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)

EXHIBIT A

Kevin Wilson

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
IN RE: METHYL TERTIARY
BUTYL ETHER ("MTBE)
LIABILI
LITIGATION
PRODUCTS

COMMONWEALTH OF PUERTO
RICO, ET AL.
PLAINTIFF,

MASTER FI
NO. 1:00-1898
M21-88
MDL 1358(SAS)

CASE NO. 07-CIV-10470
(SAS)

VS.
SHELL OIL CO., ET AL.,
DEFENDANTS.

DEPOSITION OF
TAUBER OIL THROUGH KEVIN WILSON
DECEMBER 16, 2013
VOLUME 1
Called as a witness by counsel for the
Plaintiffs, taken before Dorothy A. Rull, CSR, CRR,
a Certified Shorthand Reporter and Notary Public In
and for the State of Texas, on the 16th day of
December, 2013, from 12:35 p.m. to 5:12 p.m., at the
law offices of Strasburger & Price, LLP, 909 Fannin
Street, Suite 2300, Houston, Texas 77010, pursuant
to Notice and the Federal Rules of Civil Procedure.
Golkow Technologies, Inc. - 1.877.370.DEPS

Kevin

1

would

2

the contracted

be to their

Wilson

discretion

volume

3

Q.
A.

Now,

vessel

they

load

on to.

SO in --

4

what

it would

5

for -- for vessel

6

information

7

rejected

8

limitations

9

vetting

the vessel

11

type

of documents

12

this

lS

13

these

14

disallow

vessels

vessel

17

TPC.

19
20
21

Guard
that

certification,
they want

record

-- then

the vessel

comes
We're

Q.

stuff

they

wholly

If TPC
draft

they

call

hasn't

and had the

out there

on all

disapprove

and

to be loaded.

the pass-through

approval
party,

to load the

in this

the destination

irrelevant

It's

irrelevant

is completely

to Tauber.

It's

to TPC.

22

Q.

Okay.

23

A.

The only people

24

relevant
Golkow

to here

that

it would

be

is SGS.

Technologies,

Inc.

case,

party.

irrelevant?

A.

had

to see -- because

could

from the terminal

And

size,

-- it's what

So the ultimate

16

take that

If -- if the vessel

all public

15

18

due to vessel

procedures.
Coast

We would

it to our supplier.

or any other

its proper

to be ran by us

particulars.

and pass

10

have

- 1.877.370.DEPS

and

Kevin Wilson

1

operations of moving -- movement of the oil.

2

BY MR. SHORT:

3

4

So did Marilyn have a similarly situated

Q.

individual like Scott Podsednik?
MS. FARLEY:

5
A.

6

Objection, form.

I can't speak to that, other than I see

7

this contract is written between Mark Matthiesen and

8

Scott.

9

Phillips who purchased this product --

10

So Mark Matthiesen is the individual at

BY MR. SHORT:

11

Q.

12

A.

13

Q.

Okay.
according to this document.
Do you have any reason -- any

14

independent fact to believe that the MTBE that is

15

the subject of this file did not get discharged in

16

Puerto Rico?

17

MS. FARLEY:

18

MR. WALSH:

19

Objection, form.
I join in that

objection.

20

A.

I don't.

I don't know.

I don't have

21

discharge documentation here to know if that is, in

22

fact, where it went.

23

case.

24

BY MR. SHORT:
Golkow Technologies,

I can only presume that's the

Inc. - 1.877.370.DEPS

Kevin Wilson

Page 74
1
2

documents?

3
4

Would it be common to have discharge

Q.

No.

A.

generally spea

In fact, it's strictly forbidden,
ng.

5

Q.

And why

6

A.

Because it's a FOB transaction, and it's

lS

it strictly forbidden?

7

quite commonplace in this industry, and just in

8

general, that you're limited to your

9

the knowledge is limited to what you transact to do

10

you know,

and that -- that's it.
The industry as a whole maintains

11
12

that because of proprietary

information.

They don't

13

want

14

sell it to Chevron, and that purchase from Dow was

15

made through an intermediary like Vitol, Vitol

16

purchased it from Dow and sells it to me and Vitol

17

knows where my customer takes it, why would Vitol

18

want us in the middle of that transaction?

if I were to purchase product from Dow and

19

People don't share this type of

20

information.

21

Q.

22

relating to

23

A.

Destination.

24

Q.

-- destination,

I

Not in this business.
And the type of information, much of it

and the identity of --

Golkow Technologies, Inc. - 1.877.370.DEPS

Kevin Wilson
ge
1
2

Of who's -- who's receiving it
ultimately.

3

Q.

-- the entities that are purchasing it?

4

A.

No.

The entities that are ultimately

5

consuming it or, in many cases, the entities who are

6

producing it.

7

Q.

So either upstream or downstream?

8

A.

Right.

9

Q.

Okay.

10

(Exhibit No.6

11

MR. WALSH:

Are you done with

MR. SHORT:

Yes.

12

Exhibit No.5?

13
14
15
16

marked.)

BY MR. SHORT:
Q.

And I'm handing you what is marked

Tauber 6.

17

MR. SHORT:

Copy for counsel.

18

MR. WALSH:

Thank you.

19

MR. SHORT:

Copy for counsel.

20

MS. FARLEY:

21
22

Thank you.

BY MR. SHORT:
Q.

And for the record, Exhibit 6 is Bates

23

numbered Tauber002277, and this document is a fax

24

from Marilyn Dugan to mUltiple recipients, including
Golkow Technologies,

Inc. - 1.877.370.DEPS

Kevin Wilson
Page 103
1

it appear that there was 55,000 barrels of MTBE that

2

was loaded on the HMI ASTRACHEM at the T

3

terminal?

4

A.

Yes.

5

Q.

And to the last page --

6

A.

Yes.

7

Q.

--

-Houston

8

next to the ves sel, it says "HMI

ASTRACHEM/EX OMI STAR."

9

A.

What does that mean?

It means -- it likely means -- I can't

10

know for sure, but it likely means that the HMI

11

ASTRACHEM was renamed and used to be called the OMI

12

STAR.
Q.

And does the destination indicate Puerto

15

A.

Yes.

16

Q.

Do you have any independent facts to

13
14

Rico?

17

indicate that this shipment of MTBE was not

18

discharged in Puerto Rico?
MS. FARLEY:

19
20

A.

Objection, form.

I cannot tell where any of these

21

discharge, because, again, once they're -- the FOB

22

transactions occur and we pass title at the rail,

23

the receiver can take it wherever they want, as

24

often occurs.

On many transactions that I do, they

Golkow Technologies,

Inc. - 1.877.370.DEPS

Kevin Wilson

1

ultimately end up in Asia.

2

the time.

3

BY MR. SHORT:

4

This happens to me all

Can you give me an example of when a

Q.

5

purchaser has identified a destination and then you

6

later learned that it went to a different

7

destination?

8

A.

With MTBE?

9

Q.

Well, refer to a current example that

10

No.

you're aware of.

11

A.

Well, what happens -- happens frequently

12

In our business is they don't -- they don't label

13

it.

14

labeled.

15

they don't want to expose where it's going.

16

It's "one safe port to Far East."

Q.

It's not

And they do that very specifically because

And in a circumstance where a port is

17

labeled, do you have specific knowledge of that port

18

changing?

19

A.

Neither -- no.

20

Q.

Do you have any independent facts that

I don't.

21

leads you to believe that the particular shipment of

22

MTBE that's identified in Exhibit No. 10 was not

23

discharged in Puerto Rico?

24

MS. FARLEY:
Golkow Technologies,

Objection, form.

Inc. - 1.877.370.DEPS

Kevin Wilson
Page 105
1

A.

That's something you would have to go to

2

Phillips for.

3

asked that, I have no way of knowing.

4

I mean, in each case that I'm being

MR. SHORT:

Would you mind taking 10

6

MR. WALSH:

Didn't we just take

7

MR. SHORT:

Off the record.

8

THE VIDEOGRAPHER:

5

9

minutes--

Okay.

We're off

the record 2:42 p.m.

10

(Recess.)

11

THE VIDEOGRAPHER:

12

record at 2:57 p.m.

13
14
15
16
17

(Exhibit No. 11 marked.)
BY MR. SHORT:
Q.

I'm handing you what's marked as Tauber

Exhibit No. 11.
A.

Tauber 11.

18

MR. SHORT:

19

MR. GOOLSBY:

20

MS. FARLEY:

21
22

We're back on the

A copy.
Thank you.
Thank you.

BY MR. SHORT:
Q.

And for the record, this document is

23

Bates stamped TauberOOl246.

24

TauberOOl248.
Golkow Technologies,

If you could turn to

Inc. - 1.877.370.DEPS

Kevin Wilson
Page 133
1

appointment and the general nominal volume to be

2

loaded is understood, that's really all that people

3

care about.

4

quantity, the location and the date.

5

apply to most everyone

6

we've gone through --

They care about the quality, the

7

Q.
A.

-- and that

of these transactions that

And what --

8

And that would

9

lS

what is in particular

importance to the commercial parties involved.

10

Other things may be important to the surveyors,

11

namely point of discharge, but not to the

12

transaction parties involved.

13

Q.

SO with your communications with Marilyn

14

Dugan, you would never, under no uncertain

15

circumstances, discuss the destinations

16

products?

17

A.

It's none of Tauber's business.
MS. FARLEY:

18
19
20

for

Objection, form.

BY MR. SHORT:
Q.

But you -- I understand you're saying

21

it's none of Tauber's business.

Did you ever

22

discuss the destination of product?

23

A.

No.

We did not discuss that.

24

Q.

Did you ever discuss the destination of

Golkow Technologies,

Inc. - 1.877.370.DEPS

Kevin

1

understand

2

conveying

3

communicate

4

point

5

in this

6

it did not go there,

what
that

Wilson

this means.
for purposes

his

loading

of discharge,
case.

on board

9

ship.

10

not have

11

no loss exposure

12

participate

13

We are done.

14

there

15

because,

of all the files

16

we could

look

17

periods

18

reo

Because

20

BY MR.

22
23

It's a free

We do

whatsoever.

We have

We do not
at point

is there

of discharge.

to communicate,

odd that

other

you wouldn't

and it's

it's there,

that we could

at, with many

of time,

conveyed

go back

products

see that

it's just what Marilyn

over

and
long

information
did.

She

it in that way.

SHORT:

Q.

So this

A.

21

interest

-- and it's quite

is there.

on the vessel.

in the inspection

that

at the rail to the

of the cargo.

That

obviously

to suggest

no involvement.

title

any ownership

Rico,

is why that

It passed

contract.

We do not have

19

is Puerto

but that

can

to the relevant

no information

We have

it's

so the surveyor

information

which

I have

7
8

You know,

lS -- you're

saylng

this

lS very

It lS odd.

odd?

MR. WALSH:

24
Golkow

Technologies,

Inc.

Let me just make
- 1.877.370.DEPS

sure

Kevin Wilson
Page 168
IN THE UNI D STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
IN RE: METHYL TERTIARY
BUTYL ETHER ("MTBE)
LIABILITY LITIGATION
PRODUCTS

COMMONWEALTH OF PUERTO
RICO, ET AL.
PLAINTIFF,

MASTER FILE
NO. 1:00-1898
lY121- 8 8

MDL

1358(SAS)

CASE NO. 07-CIV-10470
(SAS)

VS.
SHELL OIL CO., ET AL.,
DEFENDANTS.

CONTINUED DEPOSITION OF
TABER OIL THROUGH KEVIN WILSON
DECEMBER 17, 2013
VOLUME 2
Called as a witness by counsel for the
Plaintiffs, taken before Dorothy A. Rull, CSR, CRR,
a Certified Shorthand Reporter and Notary Public ln
and for the State of Texas, on the 17th day of
December, 2013, from 10:07 a.m. to 11:03 a.m., at
the law offices of Strasburger & Price, LLP,
909 Fannin Street, Suite 2300, Houston, Texas 77010,
pursuant to Notice and the Federal Rules of Civil
Procedure.
Golkow Technologies,

Inc. - 1.877.370.DEPS

Kevin Wilson
Page
1

of documents

2

destination.

3
4

on nominations

If we could

Q.
I'll direct

that

then

show

200

turn

the

to Exhibit

5.

And

you to Tauber002350.

5

A.

50.

6

Q.

And this

7

A.

Yes.

8

Q.

Is this

9

discussed

lS

a fax; correct?

similar

to other

faxes

that we

it is from a Marilyn

Dugan

to a

yesterday?

10

A.

Yes.

11

Q.

And

12

number

of recipients,

13

attention

Kevin

including

Tauber

Houston,

Wilson?

14

A.

Yes.

15

Q.

And next

16

"destination,"
A.

17

is Puerto

Rico

MR. WALSH:
was

that page

MR.

121

MR. WALSH:

23
24

BY MR.
Q.
inform

indicated?

Nathan,

I'm sorry.

What

number?

20

22

says

Yes.

18
19

to the line that

SHORT:

It's Tauber002350.
Okay.

SHORT:
Did you ever

instruct

you of the intended

Phillips

destination

not to

of MTBE

Golkow Technologies, Inc. - 1.877.370.DEPS

you

Kevin

Wilson
Page

1

201

sold to them?

2

MS.
A.

3

FARLEY:

It would

Objection,

form.

not be relevant.

4

be no cause

5

6

Q.

But did you?

7

A.

Not that

S

Q.

Okay.

10

destination
change

to inform

would

BY MR. SHORT:

9

to ask them

There

I recall.

Did knowing
as identified

as

MS.

12

MR. WALSH:
form.

15

That's

this

lS

FARLEY:

a loaded

Again,

A.

14

of Phillips'

Yeah.

there's

form.

Objection

no cause.

This

if I recall
the concern

17

operations

IS

movement

would

19

quantity

and quality

20

to the

21

Q.

So it wouldn't

22

A.

It wouldn't

23

Q.

what

24

A.

this

one.

that any

in any manner.

end with

have with

is --

BY MR. SHORT:

Golkow

would

them?

question.

You know,
person

with

Objection,

an FOB transaction,

16

intended

in this document

the way that you did business

11

13

or not inform.

a relative

the certification

at the title

transfer

-- it wouldn't

affect

of
point.

affect

anything.

you did on a day-to-day

Technologies,

Inc.

--

- I.S77.370.DEPS

basis?