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

Filing 4286

LETTER addressed to Judge Shira A. Scheindlin from Michael Axline dated November 16, 2015 re: Extension of Time to File Second Amended Complaint. Document filed by The Commonwealth of Pennsylvania.Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:14-cv-06228-SAS(Axline, Michael)

Law Offices of

MILLER & AXLINE
A Professional Corporation

TRACEY L. O'REILLY
DANIEL BOONE
JUSTIN MASSEY
BRYAN BARNHART
DAVEE.BLUM
MOLLY MCGINLEY HAN

DUANE C. MILLER
MICHAEL AXLINE

November 16, 2015

VIA EMAIL AND FEDERAL EXPRESS
The Honorable Shira A. Scheindlin
United States District Court
Southern District ofNew York
500 Pearl Street, Room 1620
New York, New York 10007
Re:

In re Methyl Tertiary Butyl Ether ("MTBE ") Products Liability Litigation
Commonwealth ofPennsylvania v. Exxon Mobil Corp., et al.
MDL No. 1358; Case No. 1:14-cv-06228-SAS
Extension of Time to File Second Amended Complaint

Dear Judge Scheindlin:
This Court gave permission to the Commonwealth of Pennsylvania to file a Second
Amended Complaint by November 6, 2015. On that date, the Commonwealth filed its Second
Amended Complaint through the CM/ECF system and served the Complaint on previously
named defendants via both ECF and File & ServeXpress. The Commonwealth has also
requested summonses in order to begin the process of serving new defendants.
The clerk's office for the Southern District of New York subsequently issued a rejection
notice for the Second Amended Complaint due to technical defects in the filing involving
identification of the new defendants on the CM/ECF system. Over the next several days,
counsel for Plaintiff consulted with the clerk's office on several occasions to address this issue.
As .a consequence, the Second Amended Complaint was docketed as Docket numbers 173, 174
and 175. The clerk's office, however, is now rejecting the filing due to the fact the Court's
permission to file the Second Amended Complaint expired on November 6, 2015.
Counsel diligently. attempted to effectuate the filing of the Second Amended Complaint
on November 6, 2015. The defendants were served both through ECF and File & ServeXpress
on November 6, 2015.
We respectfully request that the Court enter an order allowing the Commonwealth to file
its Second Amended Complaint as served on November 6, 2015 nunc pro tune. No party would

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be prejudiced by such an order. As always, we appreciate the Court's consideration of this
request.

Sincerely,

Counsel for the Commonwealth of Pennsylvania
Encl.
cc: All Counsel via File & ServeXpress

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:
Commonwealth ofPennsylvania, et al. v. Exxon
Mobil Corporation, et al.,
Case No. 1:14-cv-06228 SAS

[PROPOSED] ORDER

Now this _ _ _ day of November, 2015, the Clerk of Court shall accept and
deem the Commonwealth of Pennsylvania's Second Amended Complaint (Docket No.
173, 174 and 175) as being filed as of November 6, 2015. Defendants' have until
December 7, 2015, to respond.

SO ORDERED

DATED: New York, New York
- - - - - - ' 2015

Shira A. Scheindlin, U.S.D.J.