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)

EXHIBIT 12

Kevin Wilson
Page 1
IN THE UNITED 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,
VS.
SHELL OIL CO., ET AL.,
DEFENDANTS.

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

CASE NO. 07-CIV-10470
(SAS)

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 Wilson
Page 91
Q.

1
2

This is a fax from Marilyn Dugan to

Kevin Wilson dated October 25, 1995; correct?

3

A.

Yes.

4

Q.

And this is a fax regarding the

5

acceptance of vessel nomination for a product

6

identified as MTBE; correct?

7

A.

Yes.

8

Q.

50,000 barrels, plus or minus 5 percent;

9

correct?

10

A.

Yes.

11

Q.

On the IVER SPLENDOR; correct?

12

A.

Yes.

13

Q.

With an estimated time of arrival in

14

Guayama of October 29; correct?

15

A.

Yes.

16

Q.

Moving down and to the left, there's

17

a -- heading, "documentation" is underlined?

18

A.

Yes.

19

Q.

Underneath that is the word "consignee."

20

A.

Uh-huh.

21

Q.

What do you understand consignee to mean

22
23
24

here?
A.

What I take from this is that Marilyn

Dugan is asking Tauber to complete the documentation

Golkow Technologies, Inc. - 1.877.370.DEPS

Kevin Wilson
Page 92
1

as they have directed here.

So I would take that to

2

mean that Phillips Chemical sold this to Phillips

3

Puerto Rico Core because they've asked us to consign

4

the cargo to them.
We, in turn, would have conveyed

5
6

this, the same information to -- under this

7

transaction -- to EcoFUELS.

8
9
10

Q.

So could you walk me through the points

of transfer of title from EcoFUELS transferring to
Tauber --

11

A.

Uh-huh.

12

Q.

-- all the way through Phillips Puerto

13

Rico Core, Inc., receiving title?

14

A.

I can't really speak to that from what

15

we have here.

16

seeing, is that we received title from EcoFUELS at

17

point of loading in Venezuela.

18

to Phillips 66 in Bartlesville at Venezuela when the

19

vessel product loaded from the whatever delivering

20

facility was in Venezuela to the ship's rail is when

21

title passed.

22

Q.

And on Tauber002144, the request --

23

A.

2144, okay.

24

Q.

-- the page that we were looking at.

But I can say that, based on what I'm

We passed that title

Golkow Technologies, Inc. - 1.877.370.DEPS

Kevin Wilson
Page 93
1

A.

Right.

2

Q.

On this page, under "documentation" --

3

A.

Uh-huh.

4

Q.

-- Tauber's role is providing documents

5

to Phillips Puerto Rico Core, Inc.?
A.

6

It's -- it's providing documents to

7

Phillips Chemical Company.

See, it's customary in

8

this business that whoever the ultimate consignee

9

is, so that documents don't have to be changed,

10

because -- under normal circumstances here, EcoFUELS

11

would consign the cargo to Tauber, Tauber could have

12

new bills of lading produced and consign the

13

product, consign it to Phillips 66 company, who we

14

contracted.

15

and have them consigned to Phillips Puerto Rico

16

Core, who is their customer.

Phillips 66 could change the documents

To eliminate these changes in bill

17
18

of lading documentation, it's customary for the end

19

user to provide those documentations records back up

20

the supply chain and it be done right the first

21

time.

22

Phillips.

23

proper documents --

24

It's no bearing on our contract with

Q.

It's just a courtesy to provide them

So --

Golkow Technologies, Inc. - 1.877.370.DEPS

Kevin Wilson
Page 94
A.

1

-- for the importation of a product into

2

Puerto Rico, which in this case is not -- which

3

is -- it's not clear here who was importing this.

4

Probably Phillips Puerto Rico Core, but that's a

5

guess.
Q.

6

Do you have any independent facts to

7

indicate that this approximate volume of 50,000

8

barrels of MTBE was not delivered to Guayama, Puerto

9

Rico?
MS. FARLEY:

10
11

A.

Objection, form.

No idea.
(Exhibit No. 9 marked.)

12
13

BY MR. SHORT:

14

Q.

15

Okay.

Exhibit No. 9.
MR. SHORT:

16
17

The court reporter has handed you

A copy for counsel.

Another copy for counsel.

18

A.

This is an old one.

19

BY MR. SHORT:

20

Q.

And this document, for the record, is

21

Bates stamped Tauber001945, and is a sales

22

acknowledgement dated August 8th, 1985.

23

A.

Okay.

24

Q.

Were you working at Tauber in 1985?

Golkow Technologies, Inc. - 1.877.370.DEPS