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

Filing 2281

STIPULATION AND ORDER DISMISSING PLANT ONE CLAIMS AGAINST CERTAIN DEFENDANTS. IT IS EXPRESSLY STIPULATED AND AGREED that nothing in this Stipulation or in any agreement between the stipulating parties shall affect in any fashion the parties' rights or positions in an ongoing appeal pending under docket numbers 2008-3108 and 2008-1629 in the Supreme Court of the State of New York, Appellate Division: Second Department of a Trial Verdict and subsequent Judgment entered thereupon of the Supreme Court of the State of New York, County of Nassau, between any of the stipulating parties. In support of this stipulation and the order sought thereby, the undersigned counsel for Plaintiff and for the Stipulating Defendants expressly state as follows: That based on the Supreme Court of the State of New York, County of Nassau's March 11, 2004 Short Form Order dismissing all of Plaintiff's claims against Chevron U.S.A., Inc. (incorrectly named as Chevron Texaco Corporation) under CPLR 3211 for failure to state a claim, Plaintiff voluntarily dismisses all Plant One Claims against Defendant Chevron in the above-captioned matter; That Plaintiff voluntarily dismisses its Plant One Claims only against Defendants ExxonMobil, GOLP, and Shell in the above-captioned matter because these claims were adjudicated by the Supreme Court of the State of New York, County of Nassau's Trial Order and subsequently-entered Judgment in Plainview Water District. v. Exxon Mobil Corp., et al., 856 N.Y.S.2d 502, 2008 WL 220192, No. 9975/01 (N.Y. Sup. Ct. Jan. 9, 2008); and That Plaintiff reserves all remaining claims (i.e., claims not related to its Plant One wells) alleged in its complaint against these Stipulating Defendants, and Stipulating Defendants reserve all defenses asserted in their Master Answers relating thereto. Relates to 00-1898, 08-9667, M21-88. (Signed by Judge Shira A. Scheindlin on 3/5/09) (rjm)

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