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)
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51771933
Apr 12 2013
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UMTED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
7n Re: Methyl Tertiary Butyl Ether {"MTBE")
Products Liability Litigation
MDL No. 1358
Master File C.A. No.
1:00-1898(SAS)
This document relates to the following case:
New Jersey Department ofEjrvironmental
Protection v. Atlantic .Richfield Co., et al.,
Case No.08 Civ. 00312
Plaintiffs New Jexsey Department of Environmental Protection("NJDEP"),
Commissioner ofthe New Jersey Department of Envixonmental Protection, and
Administrator of the New Jersey Spill Compensation Fund (collectively, "Plain~.tiffs"), by
and through their attorneys, Miller, Axline &Sawyer, make the following Amended
Responses and General Objections to Defendants' First Set of Requests for Admission to
Plaintiffs Regazding the HP Delta Triai Site ("Requests"}.
GENERAL OBJECTIONS
1.
Plaintiffs object to the Requests on the grounds that they are improper and
violate Federal Rules of Civil Procedure, Role 36(a} because they include a request to
REQUEST FOR ADMISSION NO.7:
Admit that YOU axe not seeking any damages in this litigation related to the
IMPACTED wells within the Lancaster Road Ground Water Contamination site, located
in Woodbridge Township,New Jersey.
RESPONSE TO REQUEST FOR ADMISSION NO.7:
Plaintiffs object to this Request on the grounds that the request is vague and
ambiguous. Subject to the specific objections and General Objections and without waiver
ofsuch objections, Plaintiffs provide the following response: Denied. Plaintiffs seek
damages for MTBE and TBA contamination of groundwater, soil and impacts to the
State's natwral resources.
REQUEST FOR ADMISSION NO.S:
Admit that MTBE was first detected in ground water at the SITE on August 10,
2006. See e.g., NJDEP-SITE233-008374.
RESPONSE TO REQUEST FOR ADNIISSION NO.B:
of MTBE at the SITE
prioz
Plaintiffs object to this Request to the extent it implies that there were no releases
to the August 10, 2006 detection. Plaintiffs further object on
the grounds that impacts to groundwater in the vicinity ofthe SITE were impacted prior
to August 2006. Subject to the specific objections and the General Objections and
without waiver of such objections, Plaintiffs respond as follows: Admitted.
REQUEST FOR ADMISSION NO.9:
Admit that TBA was first detected in gzound water at the SITE on August 10,
2004. See e.g., NJDEP-SITE233-008374.
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46457033
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In Re: Methyl Tertiary Butyl Ether(L°MTBE")
Products Liability Litigation
Sep 14 2012
05:44P M
Master File No. 1:00 — 1898
MDL 1358(SAS): M21-88
This document relates to:
New Jersey Department ofEnvironmental Protection v.
Atlantic Richfield Co., et al., No. 08 Civ. 00312
DEFENDANTS'FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFFS
REGARDING THE HP DELTA TRIAL SITE
Pursuant to Federal Rule of Civil Procedure 36, Defendants hereby propound the
following requests for admission to Plaintiffs New Jersey Department of Environmental
Protection, the Commissioner of the New Jersey Department of Environmental Protection and
the Administrator of the New Jersey Spill Compensation Fund ("Plaintiffs"), to be answered in
the time allowable under the Federal Rules of Civil Procedure.
INSTRUCTIONS
If a claim of privilege is asserted with respect to any requests for admission, in whole or
in part, or YOU refuse to answer on any other ground, specify the exact basis for YOUR claim
that such request need not be answered with sufficient specificity to permit the Court to
determine the validity of YOUR objection or position. In the event YOU file a proper and timely
objection to a portion of any request, please respond to all portions of the request that do not fall
within the ambit of your objection.
137549-1
The phrase "UST GRANT/LOAN(EDA)" shall have the meaning used by
25.
PLAINTIFFS in Plaintiffs' table summarizing past costs at trial sites (see Costs 30(b)(6) Ex. 3).
The terms "IMPACTED" and "THREATENED," as they relate to WATER
26.
RESOURCES and NATURAL RESOURCES,shall have the meanings used by PLAINTIFFS in
the Fourth Amended Complaint (see e.g., ¶¶ 3-4).
The terms"OWN" and "OPERATE"(including any form ofthose words) shall
27.
have the meanings used by Plaintiffs in the Fourth Amended Complaint(see e.g., ¶ 107).
REQUESTS FOR ADMISSION
1. Admit the SITE is located at 439 Lake Avenue, Woodbridge Township, Middlesex
County, New Jersey. See e.g., NJDEP-SS-EMAIL-GLipsius-00000002.
2. Admit the SITE is designated as Block 506B, Lot 3. See e.g., NJDEP-MTBELIPSIUSDEP2 HP 00365.
3. Admit that no defendant named in Plaintiffs' Fourth Amended Complaint has ever
OWNED the SITE.
4. Admit that no defendant named in Plaintiffs' Fourth Amended Complaint has ever
OPERATED the SITE.
5. Admit that no defendant named in Plaintiffs' Fourth Amended Complaint has ever
OPERATED ANY UST located at the SITE.
6. Admit that no defendant named in Plaintiffs' Fourth Amended Complaint has ever leased
the SITE.
7. Admit that YOU are not seeking any damages in this litigation related to the IMPACTED
wells within the Lancaster Road Ground Water Contamination site, located in Woodbridge
Township, New Jersey.
8. Admit that MTBE was first detected in ground water at the SITE on August 10, 2006.
See e.g., NJDEP-SITE233-008374.
9. Admit that TBA was first detected in ground water at the SITE on August 10, 2006. See
e.g., NJDEP-SITE233-008374.
10. Admit that the last detection of MTBE in ground water at the SITE was June 2011. See
e.g, NJ-MTBE-HANDEX-001676.
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