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

Filing 4237

LETTER addressed to Judge Shira A. Scheindlin from JAMES A. PARDO dated 7/20/15 re: Defendants Pre-Conference Letter for July 28, 2015 Status Conference. Document filed by Exxon Mobil Corporation(formerly known as Exxon Corporation doing business as Exxon Mobil Refining and Supply Company, doing business as Exxon Chemical U.S.A formerly known as Exxon Mobil Chemical Corporation,). (Attachments: # 1 JOINT AGENDA)(Pardo, James)

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James A. Pardo
Attorney at Law
[e-mail]
[phone]

July 20, 2015
BY HAND DELIVERY AND ELECTRONIC MAIL

The Honorable Shira A. Scheindlin
United States District Judge
Southern District of New York
Daniel Patrick Moynihan Courthouse
500 Pearl Street, Room 1620
New York, New York 10007-1312
Re:

Master File C.A. No. 1:00-1898 (SAS), M21-88, MDL No. 1358
Defendants’ Pre-Conference Letter for July 28, 2015 Status Conference

Dear Judge Scheindlin:
Defendants respectfully submit this letter in advance of the July 28, 2015 conference.
JOINT AGENDA ITEM
I.

Commonwealth of Pennsylvania: Report on CMO Negotiations

The parties are continuing to meet and confer regarding a joint proposed CMO.
Defendants will provide the Court with an update on those discussions in their reply letter.
PLAINTIFFS’ AGENDA ITEM
I.

Commonwealth of Puerto Rico I & II: Implications of Post-Fraguada Development in
Puerto Rico Law

On July 14, Plaintiffs submitted a letter to the Court indicating that they had discovered a
number of post-Fraguada cases allegedly impacting certain of the Court’s prior rulings on
statute of limitations. As also indicated in that letter, Plaintiffs discussed these cases – and their
alleged implication – in opposition to the motion for summary judgment of certain Shell
defendants. See Ltr. from S. Kauff to Court (July 14, 2015), at 1 n.1. Therefore, the moving
Shell entities will timely respond to Plaintiffs’ new arguments in their reply brief, which is due
Friday, July 24. In the interim, it is sufficient to say that Defendants disagree that these cases
would have had any impact on the Court’s prior decisions or that they demonstrate a

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340 Madison Avenue New York New York 10173-1922 Telephone: [phone] Facsimile: [phone] www.mwe.com

The Honorable Shira A. Scheindlin
July 20, 2015
Page 2
“development” in Puerto Rico law. Defendants will be ready to address this issue with the Court
on July 28 should the Court have any questions.
***
As always, we appreciate your Honor’s attention to this matter and ask that this letter be
docketed by the Clerk’s Office so that it is part of the Court’s file.
Sincerely,

James A. Pardo
James A. Pardo
cc: All Counsel of Record by LNFS, Service on Plaintiffs’ Liaison Counsel