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

Filing 3795

DECLARATION of Brent H. Allen in Support re: (235 in 1:04-cv-04973-SAS) MOTION for Settlement Defendant Coastal Chem, Inc.'s Notice of Motion and Motion for Good Faith Settlement.. 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, #8 Exhibit 08, #9 Exhibit 09, #10 Exhibit 10)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(Allen, Brent)

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Exhibit 3 Case 1:00-cv-01898-SAS-DCF Document 3594 Filed 01/02/13 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation This document relates to: ORDER Master File No. 1:00-1898 MDL 1358 (SAS) M21-88 City ofFresno v. Chevron US.A. Inc., et al CASE MANAGEMENT ORDER # 108 (Trial Sites and Dismissed Sites) On October 22,2003, Plaintiff City of Fresno filed its Complaint against Defendants Chevron U.S.A. Inc., et ai, in the Superior Court for the State of California, San Francisco County, alleging that Defendants were liable for contaminating the City of Fresno's public drinking water supplies with MTBE and TBA.' The case was removed to federal court and transferred to this court, where discovery and pretrial matters have been proceeding. After the conclusion of all discovery related to Plaintiffs causes of action and the sources of the alleged MTBE and TBA contamination, on August 16, 2012 at the Status Conference the Court ordered Plaintiff to identify (a) the sites at which Plaintiff will pursue claims at trial and the Defendants against which it will assert those claims for each site, (b) the sites at which Plaintiff is dismissing all claims with prejudice, and (c) the sites at which Plaintiff is dismissing all claims, but at which the Parties dispute whether the dismissal should be with or without prejudice. On October 5, 2012, Plaintiff served a revised station matrix identifying these three categories. After considering the foregoing, the revised station matrix, and the arguments of counsel, it is hereby ORDERED that: Plaintiff filed a First Amended Complaint on October 28, 2004. SMRH:407633906.1 -1­ Case 1:00-cv-01898-SAS-DCF Document 3594 A. Filed 01/02/13 Page 2 of 4 Plaintiff may only assert claims at trial for the following sites and only against the Defendant(s) identified for each site. This matrix may be modified to delete sites and/or Defendants, but cannot be revised to add sites and/or Defendants. 2 i M & S Texaco, 2619 S. East Avenue . Kern Oil, Lyondell, Shell I Chevron, Coastal, ConocoPhillips, Kern Oil, I Lyondell • Tosco #30587, 1610 N. Palm ; 7-Eleven #19198, 1596 N. Palm Avenue Citgo i Valley Gas, 2139 South Elm Street Arco, Duke, Kern Oil, Tesoro, Valero I Chevron #9-4374, 1160 Fresno Street i I I hheu (1212), 1212 Fresno St~eet i Chevron, Coastal, Kern Oil, Lyondell Kern Oil, Lyondell, Shell Unoc~#6353, l418E.Shaw~~~~~~~i~c-h-e-v-ro-n-,-c-o-a-~-a-I,-c~0-n-o-c-oP-h~i~II-~-s-,K-·-ern~O~l-·~~~ i LyondeU U&A Gas & Food Mart, 2929 N. • Ratcliff Gas, 2145 Blackstone ~on #537,798 West Gettysburg, Clovis I i Arco, Valero Gilbert's Exxon, 4142 Ea_s_tC~hu_r_c_h~~__~--l-IC_oastal, Exxon, Lyondell ~an Ness Auto, 2740 North Van Ness i : Smith Tank Lines (Former Carey Oil), 30 E. ~ivisadero Street i ' Red Triangle, 2809 South Chestnut Aven.ue Chevron, Coastal, Duke, Kern Oil, LyondeU : Duke, Kern Oil, Valero i Coastal, Duke, Exxon, Kern Oil, Lyondell, _ _-+-1~N_el_Ia, New West, Tesoro, Valero I ~evron #9-9093, 3996 N. Parkway Drive Tosco #39118, 1605 N. Cedar I i Chevron, Coastal, Kern Oil, Lyondell Chevron, Coastal, ConocoPhilIips, Kern Oil, I Lyondell i . Arco, Duke, Kern Oil, Valero Beacon #3519, 4591 E. Belmont Avenue ~~----------------~------------~I----------~-------------------~ Beacon-Arco #615, 1625 Chestnut Avenue i Arco, Duke, 2 Notwithstanding the Parties' agreement to present this proposed Order to the Court, Defendants make no admissions as to the accuracy of the matrix, dispute Plaintiffs designation of particular Defendants at particular sites, and dispute and deny the claims asserted at all sites. SMRH:407633906.! -2­ Case 1:00-cv-01898-SAS-DCF Document 3594 Filed 01/02/13 Page 3 of 4 I Exxon Servi~e Station, 4594 East Tulare Street ! Arco, Coastal, Duke, Exxon, Kern Oil, Lyondell, Valero 17-Eleven#13917, 3645 Olive Avenue B. Citgo The following sites shall be dismissed with prejudice. ~:~!t~~~~:"E~~~ i Avenue : Former Unocal, 794 W. Shaw, Clovis i Arco #610, 4192 North Fresno Street i Gas 4 Less, 3076 East Gettysburg Classic Car Wash, 5785 N. First Beacon Fifth Wheel Truck Stop, 3767 South Golden State Cor-O-Lite Block, inc., 4569 East Florence . Avenue I J&C Food & Gas, 2394 South Elm Avenue C. i I I After hearing argument of counsel, the Court gave Plaintiff the option to either dismiss the following sites with prejudice or pay the costs Defendants incurred with respect to these sites. After having been provided a good faith estimate of those costs, Plaintiff elected not to pay such costs. Plaintiff has agreed to dismiss these sites, but believes they should be dismissed without prejudice. Based on the arguments of counsel and the relevant legal authorities, the Court hereby orders that the following sites shall be dismissed with prejudice. Family Express Food & Liquor, 4205 E . • Butler Avenue I G&K Mini Mart, 4090 South Chestnut I Whirlwind Car Wash, 225 North H Street i Unocal, 101 N. Roosevelt SMRH:407633906.! -3­ Case 1:00-cv-01898-SAS-DCF Document 3594 Filed 01/02/13 Page 4 of 4 Dave's Exxon, 1703 W. Olive Shell, 1014 E. Bullard C. The Order of Dismissal is attached as Exhibit A. SO ORDERED: . a A. Scheindlin DATED: SMRH:407633906.1 New York, New York January 02, 2013 -4­

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