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

Filing 2552

Exhibit List Phase II Trial Exhibit List. Document filed by The City of New York. (Attachments: #1 Exhibit Trial Exhibit List for Phase II, #2 Appendix A, #3 Appendix B, #4 Appendix C)Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Stein, Joshua)

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

Doc. 2552

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------- x In Re: Methyl Tertiary Butyl Ether ( MTBE ) Products Liability Litigation -------------------------------------------------------------------- x This document relates to the following case: City of New York v. Amerada Hess Corp., et al. Case No. 04 Civ. 3417 -------------------------------------------------------------------- x Master File No. 1:00-1898 MDL 1358 (SAS) M21-88 ECF Case

PLAINTIFF CITY OF NEW YORK S PHASE II TRIAL EXHIBIT LIST (EXHIBIT 3 OF THE PROPOSED PRETRIAL ORDER) Plaintiff the City of New York ( the City ), by and through its attorneys, SHER LEFF LLP, hereby makes the following pretrial disclosure of trial exhibits for Phase Two. With this filing the City does not waive any right it may otherwise have to supplement or amend its exhibits. The City lists 2136 exhibits for its case-in-chief for the trial of Phase Two. The exhibit list also includes 3 appendices, which contain voluminous documents the City hopes to largely avoid introducing at trial through stipulation with ExxonMobil. Appendix A contains documents related to the site remediation files for the contamination sites in the RGA, such as records of water sampling and spill reports at the sites. Appendix B contains documents related to volumes of water pumped from the City s wells, such as daily pumping logs. Appendix C contains water quality data, such as lab reports of contaminant levels in water samples. Should stipulations be

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reached as to the admissibility of the information contained in the Appendices, the City would expect to introduce a small number of summary exhibits as well as a small subset of the original documents listed in the Appendices and will update its exhibit list appropriately at that time. Dated: San Francisco, California June 15, 2009 MICHAEL A. CARDOZO Corporation Counsel of the City of New York Attorney for Plaintiff City of New York 100 Church Street New York, New York 10007 [phone] /s/ JOSHUA STEIN VICTOR M. SHER (pro hac vice) JOSHUA G. STEIN (pro hac vice) NICHOLAS G. CAMPINS (pro hac vice) LESLEY E. WILLIAMS (LW8392) SHER LEFF LLP 450 Mission Street, Suite 400 San Francisco, CA 94105 [phone] Attorneys for Plaintiff City of New York

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