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).

EXHIBIT 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
x

In re: Methyl Tertiary Butyl Ether ("MTBE")
Products Liability Litigation
MDL No. 1358
PLAINTIFF'S FIRST SET OF
INTERROGATORIES TO
DEFENDANT
RE PRODUCT IDENTIFICATION

This Document Relates To:
City of Fresno, et al.,
Plaintiffs,
v.
Chevron U.S.A. Inc.
Defendants
x
POUNDING PARTY:

PLAINTIFF CITY OF FRESNO

RESPONDING PARTY:

SHELL OIL COMPANY

SET:

ONE

Pursuant to Rule 33 of the Federal Rules of Civil Procedure and in accordance with the
directive of the Court at the May 11, 2004 status conference, Plaintiffs hereby submits the following
First Set of Interrogatories, to be answered separately, in writing, and under oath, by each responding
defendant listed on Exhibit A (attached hereto) on or before July 9, 2004. As directed by the Court
at the May 11, 2004 status conference, each responding defendant's answers to these Interrogatories
should include a description of the specific steps undertaken by the defendant to obtain the
information contained in such answers. This First Set of Interrogatories is served without prejudice
to Plaintiff's right to seek additional discovery.

DEFINITIONS
A.

All definitions contained in Local Rule 26.3 of the United States District Court for the

Southern District of New York are incorporated herein by reference.
B.

MTBE means methyl tertiary butyl ether.

C.

MTBE Product means any petroleum product containing MTBE. With respect to

gasoline containing MTBE, MTBE Product includes any and all of the following: conventional
gasoline containing MTBE, winter oxygenate fuel containing MTBE, and/or reformulated gasoline
containing MTBE; provided, however, that if any responding defendant claims that it is unable to
determine whether any conventional gasoline contained MTBE for purposes of answering these
Interrogatories, MTBE Product shall include any and all conventional gasoline.
D.

Refinery means a facility used to process crude oil, unfinished oils, natural gas liquids,

or other hydrocarbons into any petroleum product.
E.

Terminal means a petroleum product storage and distribution facility that is supplied

by pipeline, vessel or other means, and from which such petroleum products may be removed at a
rack and/or distributed by pipeline, and includes bulk storage and distribution facilities located at
Refineries.
F.

Terminalling Partner means an entity that leased petroleum product storage or

otherwise had the right to store petroleum products in the product storage tanks at a Terminal not
owned, operated, or controlled by that entity.
G.

You means the responding defendant, its subsidiaries and affiliates.

H.

Your means of or pertaining to the responding defendant, its subsidiaries and

affiliates.
2

INTERROGATORIES
1.

Please identify the name and address of each entity (including You, if applicable) that

supplied You with MTBE Products for ultimate delivery into Kern County at any time since the date
of first MTBE use in Kern County, the dates or date ranges when each such entity supplied You with
MTBE Products, and the name and address of each Refinery from which such MTBE Products were
supplied.
2.

Please identify the name and address of each entity from which You obtained neat

MTBE for use at any Refinery owned or operated by You that supplied gasoline for ultimate delivery
into Kern County, the dates or date ranges when MTBE was acquired from each such supplier, and
the name and address of Your Refinery(ies).
3.

Please identify each Terminal You use or used to supply gasoline for ultimate delivery

into Kern County at any time since the date of first MTBE use in Kern County and the dates or date
ranges when You have used such Terminal. For each Terminal You use or used, please also state
whether You owned or operated such Terminal or were a Terminalling Partner at such Terminal.
Dated:

Sacramento, California
August 4, 2004

MILLER, AXLINE & SAWYER

By:
DUANE C. MILLER, SBN 57812
MILLER, AXLINE & SAWYER
Attorneys for Plaintiffs
1050 Fulton Avenue, Suite 100
Sacramento, CA 95825
Phone: [phone]

3

PROOF OF SERVICE VIA E-MAIL AND US MAIL
2
3

I, Christina Hise, hereby declare under penalty of perjury of the law that a true copy of the
ollowing:

4

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT RE

5

PRODUCTION IDENTIFICATION

6

[SHELL OIL COMPANY]

7

as served via e-mail, pursuant to Judge Shira A. Schiendlin's Case Management Order dated

8

pril 1, 2004 [Section IV], upon:

9

eter Sacripanti, Esq.
cDermott Will & Emery LLP
[e-mail]

10
11

tan Alpert, Esq.
.al •ertaweitzlux com

Defense Liaison Counsel.

Plaintiffs' Liaison Counsel.

12

n the 4 E" day of August, 2004, and on the following persons or parties by placing a true copy
13 hereof in a sealed envelope, showing the addresses set forth below, for collection and deposit in
he United States Postal Service on that date following ordinary business practices:
14
See Attached List
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16

I declare under penalty of perjury under the laws of the State of California and the United
ates of America that the foregoing is true and correct.

17
Executed on August 4, 2004, at Sacramento, California.
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25
26
27
28

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5
6
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ohn J. Wasilczyk, Esq.
ll ison N. Shue, Esq.
avid L. Schrader
ichael T. Zarro, Esq.
organ Lewis & Bockius
00 South Grand Avenue, 22' Floor
os Angeles, CA 90071-3132

Counsel for Chevron USA, Inc.; Texaco,
Inc.; ChevronTexaco Corporation; Chevron
Environmental Services Company

ojoon Hwang, Esq.
arin S. Schwartz, Esq.
unger, Tolles & Olson
3 New Montgomery Street, 19t h Floor
an Francisco, CA 94105-9781

Counsel for Shell Oil Company; Texaco
Refining & Marketing, Inc.; Equilon
Enterprises LLC

illiam D. Temko, Esq.
uger, Tolles & Olson
55 Grand Avenue, 35 th Floor
os Angeles, CA 90071-1560

Counsel for Shell Oil Company, Equilon
Enterprises LC, Equiva Services LLC, and
Texaco Refining & Marketing, Inc.

olleen P. Doyle, Esq.
Tana Pfeffer Martin, Esq.
atherine M. Stites, Esq.
ingham McCutchen LLP
55 South Grand Avenue, Suite 4400
os Angeles, CA 90071-1560

Counsel for Exxon Corporation; Exxon
Mobil Corporation

on D. Anderson, Esq.
ichele Johnson, Esq.
atham & Watkins
50 Town Center Drive, Suite 2000
osta Mesa, CA 92626

Counsel for Tosco Corporation;
ConocoPhillips Corporation

rendan M. Dixon
nocal Corporation
76 S. Valencia Avenue
rea, CA 90245

Counsel for Unocal Corporation; Unocal Oil
Company of California

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20

rian M. Ledger
udy R. Perrino
21
ordon & Rees LLP
101 West Broadway, Suite 1600
22 an Diego, CA 92101-3541

Counsel for Kern Oil & Refining Company

23

Counsel for Valero Refining CompanyCalifornia; Ultramar, Inc.

24
25

. Clifford Gunter, III, Esq.
racie J. Renfroe, Esq.
RACEWELL & PATTERSON, LLP
11 Louisiana Street, Suite 2900
ouston, TX 77002

26 I arc M. Seltzer, Esq.
avid C. Marcus, Esq.
27 usman Godfrey LLP
1901 Avenue of the Stars, Ste. 950
28 I os Angeles, CA 90067

Counsel Arco Chemical Company; Lyondell
Chemical Company

• lan J. Hoffman, Esq.

•

It lank Rome Comisky & Mccaulley, LLP
2

Counsel for Arco Chemical Company;
Lyondell Chemical Company

ne Logan Square
18 th and Cherry Street
3 hiladephia, PA 19103-6998
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5
6

atthew T. Heartney, Esq.

I awrence Allen Cox, Esq.

Counsel for Atlantic Richfield Company

tephanie Michele Bonnett
mold & Porter
77 South Figueroa Street, 44 th Floor
os Angeles, CA 90017-5844

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pencer T. Malysiak, Esq.
pencer T. Malysiak Law Corporation
1180 Iron Point Road, Ste. 145B
9 olsom, CA 95630
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obert P. Doty, Esq.
ox, Castle & Nicholson LLP
55 Montgomery Street, Fifteenth Floor
an Francisco, CA 94111-2585

Counsel for Duke Energy Merchants LLC;
Duke Energy Trading and Marketing LLC;
Duke Energy Merchants California, Inc.;
Northridge Petroleum Marketing U.S., Inc.

licia Vaz
ox, Castle & Nicholson LLP
049 Century Park East
os Angeles, CA 90067

Counsel for Duke Energy Merchants LLC;
Duke Energy Trading and Marketing LLC;
Duke Energy Merchants California, Inc.;
Northridge Petroleum Marketing U.S., Inc.

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effrey L. Fillerup, Esq.
uce, Forward, Hamilton & Scripps, LLP
16 121 Spear Street, Suite 200
an Francisco, CA 94105-1582
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eter M. Hart
18
right, Robinson, Osthimer & Tatum
4 Montgomery Street, 18 th Floor
19 an Francisco, CA 94104-4705
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27
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Counsel for New West Petroleum; New
West Petroleum LLC

quiva Services LLC
/o Vivian Imperial
.T. Corporation
18 W. Seventh Street
os Angeles, CA 90017
estport Petroleum, Inc
/o Vivian Imperial
.T. Corporation
18 W. Seventh Street
os Angeles, CA 90017.

Counsel for Pacific Southwest Trading

Counsel for Nella Oil Company LLC