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

Filing 4098

STIPULATION RELATED TO NJ MTBE SETTLEMENTS: Plaintiffs and defendant CITGO Petroleum Corporation ("Citgo") entered into a settlement agreement (the "Citgo Settlement") that was submitted to this Court for approval; and certain non-settling defendants objected to the Citgo Settlement; and the Court denied the motion to approve the Citgo Settlement; THEREFORE, in response to the Court's decision and the objections of the non-settling defendants, Plaintiffs and Defendants stipulate and agree as follows: Plaintiffs will enter into the stipulation attached hereto as Exhibit A for any defendant that enters into a written settlement with Plaintiffs in this litigation, notice of which is provided to the Court by the Plaintiffs and settling defendant(s) prior to the first of either (a) commencement of opening statements in the first trial of one or more of the Trial Sites identified in CMO 107 in Phase 1 of this litigation, or (b) the Court issuing an order that forecloses such a trial... All Defendants that previously objected to the Citgo Settlement in the past hereby expressly withdraw their objections to such settlement, and as further set forth herein. (Signed by Judge Shira A. Scheindlin on 10/1/2014) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(ja) Modified on 10/2/2014 (ja).

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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IN RE METHYL TERTIARY BUTYL
ETHER ("MTBE") PRODUCTS LIABILITY
LITIGATION

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

This document relates to:
New Jersey Department of
Environmental Protection, et al.
v. Atlantic Richfield Co.,
et al., 08 Civ. 00312

STIPULATION RELATED TO
NJ MTBE SETTLEMENTS

SHIRA A. SCHEINDLIN, U.S.D.J.:

WHEREAS Plaintiffs and defendant CITGO Petroleum Corporation
("Citgo'')

entered

into

a

settlement

agreement

(the

"Citgo

Settlement") that was submitted to this Court for approval; and
WHEREAS certain non-settling defendants objected to the Citgo
Settlement; and
WHEREAS the Court denied the motion to approve the Citgo
Settlement;
THEREFORE,
objections

of

in
the

response

to

non-settling

the

Court's

defendants,

decision

and

Plaintiffs

the
and

Defendants stipulate and agree as follows:
1. Plaintiffs will enter into the stipulation attached hereto
as Exhibit A for any defendant that enters into a written
settlement with Plaintiffs in this litigation, notice of

::·.·. ·.. :.·.. ·:.·:

which

is

provided

to

settling defendant (s)

the

·~. ',

'.- ~

..:-;:·..;.··.

··~·-:·:

Court

by

prior to the

the

Plaintiffs

and

first of either

(a)

commencement of opening statements in the first trial of
one or more of the Trial Sites identified in CMO 107 in
Phase

1

of this litigation,

or

(b)

the Court issuing an

order that forecloses such a trial.
2. Defendants will not object to,

submit comments on, or in

any way impede, any settlement that has been or will be
reached in this litigation, so long as:
(i) the material terms (other than the settlement value)
of such settlement do not materially differ from the Citgo
Settlement(attached

hereto

as

Exhibit

settlement is less than $3 million,

or

B),

if

such

the George E. Warren

Corporation settlement (attached hereto as Exhibit C) ; and
(ii) notice of the settlement is provided to the Court by
Plaintiffs and the settling defendant(s) prior to the first
of

(a)

commencement of opening statements in the first

trial of one or more of the Trial Sites in Phase 1 of this
litigation,

or

(b)

the

Court

issuing

an

order

that

the

Citgo

forecloses such a trial.
3. All

Defendants

Settlement

that

previously

objected

to

in the past hereby expressly withdraw their

objections to such settlement.

4. This Stipulation is expressly contingent and effective only
upon the approval by the Court of the Citgo Settlement.

FOR PLAINTIFFS:
COHN LIFLAND PEARLMAN

JOHN J. HOFFMAN

HERRMANN & KNOPF LLP

ACTING ATTORNEY GENERAL

OF NEW JERSEY
Special Counsel to the
Attorney General

BY:

BY:

Gwen Farley,
Deputy Attorney General
FOR NON-SETTLING DEFENDANTS:

BY:
Peter John Sacripanti

James A. Pardo
Stephen J. Riccardulli
Lisa A. Gerson
LLP
Madison Avenue
York, New York 10173
[phone]
[phone]

McDERMOTT WILL & EMERY

340
New
T:
F:

Counsel for Exxon Mobil
Corporation, ExxonMobil Oil
Corporation, Mobil
Corporation, and on behalf of

Non-Settling Defendants
listed on Attachment 1

Sep 30 2014 12:32

Fax:[phone]

P.02

····.··:'.;··.

4. This Stipulation is expressly contingent and effect.ive only

upon the approval by the Court of the Citgo Settlement.

FOR PLAINTIFFS:
COHN LIFLAND PEARLMAN
HERRMANN & KNOPF LLP

JOEN .J. l!OFFMAN
ACTING ATTORNEY GENERAL
OF NEW JERSEY

Special Counsel to the
General

Atto~ney

BY:

BY:

[,eonard Z. Kaufmann,
A Member of the Firm

FOR NON-SETTLING DEPENDANTS:

BY:

Peter Johri Sacripanti
James A. Pardo
Stephen J. Riccardulli
Lisa A. Gerson
MCDlffiMoTT WILL & EMERY LLP

340 Madison Avenue
New York, New York 10173
T:
F:

[phone]
[phone]

Coilllsel ror Bxxon Mobil
Corporation, ExxonMobil Oil
Corporation, Mobil
Corporation, and on behalf of
Non-Settling Defendants
listed on Attachment l

Gwen Farley,
Deputy Attorney

--,--·-.- -·-·

4. This Stipulation is expressly contingent and effective only
upon the approval by the Court of the Citgo Settlement.

FOR PLAINTIFFS:
COHN LIFLAND PEARLMAN
HERRMANN & KNOPF LLP

J'OHN J. HOFFMAN
ACTING ATTORNEY GENERAL
OF NEW JERSEY

Special Counsel to the
Attorney General

BY:

BY:

Leonard Z. Kaufmann,
A Member of the Firm
FOR NON-SETTLING DEFENDANTS:

BY:

James
Stephen J. Riccardulli
Lisa A. Gerson
McDERMOTT WILL & EMERY LLP
340 Madison Avenue
New York, New York 10173
T:
[phone]
F:
(212} 547-5444
Counsel for Exxon Mobil
Corporation, ExxonMobil Oil

Corporation, Mobil
Corporation, and on behalf of
Non-settling Defendants
listed on Attachment 1

SO ORDERED:

Gwen Farley,
Deputy Attorney General

A'l"l'ACHMENT 1
Atlantic Richfield Company
BP America, Inc.
BP Amoco Chemical Company
BP Amoco Corporation
BP Products North America, Inc.
Chevron Corporation
Chevron U.S.A. Inc.
Kewanee Industries, Inc.
Unocal Corporation
Coastal Eagle Point Oil Company
El Paso Corporation
ConocoPhillips Company
Crown Central Petroleum Corporation
CUmberland Farms, Inc.
Gulf Acquisition LLC
Gulf Oil Limited Partnership
Duke Energy Merchants, LLC
Equilon Enterprises, LLC
Motiva Enterprises, LLC
Shell Oil Company
Shell Oil Products Company LLC
Shell Trading (US) Company
ExxonMobil Corporation
ExxonMobil Oil Corporation
Mobil Corporation
Getty Petroleum Marketing, Inc.
Lukoil Americas Corporation
Getty Properties Corp.
Lyondell Chemical Company
Lyondell-Citgo Refining, LP
Rosemore Inc.
Sunoco, Inc .
Sunoco, Inc. (R&M)
Total Petrochemicals USA, Inc.
Vitol S.A.

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EXHIBIT

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

-

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

IN RE METHYL TERTIARY BUTYL
ETHER ("MTBE") PRODUCTS LIABILITY
LITIGATION

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

This document relates to:
New Jersey Department of
Environmental Protection, et al.
v. Atlantic Richfield Co.,
et al., 08 Civ. 00312

STIPULATION RELATED TO
SETTLEMENT WITH [NAME OF
SETLLING DEFENDANT]
ONLY

SHIRA A. SCHEINDLIN, U.S.D.J.:

WHEREAS

{"[SHORT

Plaintiffs

FORM

FOR

and

SETTLING

settlement agreement

defendant
DEFENDANT

{SETTLING

NAME]")

(the "[SETTLING DEFENANT]

DEFENDANT]

entered

into

a

Settlement"} that

is being submitted to this Court for approval; and
WHEREAS

certain

non-settling

defendants

have

previously

objected to the settlement in this case between defendant CITGO
Petroleum Corporation and Plaintiffs; and
WHEREAS the Court denied the motion to approve the settlement
between CITGO Petroleum Corporation and Plaintiffs;
THEREFORE,

previous

in

response

to

the

Court' s

decision

objections of the non-settling defendants,

stipulate and agree as follows:

and

the

Plaintiffs

. ---···---·. ··--·· ·-··--·

____.________ .::.· ... ·----

··-··--;

1.

·-

Plaintiffs

agree

to

reduce

any

judgment,

and

if

necessary, agree not to seek to collect or to collect in this
litigation, captioned New Jersey Department of Environmental

Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312
(S.D.N.Y.), or in any subsequent judicial, administrative or
other action that arises as a result of the claims asserted
in this litigation, any portion of any judgment under the New
Jersey Spill Compensation and Control Act,

N.J.S.A.

58:10-

23.11 to -23.24 ("Spill Act"), that is allocated by the fact
finder in this action to

[SETTLING DEFENDANT]

percentage of relative fault.

based on its

Plaintiffs further agree that

in any trial of this action, the trier of fact shall determine
[SETTLING DEFENDANT] 's percentage of relative fault for Spill
Act claims in the same manner and in the same form of trial
verdict

as

defendants,

for

common

as if

law

claims

and

[SETTLING DEFENDANT]

as

for

all

other

had remained a non-

settling defendant.
2.

Except

as

provided

in

paragraph

Stipulation is strictly limited to the

1

above,

this

[SETTLING DEFENDANT]

Settlement in this litigation and in no other way limits or
reduces the liability of any responsible party.
3.
only

This Stipulation is expressly contingent and effective
upon

the

approval

DEFENDANT] Settlement.

by

the

Court

of

the

(SETTLING

COHN LIFLAND PEARLMAN

JOHN J. HOFFMAN

HERRMANN & KNOPF LLP

ACTING ATTORNEY GENERAL
OF NEW JERSEY

Special Counsel to the
Attorney General
BY:

BY:

Leonard Z. Kaufmann,
A Member of the Firm

Gwen Farley,
Deputy Attorney General