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

Filing 4458

MANDATE of USCA (Certified Copy) as to (4301 in 1:00-cv-01898-VSB, 467 in 1:04-cv-04968-VSB) Notice of Appeal, filed by Orange County Water District. USCA Case Number 15-3934. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is VACATED and the claims against BP and Shell are REMANDED for further proceedings consistent with the Court's opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/19/2017. (Attachments: # 1 Opinion)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:04-cv-04968-VSB(nd)

MANDATE

Case 15-3934, Document 172-1, 07/19/2017, 2081716, Page1 of 2

UNITED STATES COURT OF APPEALS
FOR THE
SECOND CIRCUIT
______________________________________________

N.Y.S.D. Case #
04-cv-4968(SAS)
00-cv-1898(SAS)

At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the
Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the
12th day of June, two thousand and seventeen.
Before:

Barrington D. Parker,
Reena Raggi,
Peter W. Hall,
Circuit Judges.
_________________________________________________

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
_________________
DATE FILED: July 19, 2017
______________

In Re: Methyl Tertiary Butyl Ether ("MTBE") Products
Liability Litigation.
***************************************************
Orange County Water District,
Plaintiff - Appellant,
v.
Texaco Refining and Marketing, Inc., Equilon Enterprises LLC,
Shell Oil Company, DBA Shell Oil Products US, Atlantic
Richfield Company, FKA Arco Petroleum Company, DBA
Arco Products Company, AKA Arco, BP Products North
America, Inc., BP West Coast LLC, (Doe 3),
Defendants - Appellees,
Unocal Corporation, ConocoPhillips Company, Chevron
U.S.A., Inc., DBA Chevron Products Company, DBA Chevron
Chemical Company, Union Oil Company of California, Inc.,
Tosco Corporation, Exxon Mobil Corporation, FKA Exxon
Corporation, DBA Exxonmobil Refining and Supply Company,
ExxonMobil Chemical, Corporation, Exxon, CHEMICAL
U.S.A., Mobile Corporation, Ultramar, Inc., Valero Refining
and Marketing Company, Valero Refining Company-California,
Valero Refining, Tesoro Petroleum Corporation., (Doe 4),
Tesoro Refining and Marketing Company, Inc., Petro-Diamond,
Inc., (Doe 6), Southern Counties Oil Co., (Doe 7), Arco
Chemical Company, (Doe 201), Lyondell Chemical Company,

MANDATE ISSUED ON 07/19/2017

JUDGMENT
Docket No. 15-3934

Case 15-3934, Document 172-1, 07/19/2017, 2081716, Page2 of 2

FKA Arco Chemical Company G&M Oil Company, Inc.,
7-Eleven, Inc., USA Gasoline Corporation, Does, 9-200, and
Does 202-1000, inclusive, Chevron Corporation, Exxon Mobil
Oil Corporation, TMR Company, Chevrontexaco Corporation,
Defendants.
_________________________________________________

The appeal in the above captioned case from an order of the United States District Court for
the Southern District of New York was argued on the district court’s record and the parties’ briefs.
Upon consideration thereof,
IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district
court is VACATED and the claims against BP and Shell are REMANDED for further proceedings
consistent with the Court’s opinion.

For The Court:
Catherine O=Hagan Wolfe,
Clerk of Court