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

Filing 4258

NOTICE of Settlement With Lyondell Chemical Company Only. Document filed by The New Jersey Department of Environmental Protection. (Wren, Tyler)

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.j
et al., 08 Civ. 00312

STIPULATION RELATED TO
SETTLEMENT WITH LYONDELL
CHEMICAL COMPANY ONLY

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

WHEREAS Plaintiffs and defendant Lyondell Chemical Company
("Lyondell")

entered into a settlement agreement

(the "Lyondell

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

objections

response
of

to

the

Court's

decision

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.)

1

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,
23.11 to -23.24

("Spill Act")

1

N.J.S.A.

58:10-

that is allocated by the fact

finder in this action to Lyondell based on its percentage of
relative fault. Plaintiffs further agree that in any trial of
this

action,

the trier of fact

shall determine Lyondell's

percentage of relative fault for Spill Act claims in the same
manner and in the same form of trial verdict as for common
law claims and as for all other defendants,

as if Lyondell

had remained a non-settling defendant.
2.

Except

as

provided

in

paragraph

1

above,

this

Stipulation is strictly limited to the Lyondell 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

Settlement.

the

approval

by

the

Court

of

the

Lyondell

COHN LIFLAND PEARLMAN
HERRMANN & KNOPF LLP

JOHN J. HOFFMAN
ACTING ATTORNEY GENERAL
OF NEW JERSEY

Special Counsel to the
Attorney General

BY:

Is/Leonard Z. Kaufmann
Leonard Z. Kaufmann,
A Member of the Firm
DATE:

BY:

Is/ Gwen Farley
Gwen Farley,
Deputy Attorney General
DATE: