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

Filing 4013

ORDER OF DISMISSAL WITH PREJUDICE: After having considered the foregoing Stipulation of Dismissal with Prejudice as to Stations "Shell #204359403," "USA Gasoline #141" and "Shell #6502," and for good cause shown, the Court hereby: ORDERS, ADJUDGES, AND DECREES that all claims and demands of Plaintiff Orange County Water District against all defendants in the case with regard to stations located at 8471 Warner Avenue, Huntington Beach, California, 14600 Edwards Street, Westminster, California and 6502 Bolsa Avenue, Huntington Beach, California, are hereby DISMISSED WITH PREJUDICE. All parties to bear their own costs and fees. (Signed by Judge Shira A. Scheindlin on 6/10/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04968-SAS(lmb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN RE METHYL TERTIARY BUTYL
ETHER PRODUCTS LIABILITY
LITIGATION

This Document Relates to:
Orange County Water District v. Unocal
Corporation, et al.,
Case No. 04 Civ. 4968 (SAS)

STIPULATION OF DISMISSAL WITH PREJUDICE AS TO STATIONS "SHELL
#204359403," "USA GASOLINE #141," AND "SHELL #6502"
This STIPULATION OF DISMISSAL WITH PREJUDICE is entered into on

this'~

day of June 2014 by and between Plaintiff Orange County Water District ("OCWD") and
Defendants USA Gasoline Corporation, now known as Moller Investment Group, Inc. ("USA
Gasoline"), and Shell Oil Company, Equilon Enterprises LLC, and TMR Company (formerly
known as Texaco Refining and Marketing Inc.) (USA Gasoline and Shell are referred to
collectively herein as the "Defendants") (OCWD and Defendants are referred to collectively
herein as the "Parties").
WHEREAS the Court ordered the Parties to select "focus plumes" for the purposes of full
discovery;
WHEREAS the Court directed the Parties to further narrow the universe of focus plumes
to a total of ten focus plumes to be used for trial;
WHEREAS OCWD identified the station located at 8471 Warner Avenue, Huntington
Beach, California (referred to by OCWD as "Shell #204359403") as part of its designated Plume
#1, and the stations located at 14600 Edwards Street, Westminster, California (referred to by

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Case 1:04-cv-04968-SAS Document 343

Filed 06/06/14

Page 2 of 5

OCWD as "USA Gasoline 141 ") and 6502 Bolsa A venue, Huntington Beach, California
(referred to by OCWD as "Shell #6502"), as part of its designated Plume #9 (collectively, the

"Stations");
WHEREAS the parties have completed all discovery related to the "focus plume"
stations, including the Stations;
WHEREAS Defendants intend to move for summary judgment with regard to the
Stations;
WHEREAS OCWD has agreed to eliminate the Stations from the focus plumes and drop
all claims as to the Stations, rendering it unnecessary for Defendants to move for summary
judgment with regard to the Stations;
WHEREAS the parties have agreed to bear their own costs and fees;
WHEREAS the Parties now respectfully request that the Court enter the following
stipulation and order of dismissal:
THE PARTIES HEREBY STIPULATE AND AGREE that any and all claims ofOCWD
as to the Stations are hereby dismissed with prejudice as to all defendants in the case.
THE PARTIES FURTHER STIPULATE AND AGREE that the Court is hereby
authorized and requested to execute and enter the Order of Dismissal, a copy of which is
attached hereto, and to make all such orders and judgments which may be necessary and proper
to dismiss the above-entitled action with regard to the Stations with prejudice.

2

Case

1:04-cv~04968-SAS

Docar11e11t 343 Filed 06i06/14 Page 3 of 5

SO STIPULATED.

Dated:

~o/JY

MILLER, AXLINE & SA WYER
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Duan1e Mlller
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Micha~! Axline
Attorneys for Plaintifl OCWD

By .

Dated: _ _ _ __

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MANA TT, PHELPS & PHILLIPS, L.L.P.

By:-----------Peter Duchesneau

Attorneys/or Defendant USA Gasoline
Corporation, now known as Moller 11111eslment
Group, Inc.

Attorneys for Defendants Site!/ Oil Company,
Equilon Enterprises LLC, and Tl'rfR Compm~y
(formerly known as Texaco Refining and
Marketing Inc.)

CERTIFICATE OF' SERVICE
l hereby certify that I have this_
, 2014, served by Lexis/Nexis File &
Serve, a copy of the forgoing pleading on all pmiies of record.

(Name)

3

c_c::t~.~--LQ+c_v-04968-SAS

Document 343 Filed OqLQB/.14 Page 4 o_f 5..

SO STIPULATED.

Dated: _ _ _ __

MILLER, AXLINE & SA ~R
By: _ _ _ _ _ _ _ _ _ _ __
Duane Miller
Michael Axline
Attorneys for Plaintiff OCWD

Dated;

£/_t I /rAttomeys for Defendant USA Gasoline
Co1poration, now known as Moller I11vest111e111
Group, Inc.

SEDi~~LLP
By:

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Peter~Condron

Attorneys for Defeudams Sl1ell Oil Company,
Equilo11 E11te17J1·ises LLC, amt TMR Company
(formerly known as Texaco Refining and
Marketing Inc.)

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CERTIFICATE OF SERVICE
I hereby certify thot I have this
Serve, a copy of the forgoing pleading

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, 2014, served by Lexis/Nexis File &
all parties of r e m
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(Name)

3

Case 1:04-cv-04968-SAS Document 343 Filed 06/06/14 Page 5 of 5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN RE METHYL TERTIARY BUTYL
ETHER PRODUCTS LIABILITY
LITIGATION

Master File No. 1:00-1898
MDL 1358 (SAS), M21-88

This Document Relates to:
Orange County Water District v. Unocal
Corporation, et al.,
Case No. 04 Civ. 4968 (SAS)

[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE
After having considered the foregoing Stipulation of Dismissal with Prejudice as to
Stations "Shell #204359403," "USA Gasoline #141" and "Shell #6502," and for good cause
shown, the Court hereby:

ORDERS, ADJUDGES, AND DECREES that all claims and demands of
Plaintiff Orange County Water District against all defendants in the case with regard to stations
located at 8471 Warner Avenue, Huntington Beach, California, 14600 Edwards Street,
Westminster, California and 6502 Balsa Avenue, Huntington Beach, California, are hereby

DISMISSED WITH PREJUDICE. All parties to bear their own costs and fees.

IT IS SO ORDERED.

in, U.S.D.J. /
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