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

Filing 4463

DECLARATION of Matthew T. Heartney in Opposition re: 4460 MOTION to Remand Phase 1 Claims Against Shell and BP Defendants.. Document filed by Atlantic Richfield Company, BP Products North America, Inc.(formerly known as Amoco Oil Company), BP West Coast LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Heartney, Matthew)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In re: Methyl Tertiary Butyl Ether (“MTBE”)
Products Liability Litigation

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This Document Relates To:
Orange County Water District v. Unocal
Corporation, et al., Case No. 04 Civ. 4968
(VSB)

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Master File No. 1:00-1898
MDL No. 1358 (VSB)
M21-88
The Honorable Vernon S. Broderick

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CASE MANAGEMENT ORDER NO. ____
(Further Proceedings on the BP and Shell Claims)
WHEREAS, the claims of plaintiff Orange County Water District (the “District”) against
defendants Atlantic Richfield Company, BP Products North America Inc., and BP West Coast
Products LLC (the “BP Defendants”), and Shell Oil Company, Equilon Enterprises LLC, and
Texaco Refining and Marketing Inc. (the “Shell Defendants”), have been remanded to this Court
by the U.S. Court of Appeals for the Second Circuit for further proceedings;
IT IS HEREBY ORDERED THAT
1.

Within fifteen (15) days of the issuance of this Case Management Order, the BP

and Shell Defendants and the District shall “meet and confer” to identify what additional
documents or information is needed to address whether the District and the Orange County
District Attorney (the “OCDA”) are in privity for purposes of the District’s claims in this action,
and to discuss what discovery requests, including requests for admissions, interrogatories, and/or
document requests, may be needed to obtain this information. The parties are encouraged to
cooperate with respect to stipulations regarding authenticity and admissibility of documents.

2.

Within twenty-one (21) days after the parties’ “meet and confer” discussions are

completed, the BP and Shell Defendants and the District shall serve any additional discovery
requests needed to address the issue of privity between the District and the OCDA. The parties
shall provide substantive responses to all discovery requests served pursuant to this paragraph
not later than forty-five (45) days after such discovery requests are served.
3.

If the parties are unable to agree on the authenticity and admissibility of

documents, the party seeking to use such documents may take a deposition pursuant to Rule
30(b)(6) of a person knowledgeable regarding the documents and/or their subject matter.
4.

Within thirty (30) days after the conclusion of any discovery contemplated by

paragraphs 1 through 3 of this Case Management Order, the BP and Shell Defendants may file
and serve a renewed motion for summary judgment on res judicata grounds. The District’s
opposition to that motion must be filed and served within __ days after the motion is filed and
served, and any reply shall be filed within __ after the opposition is filed and served.
Dated:

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Hon. Vernon S. Broderick
U.S.D.J.

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