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

Filing 4164

NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE UNDER FED. R. CIV. P. 41(a)(1) AS TO LYONDELL CHEMICAL COMPANY: that Plaintiffs dismiss Lyondell with prejudice from the Litigation pursuant to Fed. R. Civ. P 41(a)(1). Lyondell Chemical Company terminated. (Signed by Judge Shira A. Scheindlin on 1/21/2015) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-01014-SAS (tn)

In Re: Methyl Tertiary Butyl Ether ("MTBE")
Products Liability Litigation
This document relates to:
Civil Action
Commonwealth of Puerto Rico, et al.
v. Shell Oil Company, et al., No. 14 Civ. 01014

NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE
UNDER FED. R. CIV. P. 41(a)(l) AS TO LYONDELL CHEMICAL COMPANY
TO THE HONORABLE COURT:
PLEASE TAKE NOTICE that Plaintiffs, the Commonwealth of Puerto Rico and the
Commonwealth of Puerto Rico through the Puerto Rico Environmental Quality Board
(collectively referred to as "Plaintiffs"), by and through their undersigned counsel, respectfully
submit this Notice of Voluntary Dismissal With Prejudice pursuant to Fed. R. Civ. P. 4l(a)(l) as
to Defendant Lyondell Chemical Company ("Lyondell").

WHEREAS Plaintiffs initially filed their Complaint on or about September 4, 2013 in
the United States District Court for the District of Puerto Rico. This case was originally
captioned as Civ. No. 3:13-cv-01678-ADC (this matter is hereinafter referred to as "the
Litigation").

WHEREAS The Litigation is currently pending as part of a multidistrict litigation in the
United States District Court for the Southern District of New York, MDL 1358 (SAS), Master
File No. 1:00-1898, No. 1: 14-cv-O 1014-SAS;
WHEREAS Lyondell has not submitted an answer or a motion for summary judgment in

the Litigation;

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Case 1:14-cv-01014-SAS Document 115 Filed 01/16/15 Page 2 of 3

WHEREAS Plaintiffs and Lyondell have agreed to a dismissal with prejudice of

Lyondell from the Litigation;

IT IS HEREBY NOTICED THAT Plaintiffs dismiss Lyondell with prejudice from the

Litigation pursuant to Fed. R. Civ. P 41(a)(l).
RESPECTFULLY SUBMITTED.
Dated: January 16, 2015
/s Jorge L. Flores De Jesus
Puerto Rico Department of Justice
Jorge L. Flores De Jesus
Legal Counsel
P.O. Box 9020192
San Juan, Puerto Rico 00902-0192

/s Orlando H. Martinez
Orlando H. Martinez Law Offices
Orlando H. Martinez-Echevarria
Special Counsel for the Secretary of Justice
Centro de Seguros, Suite 413
701 Ponce de Le6n A venue
San Juan, Puerto Rico 00907

/s John K. Dema
Law Offices of John K. Dema, P.C.
John K. Dema
Special Counsel for the Secretary of Justice
1236 Strand Street, Suite I 03
Christiansted, St. Croix
U.S. Virgin Island 00820-5008

/s William J. Jackson
Jackson Gilmour & Dobbs, P.C.
William J. Jackson
John D.S. Gilmour
Special Counsel for the Secretary of Justice
3900 Essex lane, Suite 700
Houston, Texas 77027

/s Michael D. Axline
Miller & Axline
Duane C. Miller
Michael D. Axline
Special Counsel for the Secretary of Justice
1050 Fulton A venue, Suite 100
Sacramento, California 95825

SO ORDERED:

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Case 1:14-cv-01014-SAS Document 115 Filed 01/16/15 Page 3 of 3

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Notice of Voluntary

Dismissal With Prejudice Under Fed. R. Civ. P. 41 (a)(l) as to Lyondell Chemical Company was
electronically served this 16th day of January 2015 upon all counsel of record for Plaintiffs and
Defendants in MDL No. 1358 via LexisNexis File & Serve.

s/John K. Dema

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