In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation
Filing
4385
CONSENT DECREE AS TO DUKE ENERGY MERCHANTS, LLC ONLY: THEREFORE, with the consent of the Parties to this Consent Decree, it is hereby ORDERED and ADJUDGED: This case was removed to the United States District Court for the District of New Jersey pursuant to 28 U.S. C. § 1446(d) and the Energy Policy Act of 2005, 42 U.S.C. § 7545, et seq., which expressly authorized the removal of legal actions related to allegations involving MTBE contamination, and then assigned to the Southern District of New York ("S.D.N.Y.") as part of the Multi-District Litigation. For purposes of approving and implementing this Consent Decree, the Parties to this Consent Decree waive all objections and defenses they may have to the jurisdiction of this Court over the Parties and this Consent Decree. The Parties shall not challenge the S.D.N.Y.'s jurisdiction to enforce this Consent Decree against the parties to this Consent Decree. Within fourteen (14) days after the effective date of this Consent Decree, Duke shall pay the Plaintiffs One Million Seven Hundred Thousand Dollars ($1,700,000.00). (As further set forth in this Order) Duke Energy Merchants, LLC terminated. (Signed by Judge Shira A. Scheindlin on 2/19/2016) (kl) Modified on 2/29/2016 (kl). (Additional attachment(s) added on 2/29/2016: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Appendix E, # 6 Appendix F) (kl).
Wedeking,
Esq.
of Sidley Austin LLP,
appearing as attorney for
defendant Duke Energy Merchants, LLC ( '\Duke 11 )
i
and these· Parties
having amicably resolved their dispute before trial:
I.
A.
BACKGROUND
The Plaintiffs initiated this action on or around June
28, 2007 by filing a complaint against Duke and other defendants·
in the Superior Court of the State of New Jersey, Mercer County,
Docket
MER-L-1622-07,
Compensation
(
11
and
the Spill Act 11 )
N.J. S .A.
pursuant
Control
,
Act,
to
the
N.J. S .A.
New
Jersey
58:10-23.11
to
Spill
-23.24
the New Jersey Water Pollution Control Act,
58: 10A-1 to
-20,
and the common law.
The action was
removed to the United States District Court for the District of
New Jersey,
and later assigned to the multi-district litigation
in the United States District Court for the Southern District of
New York,
MDL No. 1358
(SAS)
(\\Multi-District Litigation"),
for
coordinated pre-trial proceedings.
B.
The
Plaintiffs
filed
amended
complaints,
the
latest
being the Fourth Amended Complaint, which was filed on June 19,
2012 (the "Complaint 11 ) .
c.
Plaintiffs,
in their Complaint,
seek past and future
damages they allegedly have incurred and will incur as a result
of alleged widespread contamination of the waters of New Jersey
by methyl tertiary butyl ether ( "MTBE'') .
2
D.
Plaintiffs,
in their Complaint,
seek past and future
costs they allegedly have incurred and will incur as a result of
alleged widespread contamination of the waters of New Jersey by
MTBE.
Plaintiffs, in their Complaint, seek injunctive relief
E.
qoncerning the remediation of MTBE discharges.
Du~e
F.
principal
is a Delaware limited liability company with its
place
of
business
at
500
South
Tryon
Street 1
Charlotte, North Carolina.
G.
Duke
filed
liability
on
any
asserted
various
responsive
and
all
pleadings
claims
defenses
to
asserted
the
in
which
by
it
denied
Plaintiffs
allegations
and
and
claims
not
owned,
contained in the Complaint.
Duke
H.
represents
and
avers
that
it
has
operated/ leased, or branded any service stations in New Jersey;
that it has not owned or operated any underground storage tanks
in New Jerseyi that it has not owned or operated any pipelineS 1
tankers,
or barges used to transport gasoline;
that it has not
transported gasoline by rail or road in New Jersey; that it has
not manufactured MTBE;
that it was not the ultimate seller of
any gasoline within New Jersey;
that it played no role in the
decision to introduce the use of MTBE into the gasoline supply
in
New
gasoline
Jersey;
and
that
containing MTBE
it
into
has
the
3
not
leaked
waters
of
or
spilled
any
New Jersey;
but
acknowledges
that
at
relevant
times
in
(from
or
about
approximately 2000 to January 2004), it acted as a middle market
participant in the gasoline market anq in that capacity{
traded
gasoline that contained MTBE.
I.
The Parties to this Consent Decree recognize, and this
Court by entering this Consent Decree finds,
that the Parties to
this Consent Decree have negotiated this Consent Decree in good
faith;
that the implementation of this Consent Decree will allow
the Parties to this Consent Decree to avoid continued, prolonged
and
complicated
litigation;
and
that
this
Consent
Decree
is
fair, reasonable, and in the public interest.
THEREFORE,
with
the
consent
of
the
Parties
to
this
Consent Decree 1 it is hereby ORDERED and ADJUDGED:
II.
This case was
1.
Court for
JURISDICTION
removed
to
the United States District
the District of New Jersey pursuant
to
2 8 U.S. C.
1446(d) and the Energy Policy Act of 2005, 42 U.S.C.
seq. ,
which expressly authorized
related to
allegations
involving
the removal
MTBE
of
part of the Multi-District Litigation.
4
7545,
et
legal actions
contamination,
assigned to the Southern District of New York
§
§
and
then
("S.D.N. Y .")
as
For
2.
Consent
purposes
Decree~
the
of
Parties to this
objections and defenses
this
Court
Parties
over . the
shall
approving
and
this
Consent Decree waive all
they may have to the
Parties
and
this
challenge
not
implementing
the
S.D.N.Y.
jurisdiction of
Consent
1
Decree.
The
jurisdiction
S
to
enforce this Consent Decree against the parties to this Consent
Decree.
III.
This Consent Decree applies tor
3.
the
PARTIES BOUND
Plaintiffs
and
defined below (each
1
only
the
Unless
Settling
Defendantsr
as
a '\Party" and collectively, the "Parties") .
IV.
4.
named
and is binding upon,
otherwise
DEFINITIONS
expressly
provided, .terms
used
in
this Consent Decree that are defined in the Spill Act or in the
regulations promulgated under the Spill Act
shall have
statutory or
the
regulatory
meaning.
Whenever
terms
their
listed
below are used in this Consent Decree, the following definitions
shall apply:
"Consent Decree" shall mean this Consent Decree.
11
Damages 11
shall
mean
all
damages
alleged
in
the
Complaint for claims arising from discharges of MTBE into Waters
of
the
Stater
as
defined
below,
Department pursuant to N .J .A. C.
5
that
were
reported
to
the
7: lE-5 prior to the effective
date of this Consent Decree or that occurred at any of the sites
identified on the list included as Appendix A to this Consent
Decree, including, but not limited to:
a.
The Plaintiffs' costs of assessing injury to Waters of
the State;
b.
The
costs
contaminated
which,
of
with
restoring
MTBE
to
the
their
waters
of
the
pre-discharge
for the purpose of the Consent Decreer
State
quality,
shall be at
or below 1 part per billion;
c.
Compensation for
restoration of 1
the
lost value
of,
injury to1 and/or destruction of, Waters of the State;
d.
Compensation
for
the
treatment
of
well
water
containing MTBE to.its pre-discharge condition; and
e.
Attorneys'
fees,
consultants'
and experts'
fees,
and
other litigation costs.
"DamagesiT do not include:
a.
Compliance, during any remediation, with any statutory
or
regulatory
requirement
that
is
not
within
this
definition of damages 1 for example, without limitation, the
mitigation of freshwater wetlands as required by N.J. A. C.
7:7A; and
b.
Past Cleanup and Removal Costs and Future Cleanup and
Removal Costs, both as defined below.
6
"Day 11
stated to be a
shall
mean
a
calendar
working day.
day
"Working Day"
other than a Saturday, Sunday,
unless
expressly
shall mean a
or State holiday.
day
In computing
time under this Consent Decree, where the last day would fall on
a Saturday,
Sunday, or State holiday,
time shall run until the
close of business of the next Working Day.
uDuke' s
Representations"
shall mean Duke's representation,
affirmation,
and
subject
to
that
true
that
Duke
it
is
declaration
and
correct
penalties
(i)
has
of
perjury
not
owned,
operated, leased, or branded any service stations in New Jersey;
{ii) has not owned or operated any underground storage tanks in
New
Jersey;
tankers,
{iii)
has
not
owned
barges used to transport
or
operated
g~soline
any
pipelines,
in New Jersey;
has not transported gasoline by rail or road in New Jersey;
has
not
manufactured MTBE;.
(vi)
was
not
seller of any gasoline within New Jersey;
the
ultimate
(vii)
(iv)
(v)
retail
has played no
role in the decision to introduce the use of MTBE gasoline in
New Jersey;
and
(viii)
has not leaked or spilled any gasoline
containing MTBE into the waters of New Jersey.
11
Future
Cleanup
and
Removal
Costs 11
shall
mean
all
direct and indirect costs the Plaintiffs will incur on or after
the effective date of this Consent Decree,
costs,
to remediate MTBE discharges
7
including oversight
that were reported to the
Department pursuant
to N.J.A.C.
7:1E-5 prior
to
the
effective
date of this Consent Decree as set forth in Paragraph 28.
"MTBE"
shall mean methyl tertiary butyl ether,
neat
or as a part of gasoline or as a contaminant of other fuel 1 and
the degradation byproducts of
tertiary butyl alcohol
( "TBA'
1
)
commercial grade MTBE,
including
In addition, MTBE shall include
•
TBA when TBA is or was present in MTBE gasoline.
11
Paragraph"
shall
mean
a
portion
of
this
Consent
Decree identified by an Arabic numeral or an upper case letter.
11
Past Cleanup and Removal Costsn shall mean all direct
and indirect costs the Plaintiffs incurred before the effective
date
of
this
Consent
Decree,
including
oversight
costs,
to
remediate MTBE discharges.
11
Plaintiffs"
Commissioner,
and
mean
shall
the
plaintiffs
Administrator/
and
any
DEP 1
the
successor
department, agency or official.
11
Sectionn shall mean a portion of this Consent Decree
identified by a roman numeral.
11
Settling Defendant 11
shall mean defendant Duke Energy
Merchants, LLC and shall include all parent companies, officers,
directors, employees, predecessors, predecessors in interest,
successors, past and present
(each 1 a "Related Entity 11 )
1
officers~
directors, and employees
but only to the extent that the
8
alleged liability of any Related Entity is based on its or his
or her status and in its or his or her capacity as a Related
Entity, and not to the extent that the alleged liability of the
Related Entity with respect to MTBE contamination arose
independently of its or his or her status and capacity as a
Related Entity of Settling Defendants.
"Waters
of
the
estuaries, all springs,
water 1
State 11
are
the
ocean
and
its
streams and bodies of surface or ground
whether natural or artificial,
within the boundaries of
the State of New Jersey or subject to its jurisdiction.
V.
5.
(a)
SETTLING DEFENDANT 1 S COMMITMENTS
Within fourteen
this Consent Decree,
{14)
days after the effective date of
Duke shall pay the Plaintiffs One Million
Seven Hundred Thousand Dollars ($1,700,000.00).
(b}
Duke shall pay the amount specified in Paragraph 5 (a)
above by certified check made payable to
"Treasurer,
State of
New Jersey" or by wire transfer of immediately available funds
pursuant to instructions provided by Plaintiffs. Duke shall mail
or
otherwise
deliver
the
payment
and
previously received from Plaintiffs
wire
transfer
Duke
shall
to 1
any
payment
or in the event of
contemporaneously
payment to:
John N. Sacco, Chief
9
invoice
send
notice
if
a
of
Office of Natural Resource Restoration
Green Acres Program
New Jersey Department of Environmental Protection
501 East State Street 1 1st Floor
Mail Code 501-01
Trenton, New Jersey 08625i ·
with a photocopy thereof to:
Section Chief,
Cost
~ecovery
and Natural Resource Damages Section,
Division of Law,
Department of Law and Public Safety,
Richard J. Hughes Justice Complex,
25 Market Street,
P.O. Box 093,
Trenton, New Jersey 08625-0093.
VI.
6.
(a)
PLAINTIFFS' COVENANTS AND
In consideration of,
RE~EASES
and upon receipt of,
the payment
required in Section V above/ and except as otherwise provided in
Section VII below,
take
judicial,
the
Plaintiffs covenant not to
administrative
or
other
action
sue~
or to
against
the
Settling Defendant for reimbursement of Past Cleanup and Removal
Costs.
10
(b)
Decree,
Notwithstanding ·any other provision of this Consent
in consideration of I
and upon receipt of,
the payment
required in Section V above, the Plaintiffs covenant not to suet
or to take judicial, administrative or other action against the
Settling
Defendant
based
upon
Settling
Defendant's
liability
under the (i) common law and (ii) statutory or other theories of
products liability with respect to MTBE discharges into
Wat~rs
of the State that occurred prior to the effective date of this
Consent Decree as set forth in Paragraph 28.
In further consideration of, and upon the receipt of,
7.
the payment required in Section V above, and except as otherwise
provided in Section VII below,
the Plaintiffs fully and forever
release,
and agree not to otherwise take
covenant not to sue/
judicial,
administrative or other action against
the Settling
Defendant for Damages.
The covenants and r.eleases contained in this Section
8.
VI shall take effect upon the Plaintiffs receiving the payment
that Settling Defendant is required to make pursuant to Section
V above 1
in
full 1
and
in compliance with
the
terms
of
this
Consent Decree.
The covenants and releases contained in this Section
9.
VI
extend
only
to
Settling
Defendant
defendant, party, person or entity.
11
and
not
to
any
other
10.
VI
The covenants and releases contained in this Section
do
not pertain to any matters other
than those
expressly
stated herein.
VII.
11.
The
Settling
Defendant
PLAINTIFFS• RESERVATIONS
Plaintiffs'
is
willingness
subject
to
to
the
settle
Settling
compliance with all remediation requirements,
in
any
applicable
agreement,
order
statute,
or
regulation,
other
rule,
inc 1uding
Remediation Reform Act, N.J.S.A. 58:10C-1, et seq.
Defendant
agrees
that
hazardous
substances
all
investigation
they
perform
under
the
Defendant's
if any,
or
document,
with
set forth
and
the
any
Site
The Settling
and
remediation
of
State
oversight
(as
opposed to federal oversight) will be performed pursuant to the
Site Remediation Reform Act, N.J.S.A. SB:lOC-1 et seq., and the
accompanying regulations and guidance notwithstanding N .J .S .A.
58:10C-27(e).
such
The Plaintiffs reserve their rights to enforce
compliance.
Failure
to
comply
with
any
remediation
requirement may give rise to additional liability for Damages to
the extent that noncompliance increases the scope or duration of
injuries to Waters of the State,
and the Plaintiffs expressly
reserve their rights to pursue the Settling Defendant for such
increased scope or duration of injuries to Waters of the State
caused by Settling Defendant
1
S
noncompliance.
12
12.
The
Plaintiffs
reserve,
and
this
Consent
Decree
is
without prejudice to, all rights against the Settling Defendant
concerning
any
matter
not
addressed
in
this
Consent
Decree,
including; but not limited to, the following:
a. claims based on the
Settling Defendant's
failure
to
satisfy any term or provision of this Consent Decree;
b. liability arising from the Settling Defendant being in
any way responsible
for a
hazardous
substance other
than MTBE that is discharged into the Waters of the
State;
c. liability
for
remediation
cleanup
of
and
discharges
not
Department pursuant to N. J .A. C.
costs
removal
for
to
the
reported
7: lE-5 prior
to
the
effective date of this Consent Decree as provided in
Paragraph 28;
d. liability for any future discharge or unsatisfactory
storage or containment of any hazardous substance by
the Settling Defendant, other than as provided for in
an
administrative
consent
order
or
as
otherwise
ordered or approved by plaintiff DEP;
e. criminal liability;
f. liability for any violation by the Settling Defendant
of
federal
or
state
law
that
occurs
effective date of this C0nsent Decree; and
13
after
the
g. liability for any claim pending or filed on or after
the effective date of this Consent Decree against the
Spil.l Fund concerning the discharge of MTBE into · the
Waters of the State.
VIII.
SETTLING DEFENDANT'S COVENANT
The Settling Defendant covenants not to sue or assert
13.
any claim or cause of action against the State,
department,
including any
agency or instrumentaJ,.ity of the State 1
concerning
the matters addressed in the Complaint and this Consent Decree.
The .Settling
14.
above
does
not
apply
Defendant's
where
covenant
the
in
Plaintiffs
Paragraph
sue
or
13
take
administrative action against the Settling Defendant pursuant to
Section VII above.
IX.
FINDINGS AND ADMISSIONS OF LIABILITY
Nothing
15.
contained
in
this
Consent
Decree
shall
be
considered an admission by the Settling Defendantr or a finding
by
the
Plaintiffs
or
by
the
Court,
of
any
wrongdoing
or
liability on the Settling Defendant 1 S part.
X.
16.
EFFECT OF SETTLEMENT AND CONTRIBUTION PROTECTION
Nothing in this Consent Decree shall be construed to
create
any rights
person
not
a
in 1
Party
to
or grant
this
any cause
Consent
14
of
Decree.
action to,
The
any
preceding
sentence shall not be construed to waive or nullify any rights
that any person not a signatory to this Consent Decree may have
under applicable law.
17.
Settling
Defendant
expressly
reserves
and
causes
of
action
that
concerning any matter 1
the
Settling
transactionr
rights,
claims,
including any right to contribution, defenses,
all
demands,
Defendant
or occurrence
may
have
against any
person not a Party to this Consent Decree.
18.
When entered/
this
Consent Decree will
constitute a
within the meaning of N.J. S .A.
judicially approved settlement
58:10-23.1lf.a. (2) (b) and 42 U.S.C.
9613(f) (2)
§
for the purpose
of providing contribution protection to the Settling Defendant
from contribution actions related to the causes of action pled
in
the
Complaint.
The
Parties
agree,
Consent Decree this Court finds/
entitled,
Consent
upon
Decree,
fully
to
and
by
entering
this
that the Settling Defendant is
satisfying
protection
its
from
obligations
contribution
under
this
actions
or
claims for matters addressed in the Complaint and this Consent
Decree.
In
19.
order
for
the
Settling
under
cqntribution
actions
or
claims
Consent Decree/
copy
Consent
the
draft
Decree
15
obtain
from
for
Complaint and this
of
to
58:10-23.11f.a. (2) (b)
N.J.S.A.
protection
Defendant
matters
addressed
in
the
the Plaintiffs published a
on
Plaintiffs'
website
and
published
notice
of
this
Consent
Decree
in
the
New
Jersey
Register, and arranged for notice 1 as described_ in the following
paragraph,
to the other parties in this case and to the other
potentially
responsible
58:10-23.11e2.
parties
in
accordance
with ·N.J.S.A.
Such notice included the following information:
a.
the caption of this casei
b.
the name of the Settling Defendant;
c.
a summary of the terms of this Consent Decree; and
that a
d.
copy of the draft Consent Decree is available
on the Plaintiffs 1 website.
In fulfillment of N.J.S.A.
20.
58:10-23.11e2,
the Parties
have provided written notice of this Consent Decree to all other
parties in the case and to other potentially responsible parties
by:
a.
Duke
sending a
letter
to
liaison defense counsel
and
serving a copy of such letter on counsel of record in the above
captioned litigation via LexisNexis File and Serve; and
b. Duke publishing notice in the following newspapers:
i. Asbury Park Press;
ii. Atlantic City Press;
iii. Bergen Record;
iv. Burlington County Timesi
v. New Jersey Herald;
vi. South Jersey Times; and
16
vii. Star Ledger; and
c.
Plaintiffs
Register
Office
Notice
of
via
Natural
public
distributing
can
the
Site
Resource
access
a
copy
Remediation
Restoration's
at
of
the
New
Jersey
Program's
listserv
and
the
which
the
http://nj.gov/dep/srp
and
http://nj.gov/dep/onrr respectively.
This notice is deemed compliant with the notice requirement of
N.J.S.A. 58:10-23.11e2.
The Plaintiffs will submit this Consent Decree to the
21.
Court
for
result
entry pursuant
of
the
notice
to
of
Paragraph 35
this
Consent
below unless,
Decree
as
pursuant
a
to
Paragraphs 19 and 20 above,
the Plaintiffs receive information
that
considerations
discloses
facts
or
that
indicate
to
Plaintiffs, in their sole discretion, that the Consent Decree is
inappropriate, improper or inadequate.
In
22.
any
subsequent
proceeding initiated by
recovery of costs,
the
administrative
Plaintiffs
and/or damages,
for
or
judicial
injunctive
relief,
or other appropriate· relief
not alleged in the Complaint,
the Settling Defendant shall not
assert,
any defense or claim based upon
the
and may not maintain,
principles
however,
that
of
the
entire
nothing
in
controversy
this
enforceability of this Consent Decree.
17
doctrine;
Paragraph
provided,
affects
the
XI .
23.
Nothing
in
GENERAL PROVISTONS
this
Consent
Decree
shall
be
deemed
to
constitute preauthorization of a claim against the Spill Fund
within the meaning of N.J.S.A. 58:10-23.11k or N.J.A.C. 7:1J.
24.
to
The Plaintiffs enter into this Consent Decree pursuant
the
police
powers
of
the
State
of
New
Jersey
for
the
enforcement of the laws of the State and the protection of the
public health and safety and the environment.
All obligations
imposed upon the Settling Defendant by this Consent Decree are
continuing regulatory obligations pursuant to the police powers
of the State of New Jersey.
25.
No
payment
owed
or
made
pursuant
Decree is intended to constitute a debt,
to
this
Consent
damage claim, penalty
or other claim that may be limited or discharged in a bankruptcy
proceeding.
This Consent Decree.shall be governed and interpreted
26.
under the laws of the State of New Jersey.
27.
If
any
provision
application
thereof
to
extent,
invalid
or
be
any
of
this
person
Consent
or
unenforceable,
Decree
or
the
circumstance,
to
any
the
remainder
of
this
Consent Decree or the application of such provision to persons
or circumstances other than those as to which it is held invalid
or
unenforceable,
shall
not
be
18
affected
thereby
and
each
provision of this Consent Decree shall be valid and enforced to
the fullest extent permitted by law.
XII.
28.
EFFECTIVE DATE
The effective date of this Consent Decree shall be the
date upon which this Consent Decree is entered by the Court.
XIII.
29.
RETENTION OF JURISDICTION
This Court retains jurisdiction over both the subject
matter of this Consent Decree and the Parties for the duration
of the performance of the terms and provisions of this Consent
Decree for the purpose of enabling any of the Parties to apply
to the Court at any time for such further order, direction, and
relief as may be necessary or appropriate for the construction
or modification of
this
Consent
Decree,
or
to
effectuate
or
enforce compliance with its terms.
XIV.
30.
The
COOPERATION AND DOCUMENT RETENTION
Settling
Defendants
agree
to
make
employees available to testify at or prior to trial
current
for
this
case only without the need to serve subpoenas so long as such
employees are only asked to appear where they would otherwise be
subj ~ct
to a proper subpoena and Plaintiffs pay the
such employees'
costs of
travel for the purpose of providing testimony.
19
With respect to former employees,
facilitate
the appearance of
prior to trial,
travel
such witnesses
to testify at
they would otherwise· be
Plaintiffs pay
the
costs
subject
of . such
consents
to
appear.
The
to a
former
for the purpose of providing testimony 1
employee
or
so long as such former employees are only asked
to appear where
subpoena,
Settling Defendants agree to
Settling
proper
employees'
and the former
Defendants
will
provide to Plaintiffs last known addresses of former employees
that are not willing to voluntarily testify unless prohibited by
law or contract from doing so.
The Settling Defendant further
agrees to provide documents in response to reasonable requests
by Plaintiffs without requiring the use of a subpoena.
31.
The
pr~visions
of
Settling
the
Defendant
March
15,
2005
shall
Order
comply
for
with
Preservation
the
of
Documents entered in this matter.
XV.
32.
MODIFICATION
This Consent Decree may be modified only by written
agreement between the Parties approved by the Court.
33.
. Nothing in this Consent Decree shall be deemed to alter
the Court's power to enforce, supervise or approve modifications
to this Consent Decree.
XVI.
ENTRY OF THIS CONSENT DECREE
20
The Settling Defendant consents to the entry of this
34.
Consent Decree without further notice after the comment period
specified in Paragraphs 19·and 20 above.
Upon
35.
conclusion
of
the
Plaintiffs'
review
of
any
public comment received as a result of the notice desoribed in
Paragraphs 19 and 20 above, the Plaintiffs shall promptly submit
this Consent Decree to the Court for entry.
36 .
this
If for any reason the Court should decline to approve
Consent Decree in the
form presented,
this
agreement
is
voidable at the sole discretion of any Party and the terms of
the
agreement may not
be used
as
evidence
in any litigation
among the Parties or third parties.
37.
payment
Within
as
set
thirty
forth
days
in
of
Seqtion
request that the Court dismiss
the
V
Plaintiffs'
receipt
above, . Plaintiffs
of
shall
this action as to the Settling
Defendant with prejudice pursuant to Fed. R. Civ. P. 41(a) (2).
XVII.
38.
Each
SIGNATORIES/SERVICE
undersigned
representative
of
a
Party
to
this
Consent Decree certifies that he or she is authorized to enter
into the
terms and conditions of
this Consent Decree,
and to
execute and legally bind such Party to this Consent Decree.
3 9.
This
Consent Decree
may be
signed and dated in any
number of counterparts, each of which shall be an original, and
21
By:
Anthony J. Farro, Director
Publicly Funded Site Remediation
Site Remediation Program
Dated:
Boornazian, Assistant
Commissioner
Natural & Historic Resources
Dated:
NEW JERSEY SPILL COMPENSATION FUND
By:
Anthony
o, Administrator
New Jersey Spill Compensation Fund
Dated:
John J. Hoffman,
Acting Attorney General of New
Jersey
Attorney for Plaintiffs
By:
Gwen Farley
Deputy Attorney General
Dated:
23
By: --·-·········-------Anthony J. Farro, Director
Publicly Funded Site Remediation
Site Remediation Program
Dated;
By:
Rich Boornazian, Assistant
Commissioner
Natural & Historic Resources
Dated:
NEW JERSEY SPILL COMPENSATION FUND
By: _. . . . . .-.. .- . - - - - - - - - - - - - - - - .
Anthony J. Farro, Administrator
New o·ersey Spill Compensation Fund
Dated:
John J. Hoffman,
Acting Attorney General of New
Jersey
Attorney for Plaintiffs
Dated:
23
Duke Energy Merchants, LLC
By:
------------~--~--------------
David J. atcher, President
Duke Energy Merchants, LLC
Dated:
Person or Entity Authorized to Accept Service on Behalf of
Duke Energy Merchants, LLC solely and exclusively with respect
to this Consent Decree and for no other purpose:
Steven J. Moss
Associate General Counsel
Duke Energy Business Services LLC
1000 E. Main Street
Plainfield, IN 46168
I
:
With a copy to:
24
I
APPENDIX A
[SITE LIST]
l
25
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?