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

Filing 3902

DECLARATION of Susan M. Dean in Opposition re: (318 in 1:08-cv-00312-SAS) MOTION for Summary Judgment as to Getty Property Corp.'s Third-Party Complaint.. Document filed by Getty Properties Corp.. (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, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(McMeekin, John)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In re: Methyl Tertiary Butyl Ether("MTBE")
Products Liability Litigation

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

This Document Relates To:
NJ Department ofEnvironmental Protection, et al.
Plaintiffs
v.
Atlantic Richfield, Co., et al.
Defendants
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Getty Properties Corp.
Defendant/Third-Party Plaintiff
v.
Harbans Singh; Gurmail Singh; H.P. Delta, Inc.;
Robert Melecci; Dhandi Transport, Inc.;
and John and Jane Does Nos. 1 - 100
Third-Party Defendants
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DECLARATION OF SUSAN M.DEAN IN SUPPORT OF DEFENDANT/THIRD-PARTY
PLAINTIFF GETTY PROPERTIES CORP.'S OPPOSITION TO
THIRD-PARTY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
I, Susan M. Dean, declare as follows:
I am licensed to practice law in the State of New Jersey and the Commonwealth
of Pennsylvania, and am a member in good standing of both States' bars.
2.

I am Of Counsel at the law firm of Rawle &Henderson LLP,counsel for

Defendant/Third-Party Plaintiff, Getty Properties Corp. I make this Declaration in support of
Defendant/Third-Party Plaintiff Getty Properties Corp.'s Opposition to Third-Party Defendants'

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Motion for Summary Judgment. During the course of this litigation, I have been actively
involved in the discovery and pretrial proceedings in this action. This Declaration is based on
my personal knowledge and, if called as a witness, I could testify competently thereto.
Attached hereto as Exhibit 1 is a true and correct copy of the Administrative
Consent Order.
4.

Attached hereto as Exhibit 2 is a true and correct copy of relevant pages of the

Transcript of Hearing, dated August 19, 2013.
Attached hereto as Exhibit 3 is a true and correct copy of relevant pages of the
deposition transcript of Robert Melecci, dated November 24, 2008.
6.

Attached hereto as Exhibit 4 is a true and correct copy of the February 2, 2007

Letter from Gary Pasricha to Stuart L. Lieberman.
7.

Attached hereto as Exhibit 5 is a true and correct copy of relevant pages of the

deposition transcript of Harbans Singh, dated December 22, 2010.
8.

Attached hereto as Exhibit 6 is a true and correct copy of relevant pages of the

expert report of James A. Schaefer, Jr., dated April 2, 2013.
9.

Attached hereto as Exhibit 7 is a true and correct copy of relevant pages of

Plaintiffs' Answer to Defendants' Request for Admissions Regarding the H.P. Delta Trial Site.
10.

Attached hereto as Exhibit 8 is a true and correct copy of relevant pages of the

expert report of Anthony Brown, dated January of 2013.
11.

Attached hereto as Exhibit 9 is a true and correct copy ofthe August 18, 2006

Letter from the Township of Woodbridge to Robert Melecci.
12.

Attached hereto as Exhibit 10 is a true and correct copy of relevant pages of

Robert Melecci's Answer to First Amended Complaint, Counterclaim, Third Party Complaint,

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Separate Defenses, Claim for Contribution, Answer to Crossclaim, Crossclaim, Request for
Statement of Damages, Request for Allocation, Designation of Trial Counsel, Certification, Jury
Demand.
13.

Attached hereto as Exhibit 11 is a true and correct copy of the January 22, 2007

Letter from Anthony Ambrosio to Stuart Lieberman.
14.

Attached hereto as Exhibit 12 is a true and correct copy of relevant pages of the

deposition transcript of Robert Melecci, dated September 12, 2012.
15.

Attached hereto as Exhibit 13 is a true and correct copy of the relevant pages of

the deposition transcript of Gary Lipsius, dated August 2, 2012.
I declare under penalty of perjury that the foregoing is true and correct.

Executed on January 10, 2014, at Philadelphia, Pennsylvania.

.DEAN

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CERTIFICATION OF SERVICE
I, Susan M. Dean, Esquire, an attorney for Defendant/Third-Party Plaintiff Getty
Properties Corp. certifies that on this 10th day of January, 2014, a copy of Declaration of Susan
M. Dean in Support of Defendant/Third-Party Plaintiff Getty Properties Corp.'s Opposition to
Third-Party Defendants' Motion for Summary Judgment with attached Exhibits, was served
upon all parties of record via LexisNexis File and Serve.

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