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

Filing 3957

DECLARATION of Kevin Wilson in Support re: (364 in 1:07-cv-10470-SAS, 34 in 1:14-cv-01014-SAS) MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Tauber Oil. (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)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

MDLNo.1358
C.A. No. 1:00-1898 (SAS)
M21-88

REPLY DECLARATION OF
KEVIN WILSON

This Document Relates To:
Commonwealth of Puerto Rico, et al. v.
Shell Oil Company, et al.,
Case No. 07-CV-I0470-SAS
Case No. 14-CV-I014-SAS

I, KEVIN WILSON, declare as follows:
1.

My name is Kevin Wilson. I am over the age of twenty-one, reside in Houston,

Texas, and am competent to give testimony.

The facts set forth in this reply declaration are

based upon my personal knowledge, the records of Tauber Oil Company ("Tauber Oil"), and
information collected and made available to me by knowledgeable employees of Tauber Oil and,
to the extent necessary,

Tauber Petrochemical

Company.

Exhibits

1-12 attached to this

Declaration are true and correct copies.
2.

Tauber Oil is the parent corporation of Tauber Petrochemical Company, which

came into existence in 1998. Tauber Petrochemical Company is a Texas corporation organized
and existing under the laws of the State of Texas with its principal place of business in Houston,
Texas.

While Tauber Petrochemical Company is a non-party to these proceedings and has not

appeared in these actions, the statements at paragraphs 4-33 in my prior declaration, dated
February 26,2014 (Dkt. # 3931), are also true for Tauber Petrochemical Company.

Reply Declaration of Kevin Wilson
5760966.4/SP/10883/0121/032514

1

3.

Tauber

Phillips Petroleum
Oklahoma

Oil had the following

Corporation,

transactions

Phillips Chemical

of MTBE

Corporation

where

or Phillips

it sold MTBE

66 all of Bartlesville,

(Phillips Petroleurn/Chernical/66):

Wilson Reply
Exhibit Nos.

Tauber
Contract
Date

Nomination
including
destination

Ex. 1

08/08/85

No evidence Tauber
was notified of PR

Ex. 2

02110/94

2/24/94 See Arenas
Ex. 2(a) vessel and
PR: Tauber002350

Ex 3

03118/94

Ex. 4

08/04/94

Ex. 5

03/22/95

Ex. 6
Venezuela
transaction
Ex. 7

10/24/95

01127/97

Ex. 8

08/27/97

Ex. 9

09/18/97

Ex. 10

10/22/97

Reply Declaration

Contract No.
Transaction
Bates No. Range

Phillips Petroleum
Co. - (Bartlesville,
OK)
Phillips 66 Co. Bartlesville, OK

S - 10971
TAUBEROO 19451951
S - 36439
TAUBER
002282-2358

3/21194 See Arenas
Ex.2(c)
Tauber002276
No PR Destination
Tauber002209

Phillips 66 Co. (Bartlesville, OK)

3/22/95 See Arenas
Ex.2(e)
Tauber002065
10/25/95 See Arenas
Ex. 2 (f)
Tauber002144
1127/97 See Arenas
Ex.2(h)
TauberOO1413
No destination
provided; See
Wilson Reply Ex. 8
TauberOO 1154
No destination
provided; See
Wilson Reply Ex. 9
Tauber001432
No destination
provided; See
Wilson Reply Ex. 10
TauberOO1486

Phillips Chern. Co. (Bartlesville, OK)

S - 36775
TAUBER 22172281
S - 37965
TAUBER0021482216
S - 39688
T AUBER0020342065
S - 41435
TAUBER0020662147
S -45208
TAUBEROOI3571413
S - 46807
TAUBER0011181154

of Kevin Wilson

5760966.4/SP/1088310121/032514

Purchaser

2

Phillips 66 Co. (Bartlesville, OK)

Phillips Chern. Co.
- (Bartlesville, OK)
Phillips Chern. Co. (Bartlesville, OK)
Phillips Chern. Co. (Bartlesville, OK)

to

Phillips Chern. Co. (Bartlesville, OK)

S - 46957
TAUBER0014141436

Phillips Chern. Co. (Bartlesville, OK)

S - 47196
TAUBER0014371486

4.

The foregoing list identifies the eight (8) transactions referenced in Plaintiffs'

response papers and the declaration of Justin J. Arenas. The list also includes one (l) additional
transaction between Tauber Oil and Phillips 66 and Phillips Chemical (See para 3, Ex. 4). Four
(4) of the transactions include subsequent documents sent by Phillips 66 or Phillips Chemical that
do not identify a destination, and one shows the destination in Houston.
5.

Except for the Venezuela transaction (Exhibit 6 hereto), none of the contract

terms reference a destination or Puerto Rico. In the 1996 Venezuela transaction, Phillips 66 of
Bartlesville, Oklahoma purchased MTBE from Tauber Oil outside the United States. Tauber Oil
acquired MTBE from Ecofuel through Ecofuel's marketing representative American Agip located
in New York.

The MTBE was produced

in Venezuela,

stored in tanks there and was

simultaneously purchased and resold by Tauber Oil to Phillips 66 under incoterms "CIF" (cargo,
insurance and freight) Guayama, Puerto Rico.

Inchcape Testing'

was retained for testing

conducted in Venezuela and, remittance was to be made to Inchcape to First National Bank of
Chicago, in Chicago, Illinois.

(See Ex. 11 at TAUBER002096).

Inchcape documents show

addresses in Dallas and Venezuela. (Ex. 11 at TAUBER002096, TAUBER0021 06). Based on the
transaction file documents, including those referenced in Plaintiffs' response papers, it does not
appear that Tauber was the importer of record. (See Ex. 11, TAUBER002068).
30(b )(6) witness and was questioned on this transaction.

I was Tauber's

Based on the materials I was asked to

review, it was unclear who served as the "importer of record" for this transaction.

In reviewing

the transaction documents it appears that either Ecofuel or Phillips 66 was the importer of record
into Puerto Rico. (See Ex. 12, page 91- 94, line 11).

1 Inchcape is an independent agent retained by the parties to verify that the product sold and purchased
was of the quality and quantity that it purported to be at the time of sale and loading in the vessel for
shipment.

Reply Declaration of Kevin Wilson
5760966.4/SP/10883/0121/032514

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6.

In instances where Plaintiffs Exhibits to the Arenas Declaration did not include

nomination documents, true and correct copies are attached hereto (see Exhibits 4, 8, 9 and 10).
7.

No contracts of non-party Tauber Petrochemical are included in the transactions

listed in paragraph 3 above.
8.

Attached as Exhibit 11 are Tauber 002104 and 2016 which evidence that Tauber

was charged by Inchcape Testing Services-Caleb Brett (Inchcape) for the inspection performed in
Venezuela and Phillips 66 had its own laboratory conduct the testing of the product in Puerto
Rico. Thus, it cannot be said that Tauber arranged for or paid for the testing done on the cargo in
Puerto Rico.
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.

Dated:

-------------------

KEVIN WILSON

Reply Declaration of Kevin Wilson
5760966.1SP/1 0883/0 1211032514

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