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

Filing 3624

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Ledger in Support re: (157 in 1:04-cv-04973-SAS) MOTION for Summary Judgment for Lack of Evidence Pertaining to Causation.. Document filed by Coastal Chem, Inc. (Attachments: #1 Exhibit #01, #2 Exhibit #02, #3 Exhibit #03, #4 Exhibit #04, #5 Exhibit #05, #6 Exhibit #06, #7 Exhibit #07)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(Allen, Brent) Modified on 3/18/2013 (db).

51175523 
Mar 16 2013 
11:27AM 

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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

Master File C.A. No.
1:00-1898 (SAS)
MDL 1358

This Document Relates To:
City of Fresno v. Chevron USA., Inc., et aL,
Case No. 04-Cv-04973

DECLARATION OF BRIAN M. LEDGER IN SUPPORT OF DEFENDANTS' MOTION
FOR SUMMARY JUDGMENT FOR LACK OF EVIDENCE PERTAINING TO
CAUSATION
I, Brian M. Ledger, hereby declare:
I am a member of the bar of the State of California. I am a partner at the law firm of
Gordon & Rees LLP and counsel of record for Defendant Kern Oil & Refining Co.
("Kern").
2.

I make this declaration in support of Defendants' Motion for Summary Judgment for
Lack of Evidence Pertaining to Causation. As counsel for Defendant Kern, I have
actively participated in pre-trial matters, including discovery, motion practice, and
several discussions with counsel for Plaintiff City of Fresno regarding its claims and
evidence in support of those claims.

3.

Attached hereto as Exhibit 1 are true and correct copies of correspondence whereby
Fresno asserts its allegations against Kern, including its declaration of intent to rely solely
upon the "commingled product theory" to prove liability against Kern.
a.

Letter from Michael Axline and Evan Eickmeyer to Brian Ledger (Mar. 6, 2013);

b.

E-mail from Evan Eickmeyer to Brian Ledger (Dec. 11, 2012) (This email
included the following referenced attachments, which are attached to my
declaration as separate exhibits below: Valero Defendants' Answers and

Objections to Plaintiffs' Preliminary Set of Interrogatories Re: Defendant
Identification, Further Response of Chevron U.S.A. Inc. to Plaintiffs Preliminary
Set of Interrogatories Re: Defendant Identification, and the Shell Defendants'
Responses to Plaintiffs First Set of Interrogatories).
4.

Attached hereto as Exhibit 2 are "Plaintiffs First Set of Interrogatories to Defendant RE
Product Identification", propounded upon responding party Valero Refining CompanyCalifornia on August 4, 2004.

5.

Attached hereto as Exhibit 3 are "Valero Defendants' Answers and Objections to
Plaintiffs' Preliminary Set of Interrogatories Re: Defendant Identification", served on
August 30, 2004, which is a true and correct copy of the attachment I received to Exhibit
1 to this Declaration, E-mail from Evan Eickmeyer to Brian Ledger (Dec. 11, 2012).

6.

Attached hereto as Exhibit 4 are "Plaintiffs First Set of Interrogatories to Defendant RE
Product Identification", propounded upon responding party Shell Oil Company on
August 4, 2004.

7.

Attached hereto as Exhibit 5 are "The Shell Defendants' Responses to Plaintiffs First Set
of Interrogatories", served on August 30, 2004, which is a true and correct copy of the
attachment I received to Exhibit 1 to this Declaration, E-mail from Evan Eickmeyer to
Brian Ledger (Dec. 11, 2012).

8.

Attached hereto as Exhibit 6 are "Plaintiffs First Set of Interrogatories to Defendant RE
Product Identification", propounded upon responding party Chevron U.S.A., Inc. on
August 4, 2004.

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9.

Attached hereto as Exhibit 7 are " Further Response of Chevron U.S.A. Inc. to Plaintiffs
Preliminary Set of Interrogatories Re: Defendant Identification", served on August 30,
2004, which is a true and correct copy of the attachment I received to Exhibit 1 to this
Declaration, E-mail from Evan Eickmeyer to Brian Ledger (Dec. 11, 2012).

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration was executed this 15th day of March, 2013
in San Diego, California.

Brian.M. Ledger

AIG/1065055/15043340v. I

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