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).