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

Filing 4378

STIPULATION RELATED TO SETTLEMENT WITH DUKE ENERGY ONLY MERCHANTS LLC: THEREFORE, in response to the Court's decision and the previous objections of the non-settling defendants, Plaintiffs stipulate and agree as follows: 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.), 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 Duke based on its percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine Duke'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 Duke had remained a non-settling defendant. Except as provided in paragraph 1 above, this Stipulation is strictly limited to the Duke Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. This Stipulation is expressly contingent and effective only upon the approval by the Court of the Duke Settlement. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 2/19/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(kl)