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

Filing 4174

LETTER addressed to Judge Shira A. Scheindlin from Pamela R. Hanebutt dated 02/18/2015 re: Stipulation of Dismissal of Insurance Claims Against CITGO. Document filed by Citgo Petroleum Corporation(formerly known as Cities Service RMT Corporation), Citgo Refining and Chemicals Company L.P.. (Attachments: # 1 Stipulation of Dismissal of Insurance Claims Against CITGO, # 2 Text of Proposed Order)(Hanebutt, Pamela)

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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 (SAS) MDL No. 1358 This document pertains to: Commonwealth of Pennsylvania v. Exxon Mobil Corporation, et al., Case No. 14-cv-06228 STIPULATION OF DISMISSAL OF INSURANCE CLAIMS AGAINST CITGO WHEREAS Plaintiffs have agreed to dismiss without prejudice their insurance claims (as defined below) against CITGO Petroleum Corporation and CITGO Refining and Chemicals Company L.P. (collectively “CITGO”); WHEREAS the parties have agreed to jointly request that the Court enter the attached proposed order of dismissal: THE PARTIES HEREBY STIPULATE AND AGREE that Count VII (subrogation), Count VIII (unjust enrichment) and Count IX (Pennsylvania Storage Tank and Spill Prevention Act) of the Amended Complaint, which collectively are defined as the “Insurance Claims,” are dismissed without prejudice as to CITGO. All other claims in the Amended Complaint remain pending and unaffected by this Stipulation. THE PARTIES FURTHER STIPULATE AND AGREE that each of the parties to this stipulation shall bear and pay its own costs, expenses, and attorneys’ fees heretofore incurred in connection with the claims made against CITGO in Counts VII, VIII and IX of the Amended Complaint. SO STIPULATED. Dated: February 18, 2015 THE COMMONWEALTH OF PENNSYLVANIA, BY AND THROUGH PENNSYLVANIA ATTORNEY GENERAL KATHLEEN G. KANE, THE PENNSYLVANIA INSURANCE DEPARTMENT, THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND THE PENNSYLVANIA UNDERGROUND STORAGE TANK INDEMNIFICATIN FUND By: s/ Stephen A. Corr Stephen A. Corr ( Special Counsel to the Commonwealth of Pennsylvania STARK & STARK, P.C. 777 Township Line Road, Suite 120 Yardley, Pennsylvania 19067 Ph. (267) 907-9600 Fax (267) 907-9659 CITGO PETROLEUM CORPORATION AND CITGO REFINING AND CHEMICALS COMPANY L.P. By: s/ Pamela R. Hanebutt Nathan P. Eimer ( (New York Bar No. 1976067) Pamela R. Hanebutt ( Lisa S. Meyer ( EIMER STAHL LLP 224 South Michigan Avenue, Suite 1100 Chicago, IL 60604 Ph. 312-660-7600 Fax 312-692-1718

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