion or Order Filing 68 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 2, 2009 Opinion or Order Filing 67 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: The time to answer or otherwise respond to the Complaint is hereby extended to and including October 30, 2009 for Rosemore Inc. Rosemore Inc. answer due 10/30/2009; Rosemore, Inc. answer due 10/30/2009. (Signed by Judge Shira A. Scheindlin on 9/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(db)
September 1, 2009 Opinion or Order Filing 66 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: The time to answer or otherwise respond to the Complaint is hereby extended to and including October 30, 2009 for Rosemore Inc. Rosemore Inc. answer due 10/30/2009; Rosemore, Inc. answer due 10/30/2009. (Signed by Judge Shira A. Scheindlin on 9/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(db)
July 27, 2009 Filing 65 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 10, 2009 Opinion or Order Filing 64 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 7, 2009 Opinion or Order Filing 63 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT that the time to answer or otherwise respond to the Complaint is hereby extended to and including 8/31/09 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 7/6/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
July 1, 2009 Opinion or Order Filing 62 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND COMPLAINT: The time to answer or otherwise respond to the Complaint is hereby extended to and including 8/31/09 for Rosemore, Inc. (Signed by Judge Shira A. Scheindlin on 7/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(tro)
April 28, 2009 Filing 61 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 60 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 59 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 58 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: (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 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 Opinion or Order Filing 57 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 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 17, 2009 Opinion or Order Filing 56 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 17, 2009 Opinion or Order Filing 55 STIPULATION AND ORDER that the time to answer or otherwise respond to the Complaint is hereby extended to and including 6/30/09 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 4/16/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
April 2, 2009 Opinion or Order Filing 54 ORDER GRANTING ADMISSION OF DELIRIS ORTIZ-TORRES: It is hereby ordered that Deliris Ortiz-Torres, Esq, is admitted to practice before this Court pro hac vice on behalf of Total Petroleum Puerto Rico Corporation and Atlantic Trading Marketing, Inc. (formerly known as Total Oil, Inc.) in this civil action upon the deposit of the required $25 fee to the Clerk of the Court. (Signed by Judge Shira A. Scheindlin on 4/2/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF et al.(jpo)
April 1, 2009 Opinion or Order Filing 53 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT, the time to answer or otherwise respond to the Complaint is hereby extended to and including 6/30/09 for Rosemore Inc. Rosemore Inc. answer due 6/30/2009; Rosemore, Inc. answer due 6/30/2009. (Signed by Judge Shira A. Scheindlin on 4/1/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
March 20, 2009 Opinion or Order Filing 52 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 17, 2009 Opinion or Order Filing 51 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 16, 2009 Opinion or Order Filing 50 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 Opinion or Order Filing 49 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 10, 2009 Opinion or Order Filing 48 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 47 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 45 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 44 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 43 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 42 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 11, 2009 Filing 46 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, AND STIPULATION AS TO WESTERN REFINING, INC.; this Action as to Defendant Western is dismissed, without prejudice, pursuant to FRCP 41(a)(1)(A)(i); and The Plaintiffs and Western agree that the Plaintiffs shall be responsible for their own costs and attorneys' fees based upon this Notice of Voluntary Dismissal and Stipulation regardless of whether the Plaintiffs further amend the complaint, or file a new judicial or administrative action to assert claims being voluntarily dismissed herein. If any court requires Plaintiffs to pay any costs and/or attorneys' fees of this Action to Western based upon this Notice of Voluntary Dismissal and Stipulation, Western agrees to indemnify and hold harmless the Plaintiffs for such costs and/or attorneys' fees. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ae)
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 41 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 40 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 39 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)
January 8, 2009 Opinion or Order Filing 38 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by and between the undersigned counsel for Plaintiffs New Jersey Department of Environmental Protection, et al. and Defendant Rosemore Inc. as follows: The time to answer or otherwise respond to the Complaint is hereby extended to and including March 31, 2009 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 1/8/2009) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(jmi) Modified on 1/21/2009 (jmi).
January 5, 2009 Opinion or Order Filing 37 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE, INC TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT that the time to answer or otherwise respond to the Complaint is hereby extended to and including 3/31/09 for Rosemore Inc. Rosemore Inc. answer due 3/31/2009; Rosemore, Inc. answer due 3/31/2009. (Signed by Judge Shira A. Scheindlin on 1/5/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
December 29, 2008 Opinion or Order Filing 36 CASE MANAGEMENT PLAN No. 45: this Case Management Order defines the scope of initial electronic discovery in the New Jersey case. Additional discovery will be addressed in subsequent orders, and as further set forth in this document. The provisions of this Order allowing or requiring discovery shall not apply to any defendant that has filed, or timely does file, an objection to personal jurisdiction, while such objection is pending. (Signed by Judge Shira A. Scheindlin on 12/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
December 29, 2008 Opinion or Order Filing 35 CASE MANAGEMENT ORDER NO.: this Case Management Order defines the scope of initial electronic discovery in the New Jersey Case. Additional discovery will be addressed in subsequent orders, and as further set forth in this document. The provisions of this Order allowing or requiring discovery shall not apply to any defendant that has filed, or timely does file, an objection to personal jurisdiction, while such objection is pending. (Signed by Judge Shira A. Scheindlin on 12/26/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
December 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 34 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 33 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 32 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 31 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 19, 2008 Opinion or Order Filing 30 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 18, 2008 Opinion or Order Filing 29 STIPULATION AND ORDER EXTENDING TIME FOR GETTY PROPERTIES CORP. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: It is hereby stipulated and agreed that the time for defendant Getty Properties Corp to answer or otherwise respond to the Third Amended Complaint is extended to and including November 21, 2008. (Signed by Judge Shira A. Scheindlin on 11/18/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(jpo)
November 18, 2008 Opinion or Order Filing 28 STIPULATION AND ORDER EXTENDING TIME FOR GETTY PROPERTIES CORP. TO ANSWER THE COMPLAINT that the time for defendant Getty Properties to answer the Third amended Complaint is extended to 11/21/08. Answer due 11/21/2008. (Signed by Judge Shira A. Scheindlin on 11/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) Modified on 11/24/2008 (cd).
November 18, 2008 Opinion or Order Filing 27 STIPULATION AND ORDER, that the deadline for Plaintiffs to file any opposition in response to Western's Motion to Dismiss shall be extended to 1/23/09. Set Deadlines/Hearing as to (2090 in 1:00-cv-01898-SAS-DCF, 20 in 1:08-cv-00312-SAS) MOTION to Dismiss for Lack of Jurisdiction. ( Response due by 1/23/2009) (Signed by Judge Shira A. Scheindlin on 11/17/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd) (cd).
November 10, 2008 Opinion or Order Filing 26 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 25 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 24 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 6, 2008 Opinion or Order Filing 23 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED by and between the undersigned counsel for Plaintiffs New Jersey Department of Environmental Protection, et al. and Defendant Rosemore Inc. as follows: The time to answer or otherwise respond to the Complaint is hereby extended to and including December 31, 2008 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 11/6/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(js)
November 3, 2008 Filing 22 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)
November 3, 2008 Opinion or Order Filing 19 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: The time to answer or otherwise respond to the Complaint is hereby extended to and including December 31, 2008 for Rosemore Inc. Rosemore Inc. answer due 12/31/2008. (Signed by Judge Shira A. Scheindlin on 11/3/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(db)
October 30, 2008 Filing 21 MOTION to Dismiss the Complaint (Master Answer). Document filed by Giant Yorktown, Inc (Western Refining Yorktown).Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
October 30, 2008 Filing 20 MOTION to Dismiss for Lack of Jurisdiction, filed by Western Refining, Inc. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
October 30, 2008 Filing 18 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 17 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 16 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 (tro).
September 22, 2008 Opinion or Order Filing 15 ORDER ADMITTING ATTORNEYS John K. Dema, Scott E. Kauff, Gordon C. Rhea, Aaron R. Dias PRO HAC VICE for plaintiffs The Administrator of the New Jersey Spill compensation Fund, The Commissioner of the New Jersey Department of Environmental Protection, The New Jersey Department of Environmental Protection, The Commonwealth of Puerto Rico and the Commonwealth of Puerto Rico through the Environmental Quality Board. (Signed by Judge Shira A. Scheindlin on 9/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
September 22, 2008 Opinion or Order Filing 14 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Thomas P. Gressette, Barry A. Knopf andLeonard Z. Kaufmann for New Jersey Department of Environmental Protection and New Jersey American Water Company, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 9/22/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
September 22, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (2046 in 1:00-cv-01898-SAS-DCF, 14 in 1:08-cv-00312-SAS) Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
September 22, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: (15 in 1:08-cv-00312-SAS, 2048 in 1:00-cv-01898-SAS-DCF) Order Admitting Attorney Pro Hac Vice,,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
September 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 13 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 12 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 11 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 4, 2008 Opinion or Order Filing 10 OPINION AND ORDER that defendants motion for a more definite statement, pursuant to FRCP 12(e) is granted in part and denied in part. The Clerk of the Court is directed to close this motion. (Signed by Judge Shira A. Scheindlin on 8/4/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS Copies sent by chambers.(cd)
August 1, 2008 Opinion or Order Filing 9 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE INC TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT that the complaint is hereby extended to and including 10/31/08 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 8/1/08) (cd)
July 29, 2008 Opinion or Order Filing 8 STIPULATION AND ORDER, that the deadline for Chevron to file any responsive pleading shall be extended to 10/1/08. Chevrontexaco Corporation answer due 10/1/2008. (Signed by Judge Shira A. Scheindlin on 7/29/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
June 9, 2008 Opinion or Order Filing 7 STIPULATION AND ORDER that the deadline for Chevron to file any reponse to the complaint shall be extended to 8/8/08 (re 08-312). (Signed by Judge Shira A. Scheindlin on 6/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
June 5, 2008 Opinion or Order Filing 6 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE, INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: The time for Rosemore, Inc. to answer or otherwise respond to the Complaint is hereby extended to and including 8/1/08. (Signed by Judge Shira A. Scheindlin on 6/5/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(tro)
June 2, 2008 Opinion or Order Filing 5 STIPULATION AND ORDER Extending Time for Rosemore Inc to Answer Or Otherwise Respond to Complaint, the time to answer the complaint is hereby extended to and including 8/1/08 for Rosemore Inc. (Signed by Judge Shira A. Scheindlin on 6/1/08) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
May 19, 2008 CONSOLIDATED MDL CASE: Create association to 1:00-cv-01898-SAS-DCF.. (cd)
May 16, 2008 Filing 4 MEMORANDUM OF LAW in Opposition tp Defemdamts' Motion for a More Definite Statement pursuant to FRCP 12(e). Document filed by plaintiffs New Jersey Dep't of Environmental Protection et al. Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(cd)
April 7, 2008 Opinion or Order Filing 3 STIPULATION AND ORDER, that the deadline for ChevronTexaco Corporation to file any pleading or motion in response to the complaint shall be extended to 6/6/08. (Signed by Judge Shira A. Scheindlin on 4/7/08) (cd)
April 7, 2008 Opinion or Order Filing 2 STIPULATION AND ORDER EXTENDING TIME FOR ROSEMORE, INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT: The time to answer or otherwise respond to the Complaint is hereby extended to and including June 1, 2008 for Rosemore, Inc. (Signed by Judge Shira A. Scheindlin on 4/7/08) (tro)
January 14, 2008 Filing 1 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - District of New Jersey, Case Number: 3:07-cv-5284, M Number: M 21-88, to the United States District Court - Southern District of New York. (Signed by MDL Panel on 1/3/2008) (mbe)
January 14, 2008 Magistrate Judge Ronald L. Ellis is so designated. (mbe)

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Search for this case: New Jersey Department of Environmental Protection v. Amerada Hess Corp.
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Special master: Ronald J. Hedges
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Plaintiff: New Jersey Department of Environmental Protection
Represented By: Aaron R. Dias
Represented By: Barry A. Knopf
Represented By: David T. Ritter
Represented By: Gordon C. Rhea
Represented By: John K. Dema
Represented By: Leonard Z. Kaufmann
Represented By: Michael D. Axline
Represented By: Thomas P. Gressette
Represented By: Tyler E. Wren
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Plaintiff: The Commisisoner of the New Jersey Department of Environmental Protection
Represented By: Aaron R. Dias
Represented By: Barry A. Knopf
Represented By: Gordon C. Rhea
Represented By: John K. Dema
Represented By: Leonard Z. Kaufmann
Represented By: Thomas P. Gressette
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Plaintiff: The Administrator of the New Jersey Spill Compensation Fund
Represented By: Aaron R. Dias
Represented By: Barry A. Knopf
Represented By: Gordon C. Rhea
Represented By: John K. Dema
Represented By: Leonard Z. Kaufmann
Represented By: Thomas P. Gressette
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Plaintiff: Michael Axline
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Defendant: Amerada Hess Corp.
Represented By: Steven Lawerence Leifer
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Defendant: Rosemore Inc.
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Defendant: Getty Properties Corp.
Represented By: John Christie II McMeekin
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Defendant: Western Refining, Inc.
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Defendant: George E. Warren Corporation
Represented By: Ira Brad Matetsky
Represented By: Steven J. Shore
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Defendant: Sunoco, Inc.
Represented By: Daniel Mark Krainin
Represented By: Patrick R. Jacobi
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Defendant: Sunoco, Inc. (R&M),
Represented By: Daniel Mark Krainin
Represented By: Patrick R. Jacobi
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Defendant: Gulf Oil Limited Partnership
Represented By: Anthony A. Orlandi
Represented By: Brian J. Sullivan
Represented By: Yaniv Heled
Represented By: Eviana Linnea Frances Englert
Represented By: Mark E. Tully
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Defendant: Getty Petroleum Marketing Inc.
Represented By: Matthew Gerard Parisi
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Defendant: Marathon Oil Company
Represented By: Steven Lawerence Leifer
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Defendant: Marathon Petroleum Company LP
Represented By: Steven Lawerence Leifer
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Defendant: Lukoil Americas Corporation
Represented By: Matthew Gerard Parisi
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Defendant: Coastal Eagle Point Oil Company
Represented By: Peter John Sacripanti
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Defendant: El Paso Corporation
Represented By: Peter John Sacripanti
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Defendant: ExxonMobil Oil Corporation
Represented By: David Lender
Represented By: Lisa Ann Gerson
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Defendant: Hess Corporation
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Defendant: Duke Energy Merchants, LLC
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Defendant: Atlantic Richfield Company
Represented By: Jeffrey J. Freeman
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Defendant: BP America, Inc.
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Defendant: BP Amoco Chemical Company
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Defendant: BP Amoco Corporation
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Defendant: BP Products North America, Inc.
Represented By: Jeffrey J. Freeman
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Defendant: Chevron Corporation
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Defendant: Chevron USA, Inc.
Represented By: Jeremiah Jeremiah Anderson
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Defendant: Citgo Petroleum Corporation
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Defendant: ConocoPhillips Company
Represented By: Matthew D Thurlow
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Defendant: Crown Central Petroleum Corporation
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Defendant: Cumberland Farms, Inc.
Represented By: Brian J. Sullivan
Represented By: Chad W. Higgins
Represented By: Eviana Linnea Frances Englert
Represented By: Mark E. Tully
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Defendant: Equilon Enterprises, LLC
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Defendant: ExxonMobil Corporation
Represented By: David Lender
Represented By: Lisa Ann Gerson
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Defendant: Giant Yorktown, Inc.
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Defendant: Gulf Acquisition LLC
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Defendant: Kewanee Industries, Inc.
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Defendant: Lyondell Chemical Company
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Defendant: Lyondell-Citgo Refining, LP
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Defendant: Mobil Corporation
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Defendant: Motiva Enterprises, LLC
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Defendant: The Premcor Refining Group, Inc.
Represented By: Selena L Evans
Represented By: Willie J Epps
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Defendant: Shell Oil Company
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Defendant: Shell Oil Products Company LLC
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Defendant: Shell Trading (US) Company
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Defendant: Total Petrochemicals USA, Inc.
Represented By: Christopher H. Domingo
Represented By: Diane L. Myers
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Defendant: Ultramar Energy, Inc.
Represented By: James F. Bennett
Represented By: Selena L Evans
Represented By: Willie J Epps
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Defendant: Ultramar Limited
Represented By: James F. Bennett
Represented By: Selena L Evans
Represented By: Willie J Epps
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Defendant: Unocal Corporation
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Defendant: Valero Energy Corporation
Represented By: James F. Bennett
Represented By: Selena L Evans
Represented By: Willie J Epps
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Defendant: Valero Marketing and Supply Company
Represented By: James F. Bennett
Represented By: Selena L Evans
Represented By: Willie J Epps
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Defendant: Valero Refining Company-New Jersey
Represented By: James F. Bennett
Represented By: Selena L Evans
Represented By: Willie J Epps
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Defendant: Valero Refining & Marketing Company
Represented By: James F. Bennett
Represented By: Selena L Evans
Represented By: Willie J Epps
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Defendant: Vitol S.A.
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Defendant: "Does" 1-99
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Defendant: Lukoil North America LLC
Represented By: Joseph Lee Sorkin
Represented By: Katherine Menapace Katchen
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Defendant: Lukoil Pan Americas, LLC
Represented By: Joseph Lee Sorkin
Represented By: Katherine Menapace Katchen
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Defendant: PJSC LUKOIL
Represented By: Joseph Lee Sorkin
Represented By: Katherine Menapace Katchen
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3rd party defendant: Harbans Singh
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3rd party defendant: Gurmail Singh
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3rd party defendant: John and Jane Does Nos. 1-100
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Not classified by court: Experimental Pathology Laboratories, Inc.
Represented By: Joel Geoffrey MacMull
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Cross defendant: H.P. Delta, Inc.
Represented By: Stuart J. Lieberman
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Cross claimant: Robert Melecci
Represented By: James D. Bride
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Cross claimant: Dhandi Transport, Inc.
Represented By: Jeff Imeri
Represented By: Kevin M. Bright
Represented By: Lila T Wynne
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