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

Filing 3930

DECLARATION of Michael A. Walsh in Support re: (364 in 1:07-cv-10470-SAS, 34 in 1:14-cv-01014-SAS, 3927 in 1:00-cv-01898-SAS-DCF) MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Tauber Oil. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS, 1:14-cv-01014-SAS(Walsh, Michael)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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

This Document Relates To:
Commonwealth of Puerto Rico, et al. v.

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

DECLARATION OF
MICHAEL A. \VALSH

Shell Oil Company, et al.,
Case No. 07-CV-I0470-SAS
Case No. 14-CV-I014-SAS

I, Michael A. Walsh, hereby declare as follows:
1.

My name is Michael A. Walsh. I am over the age of twenty-one, reside in Dallas,

Texas, and am competent to give testimony. The facts set forth in the declaration are based upon
personal knowledge. I am a partner at Strasburger & Price,

and counsel for defendant

Tauber Oil Company ("Tauber Oil") in the above-referenced matters. I submit this declaration in
support of Tauber Oil's Motion to Dismiss for Lack of Personal Jurisdiction.
A true and correct copy of deposition excerpts from the deposition of Tauber
Oil's Rule 30(b)( 6) witness Kevin Wilson is attached as Exhibit A.
3.

A true and correct copy of the relevant pages from Defendant Chevron Phillips

Chemical Puerto Rico Core, LLC's Second Amended Objections and Responses to Plaintiffs'
First Set of Interrogatories and Request for Production of Documents to Defendants Regarding
Supply and Distribution (LNFS 5495159 I) are attached as Exhibit B.
4.

A true and correct copy of deposition excerpts from the deposition of Phillips

Core Puerto Rico Witness Don Sitton is attached as Exhibit C.

5704748.2/SPI1

0883/0121/030314

5.

A true and correct copy of the Declaration of Daryl Vance, dated April 30, 2013

(LNFS 52049530) is attached as Exhibit D.
6.

A true and correct copy of the Defendant ConocoPhillips Company's Objections

and Responses to Plaintiffs' First Set of Interrogatories and Request for Production of
Documents to Defendants Regarding Supply and Distribution (LNFS 53086238) is attached as
Exhibit E.
7.

A true and correct copy of a letter of Jessica Farley dated August 9, 2013 (LNFS

53623798) submitted to the Court is attached as Exhibit F.
8.

A true and correct copy of the Affidavit of Hector Marin (LNFS 54047154) is

attached hereto as Exhibit G.
9.

A true and correct copy of Plaintiffs' Responses and Objections to Defendant

Tauber Oil Company's First Set ofInterrogatories

and Requests for Production of Documents to

Plaintiffs regarding Jurisdictional Discovery (LNFS 54580394) is attached as Exhibit If.
10.

A true and correct copy of deposition excerpts of Hector Marin is attached as

Exhibit 1.
11.

To date, Tauber has participated limitedly in this case to obtain discovery from

Plaintiff to ascertain any evidence it (or any other party) has in support of the Commonwealth's
allegation that the Commonwealth has personal jurisdiction over Tauber.
12.

Tauber further participated to the extent necessary to comply with Orders of the

Court, including complying with Court ordered deadlines.
Pursuant to 28 U.s.c. § 1746, I declare under penalty of perjury under the laws of the
United States that the foregoing is true and correct.

57047 48.2/SP/1 0883/0121/030314

Executed

of February 2014 in Dallas, Texas.

Michael A. Walsh

5704748.1/SP/10883/0121/022814