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 2

46843053 

Oct 05 2012 
08:01PM 

Nargues Motamed, Esq.
·
October 5, 2012
Page2

gasoline was supplied by Total Energy.
·The City's Revised Station Matrix (Revised 10/5/12) is being served today via LNFS.
Very truly yours,

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

49415468 
Feb 08 2013 
08:58PM 

James R. Wedeking, Esq.
February 8, 2013
Page2

Valley Gas, 2139 South Elm Street
When the station was branded Valley Gas, it was supplied gasoline by Total Energy and
Sabek Oil. (lmtiaz Ahmad depo., p. 25:3-6.) The station operator also had a second station, and
testified that when the stations became Valley Gas, "a majority of the gasoline came from Total
at that time." (lmtiaz Ahmad depo., p. 22:13-20.)
Southern Counties Oil did business as Total Energy. Duke admitted selling gasoline to
Southern Counties Oil from the Fresno Kinder Morgan Terminal in 2000-2003. (Duke's
gasoline customer disclosure, Jan. 28, 2011.) Duke's discovery responses show approximately
225 gasoline sales to Southern Counties Oil Corporation from August 12, 1996, to November 30,
2003. (Duke Defendants' Responses and Objections to Interrogatory Numbers 5, 8, 9 and 11 of
Plaintiff City of Fresno's First Set oflnterrogatories to Defendants, Dec. 2, 2008, at Exh. A.)
Please let us know if you wish to meet-and-confer regarding these matters.
Very truly yours,

~~
Michael Axline
Evan Eickmeyer
cc: All Counsel (via LNFS)

49415468 
Feb 08 2013 
08:58PM 

Jeffrey J. Parker, Esq.
February 8, 2013
Page2

Here, plaintiffs interrogatory responses have repeatedly set forth a detailed summary of
such evidence: that the industry was well aware ofthe environmental risks posed by MTBE, that
the industry sought to conceal those risks from the public and regulators, and that the industry
continued to utilize MTBE without providing adequate warnings concerning MTBE's
environmental and health risks. (See, e.g., Plaintiff City of Fresno's Supplemental Responses to
Chevron Defendants' Second Set oflnterrogatories to Plaintiff, at Response to Interrogatory No.
19.) This evidence is further justification for plaintiff declining to dismiss its nuisance claims
against manufacturer defendants, as detailed in the following list.

Site-Specific Alle~:ations
In response to the Table of Defendants and Subject Sites in Attachment 1 to your letter
dated December 12, 2012, plaintiff responds as follows: 1
1. M & S Texaco. 2619 S. East Avenue
Plaintiff is willing to dismiss its nuisance claim against: Kern Oil, Lyondell.
Plaintiff declines to dismiss its nuisance claim against: Shell.
The site became a Shell-branded station in 1998 and remained Shell-branded until at least
2009. (Shell Defendants' Responses to City of Fresno's First Set oflnterrogatories to
Defendants, Exh. B, at p. 8; Jatinder Dhillon Depo., pp. 29:20-23, 39:5-10, 39:19-21.) Company
representatives gave the station operator instructions, including a manual, for cleaning up
gasoline releases. (Jatinder Dhillon Depo., pp. 27:4-11.) While the station was branded Shell,
company representatives from Shell would visit the station. (Jatinder Dhillon Depo., pp. 149:415.)
2. Tosco #30587. 1610 N. Palm
Plaintiff is willing to dismiss its nuisance claim against: Coastal, Kern Oil, Lyondell.
Plaintiff declines to dismiss its nuisance claim against: Chevron.
Union Oil branded gasoline was supplied to this site from approximately 1974 until at
least 1998-1999. (Gary Beacom depo., pp. 13-15, 47, 157-158.) Union Oil owned the USTs at
this site from at least 1974 until at least 1998-1999. (Gary Beacom depo., pp. 84-85.) Union Oil
is a wholly owned subsidiary of Chevron.
3. 7-Eleven #19198. 1596 N. Palm Avenue
Plaintiff is willing to dismiss its nuisance claim against: Citgo.

Four of the potential moving defendants from the Table- Arco, CEMC, Chevron Corp.,
and Unocal - are omitted here due to their dismissal from the action.
1

Jeffrey J. Parker, Esq.
February 8, 2013
Page3

4. Valley Gas. 2139 South Elm Street
Plaintiff is willing to dismiss its nuisance claim against: Kern Oil, Tesoro.
5. Chevron #9-4374, 1160 Fresno Street
Plaintiff is willing to dismiss its nuisance claim against: Union Oil, Coastal, Kern Oil, Lyondell.
6. Shell (1212). 1212 Fresno Street
Plaintiff is willing to dismiss its nuisance claim against: Kern Oil, Lyondell.
7. Unocal #6353. 1418 E. Shaw .
Plaintiff is willing to dismiss its nuisance claim against: Coastal, Kern Oil, Lyondell.
Plaintiff declines to dismiss its nuisance claim against: Chevron.
The site was branded Union Oil from before the early 1990's until at least 1997. (Gary
Beacom depo., pp. 13-15, 47, 157-158.) Union Oil owned the USTs at the site from at least the
early 1990's until at least 1997. (Gary Beacom depo., pp. 32-33.) Union Oil branded gasoline
was supplied to this site from at least the early 1990's until at least 1997. (Gary Beacom depo.,
pp. 13-15.) Union Oil is a wholly owned subsidiary of Chevron.
8. U&A Gas & Food Mart. 2929 N. Blackstone
Plaintiff is willing to dismiss its nuisance claim against: Tesoro.
9. Ratcliff Gas. 2145 Blackstone Avenue
Arco has been dismissed from the case.
10. Beacon #537. 798 West Gettysburg. Clovis
Arco has been dismissed from the case.
11. Gilbert's Exxon. 4142 East Church
Plaintiff is willing to dismiss its nuisance claim against: Coastal, Lyondell.
Plaintiff declines to dismiss its nuisance claim against: Exxon.
The station was branded Exxon from at least 1978 until it.closed in 1991. (Gilbert
Romero depo., pp. 18:8-10, 23:17-20, 34:16-35:19, 137:12-15, 137:17-138:13, 138:17-139:2.)
The station sold Exxon gasoline while it was branded Exxon. (Gilbert Romero depo., p. 99: 1018.)
12. Van Ness Auto. 2740 North VanNess
Plaintiff is willing to dismiss its nuisance claim against: Union Oil, Coastal, Kern Oil, Lyondell.
Plaintiff declines to dismiss its nuisance claim against: Chevron.

Jeffrey J. Parker, Esq.
February 8, 2013
Page4

Chevron supplied gasoline to this site from prior to the relevant time period until at least
August 1986. Subsequently, R.V. Jensen delivered gasoline refined by Chevron from 1986 until
at least 2006. (James Clements depo., pp. 25-27; Garabed Bedirian depo., pp. 37:11-19, 38:1739:10; Chevron U.S.A. Inc.'s Supply Declaration of Frank G. Soler and exhibits thereto.) Upon
the station operator's request, Chevron installed more Chevron signs at the station. (Garabed
Bedirian depo., p. 41:3-8.) Chevron inspected the station. (Garabed Bedirian depo., p. 41:9-10,
41: 13-17.) Chevron gave the station operator instructions on cleaning up gasoline releases,
including a phone number to call in case of a gasoline spill. (Garabed Bedirian depo., pp. 65:1112, 65:14-17, 66:2-7.) As early as 1985, Chevron's Dealer Supply Contract required the station
to "comply with Company's programs and procedures for handling unleaded gasolines in their
present or future form," and mandated that "Company's representatives shall have the right at
any time to enter upon the premises where unleaded gasolines purchased hereunder are stored by
or for Dealer and to take such quantities of unleaded gasolines as they deem necessary to check
the quality of such products." (James Clements depo., pp. 45:6-21,46:10-47:10,47:13-16,48:810, and Exh. 7 thereto.)
13. Smith Tank Lines (Former Carey Oil). 30 E. Divisadero Street
Plaintiff is willing to dismiss its nuisance claim against: Kern Oil, Valero.
14. Red Triangle. 2809 South Chestnut Avenue
Plaintiff is willing to dismiss its nuisance claim against: Coastal, Kern Oil, Lyondell, Nella.
Plaintiff declines to dismiss its nuisance claim against: Exxon, Tesoro, Valero.

an

Exxon dealer and bought gasoline from Exxon. (Gail Blue depo.,
Red Triangle was
pp. 16:18-17:14, 17:16-22, 18:23-19:2; Glen Blue depo., pp. 22:4-6, 22:8-12, 22:14-20.)
Red Triangle bought gasoline from Tesoro. (Gail Blue depo., pp. 17:12-14, 17:16-17,
18:1-3.)
Valero supplied gasoline containing MTBE to Red Triangle from 1997 through 2002.
(The Valero Defendants' Objections and Responses to Plaintiff City of Fresno's First Set of
Interrogatories to Defendants, first page of Exhibit A [Red Triangle is listed alphabetically as
"DBA RED TRIANGLE OIL CO."].) After James Shehadey's purchase of Red Triangle in
2002, Valero remained as one of the main suppliers of gasoline to Red Triangle in 2002-2003.
(Joel Hohenshelt Depo., at pp. 32, 34, 83; James Shehadey Depo., at pp. 133-134 ["It was
actually Valero refined .... "]).
15. Chevron #9-9093. 3996 N. Parkway Drive
Plaintiff is willing to dismiss its nuisance claim against: Union Oil, Coastal, Kern Oil, Lyondell.

Jeffrey J. Parker, Esq.
February 8, 2013
Page 5

16. Tosco #39118. 1605 N. Cedar
Plaintiff is willing to dismiss its nuisance claim against: Coastal, Kern Oil, Lyondell.
Plaintiff declines to dismiss its nuisance claim against: Chevron.
Union Oil supplied gasoline to this site from prior to the relevant time period until at least
November 1996. (Union Oil Company of California's Supply Declaration of Frank G. Soler and
exhibits thereto.) Union Oil supplied gasoline to this site from prior to the relevant time period
until at least November 1996. (Union Oil Company of California's Supply Declaration ofFrank
G. Soler and exhibits thereto.) Union Oil owned the USTs and the real estate at the site from
prior to the relevant time period until at least April 1997. (Defendant Union Oil Company of
California's Declaration in Response to CMO #75 of Grace N. Chan.) Union Oil is a wholly
owned subsidiary of Chevron.
17. Beacon#3519. 4591 E. Belmont Avenue
Plaintiff is willing to dismiss its nuisance claim against: Kern Oil.
18. Beacon-Arco #615. 1625 Chestnut Avenue
Plaintiff is willing to dismiss its nuisance claim against: Kern Oil.
19. Exxon Service Station. 4594 East Tulare Street
Plaintiff is willing to dismiss its nuisance claim against: Coastal, Kern Oil, Lyondell.
Plaintiff declines to dismiss its nuisance claim against: Exxon.
The station sold Exxon-branded gasoline from 2002 or 2003 unti12006. (Narinder Singh
depo., pp. 22:7-12, 25:18-24, 28:21-25, 29:17-21.)
20. 7-Eleven #13917. 3645 Olive Avenue
Plaintiff is willing to dismiss its nuisance claim against: Citgo.
Please let us know if you wish to meet-and-confer regarding these matters .
. Very truly yours,

~~

Michael Axline
Evan Eickmeyer
cc: All Counsel (via LNFS)