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

Filing 4375

LETTER addressed to Judge Shira A. Scheindlin from JAMES A. PARDO dated 2/8/16 re: Defendants' Pre-Conference Letter for the February 16, 2016 Status Conference. Document filed by Exxon Mobil Corp. (Attachments: # 1 Exhibit JOINT AGENDA)(Pardo, James)

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

February 8, 2016
BY ELECTRONIC MAIL AND HAND DELIVERY
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 February 16, 2016 Status Conference

Dear Judge Scheindlin:
Defendants respectfully submit this letter in advance of the February 16 conference.
DEFENDANTS’ AGENDA ITEMS
I.

New Jersey: Defendants’ Request for NJDEP to Update Its 2012 Hazardous Sites
Database Production

Defendants have asked Plaintiffs to update their production of data from the State’s
HazSite database. This database is used to track MTBE (and other contaminant) levels at sites in
New Jersey. Plaintiffs’ last production (in 2012) only provided data through the first few months
of that year. Defendants want this updated data so that we can understand the most current stateof-play at each of the Non-Trial Sites, which will help guide us (and Plaintiffs) in fashioning a
discovery plan for those sites.
Plaintiffs have not agreed to Defendants’ requests to update this production since October
2015, but have now offered to confer about it and other Phase II discovery issues. Defendants
hope to begin that conversation next week and will be prepared to report on the status of
discussions at the February 16 conference.

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The Honorable Shira A. Scheindlin
February 8, 2016
Page 2

Respectfully submitted,

James A. Pardo
James A. Pardo
cc:

Plaintiffs’ Liaison Counsel (by email)
All counsel of record (by LNFS)