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

Filing 3807

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Partial Summary Judgment on Plaintiffs' Claim for Primary Restoration at the Ridgewood Trial Site. Document filed by Shell Oil Company. Responses due by 11/1/2013 (Attachments: #1 Affidavit Declaration of Richard E. Wallace, #2 Exhibit Exhibits to Declaration of Richard Wallace - 1 of 3, #3 Exhibit Exhibits to Declaration of Richard Wallace - 2 of 3, #4 Exhibit Exhibits to Declaration of Richard Wallace - 3 of 3, #5 Affidavit Declaration of Julian Davies, #6 Exhibit Exhibits to Declaration of Julian Davies - 1 of 2, #7 Exhibit Exhibits to Declaration of Julian Davies - 2 of 2)(Wallace, Richard) Modified on 10/2/2013 (db).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

IN RE METHYL TERTIARY BUTYL ETHER
PRODUCTS LIABILITY LITIGATION
This document pertains to:
New Jersey Department of Environmental
Protection, et al. v. Atlantic Richfield Co., et al.,
No. 08 Civ. 312

Master File No. 1:00 – 1898
MDL 1358 (SAS)
M21-88

SHELL’S NOTICE OF MOTION AND MOTION FOR
PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS’ CLAIM FOR
PRIMARY RESTORATION AT THE RIDGEWOOD TRIAL SITE
PLEASE TAKE NOTICE that Defendants Shell Oil Company, Shell Oil Products
Company LLC, Shell Trading (US) Company, Equilon Enterprises LLC, and Motiva Enterprises
LLC (collectively “Shell”) hereby move this Court, pursuant to Federal Rule of Civil Procedure
56 for an Order granting partial summary judgment on Plaintiffs’ claim for what they call
“primary restoration” damages at the Ridgewood Trial Site.
This Motion is brought on the grounds that Shell has remediated the Ridgewood Site to
the satisfaction of NJDEP, and NJDEP cannot meet its burden to prove that additional “primary
restoration” is necessary to protect flora, fauna or human health, safety or welfare at the
Ridgewood Site . A claim for additional “investigation” cannot meet that standard. Shell is
therefore entitled to partial summary judgment on Plaintiffs’ claim for “primary restoration”
damages at the Ridgewood Site.
This Motion is and will be based on the memorandum filed in support hereof and
accompanying materials filed with the Court, this Notice and Motion, Shell’s Rule 56.1
Statement of Material Facts, the declarations of Richard E. Wallace, Jr. and Julian Davies, the

pleadings and other documents on file in this action and other actions pending in the MDL, and
such other argument and evidence as the Court may consider at any hearing of the Motion.

Dated: October 1, 2013

Respectfully submitted,

___/s Richard E. Wallace, Jr.
Richard E. Wallace, Jr.
Michael L. Williams
Marie S. Dennis
SEDGWICK LLP
2900 K Street, NW
Harbourside, Suite 500
Washington, DC 20007
[phone]
Attorneys for Defendants Shell Oil Company, Shell Oil
Products Company LLC, Shell Trading (US) Company,
Equilon Enterprises LLC, and Motiva Enterprises LLC

Shell’s Notice of Motion and Motion for Partial Summary Judgment re: Ridgewood

Page 2

PROOF OF SERVICE VIA LEXIS/NEXIS FILE & SERVE AND E-MAIL
I, Kristin McCormick, hereby declare under penalty of perjury under the laws of the United
States of America that a true and accurate copy of the foregoing was served via Lexis/Nexis File
& Serve and ECF on all parties on this 1st day of October 2013.

________/s/ Kristin McCormick
Kristin McCormick