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

Filing 3651

DECLARATION of Jeremiah J. Anderson in Support re: (3607 in 1:00-cv-01898-SAS-DCF, 146 in 1:04-cv-04973-SAS) MOTION for Summary Judgment.. Document filed by Chevron USA Inc., Union Oil Co of California, Union Oil Company of California. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(Anderson, Jeremiah)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN RE METHYL TERTIARY BUTYL ETHER
PRODUCTS LIABILITY LITIGATION

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

This Document Relates To:

The Honorable Shira A. Scheindlin

City of Fresno v. Chevron U.S.A. Inc., et al.
Case No. 04 Civ. 04973 (SAS)

SUPPLEMENTAL DECLARATION OF JEREMIAH J. ANDERSON IN SUPPORT OF
DEFENDANTS' MOTION FOR SUMMARY JUDGMENT BASED ON THE STATUTE
OF LIMITATIONS OR, ALTERNATIVELY, FOR LACK OF INJURY

Declaration of Jeremiah J. Anderson

I, Jeremiah J. Anderson, hereby declare:
1.

I am a member of the bar of the State of Texas and a partner in the law firm of

King & Spalding, LLP, counsel of record for Defendants Chevron U.S.A. Inc. and Union Oil
Company of California in this litigation. I make this Supplemental Declaration in support of
Defendants' Motion for Summary Judgment Based on the Statute of Limitations or,
Alternatively, for Lack oflnjury. During the course of this litigation, I have actively participated
in pretrial matters, including discovery, document review, and motion practice. This
Supplemental Declaration is based on my personal knowledge and, if called as a witness, I could
testify competently thereto.
2.

Attached hereto as Exhibit A are true and correct copies of excerpts from : (1) a

document produced by the City in this litigation; (2) a public record available on the City of
Fresno's website; (3) a deposition transcript from this litigation; and (4) California historical
statutes, including:
a. Fresno/Clovis Metropolitan Water Resources Management Plan, Phase I Report,
Existing Water Supply System Assessment (January 1992) (FRESNO-MTBE13508,13518,13524-13526);
b. 2010 Urban Water Management Plan, Chapter 4.1.2.2 (Prepared for City of
Fresno November 2012),
http://www .fresno.gov/GovernmentiDepartmentDirectorylPublic Utili ties/Waterm
anagementlimportantdocuments.htm (last visited March 20, 2013);
c. True and correct copies of pages 367-68 of the reporter's official transcript of the
deposition of Brock Buche, the City of Fresno's Federal Rule of Civil Procedure
30(b)( 6) witness, which was taken in this matter on April 1, 2011; and

1

d. CalifomiaHistorical Statutes, Water Code §§ 10610.4, 10631.
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Houston, Texas on this 22nd day of March, 2013.

2

Certificate of Service
I hereby certify that on March 22, 2013 a true, correct, and exact copy of the foregoing
document was served on all counsel via LexisNexis File & Serve.

3