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

Filing 3630

DECLARATION of Wedeking 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 #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)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(Allen, Brent)

Exhibit 1

46490229 

Sep 17 2012 
10:51PM 

46843053 

Oct 05 2012 
08:01PM 

Whitney Jones Roy, Esq.
October 5, 2012
Page2

MR. PARKER:

Your Honor, that's fine for now.

(R.T., at p. 33:18-20.)
The Station Matrix is based on information that is also in the possession of each
defendant. The letter from Arco's counsel brought to light that as to Beacon #537, 798 West
Gettysburg, Clovis, Valero was inadvertently omitted from the Station Matrix and is being added
due to its ownership of the Beacon brand.
Accordingly, the City's Revised Station Matrix (Revised 10/5/12) is being served
herewith.
Very truly yours,

~~
Evan Eickmeyer
Enclosure
cc: All Counsel (via LNFS)

46843053 

Oct 05 2012 
08:01PM 

Beacon-Arco #615, 1625 Chestnut
Avenue

Arco, Duke, Kern Oil, Valero

Exxon Service Station, 4594 East Tulare
Street

Arco, Coastal, Duke, Exxon, Kern Oil,
Lyondell, Valero

7-Eleven #13917, 3645 Olive Avenue

Citgo

II. The City's expert did not identify further work for the following stations:
Station Name and Address
Tosco Circle K #8374, 247 E. Olive Avenue
Former Unocal, 794 W. Shaw, Clovis
Arco #610, 4192 North Fresno Street
Gas 4 Less, 3076 East Gettysburg
Classic Car Wash, 5785 N. First
Beacon Fifth Wheel Truck Stop, 3767 South
Golden State
Cor-0-Lite Block, Inc., 4569 East Florence
Avenue
J&C Food & Gas, 2394 South Elm Avenue

III. The City's expert lacked sufficient data to formulate an opinion as to the following stations:
Station Name and Address
Family Express Food & Liquor, 4205 E.
Butler Avenue
G&K Mini Mart, 4090 South Chestnut
Whirlwind Car Wash, 225 North H Street
Unocal, 101 N. Roosevelt
Dave's Exxon, 1703 W. Olive
Shell, 1014 E. Bullard
2

Texaco, 5756 N. 1st Street
Quality Food n Gas, 4602 E. Church
7-Eleven #16970, 2397 S. Chestnut
Silvas Currie Bros., 3217 E. Lorena
Herndon 76,7010 N. West Avenue

3

49963024 
Mar 07 2013 
01:46AM 

James R. Wedeking, Esq.
March 6, 2013
Page2

We believe the above evidence, while not an exhaustive recitation of what the City would
rely on to opposed summary judgment, is more than adequate to defeat a motion for summary
adjudication at these stations, and trust that you will not put the Court or the City through the
exercise of a summary judgment motion with respect to these stations.
As you know, the City has considered your arguments with respect to other stations and
agreed to dismiss claims against Duke at a number of those stations. The City will oppose any
motion, however, with respect to the two stations identified in this letter.

Counsel for City of Fresno
cc: All Counsel (via LNFS)