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

Filing 4368

STIPULATION RELATED TO SETTLEMENT WITH COASTAL EAGLE POINT OIL COMPANY AND EL PASO CORPORATION (n/k/a/ El PASO LLC) ONLY: 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, 09 Civ. 00312 (S.D.N.Y.), 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, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the fact finder in this action to Coastal based on its percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine Coastal'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 Coastal had remained a non-settling defendant. Except as provided in paragraph 1 above, this Stipulation is strictly limited to the Coastal Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. SO ORDERED. Coastal Eagle Point Oil Company, Coastal Eagle Point Oil Company, Coastal Eagle Point Oil Company, El Paso Corporation, El Paso Corporation, El Paso Corporation, El Paso Corporation, Coastal Eagle Point Oil Co and Coastal Eagle Point Oil Company terminated. (Signed by Judge Shira A. Scheindlin on 1/28/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)